[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Rules and Regulations]
[Pages 18126-18129]
[FR Doc No: 2020-06583]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0294; FRL-10007-17-Region 4]

Air Plan Approval; Tennessee: Chattanooga NSR Reform

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of revisions to the Tennessee State Implementation Plan (SIP)
submitted through two letters dated June 25, 2008, and September 12,
2018. The SIP revisions were submitted by the Tennessee Department of
Environment and Conservation (TDEC) on behalf of the Chattanooga/
Hamilton County Air Pollution Control Bureau and modify the Prevention
of Significant Deterioration (PSD) regulations in the Chattanooga
portion of the Tennessee SIP to address changes to the federal new
source review (NSR) regulations in recent years for the implementation
of the national ambient air quality standards (NAAQS). Additionally,
the SIP revisions include updates to Chattanooga's regulations of
nitrogen oxides (NOX) and other miscellaneous typographical
and administrative updates. This action is being taken pursuant to the
Clean Air Act (CAA or Act).

DATES: This rule is effective May 1, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0294. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. This Action

    EPA is taking final action to approve changes to the Chattanooga-
Hamilton County portion of the Tennessee SIP regarding PSD permitting,
as well as updates to the regulations of NOX and other
miscellaneous typographical and administrative updates, submitted by
TDEC on behalf of the Chattanooga/Hamilton County Air Pollution Control
Bureau (Bureau) through two letters dated June 25, 2008, and September
12, 2018.1 2 3 EPA is finalizing approval of portions of
these SIP revisions that make changes to the Chattanooga City Code,
Part II, Chapter 4, Article II, Section 4-41. Specifically, EPA is
approving changes in Section 4-41, which include updates to Rule 2--
Regulation of Nitrogen Oxides; Rule 9--Regulation of Visible Emissions
from Internal Combustion Engines, and Rule 18--Prevention of
Significant Deterioration of Air Quality.4 5 6 7
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    \1\ EPA received the SIP revisions on July 8, 2008, and
September 18, 2018, respectively.
    \2\ The Bureau is comprised of Hamilton County and the
municipalities of Chattanooga, Collegedale, East Ridge, Lakesite,
Lookout Mountain, Red Bank, Ridgeside, Signal Mountain, Soddy Daisy,
and Walden. The Bureau recommends regulatory revisions, which are
subsequently adopted by the eleven jurisdictions. The Bureau then
implements and enforces the regulations, as necessary, in each
jurisdiction.
    \3\ On January 16, 2020, TDEC submitted, on behalf of the
Bureau, a letter dated January 15, 2020, providing supplemental
information for the September 12, 2018, submittal. This letter is
discussed in the proposed action (85 FR 7986) and is available in
the Docket.
    \4\ The list of SIP-approved rules for Chattanooga/Hamilton
County, found at Table 4 of 40 CFR 52.2220(c), currently shows the
title of Section 4-41, Rule 18 as ``Prevention of Significant Air
Quality Deterioration.'' In this final rule, EPA is approving a
change to this title to instead show ``Prevention of Significant
Deterioration of Air Quality.''
    \5\ In this final action, EPA is also approving substantively
identical changes from Chattanooga's Section 4-41, Rule 18, in the
following sections of the Air Pollution Control Regulations/
Ordinances for the remaining jurisdictions within the Bureau, which
were locally effective as of the relevant dates below: Hamilton
County--Section 41, Rule 18 (9/6/17); City of Collegedale--Section
14-341, Rule 18 (10/16/17); City of East Ridge--Section 8-41, Rule
18 (10/12/17); City of Lakesite--Section 14-41, Rule 18 (11/2/17);
City of Red Bank--Section 20-41, Rule 18 (11/21/17); City of Soddy-
Daisy--Section 8-41, Rule 18 (10/5/17); City of Lookout Mountain--
Section 41, Rule 18 (11/14/17); City of Ridgeside Section 41, Rule
18 (1/16/18); City of Signal Mountain Section 41, Rule 18 (10/20/
17); and Town of Walden Section 41, Rule 18 (10/16/17). However,
changes to Chattanooga's Section 4-41, Rule 2 and Rule 9, only apply
to the City of Chattanooga (12/12/07); Hamilton County--Section 8-
541, Rules 2 and 9 (11/7/07); and City of Collegedale--Section 8-
541, Rules 2 and 9 (1/22/08); therefore, EPA is not approving any
corresponding Regulations/Ordinances for the remaining
municipalities.
    \6\ In the February 11, 2020, NPRM (85 FR 7686), EPA
inadvertently misidentified the section numbers for: (1) Hamilton
County's Rules 2 and 9, as Section 41; and (2) the City of
Collegedale's Rules 2 and 9, as Section 14-341. The correct section
number for both municipalities is Section 8-541.
    \7\ Because the air pollution control regulations/ordinances
adopted by the jurisdictions within the Bureau are substantively
identical, EPA refers solely to Chattanooga and the Chattanooga
rules throughout the notice as representative of the other
jurisdictions for brevity and simplicity.
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    Aside from making typographical and administrative corrections to
some of the rules, these SIP revisions are meant to address changes to
the federal NSR regulations, as promulgated by EPA in various rules and
as described in EPA's February 11, 2020, notice of proposed rulemaking
(NPRM). See 85 FR 7986. In the February 11, 2020, NPRM, EPA proposed to
approve the aforementioned changes to Section 4-41, Rule 2--Regulation
of Nitrogen Oxides, Rule 9--Regulation of Visible Emissions from
Internal Combustion Engines, and Rule 18--Prevention of Significant
Deterioration of Air Quality in the Chattanooga-Hamilton County portion
of the Tennessee SIP. The February 11, 2020, NPRM provides additional
details regarding EPA's action. Comments on the February 11, 2020, NPRM
were due on or before March 12, 2020. EPA received no adverse comments
on the proposed action.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Chattanooga
City Code, Part II, Chapter 4, Section 4-41, Rule 2--Regulation of
Nitrogen Oxides; and Rule 9--Regulation of Visible Emissions from
Internal Combustion Engines, both locally effective December 12, 2007;
as well as Rule 18--Prevention of Significant Deterioration of Air
Quality, locally effective October 3, 2017.8 9 The revisions
are designed to address changes to the Federal NSR regulations in
recent years for the implementation of the NAAQS and updates to
Chattanooga's regulations of NOX and other miscellaneous
typographical and administrative updates. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the State implementation plan,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP
compilation.\10\
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    \8\ EPA's approval also includes regulations/ordinances
submitted for the other ten jurisdictions within the Bureau. See
supra notes 2 and 5.
    \9\ In the February 11, 2020, NPRM (85 FR 7986), EPA
inadvertently misidentified the locally effective dates for: (1)
Chattanooga's Section 4-41, Rule 18, as January 23, 2017; and (2)
the City of Lakesite's Section 14-41, Rule 18, as October 17, 2017.
The correct dates are October 3, 2017, and November 2, 2017,
respectively.
    \10\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action to approve changes to Chattanooga's June
25, 2008, and September 12, 2018, SIP submittals, meant to address
changes to the federal NSR regulations, as well as making typographical
and administrative updates. Specifically, EPA is finalizing approval of
changes to Chattanooga City Code, Part II, Chapter 4, Section 4-41,
which include updates to Rule 2--

Regulation of Nitrogen Oxides; Rule 9--Regulation of Visible Emissions
from Internal Combustion Engines, and Rule 18--Prevention of
Significant Deterioration of Air Quality. EPA is approving changes into
the Chattanooga portion of the Tennessee SIP because the changes are
consistent with section 110 of the CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. These actions merely
approve state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
     Are not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. These actions are not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 1, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. These actions may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 17, 2020.
Mary S. Walker,
Regional Administrator, Region 4.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart RR--Tennessee

0
2. In Sec.  52.2220, paragraph (c), amend table 4 by revising the
entries for ``Section 4-41, Rule 2,'' ``Section 4-41, Rule 9,'' and
``Section 4-41, Rule 18,'' under the heading ``Article II. Section 4-41
Rules, Regulations, Criteria, Standards'' to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                  Table 4--EPA-Approved Chattanooga Regulations
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                                                       Adoption
        State section              Title/subject         date       EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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                        Article II. Section 4-41 Rules, Regulations, Criteria, Standards
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 4-41 Rule 2..........  Regulation of            12/12/07  April 1, 2020,        EPA's approval includes
                                Nitrogen Oxides.                   [Insert citation of   the corresponding
                                                                   publication].         sections of the Air
                                                                                Pollution Control
                                                                                Regulations/Ordinances
                                                                                for the following
                                                                                jurisdictions within
                                                                                the Chattanooga-
                                                                                Hamilton County Air
                                                                                Pollution Control
                                                                                Bureau, which were
                                                                                locally effective as of
                                                                                the relevant dates
                                                                                below: Hamilton County--
                                                                                Section 8-541, Rule 2
                                                                                (11/7/07); and City of
                                                                                Collegedale--Section 8-
                                                                                541, Rule 2 (1/22/08).

                                                  * * * * * * *
Section 4-41 Rule 9..........  Regulation of            12/12/07  April 1, 2020,        EPA's approval includes
                                Visible Emissions                  [Insert citation of   the corresponding
                                from Internal                      publication].         sections of the Air
                                Combustion Engines.                                      Pollution Control
                                                                                Regulations/Ordinances
                                                                                for the following
                                                                                jurisdictions within
                                                                                the Chattanooga-
                                                                                Hamilton County Air
                                                                                Pollution Control
                                                                                Bureau, which were
                                                                                locally effective as of
                                                                                the relevant dates
                                                                                below: Hamilton County--
                                                                                Section 8-541, Rule 9
                                                                                (11/7/07); and City of
                                                                                Collegedale--Section 8-
                                                                                541, Rule 9 (1/22/08).

                                                  * * * * * * *
Section 4-41 Rule 18.........  Prevention of             10/3/17  April 1, 2020,        EPA's approval includes
                                Significant                        [Insert citation of   the corresponding
                                Deterioration of                   publication].         sections of the Air
                                Air Quality.                                             Pollution Control
                                                                                Regulations/Ordinances
                                                                                for the remaining
                                                                                jurisdictions within
                                                                                the Chattanooga-
                                                                                Hamilton County Air
                                                                                Pollution Control
                                                                                Bureau, which were
                                                                                locally effective as of
                                                                                the relevant dates
                                                                                below: Hamilton County--
                                                                                Section 41, Rule 18 (9/
                                                                                6/17); City of
                                                                                Collegedale--Section 14-
                                                                                341, Rule 18 (10/16/
                                                                                17); City of East
                                                                                Ridge--Section 8-41,
                                                                                Rule 18 (10/12/17);
                                                                                City of Lakesite--
                                                                                Section 14-41, Rule 18
                                                                                (11/2/17); City of Red
                                                                                Bank--Section 20-41,
                                                                                Rule 18 (11/21/17);
                                                                                City of Soddy-Daisy--
                                                                                Section 8-41, Rule 18
                                                                                (10/5/17); City of
                                                                                Lookout Mountain--
                                                                                Section 41, Rule 18 (11/
                                                                                14/17); City of
                                                                                Ridgeside Section 41,
                                                                                Rule 18 (1/16/18); City
                                                                                of Signal Mountain
                                                                                Section 41, Rule 18 (10/
                                                                                20/17); and Town of
                                                                                Walden Section 41, Rule
                                                                                18 (10/16/17).

                                                  * * * * * * *
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* * * * *
[FR Doc. 2020-06583 Filed 3-31-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Notices]
[Pages 67864-67865]
[FR Doc No: 2023-21655]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2023-0002-N-29]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the Information
Collection Request (ICR) summarized below. Before submitting this ICR
to the Office of Management and Budget (OMB) for approval, FRA is
soliciting public comment on specific aspects of the activities
identified in the ICR.

DATES: Interested persons are invited to submit comments on or before
December 1, 2023.

ADDRESSES: Written comments and recommendations for the proposed ICR
should be submitted on regulations.gov to the docket, Docket No. FRA-
2023-0002. All comments received will be posted without change to the
docket, including any personal information provided. Please refer to
the assigned OMB control number (2130-0565) in any correspondence
submitted. FRA will summarize comments received in response to this
notice in a subsequent notice, made available to the public, and
include them in its information collection submission to OMB for
approval.

FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER> or Ms. Joanne Swafford, Information
Collection Clearance Officer, at email: [email protected] or
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICR
regarding: (1) whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities will have practical utility; (2) the accuracy of FRA's
estimates of the burden of the information collection activities,
including the validity of the methodology and assumptions used to
determine the estimates; (3) ways for FRA to enhance the quality,
utility, and clarity of the information being collected; and (4) ways
for FRA to minimize the burden of information collection activities on
the public, including the use of automated collection techniques or
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations mandate. In summary, comments
received will advance three objectives: (1) reduce reporting burdens;
(2) organize information collection requirements in a ``user-friendly''
format to improve the use of such information; and (3) accurately
assess the resources expended to retrieve and produce information
requested. See 44 U.S.C. 3501.
    The summary below describes the ICR that FRA will submit for OMB
clearance as the PRA requires:
    Title: Safety Appliance Concern Recommendation Report, Safety
Appliance Standards Guidance Checklist Forms.
    OMB Control Number: 2130-0565.
    Abstract: Title 49 Code of Federal Regulations (CFR) part 231,
Railroad Safety Appliance Standards, was supplemented and expanded in
2013 to include the industry standard established by the Association of
American Railroads (AAR), Standard 2044 or S-2044, which prescribed
safety appliance arrangements for 11 new types of cars. As a result of
the inclusion, FRA developed Forms FRA F6180.161(a)-(k) as guidance
checklist forms to facilitate railroad, rail car owner, and rail
equipment manufacturer compliance with S-2044 and 49 CFR part 231. AAR
has since updated S-2044 to include seven new types of cars.
    In this 60-day notice, FRA made no adjustments to the previously
approved burden hours and responses in the OMB, Office of Information
and Regulatory Affairs (OIRA) inventory.\1\
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    \1\ Changes to the total cost equivalent in U.S. dollars, a
category not included in the OIRA inventory, are due to updated
statistics from the Department of Labor (DOL), Bureau of Labor
Statistics (BLS), Occupational Employment Statistics.
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    Type of Request: Extension without change of a currently approved
collection.
    Affected Public: Businesses.
    Form(s): 18 forms (FRA F 6180.161(a)-(r)).
    Respondent Universe: Car manufacturers/State inspectors.
    Frequency of Submission: On occasion.
    Reporting Burden:

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                                                                                Total cost
             CFR part 231                 Respondent universe       Total annual responses    Average time per  response   Total annual    equivalent in
                                                                           (forms)                      (hour)             burden hours     U.S. dollar
                                                                             (A)                          (B)               (C = A * B)      (D = C *
                                                                                wage rates)
                                                                                \2\
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Form FRA F 6180.161a.................  Car manufacturers/State   20.........................  1.........................           20.00       $1,839.60
                                        inspectors.
Form FRA F 6180.161b.................  Car manufacturers/State   7..........................  1.........................            7.00          643.86
                                        inspectors.
Form FRA F 6180.161c.................  Car manufacturers/State   15.........................  1.........................           15.00        1,379.80
                                        inspectors.
Form FRA F 6180.161d.................  Car manufacturers/State   15.........................  1.........................           15.00        1,379.80
                                        inspectors.
Form FRA F 6180.161e.................  Car manufacturers/State   15.........................  1.........................           15.00        1,379.80
                                        inspectors.
Form FRA F 6180.161f.................  Car manufacturers/State   10.........................  1.........................           10.00          919.80
                                        inspectors.
Form FRA F 6180.161g.................  Car manufacturers/State   3..........................  1.........................            3.00          275.94
                                        inspectors.
                                                                ----------------------------------------------------------------------------------------
Form FRA F 6180.161h.................  Car manufacturers/State   3..........................  1.........................            3.00          275.94
                                        inspectors.
Form FRA F 6180.161i.................  Car manufacturers/State   20.........................  1.........................           20.00        1,839.60
                                        inspectors.
Form FRA F 6180.161j.................  Car manufacturers/State   3..........................  1.........................            3.00          275.94
                                        inspectors.
Form FRA F 6180.161k.................  Car manufacturers/State   10.........................  1.........................           10.00          919.80
                                        inspectors.
Form FRA F 6180.161l.................  Car manufacturers/State   3..........................  1.........................            3.00          275.94
                                        inspectors.
Form FRA F 6180.161m.................  Car manufacturers/State   3..........................  1.........................            3.00          275.94
                                        inspectors.
Form FRA F 6180.161n.................  Car manufacturers/State   3..........................  1.........................            3.00          275.94
                                        inspectors.
Form FRA F 6180.161o.................  Car manufacturers/State   3..........................  1.........................            3.00          275.94
                                        inspectors.

Form FRA F 6180.161p.................  Car manufacturers/State   3..........................  1.........................            3.00          275.94
                                        inspectors.
Form FRA F 6180.161q.................  Car manufacturers/State   3..........................  1.........................            3.00          275.94
                                        inspectors.
Form FRA F 6180.161r.................  Car manufacturers/State   3..........................  1.........................            3.00          275.94
                                        inspectors.
                                      ------------------------------------------------------------------------------------------------------------------
    Total \3\........................  Car manufacturers/State   142 responses..............  N/A.......................             142          13,061
                                        inspectors.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 142.
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    \2\ The dollar equivalent cost is derived from the DOL, BLS,
Occupational Employment Statistics (OES) 11-3012, May 2022 National
Industry-Specific Occupational Employment and Wage Estimates NAICS
999200--Local Government, excluding schools and hospitals (OEWS
Designation) hourly wage rate of $52.56. The total burdened wage
rate (Straight time plus 75%) used in the table is $91.98 ($52.56 x
1.75 = $91.98).
    \3\ Totals may not add up due to rounding.
---------------------------------------------------------------------------

    Total Estimated Annual Burden: 142 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $13,061.
    FRA informs all interested parties that it may not conduct or
sponsor, and a respondent is not required to respond to, a collection
of information that does not display a currently valid OMB control
number.
    Authority: 44 U.S.C. 3501-3520.

Christopher S. Van Nostrand,
Acting Deputy Chief Counsel.
[FR Doc. 2023-21655 Filed 9-29-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 84, Number 80 (Thursday, April 25, 2019)]
[Notices]
[Pages 17413-17414]
[FR Doc No: 2019-08349]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-0762]

Extending Expiration Dates of Doxycycline Tablets and Capsules in
Strategic Stockpiles; Guidance for Government Public Health and
Emergency Response Stakeholders; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance for government public health and
emergency response stakeholders entitled ``Extending Expiration Dates
of Doxycycline Tablets and Capsules in Strategic Stockpiles.'' This
document provides guidance to government stakeholders on testing to
extend the expiration date--under the Federal Food, Drug, and Cosmetic
Act (FD&C Act)--of stockpiled doxycycline tablets and capsules for
public health emergency preparedness and response purposes for an
anthrax emergency. This guidance has been prepared in response to
requests from States asking FDA what would be necessary to provide
confidence that stockpiled doxycycline tablets and capsules have
retained their original quality beyond the manufacturer's labeled
expiration date so the replacement of stockpiled product could be
deferred. This guidance and any resulting expiration date extensions
authorized by FDA do not apply to doxycycline available commercially or
otherwise held for any other nonemergency purpose. This guidance
finalizes the draft guidance issued in April 2017.

DATES: The announcement of the guidance is published in the Federal
Register on April 25, 2019.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-D-0762 for ``Extending Expiration Dates of Doxycycline Tablets
and Capsules in Strategic Stockpiles.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the
Division

of Drug Information, Center for Drug Evaluation and Research, Food and
Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th
Floor, Silver Spring, MD 20993-0002. Send one self-addressed adhesive
label to assist that office in processing your requests. See the
SUPPLEMENTARY INFORMATION section for electronic access to the guidance
document.

FOR FURTHER INFORMATION CONTACT: Frederick Ensor, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 6652, Silver Spring, MD 20993-0002, 240-
402-2733.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for government
public health and emergency response stakeholders entitled ``Extending
Expiration Dates of Doxycycline Tablets and Capsules in Strategic
Stockpiles.'' A number of government public health and emergency
response stakeholders maintain stockpiles of doxycycline tablets or
capsules for post-exposure prophylaxis (PEP) or treatment of
inhalational anthrax in the event of an anthrax emergency. States have
asked FDA what would be necessary to provide confidence that stockpiled
doxycycline tablets and capsules have retained their original quality
(i.e., purity and potency) beyond the manufacturer's labeled expiration
date so the replacement of stockpiled product could be deferred. This
document provides guidance to government stakeholders on testing to
extend the expiration date--under section 564A(b) of the FD&C Act (21
U.S.C. 360bbb-3a(b))--of stockpiled doxycycline tablets and capsules
for public health emergency preparedness and response purposes for an
anthrax emergency.
    This guidance applies to both doxycycline monohydrate and
doxycycline hyclate tablets and capsules equivalent to 50 milligrams
(mg) and 100 mg of doxycycline that are indicated for PEP or treatment
of inhalational anthrax. Where doxycycline is mentioned throughout this
guidance, it is meant to include both the hyclate and monohydrate forms
of the drug that are indicated for PEP or treatment of inhalational
anthrax.
    This guidance finalizes the draft guidance issued in April 2017.
Those comments received on the draft guidance did not result in any
policy changes but in some instances did result in clarifying language
in the final guidance document.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on ``Extending Expiration Dates of Doxycycline
Tablets and Capsules in Strategic Stockpiles.'' It does not establish
any rights for any person and is not binding on FDA or the public. You
can use an alternative approach if it satisfies the requirements of the
applicable statutes and regulations. This guidance is not subject to
Executive Order 12866.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information that are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collection of information has been approved under OMB
control number 0910-0595.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
https://www.regulations.gov.

    Dated: April 22, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-08349 Filed 4-24-19; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: February 10, 2009 (Volume 74, Number 26)]
[Notices]
[Page 6641]
[DOCID:fr10fe09-84]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0664]

Food Labeling Workshop; Public Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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SUMMARY: The Food and Drug Administration (FDA), Office of Regulatory
Affairs, Southwest Regional Small Business Representative (SWR SBR)
Program, in collaboration with The University of Arkansas, is
announcing a public workshop entitled ``Food Labeling Workshop.'' This
public workshop is intended to provide information about FDA food
labeling regulations and other related subjects to the regulated
industry, particularly small businesses and startups.
    Date and Time: This public workshop will be held on April 21, 2009,
from 8 a.m. to 5 p.m., and on April 22, 2009, from 8 a.m. to 4 p.m.
    Location: The public workshop will be held at the Continuing
Education Center, Two East Center St., Fayetteville, AR (located
downtown).
    Contact: David Arvelo, Small Business Representative, Food and Drug
Administration, Southwest Regional Office, 4040 North Central
Expressway, suite 900, Dallas, TX 75204,<PHONE_NUMBER>, FAX: 214-253-
4970, or e-mail<EMAIL_ADDRESS>    For information on accommodation options, contact Steven C.
Seideman, 2650 North Young Ave., Institute of Food Science &
Engineering, University of Arkansas, Fayetteville, AR 72704, 479-575-
4221, FAX:<PHONE_NUMBER>, or e-mail<EMAIL_ADDRESS>    Registration: You are encouraged to register by April 10, 2009. The
University of Arkansas has a $250 registration fee to cover the cost of
facilities, materials, and breaks. Seats are limited; please submit
your registration as soon as possible. Course space will be filled in
order of receipt of registration. Those accepted into the course will
receive confirmation. Registration will close after the course is
filled. Registration at the site is not guaranteed but may be possible
on a space available basis on the day of the public workshop beginning
at 8 a.m. The cost of registration at the site is $350 payable to:
``The University of Arkansas.'' If you need special accommodations due
to a disability, please contact Steven C. Seideman (see Contact) at
least 14 days in advance.
    Registration Instructions: To register, please submit your name,
affiliation, mailing address, phone/fax number, and e-mail, along with
a check or money order for $250 payable to the ``The University of
Arkansas.'' Mail to: Institute of Food Science & Engineering,
University of Arkansas, 2650 North Young Ave., Fayetteville, AR 72704.
    Transcripts: Transcripts of the public workshop will not be
available due to the format of this workshop. Course handouts may be
requested at cost through the Freedom of Information Office (HFI-35),
Food and Drug Administration, 5600 Fishers Lane, rm. 6-30, Rockville,
MD 20857, approximately 15 working days after the public workshop at a
cost of 10 cents per page.

SUPPLEMENTARY INFORMATION: This public workshop is being held in
response to the large volume of food labeling inquiries from small food
manufacturers and startups originating from the area covered by the FDA
Dallas District Office. The SWR SBR presents these workshops to help
achieve objectives set forth in section 406 of the Food and Drug
Administration Modernization Act of 1997 (21 U.S.C. 393), which include
working closely with stakeholders and maximizing the availability and
clarity of information to stakeholders and the public. This is
consistent with the purposes of the SBR Program, which are in part to
respond to industry inquiries, develop educational materials, sponsor
workshops and conferences to provide firms, particularly small
businesses, with firsthand working knowledge of FDA's requirements and
compliance policies. This workshop is also consistent with the Small
Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-
121), as outreach activities by government agencies to small
businesses.
    The goal of this public workshop is to present information that
will enable manufacturers and regulated industry to better comply with
labeling requirements, especially in light of growing concerns about
obesity and food allergens. Information presented will be based on
agency position as articulated through regulation, compliance policy
guides, and information previously made available to the public. Topics
to be discussed at the workshop include: (1) Mandatory label elements,
(2) nutrition labeling requirements, (3) health and nutrition claims,
(4) the Food Allergen Labeling and Consumer Protection Act of 2004, and
(5) special labeling issues such as exemptions. FDA expects that
participation in this public workshop will provide regulated industry
with greater understanding of the regulatory and policy perspectives on
food labeling and increase voluntary compliance.

    Dated: January 26, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-2811 Filed 2-9-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Notices]
[Pages 82929-82933]
[FR Doc No: 2023-26092]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98997; File No. SR-BOX-2023-27]

Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing
of Proposed Rule Change To Amend the Short Term Option Series Program
in IM-5050-6

November 21, 2023.
    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 November 16, 2023, BOX Exchange LLC (``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 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 Substance
of the Proposed Rule Change

    The Exchange proposes to amend BOX IM-5050-6 (Short Term Option
Series Program). The text of the proposed rule change is available from
the principal office of the Exchange, at the Commission's Public
Reference Room and also on the Exchange's internet website at https://rules.boxexchange.com/rulefilings.

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 self-regulatory organization
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 self-regulatory organization 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 IM-5050-6 (Short Term Option Series
Program) to permit the listing of two Wednesday expirations for options
on United States Oil Fund, LP (``USO''), United States Natural Gas
Fund, LP (``UNG''), SPDR Gold Shares (``GLD''), iShares Silver Trust
(``SLV''), and iShares 20+ Year Treasury Bond ETF (``TLT'')
(collectively ``Exchange Traded Products'' or ``ETPs''). This is a
competitive filing that is based on a proposal recently submitted by
Nasdaq ISE, LLC (``Nasdaq ISE'') and approved by the Commission.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 98905 (November 13,
2023) (SR-ISE-2023-11) (Order Approving a Proposed Rule Change to
Amend the Short Term Option Series Program to Permit the Listing of
Two Wednesday Expirations for Options on Certain Exchange Traded
Products).
---------------------------------------------------------------------------

    Currently, as set forth in IM-5050-6, after an option class has
been approved for listing and trading on the Exchange as a Short Term
Option Series pursuant to BOX Rule 100(a)(66) \4\ the Exchange may open
for trading on any Thursday or Friday that is a business day (``Short
Term Option Opening Date'') series of options on that class that expire
at the close of business on each of the next five Fridays that are
business days and are not Fridays in which monthly options series or
Quarterly Options Series expire (``Friday Short Term Option Expiration
Dates''). The Exchange may have no more than a total of five Short Term
Option Expiration Dates. Further, if the Exchange is not open for
business on the respective Thursday or Friday, the Short Term Option
Opening Date for Short Term Option Weekly Expirations will be the first
business day immediately prior to that respective Thursday or Friday.
Similarly, if the Exchange is not open for business on a Friday, the
Short Term Option Expiration Date for Short Term Option Weekly
Expirations will be the first business day immediately prior to that
Friday.
---------------------------------------------------------------------------

    \4\ BOX Rule 100(a)(66) provides that a Short Term Options
Series means a series in an option class that is approved for
listing and trading on BOX in which the series is opened for trading
on any Monday, Tuesday, Wednesday, Thursday or Friday that is a
business day and that expires on the Monday, Tuesday, Wednesday,
Thursday, or Friday of the next business week, or, in the case of a
series that is listed on a Friday and expires on a Monday, is listed
one business week and one business day prior to that expiration. If
a Tuesday, Wednesday, Thursday or Friday is not a business day, the
series may be opened (or shall expire) on the first business day
immediately prior to that Tuesday, Wednesday, Thursday or Friday,
respectively. For a series listed pursuant to this section for
Monday expiration, if a Monday is not a business day, the series
shall expire on the first business day immediately following that
Monday.
---------------------------------------------------------------------------

    Additionally, the Exchange may open for trading series of options
on the symbols provided in Table 1 of IM-5050-6 that expire at the
close of business on each of the next two Mondays, Tuesdays,
Wednesdays, and Thursdays, respectively, that are business days and are
not business days in which monthly options series or Quarterly Options
Series expire (``Short Term Option Daily Expirations''). For those
symbols listed in Table 1, the Exchange may have no more than a total
of two Short Term Option Daily Expirations for each of Monday, Tuesday,
Wednesday, and Thursday expirations at one time.
Proposal
    At this time, the Exchange proposes to expand the Short Term Option
Daily Expirations to permit the listing and trading of options on USO,
UNG, GLD, SLV, and TLT expiring on Wednesdays. The Exchange proposes to
permit two Short Term Option Expiration Dates beyond the current week
for each Wednesday expiration at one time.\5\ In order to effectuate
the proposed changes, the Exchange would add USO, UNG, GLD, SLV, and
TLT to Table 1 of IM-5050-6, which specifies each symbol that qualifies
as a Short Term Option Daily Expiration.
---------------------------------------------------------------------------

    \5\ Consistent with the current operation of the rule, the
Exchange notes that if it adds a Wednesday expiration on a Tuesday,
it could technically list three outstanding Wednesday expirations at
one time. The Exchange will therefore clarify the rule text in IM-
5050-6 to specify that it can list two Short Term Option Expiration
Dates beyond the current week for each Monday, Tuesday, Wednesday,
and Thursday expiration.
---------------------------------------------------------------------------

    The proposed Wednesday USO, UNG, GLD, SLV, and TLT expirations will
be similar to the current Wednesday SPY, QQQ, and IWM Short Term Option
Daily Expirations set forth in IM-5050-6, such that the Exchange may
open for trading on any Tuesday or Wednesday that is a business day
(beyond the current week) series of options on USO, UNG, GLD, SLV, and
TLT to expire on any Wednesday of the month that is a business day and
is not a Wednesday in which Quarterly Options Series expire
(``Wednesday USO Expirations,'' ``Wednesday UNG Expirations,''
``Wednesday GLD Expirations,'' ``Wednesday SLV Expirations,'' and
``Wednesday TLT Expirations'') (collectively, ``Wednesday ETP
Expirations'').\6\ In the event Short Term Option Daily Expirations
expire on a Wednesday and that Wednesday is the same day that a
Quarterly Options Series expires, the Exchange would skip that week's
listing and instead list the following week; the two weeks would
therefore not be consecutive. Today, Wednesday expirations in SPY, QQQ,
and IWM similarly skip the weekly listing in the event the weekly
listing expires on the same day in the same class as a Quarterly
Options Series.
---------------------------------------------------------------------------

    \6\ While the relevant rule text in IM-5050-6 also indicates
that the Exchange will not list such expirations on a Wednesday that
is a business day in which monthly options series expire,
practically speaking this would not occur.
---------------------------------------------------------------------------

    USO, UNG, GLD, SLV, and TLT Friday expirations would continue to
have a total of five Short Term Option Expiration Dates provided those
Friday expirations are not Fridays in which monthly options series or
Quarterly Options Series expire (``Friday Short Term Option Expiration
Dates'').
    Similar to Wednesday SPY, QQQ, and IWM Short Term Option Daily
Expirations within IM-5050-6, the Exchange proposes that it may open
for trading on any Tuesday or Wednesday that is a business day series
of options on USO, UNG, GLD, SLV, and TLT that expire at the close of
business on each of the next two Wednesdays that are business days and
are not business days in which Quarterly Options Series expire.
    The interval between strike prices for the proposed Wednesday ETP
Expirations will be the same as those for the current Short Term Option
Series for Friday expirations applicable to the Short Term Option
Series Program.\7\ Specifically, the Wednesday ETP Expirations will
have a strike interval of $0.50 or greater for strike prices below
$100, $1 or greater for strike prices between $100 and $150, and $2.50
or greater for strike prices above $150.\8\ As is the case with other
equity options series listed pursuant to the Short Term Option Series
Program, the Wednesday ETP Expirations series will be P.M.-settled.
---------------------------------------------------------------------------

    \7\ See IM-5050-6.
    \8\ Id.
---------------------------------------------------------------------------

    Pursuant to BOX Rule 100(a)(66), with respect to the Short Term
Option Series Program, a Wednesday expiration series shall expire on
the first business day immediately prior to that Wednesday, e.g.,
Tuesday of that week if the Wednesday is not a business day.
    Currently, for each option class eligible for participation in the
Short

Term Option Series Program, the Exchange is limited to opening thirty
(30) series for each expiration date for the specific class.\9\ The
thirty (30) series restriction does not include series that are open by
other securities exchanges under their respective weekly rules; the
Exchange may list these additional series that are listed by other
options exchanges.\10\ With the proposed changes, this thirty (30)
series restriction would apply to Wednesday USO, UNG, GLD, SLV, and TLT
Short Term Option Daily Expirations as well. In addition, the Exchange
will be able to list series that are listed by other exchanges,
assuming they file similar rules with the Commission to list Wednesday
ETP Expirations.
---------------------------------------------------------------------------

    \9\ See id.
    \10\ See IM-5050-6.
---------------------------------------------------------------------------

    With this proposal, Wednesday ETP Expirations would be treated
similarly to existing Wednesday SPY, QQQ, and IWM Expirations. With
respect to monthly option series, Short Term Option Daily Expirations
will be permitted to expire in the same week in which monthly option
series on the same class expire. Not listing Short Term Option Daily
Expirations for one week every month because there was a monthly on
that same class on the Friday of that week would create investor
confusion.
    Further, as with Wednesday SPY, QQQ, and IWM Expirations, the
Exchange would not permit Wednesday ETP Expirations to expire on a
business day in which monthly options series or Quarterly Options
Series expire. Therefore, all Short Term Option Daily Expirations would
expire at the close of business on each of the next two Wednesdays that
are business days and are not business days in which monthly options
series or Quarterly Options Series expire. The Exchange believes that
it is reasonable to not permit two expirations on the same day in which
a monthly options series or a Quarterly Options Series would expire
because those options would be duplicative of each other.
    The Exchange does not believe that any market disruptions will be
encountered with the introduction of Wednesday ETP Expirations. The
Exchange has the necessary capacity and surveillance programs in place
to support and properly monitor trading in the proposed Wednesday ETP
Expirations. The Exchange currently trades P.M.-settled Short Term
Option Series that expire Wednesday for SPY, QQQ and IWM and has not
experienced any market disruptions nor issues with capacity. Today, the
Exchange has surveillance programs in place to support and properly
monitor trading in Short Term Option Series that expire Wednesday for
SPY, QQQ and IWM.
Implementation
    The Exchange will issue a notice to Participants via Regulatory
Notice with appropriate advanced notice announcing the implementation
date of the proposed rule change. The Exchange notes that Nasdaq ISE
applied a similar process to govern the implementation of its proposed
rule change.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of section 6(b) of the Securities Exchange Act of 1934
(the ``Act''),\11\ in general, and section 6(b)(5) of the Act,\12\ 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 facilitating transactions in securities, 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. Similar to Wednesday expirations in SPY, QQQ, and IWM,
the proposal to permit Wednesday ETP Expirations, subject to the
proposed limitation of two expirations beyond the current week, would
protect investors and the public interest by providing the investing
public and other market participants more choice and flexibility to
closely tailor their investment and hedging decisions in these options
and allow for a reduced premium cost of buying portfolio protection,
thus allowing them to better manage their risk exposure.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange represents that it has an adequate surveillance
program in place to detect manipulative trading in the proposed option
expirations, in the same way that it monitors trading in the current
Short Term Option Series for Wednesday SPY, QQQ and IWM expirations.
The Exchange also represents that it has the necessary system capacity
to support the new expirations. Finally, the Exchange does not believe
that any market disruptions will be encountered with the introduction
of these option expirations. As discussed above, the Exchange believes
that its proposal is a modest expansion of weekly expiration dates for
GLD, SLV, USO, UNG, and TLT given that it will be limited to two
Wednesday expirations beyond the current week. Lastly, the Exchange
believes its proposal will not be a strain on liquidity provides
because of the multi-class nature of GLD, SLV, USO, UNG, and TLT and
the available hedges in highly-correlated instruments, as described
above.
    The Exchange believes that the proposal is consistent with the Act
as the proposal would overall add a small number of Wednesday ETP
Expirations by limiting the addition of two Wednesday expirations
beyond the current week. The addition of Wednesday ETP Expirations
would remove impediments to and perfect the mechanism of a free and
open market by encouraging Market Makers to continue to deploy capital
more efficiently and improve market quality. The Exchange believes that
the proposal will allow Participants to expand hedging tools and tailor
their investment and hedging needs more effectively in USO, UNG, GLD,
SLV, and TLT as these funds are most likely to be utilized by market
participants to hedge the underlying asset classes.
    Similar to Wednesday SPY, QQQ, and IWM expirations, the
introduction of Wednesday ETP Expirations is consistent with the Act as
it will, among other things, expand hedging tools available to market
participants and allow for a reduced premium cost of buying portfolio
protection. The Exchange believes that Wednesday ETP Expirations will
allow market participants to purchase options on USO, UNG, GLD, SLV,
and TLT based on their timing as needed and allow them to tailor their
investment and hedging needs more effectively, thus allowing them to
better manage their risk exposure. Today, the Exchange lists Wednesday
SPY, QQQ, and IWM Expirations.\13\
---------------------------------------------------------------------------

    \13\ See IM-5050-6.
---------------------------------------------------------------------------

    In particular, the Exchange believes the Short Term Option Series
Program has been successful to date and that Wednesday ETP Expirations
should simply expand the ability of investors to hedge risk against
market movements stemming from economic releases or market events that
occur throughout the month in the same way that the Short Term Option
Series Program has expanded the landscape of hedging.
    There are no material differences in the treatment of Wednesday
SPY, QQQ and IWM expirations compared to the proposed Wednesday ETP
Expirations. Given the similarities between Wednesday SPY, QQQ and IWM
expirations and the proposed Wednesday ETP Expirations, the

Exchange believes that applying the provisions in IM-5050-6 that
currently apply to Wednesday SPY, QQQ and IWM expirations is justified.
For example, the Exchange believes that allowing Wednesday ETP
Expirations and monthly Exchange Traded Product expirations in the same
week will benefit investors and minimize investor confusion by
providing Wednesday ETP Expirations in a continuous and uniform manner.

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. In this regard and as indicated
above, the Exchange notes that the rule change is being proposed as a
competitive response to a filing submitted by Nasdaq ISE that was
recently approved by the Commission.\14\
---------------------------------------------------------------------------

    \14\ See supra note 3.
---------------------------------------------------------------------------

    While the proposal will expand the Short Term Options Expirations
to allow Wednesday ETP Expirations to be listed on BOX, the Exchange
believes that this limited expansion for Wednesday expirations for
options on USO, UNG, GLD, SLV, and TLT will not impose an undue burden
on competition; rather, it will meet customer demand. The Exchange
believes that Participants will continue to be able to expand hedging
tools and tailor their investment and hedging needs more effectively in
USO, UNG, GLD, SLV, and TLT given multi-class nature of these products
and the available hedges in highly-correlated instruments, as described
above.
    Similar to Wednesday SPY, QQQ and IWM expirations, the introduction
of Wednesday ETP Expirations does not impose an undue burden on
competition. The Exchange believes that it will, among other things,
expand hedging tools available to market participants and allow for a
reduced premium cost of buying portfolio protection. The Exchange
believes that Wednesday ETP Expirations will allow market participants
to purchase options on USO, UNG, GLD, SLV, and TLT based on their
timing as needed and allow them to tailor their investment and hedging
needs more effectively.
    The Exchange does not believe the proposal will impose any burden
on inter- market competition, as nothing prevents the other options
exchanges from proposing similar rules to list and trade Wednesday ETP
Expirations. Further, the Exchange does not believe the proposal will
impose any burden on intra-market competition, as all market
participants will be treated in the same manner under this proposal\.\

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to section
19(b)(3)(A)(iii) of the Act \15\ and Rule 19b-4(f)(6) thereunder.\16\
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)(iii) of the Act \17\ and subparagraph (f)(6) of
Rule 19b-4 thereunder.\18\
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    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and 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.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\20\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. According to
the Exchange, the proposed rule change is a competitive response to a
filing submitted by Nasdaq ISE that was recently approved by the
Commission.\21\ The Exchange has stated that waiver of the 30-day
operative delay would ensure fair competition among the exchanges by
allowing the Exchange to permit the listing of two Wednesday
expirations for options on ETPs.\22\ The Commission believes that the
proposed rule change presents no novel issues and that waiver of the
30-day operative delay is consistent with the protection of investors
and the public interest. Accordingly, the Commission hereby waives the
30-day operative delay and designates the proposed rule change as
operative upon filing.\23\
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    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ See supra note 3.
    \22\ See SR-CboeBZX-2022-37 (July 8, 2022).
    \23\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-BOX-2023-27 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-BOX-2023-27. 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 (https://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 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. Do not include personal identifiable
information in submissions; you should submit only information that you
wish to make available publicly. We may redact in part or withhold
entirely from publication submitted material that is obscene or subject
to copyright protection. All submissions should refer to file number
SR-BOX-2023-27 and should be submitted on or before December 18, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Christina Z. Milnor,
Assistant Secretary.
[FR Doc. 2023-26092 Filed 11-24-23; 8:45 am]
BILLING CODE 8011-01-P