From: John Silvasi To: Art Fraas, Amy Flynn Subject: * 8 hour Ozone NAAQS Implementation Rule Hello, Art and Amy,

I'm attaching updated sections of our 8 hour ozone NAAQS implementation rulemaking ( phase 2) for several topics. These updates are intended to address the concerns Art had mentioned in a phone call to Lydia Wegman around April 27. The topics and concerns were:

Long range transport  Address the fact that CAIR has been issued and the impact of CAIR on ozone ( done) Reasonable Further Progress ( RFP) Address the fact that CAIR had been issued ( done) Express support for the 100/ 200 km policy and indicate what the likely outcome will be after reconsidering the policy in light of Inspector General report ( done) Concern about the final increment of progress being more than needed for attainment ( actually we don't think this will occur and the revision explains why) Concern about subpart 1 areas with attainment dates beyond 5 years being required to show proportional reductions out to the attainment date. We are not exactly sure how to address this concern. I don't believe we have any problem with requiring some form of " non proportional" reductions, but there are many variations on how to do this. For instance, instead of proportional ( e. g., half the reductions in half the time and the remaining half by the attainment date), we could require 1/ 3 reductions in 1/ 2 the time, 1/ 4 reductions in half the time, etc. etc.) A conversation with you might help us. You should be aware that we did not receive any specific comments opposing the proportional reduction concept. Additionally, we only expect one area in the East ( possibly one or a few in the West) to be in this situation ( subpart 1 area with attainment date beyond 2010). Reasonably Available Control Technology ( RACT)  Address CAIR and RACT ( done)

In addition, we have revised the RFP section to say we are making the clean data policy a final rule; as part of that set of revisions, there is now much more additional discussion with legal references, and revisions to some of the responses to comments.

The attachments are redline/ strikeout versions compared to the 2/ 6/ 05 version under review at OMB. There are other portions of the rulemaking notice that we have had to revise for corrections, etc., and we will be sending you a revised version with a description of any significant changes.

Please let us know whether there are other comments that you wish to provide.

Best wishes!

John J. Silvasi Environmental Engineer Ozone Policy and Strategies Group ( C539 02) Office of Air Quality Planning and Standards U. S. Environmental Protection Agency Research Triangle Park, NC 27711 919 541 5666 ( v); 919 541 0824 ( fax) silvasi. john@ epa. gov


[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Notices]
[Pages 19666-19667]
[FR Doc No: 2021-07601]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91518; File No. SR-MIAX-2021-08]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Exchange Rule 404A, Select Provisions of
Options Listing Procedures Plan

April 8, 2021.
    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 March 26, 2021, Miami International Securities Exchange, LLC
(``MIAX Options'' or the ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the self-regulatory organization. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 404A,
Select Provisions of Options Listing Procedures Plan.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/ at MIAX Options'
principal office, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement on 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
    The Exchange proposes to amend Exchange Rule 404A, Select
Provisions of Options Listing Procedures Plan, to make a minor non-
substantive change to update a Uniform Resource Locator (``URL'') to
point to the complete copy of the current Options Listings Procedures
Plan (``OLPP'') on the Options Clearing Corporation (``OCC'') website.
    Currently, Exchange Rule 404A provides that, the provisions set
forth in this Rule 404A were adopted by the Exchange as a quote
mitigation strategy and are codified in the Options Listing Procedures
Plan (``OLPP''). The current rule provides an invalid link to the OLPP,
stating that, A complete copy of the current OLPP may be accessed at:
http://www.optionsclearing.com/components/docs/clearing/services/options_listing_procedures_plan.pdf.
    The Exchange notes that the current copy of the OLPP is no longer
located at this URL and instead may be found at https://www.theocc.com/Clearance-and-Settlement/Industry-Services. Therefore, the Exchange
proposes to remove the old invalid URL and replace it with the current
valid URL.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \3\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \4\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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    The proposed rule change will promote just and equitable principles
of trade, foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with to, and
facilitating transaction in securities. Further, the proposed rule
change promotes the protection of investors and the public interest by
providing an accurate URL to where the public and investors may find
the current and complete copy of the OLPP. It is in the public and
investors interest for Exchange rules to be accurate and concise so as
to avoid the potential for confusion.

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 that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange believes the
proposed rule change will not impose any burden on intra-market
competition as every Member of the Exchange benefits from the location
of the OLPP being corrected in the Exchange's rulebook. Additionally,
the proposed rule change is similar to the rules of other exchanges.\5\
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    \5\ See Nasdaq ISE Options 4, Section 6; and Cboe Exchange Rule
4.7(a).
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    The Exchange does not believe that the proposed rule change will
impose any burden on inter-market competition as the proposed change is
not a competitive filing and is being made solely to correct an
inaccurate URL.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor 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 after the date of the filing, or such
shorter time as the

Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6) \7\ thereunder.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
The Exchange has satisfied this requirement.
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    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 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<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2021-08 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-MIAX-2021-08. 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 website (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 website 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 inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MIAX-2021-08 and should be submitted on
or before May 5, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-07601 Filed 4-13-21; 8:45 am]
BILLING CODE 8011-01-P