Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Postpone Implementation of a New Attribute for Designated Retail Orders, 48301-48302 [2017-22392]
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Federal Register / Vol. 82, No. 199 / Tuesday, October 17, 2017 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81855; File No. SR–
NASDAQ–2017–103]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change to Postpone
Implementation of a New Attribute for
Designated Retail Orders
October 11, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 29, 2017, The NASDAQ
Stock Market LLC (‘‘Nasdaq’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to postpone
implementation of a new attribute for
designated retail orders
The text of the proposed rule change
is available on the Exchange’s Web site
at http://nasdaq.cchwallstreet.com/, at
the principal office of the Exchange, and
at the Commission’s Public Reference
Room.
sradovich on DSK3GMQ082PROD with NOTICES
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
On July 7, 2017, the Commission
approved the Exchange’s new Extended
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
VerDate Sep<11>2014
17:10 Oct 16, 2017
Jkt 244001
Life Priority Order Attribute (‘‘ELO’’).3
ELO will allow certain Displayed
Orders 4 that are committed to a onesecond or longer resting period to
receive higher priority than other
Displayed Orders of the same price on
the Nasdaq Book. Currently, Nasdaq’s
System 5 places a time-stamp on each
Order entered by a member, which
determines the time ranking of the
Order for purposes of processing the
Order.6 The System presents resting
Orders on the Nasdaq Book for
execution against incoming Orders in
accordance with a price/display/time
algorithm.7 Price means that better
priced Orders will be presented for
execution first. The Exchange proposed
ELO to promote Displayed Orders with
longer time horizons, thereby enhancing
the market so that it works for a wider
array of market participants.
Implementation of ELO requires the
Exchange to make an exception to the
general priority rules 8 so that Displayed
Orders with an Extended Life Priority
Attribute are allowed to earn queue
priority on the Nasdaq Book at any
given price level ahead of all other
Displayed Orders without the Extended
Life Priority Attribute.9
In proposing ELO, the Exchange
anticipated a progressive rollout of the
ELO functionality, beginning with a
small set of symbols and gradually
expanding further. The Exchange also
committed to publish the symbols
eligible for ELO on its Web site. The
Exchange noted that it intended to
implement the initial set of symbols for
ELO in the third quarter of 2017, with
the exact implementation date being
reliant on several factors, such as the
results of extensive testing and industry
events and initiatives.
The Exchange has encountered
unforeseen issues in developing ELO,
which have delayed its implementation.
These issues concern the complexity of
programming the System to account for
3 See Securities Exchange Act Release No. 81097
(July 7, 2017), 82 FR 32386 (July 13, 2017) (SR–
NASDAQ–2016–161) (approving the proposal as
modified by Amendment No. 1).
4 Only Designated Retail Orders, as defined by
Rule 7018, are available for ELO.
5 As defined by Rule 4701(a).
6 See Rule 4756(a)(2).
7 See Rule 4757. To implement ELO’s exception
to the price/display/time algorithm the Exchange
proposed amending Rule 4757. See supra note 3.
8 Id.
9 The Exchange proposed to designate orders with
the ELO attribute with a new, unique identifier or
they may alternatively be entered through an order
port that has been set to designate, by default, all
orders with the new identifier. Orders marked with
the new identifier—whether on an order-by-order
basis or via a designated port—would be
disseminated via Nasdaq’s TotalView ITCH data
feed.
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
48301
ELO priority over other Orders on the
Nasdaq Book. The issues will require
additional thoughtful and methodical
development efforts to ensure that risks
are adequately addressed, and the
System will accurately account for the
new ELO priority. As a consequence,
the Exchange is proposing to implement
ELO in the second half of 2018. As it
originally committed to do, the
Exchange will notify market
participants via an Equity Trader Alert
once a specific date for the initial
rollout is determined.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,10 in general, and furthers the
objectives of Section 6(b)(5) of the Act,11
in particular, in that it is designed to
promote just and equitable principles of
trade, to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and, in general to protect
investors and the public interest,
because it will allow the Exchange to
adequately address complex unforeseen
issues that introduce risk to the
development and functioning of ELO.
The Exchange believes that, to address
these issues in a thorough and
thoughtful manner, additional time is
needed for it to solve these issues before
it can implement ELO. As a
consequence, the proposed delay will
serve to protect investors by decreasing
the likelihood of potential disruption to
the market caused by the
implementation of ELO.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act. Delaying the
implementation of ELO will allow the
Exchange to adequately analyze issues,
as well as to further develop and test
Nasdaq systems to ensure that ELO
functions as proposed. Ensuring that the
Exchange has adequate time to do so
does not place a burden on competition
whatsoever, since ELO has not been
implemented and market participants
have not yet begun to program their
systems to accept ELO. Thus market
participants will not be affected by the
delay in its implementation.
10 15
11 15
E:\FR\FM\17OCN1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
17OCN1
48302
Federal Register / Vol. 82, No. 199 / Tuesday, October 17, 2017 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
sradovich on DSK3GMQ082PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act and Rule 19b–
4(f)(6) thereunder.12
A proposed rule change filed
pursuant to Rule 19b–4(f)(6) under the
Act 13 normally does not become
operative for 30 days after the date of its
filing. However, Rule 19b–4(f)(6)(iii) 14
permits the Commission to designate a
shorter time if such action is consistent
with the protection of investors and the
public interest. The Exchange has asked
the Commission to waive the 30-day
operative delay so that the Exchange
may immediately extend the ELO
implementation date. The Exchange
stated that it will not be able to
implement ELO by the end of the third
quarter of 2017. According to the
Exchange, it has encountered
unforeseen issues in developing ELO,
and these issues will require additional
thoughtful and methodical development
efforts to ensure that risks are
adequately addressed and the System
will accurately account for the new ELO
priority. The Exchange also stated that
waiving the operative delay will allow
it to implement the proposed
implementation delay and provide
notice to market participants thereof.15
The Commission believes that waiving
the 30-day operative delay is consistent
with the protection of investors and the
public interest. Therefore, the
Commission hereby waives the
12 17 CFR 240.19b–4(f)(6). As required under Rule
19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file
the proposed rule change, along with a brief
description and the text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission.
13 17 CFR 240.19b–4(f)(6).
14 17 CFR 240.19b–4(f)(6)(iii).
15 The Exchange stated that, as it originally
committed to do, it will notify market participants
via an Equity Trader Alert once a specific date for
the initial rollout is determined and will publish
the symbols that are eligible for ELO on its Web
site.
VerDate Sep<11>2014
17:10 Oct 16, 2017
Jkt 244001
operative delay and designates the
proposed rule change operative upon
filing.16
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (http://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2017–103 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–NASDAQ–2017–103. 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.,
16 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
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–
NASDAQ–2017–103, and should be
submitted on or before November 7,
2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–22392 Filed 10–16–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81852; File No. SR–BOX–
2017–32]
Self-Regulatory Organizations; BOX
Options Exchange LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Amend
the Fee Schedule To Adopt a Strategy
QOO Order Fee Cap
October 11, 2017.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 29, 2017, BOX Options
Exchange LLC (the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the Exchange.
The Exchange filed the proposed rule
change pursuant to Section
19(b)(3)(A)(ii) of the Act,3 and Rule
19b–4(f)(2) thereunder,4 which renders
the proposal effective upon filing with
the Commission. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
17 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(ii).
4 17 CFR 240.19b–4(f)(2).
1 15
E:\FR\FM\17OCN1.SGM
17OCN1
Agencies
[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Pages 48301-48302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22392]
[[Page 48301]]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-81855; File No. SR-NASDAQ-2017-103]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Postpone Implementation of a New Attribute for Designated Retail Orders
October 11, 2017.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 29, 2017, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange proposes to postpone implementation of a new attribute
for designated retail orders
The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
On July 7, 2017, the Commission approved the Exchange's new
Extended Life Priority Order Attribute (``ELO'').\3\ ELO will allow
certain Displayed Orders \4\ that are committed to a one-second or
longer resting period to receive higher priority than other Displayed
Orders of the same price on the Nasdaq Book. Currently, Nasdaq's System
\5\ places a time-stamp on each Order entered by a member, which
determines the time ranking of the Order for purposes of processing the
Order.\6\ The System presents resting Orders on the Nasdaq Book for
execution against incoming Orders in accordance with a price/display/
time algorithm.\7\ Price means that better priced Orders will be
presented for execution first. The Exchange proposed ELO to promote
Displayed Orders with longer time horizons, thereby enhancing the
market so that it works for a wider array of market participants.
Implementation of ELO requires the Exchange to make an exception to the
general priority rules \8\ so that Displayed Orders with an Extended
Life Priority Attribute are allowed to earn queue priority on the
Nasdaq Book at any given price level ahead of all other Displayed
Orders without the Extended Life Priority Attribute.\9\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 81097 (July 7,
2017), 82 FR 32386 (July 13, 2017) (SR-NASDAQ-2016-161) (approving
the proposal as modified by Amendment No. 1).
\4\ Only Designated Retail Orders, as defined by Rule 7018, are
available for ELO.
\5\ As defined by Rule 4701(a).
\6\ See Rule 4756(a)(2).
\7\ See Rule 4757. To implement ELO's exception to the price/
display/time algorithm the Exchange proposed amending Rule 4757. See
supra note 3.
\8\ Id.
\9\ The Exchange proposed to designate orders with the ELO
attribute with a new, unique identifier or they may alternatively be
entered through an order port that has been set to designate, by
default, all orders with the new identifier. Orders marked with the
new identifier--whether on an order-by-order basis or via a
designated port--would be disseminated via Nasdaq's TotalView ITCH
data feed.
---------------------------------------------------------------------------
In proposing ELO, the Exchange anticipated a progressive rollout of
the ELO functionality, beginning with a small set of symbols and
gradually expanding further. The Exchange also committed to publish the
symbols eligible for ELO on its Web site. The Exchange noted that it
intended to implement the initial set of symbols for ELO in the third
quarter of 2017, with the exact implementation date being reliant on
several factors, such as the results of extensive testing and industry
events and initiatives.
The Exchange has encountered unforeseen issues in developing ELO,
which have delayed its implementation. These issues concern the
complexity of programming the System to account for ELO priority over
other Orders on the Nasdaq Book. The issues will require additional
thoughtful and methodical development efforts to ensure that risks are
adequately addressed, and the System will accurately account for the
new ELO priority. As a consequence, the Exchange is proposing to
implement ELO in the second half of 2018. As it originally committed to
do, the Exchange will notify market participants via an Equity Trader
Alert once a specific date for the initial rollout is determined.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\10\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\11\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, because it will allow the Exchange to adequately address
complex unforeseen issues that introduce risk to the development and
functioning of ELO. The Exchange believes that, to address these issues
in a thorough and thoughtful manner, additional time is needed for it
to solve these issues before it can implement ELO. As a consequence,
the proposed delay will serve to protect investors by decreasing the
likelihood of potential disruption to the market caused by the
implementation of ELO.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78f(b).
\11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Delaying the implementation of
ELO will allow the Exchange to adequately analyze issues, as well as to
further develop and test Nasdaq systems to ensure that ELO functions as
proposed. Ensuring that the Exchange has adequate time to do so does
not place a burden on competition whatsoever, since ELO has not been
implemented and market participants have not yet begun to program their
systems to accept ELO. Thus market participants will not be affected by
the delay in its implementation.
[[Page 48302]]
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.\12\
---------------------------------------------------------------------------
\12\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------
A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \13\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the Exchange may immediately extend the ELO implementation date. The
Exchange stated that it will not be able to implement ELO by the end of
the third quarter of 2017. According to the Exchange, it has
encountered unforeseen issues in developing ELO, and these issues will
require additional thoughtful and methodical development efforts to
ensure that risks are adequately addressed and the System will
accurately account for the new ELO priority. The Exchange also stated
that waiving the operative delay will allow it to implement the
proposed implementation delay and provide notice to market participants
thereof.\15\ The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest. Therefore, the Commission hereby waives the operative delay
and designates the proposed rule change operative upon filing.\16\
---------------------------------------------------------------------------
\13\ 17 CFR 240.19b-4(f)(6).
\14\ 17 CFR 240.19b-4(f)(6)(iii).
\15\ The Exchange stated that, as it originally committed to do,
it will notify market participants via an Equity Trader Alert once a
specific date for the initial rollout is determined and will publish
the symbols that are eligible for ELO on its Web site.
\16\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NASDAQ-2017-103 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-NASDAQ-2017-103. 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-NASDAQ-2017-103, and should
be submitted on or before November 7, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------
\17\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-22392 Filed 10-16-17; 8:45 am]
BILLING CODE 8011-01-P