[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Notices]
[Pages 31368-31373]
[FR Doc No: 2019-13926]

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SECURITIES AND EXCHANGE COMMISSION

[Release No 34-86197; File No. SR-MIAX-2019-30]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Exchange Rule 515, Execution of Orders
and Quotes

June 25, 2019.
    Pursuant to the provisions of 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 June 18, 2019, Miami International Securities
Exchange, LLC (``MIAX Options'' or the ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') a proposed rule
change as described in Items I, II, and III 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 515,
Execution of Orders and Quotes, to add additional detail and make
clarifying changes to the rule.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/ at MIAX Options'
principal office, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend Exchange Rule 515, Execution of
Orders and Quotes, to add additional detail and make clarifying changes
to the rule. Specifically, the Exchange proposes to make a number of
minor non-substantive edits to references to ``Rule 515'' or ``Exchange
Rule 515'' throughout the rule text. Currently, there are several
references in Exchange Rule 515 where the rule refers back to itself
generally as ``Rule 515'' or ``Exchange Rule 515.'' The Exchange
proposes to amend all general references in Exchange Rule 515 that are
to ``Rule 515'' or ``Exchange Rule 515'' that do not refer to any
particular section or paragraph to be replaced with ``this Rule'' in
order to provide consistency and clarity within the rule text. The
proposed changes would be to references to ``Rule 515'' or ``Exchange
Rule 515'' that are currently in the following sections in Exchange
Rule 515: Paragraph (a); paragraph (c); subsection (c)(1)(i);
subsection (c)(1)(ii)(A); subsection (c)(2)(i)(B); and Interpretation
and Policy .04.
    Next, the Exchange proposes to amend paragraph (c) of Exchange Rule
515, Non-Market Maker Orders That Could Not Be Executed or Could Not Be
Executed in Full at the Original NBBO \3\ Upon Receipt, subsection
(3)(i)(C), to clarify the System's \4\ behavior when certain conditions
arise during a liquidity refresh pause. Paragraph (c) provides a
definition of ``initiating order'' and ``original NBBO'' for the
purposes of Exchange Rule 515 as follows. The term ``initiating order''
will be used to refer to (i) the incoming order that could not be
executed, (ii) the order reevaluated by the System for execution that
could not be executed, or (iii) the remaining contracts of the incoming
order or reevaluated order that could not be executed in full. The term
``original NBBO'' will be used to refer to the NBBO that existed at
time of receipt of the initiating order or the NBBO at time of
reevaluation of an order pursuant to Exchange Rule 515.
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    \3\ The term ``NBBO'' means the national best bid or offer as
calculated by the Exchange based on market information received by
the Exchange from OPRA. See Exchange Rule 100.
    \4\ The term ``System'' means the automated trading system used
by the Exchange for the trading of Securities. See Exchange Rule
100.
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    Subsection (c)(3), Liquidity Refresh Pause for Exhausted Market
Maker \5\ Quotes, provides that the System will pause the market for a
time period not to exceed one second to allow additional orders or
quotes refreshing the liquidity at the MBBO \6\ to be received
(``liquidity refresh pause'') \7\ when at the time of receipt or
reevaluation of the initiating order by the System: (A) Either the
initiating order is a limit order whose limit price crosses the NBBO or
the initiating order is a market order, and the limit order or market
order could only be partially executed; (B) a Market Maker quote was
all or part of the MBBO when the MBBO is alone at the NBBO; and (C) and
the Market Maker quote was exhausted.\8\
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    \5\ The term ``Market Maker'' refers to ``Lead Market Makers'',
``Primary Lead Market Makers'' and ``Registered Market Makers''
collectively. See Exchange Rule 100.
    \6\ The term ``MBBO'' means the best bid or offer on the
Exchange. See Exchange Rule 100.
    \7\ The Exchange notes that the current setting is 20
milliseconds.
    \8\ See Exchange Rule 515(c)(3).
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    As described in the Exchange's current subsection (c)(3)(i)(C),
during the liquidity refresh pause, if the Exchange receives a new
order or quote on the same side of the market as the initiating order's
remaining contracts, which locks or crosses the original NBBO, the
liquidity refresh pause will be terminated early.\9\ The Exchange
recently identified an inconsistency between subsection (c)(3)(i)(C) of
Exchange Rule 515 and the Exchange's System behavior regarding the NBBO
used for evaluation purposes (original versus current), which
determines whether the System will terminate the liquidity refresh
pause early based on the receipt of a new order or quote on the same
side of the market as the initiating order's remaining contracts. The
Exchange believes that the System is operating correctly and that the
rule text inadvertently described the NBBO used for evaluation purposes
as the original NBBO, rather than the current NBBO. The System
currently operates in the following manner. During the liquidity
refresh pause, if the Exchange receives a new order or quote on the
same side of the market as the initiating order's remaining contracts,
which locks or crosses the current NBBO, the liquidity refresh pause
will be terminated early. Accordingly, in subsection (c)(3)(i)(C) of
Exchange Rule 515, the Exchange proposes to replace the word
``original'' preceding NBBO with the word ``current'' to more
accurately describe the NBBO used in the reevaluation process that
occurs in this scenario. By using the current NBBO, the System ensures
the proper handling of new same side interest. The System will not
execute routable orders \10\ or non-routable orders \11\ at prices that
are inferior to the current NBBO, therefore the Exchange's proposal
improves the specificity of Exchange Rule 515.
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    \9\ See Exchange Rule 515(c)(3)(i)(C).
    \10\ See Exchange Rule 515(c)(1)(i).
    \11\ See Exchange Rule 515(c)(1)(ii)(A).
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    Next, the Exchange proposes to amend subsection (c)(3) of Exchange
Rule 515 to succinctly describe the conditions that must be present for
the liquidity refresh pause to occur and make minor corrective changes
to the numerical and alphabetical list item identifiers to properly
conform to the hierarchical heading scheme used throughout the
Exchange's rulebook. In particular, the Exchange proposes to insert
numerical identifiers ``(1)'' and ``(2)'' into subsection (c)(3)(A) in
order to clarify that to meet the first condition for the liquidity
refresh pause to occur, the initiating order must be a limit order or
market order, whose limit price must cross the NBBO and could only be
partially executed. The Exchange proposes to delete redundant rule text
in the first clause of subsection (c)(3)(A) in order to clarify the
conditions for the liquidity refresh pause to occur. Accordingly, with
the proposed changes, subsection (c)(3) will provide as follows:

    The System will pause the market for a time period not to exceed
one second to allow additional orders or quotes refreshing the
liquidity at the MBBO to be received (``liquidity refresh pause'')
when at the time of receipt or reevaluation of the initiating order
by the System: (A) The initiating order is a limit order or market
order whose (1) limit price crosses the NBBO and (2) could only be
partially executed; (B) a Market Maker quote was all or part of the
MBBO when the MBBO is alone at the NBBO; and (C) the Market Maker
quote was exhausted.

    Next, the Exchange proposes to amend paragraph (d) of Exchange Rule
515 to harmonize the rule text to the Exchange's affiliate, MIAX
Emerald,

LLC (``MIAX Emerald''), and to make corrective changes to the numerical
and alphabetical list item identifiers to properly conform to the
hierarchical heading scheme used throughout the Exchange's rulebook.
The Exchange proposes to separate paragraph (d) into several
subsections. In particular, the Exchange proposes to adopt subsection
(d)(1) of Exchange Rule 515, which would state as follows:

    If a Market Maker order or quote could not be executed or could
not be executed in full upon receipt, the System will continue to
execute the Market Maker's order or quote at multiple prices until
(i) the Market Maker's quote has been exhausted or its order has
been completely filled; (ii) the executions have reached the Market
Maker's limit price; or (iii) further executions will trade at a
price inferior to the ABBO, whichever occurs first.

    This new subsection (d)(1) would not contain any substantive change
or add or delete any rule text already in place. The Exchange also
proposes to adopt new subsection (d)(2) of Exchange Rule 515, which
would state as follows:

    For a Market Maker order or quote that locks or crosses the
opposite side ABBO and the MBBO is inferior to the ABBO, the System
will manage such order or quote in accordance with the following.
Once the System can no longer execute the Market Maker's order or
quote, the System will display the order or quote one MPV away from
the current opposite side ABBO and book the order or quote at a
price that will lock the current opposite side ABBO. Should the ABBO
price change to an inferior price level, the Market Maker order or
quote's Book price will continuously re-price to lock the new ABBO
and the Market Maker order or quote's displayed price will
continuously re-price one MPV away from the new ABBO, until the
Market Maker order or quote reaches its original limit price, is
fully executed or cancelled.

This new subsection (d)(2) of Exchange Rule 515 does not contain any
substantive change to the rule text already in place and harmonizes the
rule text to the Exchange's affiliate, MIAX Emerald, by replacing
references from ``NBBO'' to ``ABBO.'' \12\ The Exchange also proposes
to delete the word ``internally'' in subsection (d)(2) to harmonize the
rule text to the Exchange's affiliate, MIAX Emerald.\13\
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    \12\ See MIAX Emerald Rule 515(d)(ii).
    \13\ See id.
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    The Exchange also proposes to adopt new subsection (d)(3)(i) of
Exchange Rule 515, which would state as follows:

    If the Exchange receives a new order or quote on the opposite
side of the market from the Market Maker order or quote that can be
executed, the System will immediately execute the remaining
contracts from the Market Maker order or quote to the extent
possible at the Market Maker order or quote's current Book bid or
offer price, provided that the execution price does not violate the
current NBBO.

The Exchange also proposes to adopt new subsection (d)(3)(ii) of
Exchange Rule 515, which would state as follows:

    If unexecuted contracts remain from the Market Maker's order or
quote, the order or quote size will be revised and the MBBO
disseminated to reflect the order or quote's remaining contracts.

The new subsections (d)(3)(i) and (d)(3)(ii) of Exchange Rule 515 do
not contain any substantive change or add or delete any rule text
already in place.
    Next, the Exchange proposes to amend Exchange Rule 515(h) to
consolidate subsections (h)(1)(A) and (h)(1)(C) into paragraph (h)(1)
to conform Exchange Rule 515(h) to the Exchange's affiliate, MIAX
Emerald.\14\ The Exchange also proposes to delete the rule text for
subsection (h)(1)(B) as that subsection is redundant rule text and the
Exchange believes that it is not necessary to specify the minimum
trading increments applicable to that particular order type since
minimum trading increments are covered in Exchange Rule 510.
Accordingly, with the proposed changes, subsection (h)(1) of Exchange
Rule 515 would state as follows:
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    \14\ See MIAX Emerald Rule 515(h).

    Customer Cross Orders, as defined in Rule 516(i), are
automatically executed upon entry provided that the execution (i) is
at or between the best bid and offer on the Exchange; (ii) is not at
the same price as a Priority Customer Order on the Exchange's Book;
and (iii) will not trade at a price inferior to the NBBO. If trading
interest exists on the MIAX Book that is subject to the liquidity
refresh pause or managed interest process pursuant to Rule 515(c),
or a route timer pursuant to Rule 529 when the Exchange receives a
Customer Cross Order, the System will reject the Customer Cross
Order. If trading interest exists that is subject to a PRIME Auction
or PRIME Solicitation Auction pursuant to Rule 515A when the
Exchange receives a Customer Cross Order, the System will reject the
Customer Cross Order. Customer Cross Orders will be automatically
canceled if they cannot be executed. Rule 520, Interpretation and
Policy .01 applies to the entry and execution of Customer Cross
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Orders.

    The Exchange proposes to amend Exchange Rule 515(h) to consolidate
subsection (h)(2)(A) into subsection (h)(2) to conform Exchange Rule
515(h) to the Exchange's affiliate, MIAX Emerald. The Exchange also
proposes to delete the rule text for subsection (h)(2)(B) of Exchange
Rule 515 as that subsection is redundant rule text and the Exchange
believes that it is not necessary to specify the minimum trading
increments applicable to that particular order type since minimum
trading increments are covered in Exchange Rule 510. Accordingly, with
the proposed changes, subsection (h)(2) of Exchange Rule 515 would
state as follows:

    Qualified Contingent Cross Orders, as defined in Rule 516(j),
are automatically executed upon entry provided that the execution
(i) is not at the same price as a Priority Customer Order on the
Exchange's Book; and (ii) is at or between the NBBO. If trading
interest exists on the MIAX Book that is subject to the liquidity
refresh pause or managed interest process pursuant to Rule 515(c),
or a route timer pursuant to Rule 529 when the Exchange receives a
Qualified Contingent Cross Order, the System will reject the
Qualified Contingent Cross Order. If trading interest exists that is
subject to a PRIME Auction or PRIME Solicitation Auction pursuant to
Rule 515A when the Exchange receives a Qualified Contingent Cross
Order, the System will reject the Qualified Contingent Cross Order.
Qualified Contingent Cross Orders will be automatically canceled if
they cannot be executed.

    Next, the Exchange proposes to amend subsections (h)(3) and (h)(4)
of Exchange Rule 515 to amend references in those subsections from the
plural ``Interpretations and Policies'' to the singular
``Interpretation and Policy'' when referring to one specific
Interpretation and Policy. Accordingly, the Exchange proposes to amend
subsection (h)(3) of Exchange Rule 515, which references
``Interpretations and Policies .12'' to now read ``Interpretation and
Policy .12.'' The Exchange proposes to amend subsection (h)(3)(C) of
Exchange Rule 515, which references ``Interpretations and Policies
.01'' to now read ``Interpretation and Policy .01.'' The Exchange
proposes to amend subsection (h)(4) of Exchange Rule 515, which
references ``Interpretations and Policies .12'' to now read
``Interpretation and Policy .12.'' The purpose of these changes is to
provide consistency and clarity within the rule text and harmonize the
rule text to the Exchange's affiliate, MIAX Emerald.

    Additionally, the Exchange proposes to amend Exchange Rule 515,
Execution of Orders and Quotes, Interpretation and Policy .02, to adopt
new rule text clarifying the treatment of interest being managed by the
System during the limited scenario when the ABBO \15\ transitions from
a crossed state to an uncrossed state. Currently, Exchange Rule 515
provides two separate processes for handling orders that could not be
executed or that could not be executed in full upon receipt; subsection
(c), Non-Market Maker Orders That Could Not Be Executed or Could Not Be
Executed in Full at the Original NBBO Upon Receipt, and subsection (d)
Handling of Market Maker Orders and Quotes. Exchange Rule 515(c)(1)(ii)
discusses the Managed Interest Process for Non-Routable Orders. If the
limit price locks or crosses the current opposite side NBBO, the System
will display the order one MPV \16\ away from the current opposite side
NBBO, and book the order at a price that will lock the current opposite
side NBBO. Should the NBBO price change to an inferior price level, the
order's Book price will continuously re-price to lock the NBBO and the
managed order's display price will continuously re-price one MPV away
from the new NBBO.\17\ Similarly, current Exchange Rule 515(d)
discusses the handling of Market Maker orders or quotes that could not
be executed or could not be executed in full upon receipt.
Specifically, for a Market Maker order or quote that locks or crosses
the ABBO, the System will manage such order or quote in accordance with
the following. Once the System can no longer execute the Market Maker's
order or quote, the System will display the order or quote one MPV away
from the current opposite side NBBO and book the order or quote at a
price that will internally lock the current opposite side NBBO. Should
the NBBO price change to an inferior price level, the Market Maker
order or quote's Book price will continuously re-price to lock the new
NBBO and the Market Maker order or quote's displayed price will
continuously re-price one MPV away from the new NBBO.\18\
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    \15\ The term ``ABBO'' or ``Away Best Bid or Offer'' means the
best bid(s) or offer(s) disseminated by other Eligible Exchanges
(defined in Rule 1400(f)) and calculated by the Exchange based on
market information received by the Exchange from OPRA. See Exchange
Rule 100.
    \16\ An ``MPV'' is the Minimum Price Variation for options
traded on the Exchange. See Exchange Rule 510, Minimum Price
Variations and Minimum Trading Increments.
    \17\ See Exchange Rule 515(c)(1)(ii)(A).
    \18\ See Exchange Rule 515(d).
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    Currently, Interpretation and Policy .02 of Exchange Rule 515
discusses the Managed Interest Process for Non-Routable Orders as
provided in subparagraph (c)(1)(ii) if managed interest becomes
tradable at multiple price points on MIAX due to the ABBO transitioning
from a crossed state to an uncrossed state, the midpoint of the MBBO,
rounded up to the nearest MPV if necessary, will be used for the
initial trade price. However, the current rule does not discuss how
Market Maker orders or quotes that are being managed by the System are
handled if the ABBO transitions from a crossed state to an uncrossed
state.
    The Exchange now proposes to amend Interpretation and Policy .02 of
Exchange Rule 515 to adopt a definition for the term ``Handled
Interest'' which will include both Non-Routable Orders as defined in
subparagraph (c)(1)(ii) and Market Maker orders and quotes as defined
in subparagraph (d). Additionally, the Exchange proposes to adopt new
rule text regarding the handling of Handled Interest when the ABBO
transitions from a crossed state to an uncrossed state. Specifically,
the Exchange proposes to amend Interpretation and Policy .02 to replace
the term ``order'' with the newly defined term ``Handled Interest''
where necessary, to more accurately describe the current functionality
of the System during this specific scenario as Market Maker orders and
quotes that are being managed are handled in a similar fashion. The
purpose of these changes is to provide consistency and clarity within
the rule text and harmonize the rule text to the Exchange's affiliate,
MIAX Emerald.\19\ Accordingly, with the proposed changes to
Interpretation and Policy .02, the Exchange would adopt new paragraphs
``(a)'' through ``(c),'' and Interpretation and Policy .02 would be
newly titled ``Uncrossing of Orders and Quotes.'' The proposed changes
to Interpretation and Policy .02 would be as follows:
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    \19\ See MIAX Emerald Rule 515, Interpretation and Policy .02.

    (a) In the course of the Managed Interest Process for Non-
Routable Orders as provided in subparagraph (c)(1)(ii) or the
management of a Market Maker order or quote as provided in
subparagraph (d) (such Non-Routable Orders and Market Maker orders
and quotes, ``Handled Interest''), if Handled Interest becomes
tradable at multiple price points on MIAX due to the ABBO
transitioning from a crossed state to an uncrossed state, the
midpoint of the MBBO, rounded up to the nearest MPV if necessary,
will be used for the initial trade price for the Handled Interest.
If locking or crossing interest remains, the next trade occurs at
the Book price of the interest with lesser size.
    (b) Trades included in the Handled Interest will continue to
occur until (i) all locking or crossing interest has been satisfied,
(ii) the ABBO is reached at which time the interest will be managed
according to subparagraph (c)(1)(ii) or subparagraph (d), as
applicable, (iii) the Handled Interest's limit price is reached at
which time any remaining contracts will be booked, or (iv) the
Handled Interest's price protection limit is reached at which time
any remaining contracts will be canceled.
    (c) Trades included in the Handled Interest will then be handled
as follows: (i) If the order or quote would lock or cross the
current opposite side MBBO where the MBBO is the NBBO, the order or
quote will be handled pursuant to the Managed Interest Process under
515(c)(1)(ii) and Rule 515(d).

    The proposed changes are designed to clarify existing Exchange
functionality in the Exchange's rules. The Exchange believes the
proposed changes will also help eliminate potential confusion on behalf
of market participants by clearly stating that any interest being
managed is handled similarly by the System in this limited situation.
2. Statutory Basis
    The Exchange believes that its proposed rule change are consistent
with Section 6(b) of the Act \20\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \21\ in particular, in that
they are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
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    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed changes to Exchange Rule
515(c)(3)(i)(C) to replace the word ``original'' preceding NBBO with
the word ``current'' to more accurately describe the NBBO used in the
reevaluation process promotes just and equitable principles of trade,
fosters cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, and removes impediments to
and perfects the mechanisms of a free and open market. This is because
the proposal provides clarity and additional detail to Members,
investors, and the public regarding the operation of the

Exchange's System in the limited circumstance when a new order or quote
is received on the same side of the market as an initiating order's
remaining contracts during a liquidity refresh pause. The Exchange
believes that the System is operating correctly and that the rule text
inadvertently described the NBBO used for evaluation purposes as the
original NBBO, rather than the current NBBO. By using the current NBBO,
the System ensures the proper handling of new same side interest. The
System will not execute routable orders or non-routable orders at
prices that are inferior to the current NBBO, therefore the Exchange's
proposal improves the specificity of Exchange Rule 515. Further, the
Exchange believes it is in the interest of investors and the public to
accurately describe the behavior of the Exchange's System in its rules
as this information may be used by investors to make decisions
concerning the submission of their orders. Accordingly, the Exchange
proposes to replace the word ``original'' preceding NBBO with the word
``current'' to more accurately describe the NBBO used in the
reevaluation process that occurs during a liquidity refresh pause under
Exchange Rule 515(c)(3)(i)(C) to correct this inconsistency between the
rule text and the System's behavior. Transparency and clarity are
consistent with the Act because it removes impediments to and helps
perfect the mechanism of a free and open market and a national market
system, and, in general, protects investors and the public interest by
accurately describing the behavior of the Exchange's System.
    Currently, Exchange Rule 515 discusses the treatment of Non-
Routable Orders that are being managed by the System as the ABBO
transitions from a crossed to an uncrossed state. The Exchange believes
that adopting a new definition of ``Handled Interest'' in
Interpretation and Policy .02(a) to include Market Maker orders and
quotes and amending the rule text to replace the term order with the
newly defined term ``Handled Interest'' more accurately describes the
operation of Exchange functionality during the limited circumstance
when interest becomes tradable at multiple price points on MIAX due to
the ABBO transitioning from a crossed state to an uncrossed state. The
Exchange believes that its proposal contributes to the operation of a
fair and orderly market, and in general, protects investors and the
public interest by providing additional detail to clarify how orders
that are being managed are handled in the limited circumstance when the
ABBO transitions from a crossed state to an uncrossed state. The
Exchange believes these changes provide consistency and clarity within
the rule text regarding how Market Maker orders and quotes are handled
and harmonize the rule text to the Exchange's affiliate, MIAX
Emerald.\22\ The Exchange also believes that its proposal to add the
term ``Handled Interest'' to describe the System's functionality when
interest becomes tradable at multiple price points on MIAX due to the
ABBO transitioning from a crossed state to an uncrossed state
contributes to the operation of a fair and orderly market, and in
general, protects investors and the public interest because this
proposed change will facilitate executions on the Exchange.
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    \22\ See MIAX Emerald Rule 515, Interpretation and Policy .02.
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    The Exchange believes the proposed changes to consolidate Exchange
Rule 515 subsections (h)(1)(A) and (h)(1)(C) into paragraph (h)(1) and
delete redundant rule text in subsections (h)(1)(B) promote just and
equitable principles of trade and remove impediments to and perfect the
mechanism of a free and open market and a national market system
because the proposed changes clarify the Exchange's rule text. In
particular, the Exchange believes that deleting the rule text for
subsection (h)(1)(B) will promote just and equitable principles of
trade and remove impediments to and perfect the mechanism of a free and
open market because that subsection is redundant rule text. The
Exchange believes it is not necessary to specify the minimum trading
increments applicable to Customer Cross Orders since minimum trading
increments are covered in Exchange Rule 510 and applicable to all
options traded on the Exchange.\23\ Accordingly, the reference to
minimum trading increments in subsection (h)(1)(B) is redundant, which
the Exchange believes will cause confusion. The Exchange believes it is
in the interest of investors and the public to accurately describe the
Exchange's rules as this information is used by investors to make
decisions concerning the submission of their orders on the Exchange.
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    \23\ See Exchange Rule 510(a).
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    Likewise, the Exchange believes the proposed changes to consolidate
subsection (h)(2)(A) into subsection (h)(2) promote just and equitable
principles of trade and remove impediments to and perfect the mechanism
of a free and open market and a national market system because the
proposed changes clarify the Exchange's rule text and conform Exchange
Rule 515(h) to the Exchange's affiliate, MIAX Emerald.\24\ Further, the
Exchange believes that deleting the rule text for subsection (h)(2)(B)
will promote just and equitable principles of trade and remove
impediments to and perfect the mechanism of a free and open market
because that subsection is redundant rule text. The Exchange believes
it is not necessary to specify the minimum trading increments
applicable to Qualified Contingent Cross Orders as minimum trading
increments are covered in Exchange Rule 510 and applicable to all
options traded on the Exchange.\25\ Accordingly, the reference to
minimum trading increments in subsection (h)(2)(B) is redundant, which
the Exchange believes will cause confusion. The Exchange believes it is
in the interest of investors and the public to accurately describe the
Exchange's rules as this information is used by investors to make
decisions concerning the submission of their orders on the Exchange.
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    \24\ See MIAX Emerald Rule 515(h).
    \25\ See Exchange Rule 510(a).
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    The Exchange believes the proposed changes to amend paragraph (d)
to harmonize the rule text to the Exchange's affiliate, MIAX Emerald,
by replacing references from ``NBBO'' to ``ABBO'' and to make
corrective changes to the numerical and alphabetical list item
identifiers promote just and equitable principles of trade and remove
impediments to and perfect the mechanism of a free and open market and
a national market system because the proposed changes clarify the
Exchange's rule text and conform Exchange Rule 515(d) to the Exchange's
affiliate, MIAX Emerald.\26\ The Exchange also believes that its
proposal to replace references from ``NBBO'' to ``ABBO'' in subsection
(d)(2) contributes to the operation of a fair and orderly market, and
in general, protects investors and the public interest because it is
more accurate to use the term ``ABBO'' as the System is not considering
MIAX's market at this point. Further, the Exchange's proposal to delete
the word ``internally'' in subsection (d)(2) harmonizes the rule text
to the Exchange's affiliate, MIAX Emerald.\27\
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    \26\ See MIAX Emerald Rule 515(d)(ii).
    \27\ See MIAX Emerald Rule 515(d)(ii).
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    The Exchange believes the proposed changes promote just and
equitable principles of trade and remove impediments to and perfect the
mechanism of a free and open market and a national market system
because the proposed changes provide

additional detail and make clarifying changes to the rule text of
Exchange Rule 515, and correct errors in the hierarchical heading
scheme to provide uniformity in the Exchange's rulebook. The Exchange
believes that the proposed changes will provide greater clarity to
Members and the public regarding the Exchange's rules and that it is in
the public interest for rules to be accurate and concise so as to
eliminate the potential for confusion.

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

    The Exchange does not believe that the proposed rule changes will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Specifically, the Exchange
believes the proposed changes will not impose any burden on intra-
market competition as there is no functional change to the Exchange's
System and because the rules of the Exchange apply to all MIAX
participants equally. The proposed rule changes will have no impact on
competition as they are not designed to address any competitive issues
but rather are designed to add additional clarity to existing Exchange
Rule 515 and to remedy minor non-substantive issues in the rule text.
In addition, the Exchange does not believe the proposal will impose any
burden on inter-market competition as the proposal does not address any
competitive issues and is intended to protect investors by providing
further transparency regarding the Exchange's functionality.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \28\ and Rule 19b-4(f)(6) \29\
thereunder.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(3)(A).
    \29\ 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.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2019-30 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2019-30. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MIAX-2019-30, and should be submitted on
or before July 22, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
---------------------------------------------------------------------------

    \30\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-13926 Filed 6-28-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Rules and Regulations]
[Pages 13196-13199]
[FR Doc No: 2014-04589]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0555; Directorate Identifier 2010-SW-047-AD;
Amendment 39-17779; AD 2014-05-06]
RIN 2120-AA64

Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for
Eurocopter Deutschland GmbH (ECD) Model EC135 and MBB-BK 117 C-2
helicopters. This AD requires inspecting the flight-control bearings
repetitively, replacing any loose bearing with an airworthy flight-
control bearing, and installing bushings and washers. This AD was
prompted by the discovery during a routine inspection of loose flight
control bearings because of incorrect installation. The actions of this
AD are intended to prevent the affected control lever from shifting,
contacting the helicopter structure, and reducing control of the
helicopter.

DATES: This AD is effective April 14, 2014.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of April 14, 2014.

ADDRESSES: For service information identified in this AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at http://www.eurocopter.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas
76137.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the European Aviation Safety
Agency (EASA) AD, any incorporated-by-reference service information,
the economic evaluation, any comments received, and other information.
The street address for the Docket Operations Office (phone: 800-647-
5527) is U.S. Department of

Transportation, Docket Operations Office, M-30, West Building Ground
Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601
Meacham Blvd., Fort Worth, TX 76137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On July 3, 2013, at 78 FR 40047, the Federal Register published our
notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR
part 39 to add an AD that would apply to ECD Model EC135 P1, P2, P2+,
T1, T2, and T2+ helicopters, serial number (S/N) 0005 through 00829,
with a tail rotor control lever, part number (P/N) L672M2802205 or
L672M1012212; cyclic control lever, P/N L671M1005250; collective
control lever assembly, P/N L671M2020108; or collective control plate,
P/N L671M5040207; installed. The NRPM proposed that the AD also would
apply to Model MBB-BK 117 C-2 helicopters, S/N 9004 through 9310, with
a tail rotor control lever assembly, P/N B672M1007101 or B672M1807101;
tail rotor control lever, P/N B672M1002202 or L672M2802205; or lateral
control lever assembly, P/N B670M1008101, installed.
    The NPRM proposed to require inspecting the flight-control bearings
repetitively, replacing any loose bearing with an airworthy flight-
control bearing, and installing bushings and washers. The proposed
requirements were intended to prevent the affected control lever from
shifting, contacting the helicopter structure, and reducing control of
the helicopter.
    The NPRM was prompted by AD No. 2010-0058, dated March 30, 2010,
issued by EASA, which is the Technical Agent for the Member States of
the European Union. EASA issued the AD to correct an unsafe condition
for the ECD Model MBB-BK 117 C-2, EC 135 and EC 635 helicopters. EASA
advises that during an inspection of an MBB-BK 117 C-2, ``bearings were
detected which had not been correctly fixed.'' As some bearings on the
EC 135 and MBB-BK 117 C-2 type designs are installed with the same
procedure, they are equally affected by the possibility of the unsafe
condition. EASA states that this condition, if not corrected, could
result in the affected control lever shifting in the axial direction,
contacting the helicopter structure, and subsequently reducing control
of the helicopter.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we received no comments on the NPRM (78 FR 40047, July 3,
2013).

FAA's Determination

    These helicopters have been approved by the aviation authority of
the Federal Republic of Germany and are approved for operation in the
United States. Pursuant to our bilateral agreement with Germany, EASA,
its technical representative, has notified us of the unsafe condition
described in its AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs and that air safety and the public interest require
adopting the AD requirements as proposed.

Differences Between This AD and the EASA AD

    Differences between this AD and the EASA AD are:
     The EASA AD is applicable to the EC 635 helicopter,
whereas this AD is not because the EC 635 helicopter is not type
certificated in the U.S.
     The EASA AD requires an initial inspection within 50
flight hours or one month, whichever occurs first after May 31, 2008,
and a modification within the next 12 months. This AD requires the
modification within 100 hours TIS or at the next annual inspection,
whichever occurs first, and no inspection until after the modification
has been accomplished.

Related Service Information

    Eurocopter has issued Alert Service Bulletin (ASB) MBB BK117 C-2-
67A-010, Revision 3, dated February 8, 2010, and ASB EC135-67A-019,
Revision 3, dated December 16, 2009. These ASBs specify:
     Within the next 50 flight hours (FHs), inspecting the
affected bearings and, if necessary, rebonding any affected bearings or
replacing the lever assembly.
     Within 12 months, retrofitting bushings on the levers to
prevent movement of the bearings.
     After the retrofit, repeating the inspection every 800 FHs
or 36 months for the Model EC 135 helicopters, whichever comes first,
and 600 FHs or 24 months, whichever comes first, for the Model MBB-BK
117 C-2 helicopters.
    EASA classified these ASBs as mandatory and issued AD 2010-0058 to
ensure the continued airworthiness of these helicopters.

Costs of Compliance

    We estimate that this AD affects 175 Model EC135 and 112 Model MBB-
BK 117 C-2 helicopters of U.S. Registry and that labor costs average
$85 per work-hour. Based on these estimates, we expect the following
costs:
     For EC135 helicopters, it takes about 32 work-hours to
perform the modification. Parts cost about $312. The total cost for the
modification is about $3,032 per helicopter and $530,600 for the U.S.
operator fleet. The repetitive inspections require 6.5 work-hours for a
cost of about $553 per helicopter and about $96,775 for the fleet per
inspection cycle.
     For MBB-BK 117 C-2 helicopters, it takes about 32 work-
hours to perform the modification. Parts cost about $396. The total
cost for the modification is $3,116 per helicopter and $348,992 for the
U.S. operator fleet. The cost for the repetitive inspections thereafter
is about $85 per helicopter and $9,520 for the fleet per inspection
cycle.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on helicopters identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    (3) Will not affect intrastate aviation in Alaska to the extent
that it justifies making a regulatory distinction; and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2014-05-06 Eurocopter Deutschland GmbH: Amendment 39-17779; Docket
No. FAA-2013-0555; Directorate Identifier 2010-SW-047-AD.

(a) Applicability

    This AD applies to the following helicopters, certificated in
any category:
    (1) Eurocopter Deutschland GmbH (ECD) Model EC135 P1, P2, P2+,
T1, T2, and T2+ helicopters, serial number (S/N) 0005 through 00829,
with a tail rotor control lever, part number (P/N) L672M2802205 or
L672M1012212; cyclic control lever, P/N L671M1005250; collective
control lever assembly, P/N L671M2020108; or collective control
plate, P/N L671M5040207; installed; and
    (2) Model MBB-BK 117 C-2 helicopters, S/N 9004 through 9310,
with a tail rotor control lever assembly, P/N B672M1007101 or
B672M1807101; tail rotor control lever, P/N B672M1002202 or
L672M2802205; or lateral control lever assembly, P/N B670M1008101,
installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as incorrectly installed
flight control bearings. This condition could cause the affected
control lever to shift and contact the helicopter structure,
resulting in reduced control of the helicopter.

(c) Effective Date

    This AD becomes effective April 14, 2014.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) For Model EC135 P1, P2, P2+, T1, T2, and T2+ helicopters:
    (i) Within the next 100 hours time-in-service (TIS) or at the
next annual inspection, whichever occurs, modify the left-hand (LH)
and right-hand (RH) guidance units and the cyclic shaft by
installing bushings and washers to prevent shifting of the bearings
in the axial direction as follows:
    (A) Remove and disassemble the LH guidance unit and install a
bushing, P/N L672M1012260, between the bearing block and the lever
of the LH guidance unit as depicted in Detail A of Figure 5 of
Eurocopter Alert Service Bulletin EC135-67A-019, Revision 3, dated
December 16, 2009 (EC135 ASB).
    (B) For helicopters without a yaw brake, remove and disassemble
the RH guidance unit and install a bushing, P/N L672M1012260,
between the bearing block and the lever as depicted in Detail B of
Figure 5 of EC135 ASB.
    (C) Remove and disassemble the cyclic shaft and install a
washer, P/N L671M1005260, between the bearing block and the lever as
depicted in Detail C of Figure 6 of EC135 ASB.
    (D) Remove the collective control rod from the bellcrank and
install a washer, P/N L221M1042208, on each side of the collective
control rod and bellcrank as depicted in Detail D of Figure 6 of
EC135 ASB.
    (E) At intervals not to exceed 800 hours TIS or 36 months,
whichever occurs first, inspect the bearings in the LH guidance
unit, RH guidance unit, cyclic control, upper guidance unit, and
linear voltage differential transducer plate for play. If any
bearing is loose, replace the affected bearing with an airworthy
bearing.
    (2) For Model MBB-BK 117 C-2 helicopters:
    (i) Within the next 100 hours TIS or at the next annual
inspection, whichever occurs first, modify the LH and RH guidance
units and the lateral control lever by installing bushings and
washers to prevent shifting of the bearings in the axial direction
as follows:
    (A) Remove and disassemble the RH guidance unit and install a
bushing, P/N L672M1012260, between the lever and the bracket as
depicted in Detail B of Figure 4 of Eurocopter Alert Service
Bulletin MBB BK117 C-2-67A-010, Revision 3, dated February 8, 2010
(BK117 ASB). Remove and disassemble the LH guidance unit and install
a bushing, P/N L672M1012260, between the lever and the bracket as
depicted in Detail C of Figure 4 of BK117 ASB.
    (B) Remove the lateral control lever and install new bushings in
accordance with the Accomplishment Instructions, paragraphs
3.C(9)(a) through 3.C(9)(g), of BK 117 ASB.
    (C) Identify the modified lever assembly by writing ``MBB BK117
C-2-67A-010'' on the lever with permanent marking pen and protect
with a single layer of lacquer (CM 421 or equivalent).
    (D) Apply corrosion preventive paste (CM 518 or equivalent) on
the shank of the screws and install airworthy parts as depicted in
Figure 5 of BK117 ASB.
    (E) At intervals not to exceed 600 hours TIS or 24 months,
whichever occurs first, inspect the bearings in the RH guidance
unit, LH guidance unit, and lateral control guidance unit for play.
If any bearing is loose, replace the affected bearing with an
airworthy bearing.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Matt Fuller, Senior Aviation
Safety Engineer, Safety Management Group, Rotorcraft Directorate,
FAA, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 222-
5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2010-0058, dated March 30, 2010. You may view
the EASA AD on the Internet at http://www.regulations.gov in Docket
No. FAA-2013-0555.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6710, Main Rotor
Control.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Eurocopter Alert Service Bulletin EC135-67A-019, Revision 3,
dated December 16, 2009.
    (ii) Eurocopter Alert Service Bulletin MBB BK117 C-2-67A-010,
Revision 3, dated February 8, 2010.
    (3) For Eurocopter service information identified in this AD,
contact American Eurocopter Corporation, 2701 N. Forum Drive, Grand
Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(972) 641-3775; or at http://www.eurocopter.com/techpub.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the

National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>,
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on February 20, 2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2014-04589 Filed 3-7-14; 8:45 am]
BILLING CODE 4910-13-P


Testimony of Heather Quinlan University of California Riverside Student Environmental Protection Agency Public Hearing Alexandria, Virginia June 27, 2003 My name is Heather Quinlan. I am a fourth year environmental science student at the University of California at Riverside. This summer I am interning in Washington, DC with the National Parks Conservation Association. I thank you for the opportunity to speak to you this afternoon.

I come before you today asking for a more rapid and strict set of implementation plans for the 8

hour ozone standard.

Ground level ozone is bad for the economy, causing a loss of productivity due to human health problems, as well as mounting medical bills. Ozone is a major contributor to a variety of respiratory problems, including decreased lung function, asthma, and emphysema. According to the American Lung Association, ozone is " one of the most damaging and most pervasive of the common outdoor pollutants." The cost of medical care for these conditions and the lost production from sick days is a tremendous burden on polluted areas.

Ozone also negatively affects our natural environment, with consequences ranging from decreased agricultural production and forest damage to diminished aesthetic conditions.

Commercial forestry and agriculture experience lower yields and lower profits due to ozonerelated plant damage. The beauty of our national parks and other natural spaces is obscured behind some of the worst air pollution in the nation. National parks are designated as Class I areas that warrant the strictest air pollution protection under the Clean Air Act, yet they continue to experience forest damage due to elevated levels of ozone.

The switch to an 8 hour standard of 80 parts per billion is a step in the right direction. However,

it will do little to improve the current state of the air unless it is implemented in a timely and effective manner. The proposal set forth by the EPA allows too much leeway for nonattainment areas. Attainment deadlines need to be enforced and not extended, pushing the heaviest polluters to clean up their systems on schedule. New source review and transportation conformity cannot be left out of Early Action Compacts, which, if they were, could cause an uneven distribution of air pollution within a region. The Clean Air Act needs to be enforced in its entirety, without weakening various provisions at the expense of our health.

Before I conclude, I would like to share my own experiences of living with ozone pollution. I grew up and still live in San Bernardino County in California, the county with the worst ozone pollution in the country. As a child, my lungs would hurt after swimming in the pool or playing outside. Even now, clear views of the local mountains happen only in winter, if we're lucky.

Group hiking trips into the hills surrounding UCR are often cancelled due to the dense cloud of particulates and smog that rest against the hills. In fact, San Bernardino National Forest is prime for the largest forest fire there in recent history, in part due to ozone damage of plant tissues.

Presently, I have been living in Washington, DC for a week, and instead of jogging past monuments and museums, I exercise in a building, unable to enjoy the sights of our beautiful capital. I do this to protect my health, because the regulations do not.

In conclusion, it is my opinion that nonattainment areas have had too long already to fix the ozone pollution problem. The quality and duration of human life are influenced by the decisions that will be made regarding this issue. I ask the EPA to protect human health and the natural environment by implementing and enforcing a more forceful ozone implementation policy.

Thank you.

Contact Information: Heather Quinlan 11840 Overland Dr. Fontana, CA 92337 ( 202) 454 3316 ( 909) 333 3749 ( cell) quinlh01@ juno. com


[Federal Register: May 20, 2010 (Volume 75, Number 97)]
[Notices]
[Page 28314-28315]
[DOCID:fr20my10-5196]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62101; File No. SR-ISE-2010-40]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend ISE Rule 502(k)

May 13, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 3, 2010, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') 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 Exchange has filed the proposal as a ``non-controversial'' proposed
rule change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and
Rule 19b-4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to revise ISE Rule 502(k) to amend the
definition of Futures-Linked Securities for the trading of options on
Index-Linked Securities. The text of the proposed rule change is
available on the Exchange's Web site http://www.ise.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The 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
    ISE Rule 502(k) designates the listing and trading of options on
equity index-linked securities (``Equity Index-Linked Securities''),
commodity-linked securities (``Commodity-Linked Securities''),
currency-linked securities (``Currency-Linked Securities''), fixed
income index-linked securities (``Fixed Income Index-Linked
Securities''), futures-linked securities (``Futures-Linked
Securities'') and multifactor index-linked securities (``Multifactor
Index-Linked Securities''), collectively known as ``Index-Linked
Securities'' that are principally traded on a national securities
exchange and an ``NMS Stock'' (as defined in Rule 600 of Regulation NMS
under the Securities and Exchange Act of 1934). The Exchange proposes
to amend the definition of Futures-Linked Securities for the trading of
options on Index-Linked Securities to include products linked to CBOE
Volatility Index (``VIX'') Futures. Specifically, the Exchange proposes
to add the VIX Futures to the definition of a Futures Reference Asset
in ISE Rule 502(k)(1)(v).
    Index-Linked Securities are designed for investors who desire to
participate in a specific market segment by providing exposure to one
or more identifiable underlying securities, commodities, currencies,
derivative instruments or market indexes of the foregoing (``Underlying
Index'' or ``Underlying Indexes''). Index-Linked Securities are the
non-convertible debt of an issuer that have a term of at least one (1)
year but not greater than thirty (30) years. Despite the fact that
Index-Linked Securities are linked to an underlying index, each trade
as a single, exchange-listed security. Accordingly, rules pertaining to
the listing and trading of standard equity options apply to Index-
Linked Securities.
    Currently, the Exchange will consider listing and trading options
on Index-Linked Securities provided the Index-Linked Securities meet
the criteria for underlying securities set forth in ISE Rule 502(a)-(b)
or the criteria set forth in ISE Rule 502(k)(3)(ii).
    Index-Linked Securities must meet the criteria and guidelines for
underlying securities set forth in ISE Rule 502(b); or the Index-Linked
Securities must be redeemable at the option of the holder at least on a
weekly basis through the issuer at a price related to the applicable
underlying Reference Asset.\5\ In addition, the issuing company is
obligated to issue or repurchase the securities in aggregation units
for cash or cash equivalents satisfactory to the issuer of Index-Linked
Securities which underlie the option as described in the Index-Linked
Securities prospectus.
---------------------------------------------------------------------------

    \5\ For the purposes of Rule 502(k), Equity Reference Assets,
Commodity Reference Assets, Currency Reference Assets, Fixed Income
Reference Assets, Futures Reference Assets and Multifactor Reference
Assets, will be collectively referred to as ``Reference Assets.''
See Rule 502(k)(2).
---------------------------------------------------------------------------

    Options on Index-Linked Securities will continue to be subject to
all Exchange rules governing the trading of equity options. The current
continuing or maintenance listing standards for options traded on ISE
will continue to apply.
The VIX
    The information in this filing relating to the VIX was taken from
the Web site of the Chicago Board Options Exchange (the ``CBOE'').
    The VIX was originally developed by the CBOE in 1993 and was
calculated using S&P 100[reg] Index options. The current methodology
for the VIX was introduced by the CBOE in September 2003 and it is now
an index that uses the quotes of certain S&P 500[reg] Index (``SPX'')
option series to derive a measure of the volatility of the U.S. equity
market. The VIX measures market expectations of near term volatility
conveyed by the prices of options on the SPX. It provides investors
with up-to-the-minute market estimates of expected stock market
volatility over the next 30 calendar days by extracting implied
volatilities from real-time index option bid/ask quotes.
VIX Futures
    Information regarding VIX Futures can be found on the Web site of
the CBOE Futures Exchange (the ``CFE'').
    The CFE began listing and trading VIX Futures since March 26, 2004
under the ticker symbol VX. VIX Futures trade between the hours of 8:30
a.m.-3:15 p.m. Central Time (Chicago Time).
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (``Exchange
Act'') for this proposed rule change is the requirement under Section
6(b)(5) that an exchange have rules that are designed to promote just
and equitable principles of trade, and to remove impediments to and
perfect the mechanism for a free and open market and a national market
system, and in general, to protect investors and the public interest.
In particular, the

Exchange believes that the proposed rules applicable to trading
pursuant to generic listing and trading criteria, together with the
Exchange's surveillance procedures applicable to trading in the
securities covered by the proposed rules, serve to foster investor
protection.

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

    The proposed rule change does impose any burden on competition that
is not necessary or appropriate in furtherance of the purposes of the
Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of filing (or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest), the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \6\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with 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 fulfilled this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay and designate the proposed rule change as operative
upon filing. The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest. The proposed rule change is substantially similar to those of
other options exchanges that have been previously approved by the
Commission \8\ and does not appear to present any novel regulatory
issues. Therefore, the Commission designates the proposal operative
upon filing to enable the Exchange to list and trade options on index-
linked securities without delay.\9\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release Nos. 60822 (October 14,
2009), 74 FR 54114 (October 21, 2009) (SR-NYSEArca-2009-77); 60823
(October 14, 2009), 74 FR 54112 (October 21, 2009) (SR-NYSEAmex-
2009-59); and 60857 (October 21, 2009), 74 FR 55611 (October 28,
2009) (SR-CBOE-2009-74).
    \9\ For purposes only of waiving the operative delay of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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 the furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2010-40 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2010-40. 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/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2010-40 and should be
submitted on or before June 10, 2010.
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-12068 Filed 5-19-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Rules and Regulations]
[Pages 35753-35755]
[FR Doc No: 2011-15308]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1199]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Deputy Federal
Insurance and Mitigation Administrator reconsider the changes. The
modified BFEs may be changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,

(202) 646-4064, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

    Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Jefferson.....................  Unincorporated areas   April 6, 2011; April  The Honorable David        August 11, 2011................       010217
                                     of Jefferson County    13, 2011; The         Carrington, President,
                                     (10-04-7732P).         Alabama Messenger.    Jefferson County
                                                                                Commission, 716 Richard
                                                                                Arrington Jr. Boulevard
                                                                                North, Birmingham, AL
                                                                                35203.
    Tuscaloosa....................  City of Tuscaloosa     April 4, 2011; April  The Honorable Walter       April 29, 2011.................       010203
                                     (10-04-6941P).         11, 2011; The         Maddox, Mayor, City of
                                                            Tuscaloosa News.      Tuscaloosa, 2201
                                                                                University Boulevard,
                                                                                Tuscaloosa, AL 35401.
Arizona:
    Maricopa......................  City of Tolleson (10-  April 26, 2011; May   The Honorable Adolfo F.    April 18, 2011.................       040055
                                     09-3593P).             3, 2011; The West     G[aacute]mez, Mayor,
                                                            Valley Business.      City of Tolleson, 9555
                                                                                West Van Buren Street,
                                                                                Tolleson, AZ 85353.
    Mohave........................  City of Lake Havasu    April 7, 2011; April  The Honorable Mark S.      March 28, 2011.................       040116
                                     City (10-09-2386P).    14, 2011; The         Nexsen, Mayor, City of
                                                            Today's News-Herald.  Lake Havasu City, 2330
                                                                                McCulloch Boulevard,
                                                                                Lake Havasu City, AZ
                                                                                86403.
    Yavapai.......................  Unincoporated areas    April 7, 2011; April  The Honorable Carol        August 12, 2011................       040093
                                     of Yavapai County      14, 2011; The Daily   Springer, Chair, Yavapai
                                     (11-09-0165P).         Courier.              County Board of
                                                                                Supervisors, 1015 Fair
                                                                                Street, Prescott, AZ
                                                                                86305.
Colorado:
    Arapahoe......................  City of Aurora (10-08- March 17, 2011;       The Honorable Ed Tauer,    March 10, 2011.................       080002
                                     0937P).                March 24, 2011; The   Mayor, City of Aurora,
                                                            Aurora Sentinel.      15151 East Alameda
                                                                                Parkway, Aurora, CO
                                                                                80012.
    Mesa..........................  Unincorporated areas   May 3, 2011; May 10,  The Honorable Janet        April 26, 2011.................       080115
                                     of Mesa County (11-    2011; The Daily       Rowland, Chair, Mesa
                                     08-0384P).             Sentinel.             County Board of
                                                                                Commissioners, P.O. Box
                                                                                20000, Grand Junction,
                                                                                CO 81502.
    Routt.........................  City of Steamboat      May 1, 2011; May 8,   Mr. Jon B. Roberts, City   September 6, 2011..............       080159
                                     Springs (11-08-        2011; The Steamboat   of Steamboat Springs
                                     0283P).                Pilot & Today.        Manager, P.O. Box
                                                                                775088, Steamboat
                                                                                Springs, CO 80477.
Florida:
    Monroe........................  Unincorporated areas   April 6, 2011; April  The Honorable Heather      August 11, 2011................       125129
                                     of Monroe County (11-  13, 2011; The Key     Carruthers, Mayor,
                                     04-2239P).             West Citizen.         Monroe County, 530
                                                                                Whitehead Street, Key
                                                                                West, FL 33040.
    Volusia.......................  Unincorporated areas   April 7, 2011; April  Mr. James Dinneen,         August 12, 2011................       125155
                                     of Volusia County      14, 2011; The         Volusia County Manager,
                                     (10-04-4834P).         Beacon.               123 West Indiana Avenue,
                                                                                DeLand, FL 32720.
Georgia:

    Bryan.........................  Unincorporated areas   April 6, 2011; April  The Honorable Jimmy        August 11, 2011................       130016
                                     of Bryan County (10-   13, 2011; The Bryan   Burnsed, Chairman, Bryan
                                     04-4427P).             County News.          County Board of
                                                                                Commissioners, 51 North
                                                                                Courthouse Street,
                                                                                Pembroke, GA 31321.
    Forsyth.......................  Unincorporated areas   March 23, 2011;       The Honorable Brian R.     July 28, 2011..................       130312
                                     of Forsyth County      March 30, 2011; The   Tam, Chairman, Forsyth
                                     (11-04-1171P).         Forsyth County News.  County Board of
                                                                                Commissioners, 110 East
                                                                                Main Street, Suite 210,
                                                                                Cumming, GA 30040.
Montana:
    Yellowstone...................  Unincorporated areas   March 31, 2011;       The Honorable Bill         August 5, 2011.................       300142
                                     of Yellowstone         April 7, 2011; The    Kennedy, Chairman,
                                     County (10-08-0854P).  Billings Gazette.     Yellowstone County Board
                                                                                of Commissioners, P.O.
                                                                                Box 35000, Billings, MT
                                                                                59107.
Nevada:
    Douglas.......................  Unincorporated areas   April 6, 2011; April  The Honorable Michael A.   August 11, 2011................       320008
                                     of Douglas County      13, 2011; The         Olson Chairman, Douglas
                                     (10-09-3566P).         Record-Courier.       County Board of
                                                                                Commissioners, 3605
                                                                                Silverado Drive, Carson
                                                                                City, NV 89705.
North Carolina:
    Caldwell......................  Unincorporated areas   January 20, 2011;     Mr. Stan Kiser, Caldwell   May 27, 2011...................       370039
                                     of Caldwell County     January 27, 2011;     County Manager, P.O. Box
                                     (10-04-7739P).         The Lenoir News-      2200, 905 West Avenue
                                                            Topic.                Northwest, Lenoir, NC
                                                                                28645.
    Columbus......................  Unincorporated areas   April 7, 2011; April  Mr. Giles E. Byrd,         August 12, 2011................       370305
                                     of Columbus County     14, 2011; The News    Chairman, Columbus
                                     (10-04-6815P).         Reporter.             County Board of
                                                                                Commissioners, 112 West
                                                                                Smith Street,
                                                                                Whiteville, NC 28472.
    Durham........................  City of Durham (10-04- March 30, 2011;       The Honorable William V.   August 4, 2011.................       370086
                                     4374P).                April 6, 2011; The    Bell, Mayor, City of
                                                            Herald-Sun.           Durham, 101 City Hall
                                                                                Plaza, Durham, NC 27701.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: June 10, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-15308 Filed 6-17-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Notices]
[Pages 1965-1966]
[FR Doc No: 2021-00242]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2020-0403; FRL-10018-71-OMS]

Information Collection Request; Comment Request; National
Emission Standards for Hazardous Air Pollutants (NESHAP) for Radon
Emissions From Operating Mill Tailings (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Radon Emissions from
Operating Mill Tailings (EPA ICR Number 2464.03, OMB Control Number
2060-0706) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
proposed extension of the ICR, which is currently approved through
December 31, 2020. Public comments were previously requested via the
Federal Register on August 20, 2020 during a 60-day comment period.
This notice allows for an additional 30 days for public comments. A
fuller description of the ICR is given below, including its estimated
burden and cost to the public. An agency may not conduct or sponsor and
a person is not required to respond to a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before February 10,
2021.

ADDRESSES: Submit your comments to EPA, referencing Docket ID No. EPA-

HQ-OAR-2020-0403, online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that all
comments received will be included in the public docket without change
including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Jonathan P. Walsh, Radiation
Protection Division, Office of Radiation and Indoor Air, Mail Code
6608T, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
343-2304; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: On January 17, 2017, EPA issued final revisions to the
NESHAP for Radon Emissions from Operating Mill Tailings, codified at 40
CFR part 61, subpart W. These revisions were promulgated as part of a
review of pre-1990 NESHAPs pursuant to Clean Air Act Section 112(q)(1).
Included in the final revisions was a requirement that owners and
operators of uranium recovery facilities maintain specific records
pertaining to the design, construction and operation of the uranium
tailings impoundments, both conventional and non-conventional, and heap
leach piles. These records are to be retained at the facility and
contain information regarding the approved design of the impoundments
and/or heap leach pile, including but not limited to, all tests
performed that prove the liner is compatible with the material(s) being
placed on the liner. For non-conventional impoundments this requirement
also includes written and digital photographic records showing
compliance with the requirement to maintain liquid in the impoundment
such that any solid materials in the impoundment are not visible above
the liquid level. Both the retention of design documents required for
all impoundments and the records generated during inspections to meet
the liquid retention requirement for non-conventional impoundments were
new requirements for collection of information that is not covered
under the already existing ICR for radionuclide NESHAPs, EPA Number
1100.16, OMB Number 2060-0191.
    Information collected is used by EPA to ensure that public health
continues to be protected from the hazards of airborne radionuclides by
compliance with these standards. Compliance is demonstrated through
inspection. All facilities are required to maintain their records for
the operational lifetime of the facility. In some cases, they also
report their results to EPA.
    Form Numbers: None.
    Respondents/affected entities: The North American Industry
Classification System (NAICS) codes of facilities associated with the
activity of the respondents are: Uranium-Radium-Vanadium Ore Mining--
212291.
    Respondent's obligation to respond: Mandatory (CAA, Sec, 112; 40
CFR part 61).
    Estimated number of respondents: 9 (total).
    Frequency of response: Reporting (submission of digital
photographs) at least monthly; more frequent or one-time collection of
records, depending on activity.
    Total estimated burden: 1,806 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $115,812 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is a decrease of 5,347 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This decrease is mainly attributable to a reduction in
the number of estimated respondents. The initial ICR identified a
larger universe of respondents that could potentially be subject to the
newly defined requirements, many of which were (and remain) in the
process of licensing and development. It is estimated that no
additional facilities will become subject to these requirements in the
next few years. The Agency has also made a minor adjustment, based on
consultations and public comments received, in the estimated number of
hours to read and become familiar with the requirements resulting from
the transition of the SWIPR system from a start-up to an operations-
and-maintenance mode.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-00242 Filed 1-8-21; 8:45 am]
BILLING CODE 6560-50-P