[Federal Register: October 23, 2008 (Volume 73, Number 206)]
[Notices]
[Page 63216-63218]
[DOCID:fr23oc08-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58806; File No. 4-566]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Notice of Filing and Order Approving and Declaring
Effective an Amendment to the Plan for the Allocation of Regulatory
Responsibilities Among the American Stock Exchange LLC, BATS Exchange,
Inc., Boston Stock Exchange, Inc., Chicago Board Options Exchange,
Inc., Chicago Stock Exchange, Inc., Financial Industry Regulatory
Authority, Inc., International Securities Exchange, LLC, The NASDAQ
Stock Market LLC, National Stock Exchange, Inc., New York Stock
Exchange, LLC, NYSE Arca Inc., NYSE Regulation, Inc., and Philadelphia
Stock Exchange, Inc. Relating to the Surveillance, Investigation, and
Enforcement of Insider Trading Rules

October 17, 2008.
    Notice is hereby given that the Securities and Exchange Commission
(``Commission'') has issued an Order, pursuant to Section 17(d) of the
Securities Exchange Act of 1934 (``Act''),\1\ approving and declaring
effective an amendment to the plan for allocating regulatory
responsibility (``Plan'') filed pursuant to Rule 17d-2 of the Act,\2\
by the American Stock Exchange LLC (``Amex''), BATS Exchange, Inc.
(``BATS''), Boston Stock Exchange, Inc. (``BSE''), Chicago Board
Options Exchange, Inc. (``CBOE''), Chicago Stock Exchange, Inc.
(``CHX''), Financial Industry Regulatory Authority, Inc. (``FINRA''),
International Securities Exchange, LLC (``ISE''), The NASDAQ Stock
Market, LLC (``NASDAQ''), National Stock Exchange, Inc. (``NSX''), New
York Stock Exchange LLC (``NYSE''), NYSE Arca Inc. (``NYSE Arca''),
NYSE Regulation, Inc. (acting under authority delegated to it by NYSE)
(``NYSE Regulation''), and Philadelphia Stock Exchange, Inc. (``Phlx'')
(collectively, ``Participating Organizations'' or ``Parties'')
concerning the surveillance, investigation, and enforcement of insider
trading rules.
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    \1\ 15 U.S.C. 78q(d).
    \2\ 17 CFR 240.17d-2.
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I. Introduction

    Section 19(g)(1) of the Act,\3 \among other things, requires every
self-regulatory organization (``SRO'') registered as either a national
securities exchange or national securities association to examine for,
and enforce compliance by, its members and persons associated with its
members with the Act, the rules and regulations thereunder, and the
SRO's own rules, unless the SRO is relieved of this responsibility
pursuant to Section 17(d) \4\ or Section 19(g)(2) \5\ of the Act.
Without this relief, the statutory obligation of each individual SRO
could result in a pattern of multiple examinations of broker-dealers
that maintain memberships in more than one SRO (``common members'').
Such regulatory duplication would add unnecessary expenses for common
members and their SROs.
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    \3\ 15 U.S.C. 78s(g)(1).
    \4\ 15 U.S.C. 78q(d).
    \5\ 15 U.S.C. 78s(g)(2).
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    Section 17(d)(1) of the Act \6\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\7\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
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    \6\ 15 U.S.C. 78q(d)(1).
    \7\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
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    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\8\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules. \9\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility to examine the firm for compliance with the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with financial
responsibility requirements. Rule 17d-1 does not relieve an SRO from
its obligation to examine a common member for compliance with its own
rules and provisions of the federal securities laws governing matters
other than financial responsibility, including sales practices and
trading activities and practices.
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    \8\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \9\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
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    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\10\ Rule 17d-2 permits
SROs to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for notice and comment, it determines that the plan is
necessary or appropriate in the public interest and for the protection
of investors, to foster cooperation and coordination among the SROs, to
remove impediments to, and foster the development of, a national market
system and a national clearance and settlement system, and is in
conformity with the factors set forth in Section 17(d) of the Act.
Commission approval of a plan filed pursuant to Rule 17d-2 relieves an
SRO of those regulatory responsibilities allocated by the plan to
another SRO.
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    \10\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
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II. The Plan

    On September 12, 2008, the Commission declared effective the
Participating Organizations' Plan for allocating regulatory
responsibilities pursuant to Rule 17d-2.\11\ The Plan is designed to
eliminate regulatory duplication by allocating regulatory
responsibility over Common NYSE Members \12\ or Common FINRA
Members,\13\ as applicable, (collectively,

``Common Members'') for the surveillance, investigation, and
enforcement of common insider trading rules (``Common Rules'').\14\ The
Plan assigns regulatory responsibility over Common NYSE Members to NYSE
Regulation for surveillance, investigation, and enforcement of insider
trading by broker-dealers, and their associated persons, with respect
to NYSE-listed stocks and NYSE Arca-listed stocks, irrespective of the
marketplace(s) maintained by the Participating Organizations on which
the relevant trading may occur. The Plan assigns regulatory
responsibility over Common FINRA Members to FINRA for surveillance,
investigation, and enforcement of insider trading by broker-dealers,
and their associated persons, with respect to NASDAQ-listed stocks and
Amex-listed stocks, as well as any CHX solely-listed stock,
irrespective of the marketplace(s) maintained by the Participating
Organizations on which the relevant trading may occur.
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    \11\ See Securities Exchange Act Release No. 58536 (September
12, 2008), 73 FR 54646 (September 22, 2008) (File No. 4-566).
    \12\ Common NYSE Members include members of the NYSE and at
least one of the Participating Organizations.
    \13\ Common FINRA Members are members of FINRA and at least one
of the Participating Organizations.
    \14\ Common Rules are defined as: (i) Federal securities laws
and rules promulgated by the Commission pertaining to insider
trading, and (ii) the rules of the Participating Organizations that
are related to insider trading. See Exhibit A to the Plan.
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III. Proposed Amendment to the Plan

    On October 16, 2008, the Participating Organizations submitted a
proposed amendment to the Plan. The purpose of the amendment is to: (1)
Add BATS as a participant to the Plan; (2) substitute CBOE as a
participant for CBOE Stock Exchange, LLC; (3) clarify that CBOE's
allocation of regulatory responsibilities under the Plan is limited to
the activities of the CBOE Stock Exchange, LLC, a facility of CBOE; (4)
clarify that ISE's allocation of regulatory responsibilities under the
Plan is limited to the activities of the ISE Stock Exchange, LLC, a
facility of ISE; and (5) add language to facilitate the addition of new
SROs to the Plan where such new SROs do not assume regulatory
responsibilities under the Plan. The amended agreement replaces the
previous agreement in its entirety. The text of the proposed amendments
to the Plan is as follows (additions are italicized; deletions are
[bracketed]):
* * * * *

Agreement for the Allocation of Regulatory Responsibility of
Surveillance, Investigation and Enforcement for Insider Trading
pursuant to Sec.  17(d) of the Securities Exchange Act of 1934, 15
U.S.C. 78q (d), and Rule 17d-2 Thereunder

    This agreement (the ``Agreement'') by and among the American Stock
Exchange LLC (``Amex''), BATS Exchange, Inc. (``BATS''), Boston Stock
Exchange, Inc., [CBOE Stock Exchange, LLC] Chicago Board Options
Exchange, Inc. (``CBOE'') [dagger]\1\, Chicago Stock Exchange, Inc.
(``CHX''), Financial Industry Regulatory Authority, Inc. (``FINRA''),
International Securities Exchange, LLC (``ISE'') [dagger]\2\, The
NASDAQ Stock Market LLC (``NASDAQ''), National Stock Exchange, Inc.,
New York Stock Exchange, LLC (``NYSE''), NYSE Arca Inc. (``NYSE
Arca''), NYSE Regulation, Inc. (pursuant to delegated authority)
(``NYSE Regulation''), and Philadelphia Stock Exchange, Inc. (together,
the ``Participating Organizations''), is made pursuant to Sec.  17(d)
of the Securities Exchange Act of 1934 (the ``Act''), 15 U.S.C. Sec.
78q(d), and Securities and Exchange Commission (``SEC'') Rule 17d-2,
which allow for plans to allocate regulatory responsibility among self-
regulatory organizations (``SROs''). Upon approval by the SEC, this
Agreement shall amend and restate the agreement among the Participating
Organizations (except BATS and CBOE, the latter of which replaces CBOE
Stock Exchange, LLC) approved by the SEC on September 12, 2008.
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    [dagger]\1\ CBOE's allocation of certain regulatory
responsibilities to NYSE/FINRA under this Agreement is limited to
the activities of the CBOE Stock Exchange, LLC, a facility of CBOE.
    [dagger]\2\ ISE's allocation of certain regulatory
responsibilities to NYSE/FINRA under this Agreement is limited to
the activities of the ISE Stock Exchange, LLC, a facility of ISE.
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* * * * *
    27. Amendment.
    a. This Agreement may be amended [by any writing duly]to add a new
Participating Organization, provided that such Participating
Organization does not assume regulatory responsibility, solely by an
amendment executed by NYSE Regulation, FINRA and such new Participating
Organization. All other Participating Organizations expressly consent
to allow NYSE Regulation and FINRA to jointly add new Participating
Organizations to the Agreement as provided above. NYSE Regulation and
FINRA will promptly notify all Participating Organizations of any such
amendments to add a new Participating Organization.
    b. All other amendments must be made approved by each Participating
Organization. [The addition of]All amendments, including adding a new
Participating Organization[ to the Agreement will require an amendment.
All such amendments], must be filed with and approved by the Commission
before they become effective.
* * * * *

EXHIBIT A: COMMON INSIDER TRADING RULES

* * * * *
BATS Rule 3.1 Business Conduct of ETP Holders
BATS Rule 3.2. Violations Prohibited
BATS Rule 3.3. Use of Fraudulent Devices
BATS Rule 4.1 Requirements
BATS Rule 5.1. Written Procedures
BATS Rule 5.3 Records
BATS Rule 5.5 Chinese Wall Procedures
BATS Rule 12.4 Manipulative Transactions
* * * * *

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/other.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number 4-566 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, Station Place, 100 F Street, NE., Washington,
DC 20549-1090.
    All submissions should refer to File Number 4-566. This file number
should be included on the subject line if e-mail 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/other.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed plan that are filed with the
Commission, and all written communications relating to the proposed
plan 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 inspection and copying in the
Commission's Public Reference Room, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of the plan also will be
available for inspection and copying at the principal offices of Amex,
BATS, BSE, CBOE, CHX, FINRA, ISE, NASDAQ, NSX, NYSE, NYSE Arca, NYSE
Regulation, and Phlx. 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 4-566 and should be submitted on or before
November 13, 2008.

V. Discussion

    The Commission finds that the Plan, as proposed to be amended, is
consistent with the factors set forth in Section 17(d) of the Act \15\
and Rule 17d-2 thereunder \16\ in that it is necessary or appropriate
in the public interest and for the protection of investors, fosters
cooperation and coordination among SROs, and removes impediments to and
fosters the development of the national market system. The Commission
continues to believe that the Plan, as proposed to be amended, should
reduce unnecessary regulatory duplication by allocating regulatory
responsibility for the surveillance, investigation, and enforcement of
Common Rules over Common NYSE Members, with respect to NYSE-listed
stocks and NYSE Arca-listed stocks, to NYSE and over Common FINRA
Members, with respect to NASDAQ-listed stocks, Amex-listed stocks, and
any CHX solely-listed stock, to FINRA. Accordingly, the proposed Plan
promotes efficiency by consolidating these regulatory functions in a
single SRO based on the listing market for a stock, with regard to
Common NYSE Members and Common FINRA Members.
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    \15\ 15 U.S.C. 78q(d).
    \16\ 17 CFR 240.17d-2.
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    Under paragraph (c) of Rule 17d-2, the Commission may, after
appropriate notice and comment, declare a plan, or any part of a plan,
effective. In this instance, the Commission believes that appropriate
notice and comment can take place after the proposed amendment is
effective. The primary purpose of the amendment is to add BATS as a
participant to the Plan. By approving the amendment today, BATS can be
included in the Plan prior to beginning operations as a national
securities exchange.\17\ In addition, the amendment would facilitate
the process of adding new participants to the Plan in the future. This
amendment also makes technical changes to the Plan to clarify that
CBOE's allocation of regulatory responsibilities under the Plan is
limited to the activities of the CBOE Stock Exchange, LLC, a facility
of CBOE, CBOE is a participant to the Plan instead of CBOE Stock
Exchange, LLC, and ISE's allocation of regulatory responsibilities
under the Plan is limited to the activities of the ISE Stock Exchange,
LLC, a facility of ISE. By declaring it effective today, the amended
Plan can become effective and be implemented without undue delay. In
addition, the Commission notes that the prior version of this Plan was
published for comment, and the Commission did not receive any comments
thereon.\18\ Finally, the Commission does not believe that the
amendment to the Plan raises any new regulatory issues that the
Commission has not previously considered.
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    \17\ See Securities Exchange Act Release No. 58375 (August 18,
2008), 73 FR 49498 (August.)
    \18\ See supra note 11.
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VI. Conclusion

    This order gives effect to the amended Plan submitted to the
Commission that is contained in File No. 4-566.
    It is therefore ordered, pursuant to Section 17(d) of the Act,\19\
that the Plan, as amended, made by and among Amex, BATS, BSE, CBOE,
CHX, FINRA, ISE, NASDAQ, NSX, NYSE, NYSE Arca, NYSE Regulation, and
Phlx filed with the Commission pursuant to Rule 17d-2 on October 16,
2008 is hereby approved and declared effective.
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    \19\ 15 U.S.C. 78q(d).
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    It is further ordered that the Participating Organizations are
relieved of those regulatory responsibilities allocated to NYSE and
FINRA under the Plan in File No. 4-566.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
J. Lynn Taylor,
Assistant Secretary.
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    \20\ 17 CFR 200.30-3(a)(34).
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[FR Doc. E8-25240 Filed 10-22-08; 8:45 am]

BILLING CODE 8011-01-P


From:
Hardin, Christopher W<EMAIL_ADDRESS>Sent:
Wednesday, August 3, 2022 12:49 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>'French, Chuck'<EMAIL_ADDRESS>Coke ICR2<EMAIL_ADDRESS>Cc:
Jeffrey, Mark A<EMAIL_ADDRESS>Hacker, David W<EMAIL_ADDRESS>Dzurinko, Mike G<EMAIL_ADDRESS>Tunno, Brett J<EMAIL_ADDRESS>Subject:
U. S, Steel Concerns Regarding EPA's June 28, 2022 Coke Ovens Section 114 Information Collection Requests (ICRs)

Dear Mr. French and Dr. Jones:

Please see attached U. S. Steel's comments and concerns with the ICRs from EPA related to the Pushing, Quenching, and Battery Stacks (PQBS) 40 CFR Part 63 Subpart CCCCC Risk and Technology Review (RTR) and the technology review for Coke Batteries under 40 CFR Part 63 Subpart L that includes testing, interior and fenceline monitoring, and other information collection activities related to potential new regulations for coke byproduct recovery plants (CBRP).

U. S. Steel, in coordination with the COETF, engaged Trinity Consultants (Trinity) to assist us in assessing concerns with the ICRs.  Trinity has identified a number of safety, technical and schedule concerns with the proposed ICR testing requirements and other information collection activities.  U. S. Steel and the COETF requests that EPA make a number of changes to the ICRs as detailed in the attachment.

Thank you for your consideration and please feel free to reach out with any questions.

Chris

Christopher W. Hardin
Environmental Affairs
United States Steel Corporation
Office:<PHONE_NUMBER>
Cell:<PHONE_NUMBER>
Fax:<PHONE_NUMBER>
Email<EMAIL_ADDRESS>

<< U. S. Steel ICR Concerns- 8-3-2022.pdf >>


[Federal Register: May 25, 2010 (Volume 75, Number 100)]
[Notices]
[Page 29384-29385]
[DOCID:fr25my10-107]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0143]

Motor Carrier Safety Advisory Committee Public Meeting

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of Motor Carrier Safety Advisory Committee meeting.

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SUMMARY: FMCSA announces that its Motor Carrier Safety Advisory
Committee (MCSAC) will hold a three-day committee meeting concerning
distracted driving by commercial motor vehicle (CMV) operators, from
June 8 through June 10, 2010. This meeting is open to the public.

DATES: Meeting dates: The meeting will be held on the following dates:
Tuesday, June 8, from 8:30 a.m. to 5 p.m.; Wednesday, June 9, from 8:30
a.m. to 4:30 p.m.; and Thursday, June 10, 2010, from 8:30 a.m. to 3:30
p.m., Eastern Standard Time.
    Location: Hilton Alexandria Old Town, Washington and Jefferson
Rooms, 2nd Floor, 1767 King Street, Alexandria, VA 22314 (located
across the street from the King Street Metrorail Station).
    Subject: FMCSA will request that MCSAC provide information,
concepts, and ideas on ways to prevent distracted driving by commercial
motor vehicle operators, with a particular emphasis on in-cab
technologies and activities. This task will assist FMCSA in identifying
options for addressing driver distraction associated with certain in-
cab technologies. This activity is separate from FMCSA's current
rulemaking concerning texting and the Agency's forthcoming rulemaking
concerning the use of wireless telephones. In addition, FMCSA will seek
information, and ideas for consideration in updating the Agency's
Strategic Plan.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior
Management Analyst, Strategic Planning and Program Evaluation Division,
Office of Policy Plans and Regulation, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590,<PHONE_NUMBER>, or e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 4144 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L.
109-59, 119 Stat. 1144, August 10, 2005) required the Secretary of
Transportation to establish a Motor Carrier Safety Advisory Committee.
The committee provides advice and recommendations to the FMCSA
Administrator on motor carrier safety programs and regulations and
operates in accordance with the Federal Advisory Committee Act (5
U.S.C. App 2).

II. Meeting Participation

    Comments from the public will be heard orally during the last hour
of each day's meeting. To be assured of timely consideration,
interested parties may submit written comments on the subject topic by
Wednesday, June 2, 2010, to the Federal Docket Management System (FDMS)
in Docket Number FMCSA-2010-0143 using any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Room WI2-
140, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey

Avenue, SE., Room WI2-140, Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

    Issued on: May 19, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-12616 Filed 5-24-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: February 16, 2006 (Volume 71, Number 32)]
[Notices]
[Page 8290-8291]
[DOCID:fr16fe06-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-210-000]

Columbia Gulf Transmission Company; Notice of Proposed Changes in
FERC Gas Tariff

February 9, 2006.
    Take notice that on February 3, 2006, Columbia Gulf Transmission
Company (Columbia Gulf) tendered for filing as part of its FERC Gas
Tariff, Second Revised Volume No. 1, Fourth Revised Sheet No. 220, with
a proposed effective date of March 5, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call

(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-2250 Filed 2-15-06; 8:45 am]

BILLING CODE 6717-01-P