[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Rules and Regulations]
[Page 5991-5994]
[DOCID:fr04fe09-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 6

[EPA-HQ-OECA-2009-0006; FRL-8766-2]
RIN 2020-AA48

Procedures for Implementing the National Environmental Policy Act
and Assessing the Environmental Effects Abroad of EPA Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is issuing a direct final rule to make corrections to its
rule entitled ``Procedures for Implementing the National Environmental
Policy Act and Assessing the Effects Abroad of EPA Actions,'' which was
published September 19, 2007. Since the final rule became effective on
October 19, 2007, EPA has received inquiries about some minor
inconsistencies and ambiguities in the final rule. This action involves
four minor, technical corrections to the rule to address those issues.
The first correction expands the definition of ``applicants'' to
include those who request EPA approvals. The second change clarifies
that a categorical exclusion includes vacant land. The third change
corrects the text to indicate that the number of extraordinary
circumstances is ten. The last change expands Subpart C to apply to EPA
approvals as well as permits and assistance grants.

DATES: This rule is effective on April 6, 2009 without further notice,
unless EPA receives adverse comment by March 6, 2009. If EPA receives
adverse comment, we will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2009-0006, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>, Attention: Robert Hargrove.
     Mail: EPA-HQ-OECA-2009-0006, Environmental Protection
Agency, EPA Docket Center (EPA/DC), Enforcement and Compliance Docket
and Information Center, Mailcode: 2201T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
     Hand Delivery: Public Reading Room, Room B102, Enforcement
and Compliance Docket and Information Center, EPA West Building, 1301
Constitution Avenue, NW., Washington, DC 20004. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2009-0006. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://

www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Public Reading
Room, Room B102, Enforcement and Compliance Docket and Information
Center, EPA West, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OECA
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Robert Hargrove, Office of Enforcement
and Compliance Assurance, NEPA Compliance Division (MC 2252A),
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0072; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This preamble is organized according to the
following outline:

I. General Information
    A. Why Is EPA Using a Direct Final Rule?
    B. Does This Rule Apply to Me?
    C. Statutory Authority
    D. Background
II. EPA's Final Action
III. Statutory and Executive Order Reviews

I. General Information

A. Why Is EPA Using a Direct Final Rule?

    EPA is publishing this rule without a prior proposed rule because
we view this as a non-controversial action and anticipate no adverse
comment. The four changes that are being made to the rule involve no
substantive or procedural changes. However, in the ``Proposed Rules''
section of today's Federal Register, we are publishing a separate
document that will serve as the proposed rule to make these four
corrections if adverse comments are received on this direct final rule.
We will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
    If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.

B. Does This Rule Apply to Me?

    Those subject to this rule include EPA employees who must comply
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4347), and certain grant and permit applicants who must submit
environmental information documentation to EPA for their proposed
projects.

C. Statutory Authority

    NEPA establishes the federal government's national policy for
protection of the environment. The CEQ Regulations at 40 CFR parts 1500
through 1508 establish procedures implementing this national policy.
The CEQ's Regulations (40 CFR 1505.1) require federal agencies to adopt
and, as needed, revise their own NEPA implementing procedures to
supplement the CEQ Regulations and to ensure their decision-making
processes are consistent with NEPA.

D. Background

    On September 19, 2007 (72 FR 53652), EPA published a final rule
amending its regulations for implementing NEPA and Executive Order
12114, ``Environmental Effects Abroad of Major Federal Actions.'' The
Agency amended its NEPA implementing procedures by: (1) Consolidating
and standardizing the procedural provisions and requirements of the
Agency's environmental review process under NEPA; (2) clarifying the
general procedures associated with categorical exclusions,
consolidating the categories of actions subject to categorical
exclusion, amending existing and adding new categorical exclusions, and
consolidating and amending existing and adding new extraordinary
circumstances; (3) consolidating and amending the listing of actions
that generally require an environmental impact statement; (4)
clarifying the procedural requirements for consideration of applicable
environmental review laws and executive orders; and (5) incorporating
other proposed revisions consistent with CEQ Regulations. The final
rule supplements and is used in conjunction with the CEQ NEPA
Regulations. 40 CFR Part 6 also includes EPA's procedures, ``Assessing
the Environmental Effects Abroad of EPA Actions,'' that implement
Executive Order 12114, ``Environmental Effects Abroad of Major Federal
Actions'' (see 46 FR 3364). The final rule included minor, technical
amendments to EPA's procedures for implementing the Order.

II. EPA's Final Action

    Following the publication of the final rule, four minor errors were
discovered. Through this direct final rule, the Agency is correcting
these errors. The first correction is a minor expansion of the
definition of ``applicant,'' found at 40 CFR 6.102(b)(2). The revised
definition now includes those who request EPA approval in addition to
those who request financial assistance or who are applying to EPA for a
permit. The next correction involves the categorical exclusion (CE)
found at 40 CFR 6.204(a)(2)(vi). That CE allows for the acquisition,
transfer, lease, disposition or closure of existing permanent
structures, land, equipment, materials, or personal property as long as
a number of provisions are met. The CE is being corrected to include
vacant land because the acquisition of vacant land meets the required
provisions. The third correction is to 40 CFR 6.204(f)(2)(ii), which
states that there are 14 extraordinary circumstances. The final rule,
however, contains only ten extraordinary circumstances. The last
correction is to 40 CFR 6.300(a), which is being expanded to apply to
those who are requesting other EPA approvals. Accordingly, EPA is
correcting these minor errors through this direct final rule.
    We are publishing this rule without prior proposal because the
Agency

views this as a non-controversial action and anticipates no adverse
comments. However, in the proposed rules section of this Federal
Register publication, EPA is publishing a separate document that will
serve as the proposal should adverse comments be filed. This action
will be effective April 6, 2009, without further notice unless the EPA
receives relevant adverse comments by March 6, 2009.
    If we receive adverse comments, we will publish a document
withdrawing this final rule and informing the public that it will not
take effect. In that case, all public comments received will be
addressed in a subsequent final rule based on the proposed rule that is
being published in today's Federal Register. We will not institute a
second comment period. Parties interested in commenting should do so at
this time. If no adverse comments are received, the public is advised
that this rule will be effective on April 6, 2009 and no further action
will be taken on the proposed rule.

III. Statutory and Executive Order Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. This action
merely makes technical corrections to a recently-finalized rule, and
does not impose any additional requirements. This rule does not impose
an information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This action contains
no Federal mandates under the provisions of Title II of the Unfunded
Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 for State,
local, or tribal governments or the private sector. Therefore, this
action is not subject to the requirements of sections 202 or 205 of the
UMRA. Because this rule does not impose any additional enforceable
duty, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This action also does not have federalism implications because it
does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). Thus, Executive Order 13132 does not apply to this rule.
This action merely makes technical corrections to a recently-finalized
rule and does not alter the relationship or the distribution of power
and responsibilities.
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 97249, November 9, 2000). Thus, Executive Order 13175 does not apply
to this action. EPA interprets EO 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the EO has the potential to influence the regulation. This action is
not subject to EO 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866. This action does not involve technical
standards. Therefore, EPA did not consider the use of any voluntary
consensus standards. The requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action merely makes technical corrections to a
recently-finalized rule, and these corrections have no effect on
minority or low-income populations.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of Congress and to the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined. 5 U.S.C.
804(2). This rule will be effective April 6, 2009.

List of Subjects in 40 CFR Part 6

    Environmental protection, Environmental assessments, Environmental
impact statements, Environmental protection reporting, Foreign
relations, Grant programs--environmental protection, Reporting and
recordkeeping requirements.

    Dated: January 15, 2009.
Stephen L. Johnson,
Administrator.

0
Therefore, for the reasons set forth in the preamble, EPA hereby amends
title 40, chapter I of the Code of Federal Regulations as follows:

PART 6--[AMENDED]

0
1. The authority citation for Part 6 continues to read as follows:

    Authority: 42 U.S.C. 4321 et seq.; 7401-7671q unless otherwise
noted.

0
2. Section 6.102(b)(2) is revised to read as follows:

Sec.  6.102  Definitions.

* * * * *
    (b) * * *
    (2) Applicant means any individual, agency, or other entity that
has:
    (i) Filed an application for federal assistance;
    (ii) Applied to EPA for a permit; or
    (iii) Requested other EPA approval.
* * * * *

0
3. Section 6.204 is amended by revising paragraphs (a)(2)(vi) and
(f)(2)(ii) to read as follows:

Sec.  6.204  Categorical exclusions and extraordinary circumstances.

* * * * *
    (a) * * *
    (2) * * *
    (vi) Actions involving the acquisition, transfer, lease,
disposition, or closure of existing permanent structures, land,
equipment, materials or personal property provided that the property:
Is either vacant or has been used solely for office functions; has
never been used for laboratory purposes by any party; does not require
site remediation; and will be used in essentially the same manner such
that the type and magnitude of the impacts will not change
substantially. This category does not include activities related to
construction and/or

demolition of structures on the property (see paragraph (a)(1)(i) of
this section).
* * * * *
    (f) * * *
    (2) * * *
    (ii) Actions covered by the proposed categorical exclusion
generally do not involve extraordinary circumstances as set out in
paragraphs (b)(1) through (b)(10) of this section and generally do not
require preparation of an EIS; and
* * * * *

0
4. Section 6.300(a) is revised to read as follows:

Sec.  6.300  Applicability.

    (a) This section applies to actions that involve applications to
EPA for permits or assistance agreements, or request other EPA
approval.
* * * * *
[FR Doc. E9-2353 Filed 2-3-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69840-69842]
[FR Doc No: 2012-28210]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0252; FRL-9370-2]

Iodomethane; Notice of Receipt of Request to Voluntarily Cancel
Iodomethane Pesticide Registrations and Amend a Registration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of a
request by the registrant to voluntarily cancel the registrations of
products containing the pesticide iodomethane. In addition, the
registrant has amended the terms and conditions of registration for
their iodomethane technical product so that as of January 1, 2013,
Arysta LifeScience North America, LLC (Arysta) will not sell or
distribute this product unless it bears a label statement. The
registrant's request would terminate the last iodomethane products
registered for use in the United States. EPA intends to grant this
request at the close of the comment period for this announcement unless
the Agency receives substantive comments within the comment period that
would merit its further review of the request. If EPA issues a final
order granting this request, the sale, distribution, or use of the
products listed in this notice will be permitted only in accordance
with the terms as described in the final order.

DATES: Comments must be received on or before December 21, 2012.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0252, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Andrea Mojica, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background on the Receipt of Requests To Cancel

    This notice announces receipt by EPA of a request from Arysta to
cancel all of its iodomethane product registrations. Iodomethane is a
pre-plant soil fumigant used to control pests in soil where fruits,
vegetables, ornamental plants, and turf will be grown. In a Memorandum
of Agreement (MOA), Arysta and EPA agreed to cancel and amend the
pesticide product registrations identified in Tables 1 and 2 of Unit
III. Specifically, the MOA contains Arysta's irrevocable request that
its end-use products, EPA Registration Numbers 66330-43, 66330-57,
66330-58, 66330-59, and 66330-60, will be canceled effective December
31, 2012, and that its iodomethane technical product, EPA Registration
Number 66330-44 will be canceled effective December 1, 2015. The MOA
also adds a condition of registration to the technical product's
registration that as of January 1, 2013, Arysta will not sell or
distribute this product unless its label bears the following statement:

    It is unlawful to use this product for any purpose in the United
States, except for formulation of products intended for export
consistent with the requirements of FIFRA section 17.

(The request for amendment is conditioned on the issuance of a
cancellation order including the requested effective dates and existing
stocks provisions.) Granting the registrant's cancellation request
would terminate the last iodomethane products registered in the United
States.

III. What action is the agency taking?

    This notice announces receipt by EPA of the request to cancel the
iodomethane product registrations described in Unit II. The affected
products and the registrant making the requests are identified in
Tables 1-3 of this unit.
    Unless the Agency receives substantive comments in response to this
notice that warrant further review of this request, EPA intends to
issue an order canceling the affected registrations on the requested
effective dates.

                Table 1--Iodomethane Product Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
        Registration No.              Product name                               Company
----------------------------------------------------------------------------------------------------------------
66330-43.......................  Midas 98:2............  Arysta LifeScience North America, LLC.
66330-44.......................  Iodomethane Technical.  Arysta LifeScience North America, LLC.
66330-57.......................  Midas 50:50...........  Arysta LifeScience North America, LLC.
66330-58.......................  Midas EC Bronze.......  Arysta LifeScience North America, LLC.
66330-59.......................  Midas 33:67...........  Arysta LifeScience North America, LLC.
66330-60.......................  Midas EC Gold.........  Arysta LifeScience North America, LLC.
----------------------------------------------------------------------------------------------------------------

                  Table 2--Iodomethane Product Registration With Pending Requests for Amendment
----------------------------------------------------------------------------------------------------------------
        Registration No.              Product name                               Company
----------------------------------------------------------------------------------------------------------------
66330-44.......................  Iodomethane Technical.  Arysta LifeScience North America, LLC.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the name and address of record for
the registrant of the products listed in Table 1 and Table 2 of this
unit. This number corresponds to the first part of the EPA registration
numbers of the products listed in Table 1 and Table 2 of this unit.

  Table 3--Registrant Requesting Voluntary Cancellation and Amendments
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         EPA Company No.                  Company name and address
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66330............................  Arysta LifeScience North America,
                                    15401 Weston Parkway, Suite 150,
                                    Cary, NC 27513.
------------------------------------------------------------------------

IV. What is the agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register.
    Section 6(f)(1)(B) of FIFRA requires that before acting on a
request for voluntary cancellation, EPA must provide a 30-day public
comment period on the request for voluntary cancellation or use
termination. In addition, FIFRA section 6(f)(1)(C) requires that EPA
provide a 180-day comment period on a request for voluntary
cancellation or termination of any minor agricultural use before
granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The iodomethane registrant has requested that EPA waive the 180-day
comment period. Accordingly, EPA will provide a 30-day comment period
on the proposed requests.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the request for voluntary cancellation is granted, the
Agency intends to publish the cancellation order in the Federal
Register. EPA intends to include in any such final order the following
provisions for the treatment of any existing stocks of the product(s)
listed in Tables 1 and 2 of Unit III.
    In any final order granting Arysta's request for voluntary
cancellation of its iodomethane technical/manufacturing-use product
registration, as of the effective date of the cancellation order, all
sale and distribution of existing stocks of Arysta's iodomethane
technical/manufacturing-use product by Arysta shall be prohibited
unless the sale or distribution is for proper disposal or is solely for
purposes of export consistent with the requirements of section 17 of
FIFRA. In any final order granting Arysta's request for voluntary
cancellation of end-use product registrations:
    1. As of the effective date of the cancellation order, Arysta is
prohibited from distributing or selling existing stocks of end-use
products, unless the

sale or distribution is for proper disposal, or is solely for export
consistent with the requirements of FIFRA section 17;
    2. As of the effective date of the cancellation order, persons
other than Arysta are prohibited from distributing or selling existing
stocks of Arysta's end-use products, unless the sale or distribution is
for proper disposal, return to Arysta, or is intended solely for export
consistent with the requirements of FIFRA section 17; and
    3. As of the effective date of the cancellation order, no person
may use any existing stocks of any of Arysta's end-use products.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 14, 2012.
Richard P. Keigwin, Jr.
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2012-28210 Filed 11-20-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Pages 67037-67038]
[FR Doc No: 2012-27318]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68144; File No. SR-CBOE-2012-103]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change to CBSX Rule 53.24

November 2, 2012.
    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 October 25, 2012, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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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 purpose of the filing is to amend Rule 53.24 (Quote
Maintenance) of the CBOE Stock Exchange, LLC (``CBSX'') to delete
references to the automatic quote regeneration and quote risk monitor
functions. The text of the proposed rule change is available on the
Exchange's Web site (http://www.cboe.org/legal), at the Exchange's
Office of the Secretary, and at the Commission.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 parts of such statements.

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

1. Purpose
    The purpose of the filing is to eliminate Rule 53.24(b) (Automatic
Quote Regeneration) and Rule 53.24(c) (Quote Risk Monitor Function)
from CBOE Stock Exchange, LLC's (``CBSX'') Rule 53.24 (Quote
Maintenance). Pursuant to Rule 53.24(b), once the CBSX system is so
enabled, a CBSX Remote Market-Maker may have the CBSX system
automatically regenerate its quote when its bid or offer is filled.
Pursuant to Rule 53.24(c), the CBSX system may provide a CBSX Market-
Maker the opportunity to establish a share volume limit for a specific
security for a specific period of time. In the event that trades
against a CBSX Market-Maker's quotes exceed the established volume
limit, the CBSX System will cancel that Market-Maker's remaining quotes
for that security. To date, neither the automatic quote regeneration
nor the quote risk monitor function has been made available or been
used. The Exchange also has no

intention of enabling the CBSX system to provide for either function.
Reference to these features is therefore unnecessary and accordingly,
the Exchange proposes to eliminate Rule 53.24(b) (Automatic Quote
Regeneration) and Rule 53.24(c) (Quote Risk Monitor Function) from its
rules.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') \3\ and the rules and
regulations thereunder and, in particular, the requirements of Section
6(b) of the Act.\4\ Specifically, the Exchange believes the proposed
rule change is consistent with the Section 6(b)(5) \5\ requirements
that the rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system, and, in general, to protect
investors and the public interest. Since neither the automatic quote
regeneration nor the quote risk monitor functions have ever been made
available or used, and as the Exchange has no intention of providing
for such, the Exchange would like to remove reference to them from its
rules, which would maintain clarity in the rules and reduce possible
confusion.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(1).
    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing rule does not (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change at least five business days prior to the date of
filing of the proposed rule change or such shorter time as designated
by the Commission, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6)
thereunder.\7\ At any time within 60 days of the filing of such
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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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-CBOE-2012-103 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-CBOE-2012-103. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml.) Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the CBOE. 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-CBOE-2012-103 and should be
submitted on or before November 29, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-27318 Filed 11-7-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38377-38381]
[FR Doc No: 2021-15339]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92404; File No. SR-Phlx-2021-41]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Various
Phlx Rules

July 14, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 13, 2021, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed with
the Securities

and Exchange Commission (``SEC'' or ``Commission'') the 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Phlx Rules at Options 8, Section 2
(Definitions); Section 8 (Trading Floor Registration); Section 12
(Clerks); Section 22 (Execution of Options Transactions on the Trading
Floor); Section 28 (Responsibilities of Floor Brokers); and Section 39
(Option Minor Rule Violations and Order and Decorum Regulations) at C-2
(Options Floor Based Management System).
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Phlx Rules at Options 8, Section 2
(Definitions); Section 8 (Trading Floor Registration); Section 12
(Clerks); Section 22 (Execution of Options Transactions on the Trading
Floor); Section 28 (Responsibilities of Floor Brokers); and Section 39
(Option Minor Rule Violations and Order and Decorum Regulations) at C-2
(Options Floor Based Management System). Each change is described
below.
    The Exchange also proposes a technical amendment to Options 10,
Section 20 (Options Communications).
Options 8, Section 2
    The Exchange proposes to amend Options 8, Section 2, Definitions,
to alphabetize the existing definitions. The Exchange proposes to
relocate and renumber the current definitions without change, with one
exception which is described below. The Exchange proposes to amend the
definition of a Presiding Exchange Official at current Options 8,
Section 2(a)(4) to add ``/her'' next to ``his'' in two places. The
amendment to this rule will bring greater clarity to the defined term.
    The Exchange proposes to add two new definitions, ``Floor
Transaction'' and ``Remote FBMS Transaction'' to Options 8, Section 2.
The Exchange proposes to define ``Floor Transaction'' as a transaction
that is effected in open outcry on the Exchange's Trading Floor. This
term is currently defined within Phlx Options 7, Section 1 for the
purposes of pricing. The Exchange also proposes to define ``Remote FBMS
Transaction.'' The Exchange recently amended Options 8, Section 28,
``Responsibilities of Floor Brokers'' at subsection (g) and Section 30,
``Crossing, Facilitation and Solicited Orders'' at subsection (e) to
permit Floor Brokers to utilize the Options Floor Based Management
System (``FBMS''),\3\ remotely,\4\ to enter certain orders that do not
require exposure in open outcry.\5\ At this time the Exchange proposes
to define a ``Remote FBMS Transaction'' as a transaction that is
effected by a Floor Broker, while not physically present on the Trading
Floor, by submitting limit, market or stop orders pursuant to Options
8, Section 28(g) and Floor Qualified Contingent Cross Orders pursuant
to Options 8, Section 30(e) to the electronic order book, through FBMS,
pursuant to Options 8, Sections 28 and 30, respectively, in accordance
with the Prior Rule Change. Further, the Exchange proposes to specify
that members and member organizations must comply with certain
regulatory requirements, unless the member or member organization is
otherwise exempt from the requirements in accordance with Supplementary
Material .08 to Options 10, Section 6 \6\ or Phlx General 4, Rule
1230.\7\ The Exchange proposes to state that in order to conduct remote
FBMS transactions, unless exempt from such requirements, Floor Brokers
are subject to the following regulatory requirements: (1) Compliance
with branch office requirements as described in Supplementary Material
.08 to Options 10, Section 6, as well as supervision of such branch
office as described in Phlx General 9, Section 20; and (2) compliance
with applicable registration requirements described in Phlx General
4.\8\ Finally, the Exchange proposes to make clear that all uses of
FBMS involving open outcry must be conducted while physically present
on the Trading Floor. The proposed definition would describe and cite
to the types of orders that may be submitted remotely by a Floor Broker
for ease of location in the Options 8 Rules. Further, the proposed rule
indicates the various existing Phlx Rules that are relevant today for
regulatory compliance when transacting Remote FBMS Transactions. The
last sentence of the proposed rule indicates that open outcry
transactions may only be effected while physically present on the
Exchange's Trading Floor and therefore uses of FBMS involving open
outcry must be conducted while physically present on the Trading Floor.
Today, Floor Brokers must comply with these regulatory requirements.
This proposed rule would serve as a guide for Floor Brokers conducting
Remote FBMS Transactions.
---------------------------------------------------------------------------

    \3\ FBMS, an order management system, is the gateway for the
electronic execution of equity, equity index and U.S. dollar-settled
foreign currency option orders represented by Floor Brokers on the
Exchange's Options Floor. Floor Brokers contemporaneously upon
receipt of an order and prior to the representation of such an order
in the trading crowd, record all options orders represented by such
Floor Broker to FBMS, which creates an electronic audit trail. The
execution of orders to Phlx's electronic trading system also occurs
via FBMS. The FBMS application is available on hand-held tablets and
stationary desktops.
    \4\ Utilizing FBMS while not physically present on the Trading
Floor would be considered remote access.
    \5\ See Securities Exchange Act Release No. 90909 (January 13,
2021), 86 FR 6389 (January 21, 2021) (SR-Phlx-2021-02) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Modify Phlx Options 8, Section 28, ``Responsibilities of Floor
Brokers'' and Section 30, ``Crossing, Facilitation and Solicited
Orders'') (``Prior Rule Change'').
    \6\ Supplementary Material .08(i)-(vii) to Options 10, Section 6
describe branch office exclusions.
    \7\ Phlx General 4 Rules are incorporated by reference to the
General 4 Rules of The Nasdaq Stock Market LLC. General 4, Rule 1230
describes associated persons exempt from registration.
    \8\ General 4 Rules describe registration, qualification and
continuing education requirements. Phlx floor members are required
to comply with Phlx General 4 Rules. If a member is no longer
present on a trading floor, the member would not be subject to the
exemption associated with effecting transactions on the floor of
another national securities exchange. A Floor Broker conducting a
Remote FBMS Transaction would therefore need to comply with General
4 registration requirements, including but not limited to, the
Series 57 registration.

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

Options 8, Sections 8 and 12
    The Exchange proposes to update cross citations to General 4 Rules
within Options 8, Section 8, Trading Floor Registration and Options 8,
Section 12, Clerks to reflect The Nasdaq Stock Market LLC's
(``Nasdaq'') General 4 rule numbering that was amended.\9\ These
amendments are non-substantive.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 90577 (December 7,
2020), 85 FR 80202 (December 11, 2020) (SR-NASDAQ-2020-079) (Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To
Relocate Its Equity and General Rules From Its Current Rulebook Into
Its New Rulebook Shell).
---------------------------------------------------------------------------

    The Exchange proposes to amend Options 8, Section 12, Clerks, at
subparagraph (c) to remove the phrase ``or assigned to their employer's
clearing firm.'' Previously, Clearing Members operated posts on the
Trading Floor. Member organizations were able to assign clerks to
operate from those posts. Clearing Member posts no longer exist on the
Trading Floor and therefore this language is obsolete.
Options 8, Section 22
    The Exchange proposes to update a citation to Options 8, Section
22(a)(3). The citation is incorrect and should instead refer to Options
8, Section 22(a)(2). There is no Options 8, Section 22(a)(3). Similar
changes are also proposed for Options 8, Section 28(e)(2) and Options
8, Section 39 at C-2 to correct improper citations.
Options 8, Section 28
    The Exchange proposes to amend Options 8, Section 28,
Responsibilities of Floor Brokers, at subsection (g) to replace the
word ``limit'' with ``electronic'' before the term ``order book.'' The
term ``electronic order book'' makes clear the order book is being
described. Also, the Exchange notes that, today, Floor Brokers may
enter limit,\10\ market,\11\ stop-limit or stop orders \12\ into the
electronic order book. Options 8, Section 28(g) only refers to limit
orders when it should have also noted market, stop-limit and stop
orders. With respect to remotely entering limit orders into the
electronic order book through FBMS, the Prior Rule Change stated that
this capability exists to enable Floor Brokers to access electronic
liquidity and/or to clear priority orders on the limit order book prior
to transacting an order in the trading crowd through FBMS.\13\ Placing
limit orders on the electronic order book does not require exposure in
open outcry and allows Floor Brokers the ability to clear resting
Customer orders from the limit order book for their customers in the
event that a Customer order had priority on the limit order book that
would otherwise prevent a Floor Qualified Contingent Cross Order from
being entered in compliance with Options 8, Section 30(e).\14\ The
Exchange notes that Floor Brokers may also utilize market, stop-limit
and stop orders to clear resting Customers' orders from the electronic
order book. Also, placing market, stop-limit and stop orders on the
electronic order book does not require exposure in open outcry today.
---------------------------------------------------------------------------

    \10\ A Limit Order is an order to buy or sell a stated number of
option contracts at a specified price, or better. See Options 8,
Section 32(a)(2).
    \11\ A Market Order is an order to buy or sell a stated number
of option contracts and is to be executed at the best price
obtainable when the order reaches the post. See Options 8, Section
32(a)(1).
    \12\ A Stop-Limit Order is a contingency order to buy or sell at
a limited price when a trade or quote on the Exchange for a
particular option contract reaches a specified price. A Stop-Limit
Order to buy becomes a Limit Order executable at the limit price or
better when the option contract trades or is bid on the Exchange at
or above the stop-limit price. A Stop-Limit Order to sell becomes a
Limit Order executable at the limit price or better when the option
contract trades or is offered on the Exchange at or below the stop-
limit price.
    A Stop Order is a contingency order to buy or sell when a trade
or quote on the Exchange for a particular option contract reaches a
specified price. A Stop Order to buy becomes a Market Order when the
option contract trades or is bid on the Exchange at or above the
stop price. A Stop Order to sell becomes a Market Order when the
option contract trades or is offered on the Exchange at or below the
stop price.
    Notwithstanding the foregoing, a Stop or Stop-Limit Order shall
not be elected by a trade that is reported late or out of sequence.
See Options 8, Section 32(b)(1) and (2).
    \13\ See Securities Exchange Act Release No. 68960 (February 20,
2013), 78 FR 13132, 13134 (February 26, 2013) (SR-Phlx-2013-09)
(Notice of Filing of Proposed Rule Change To Enhance the
Functionality Offered on Its Options Floor Broker Management System
(``FBMS'') by, Among Other Things, Automating Functions Currently
Performed by Floor Brokers). This filing provided the following
explanation, ``For example, if a Floor Broker enters a two-sided
order through the new FBMS and there is an order on the book at a
price that prevents the Floor Broker's order from executing, FBMS
will indicate to the Floor Broker how many contracts need to be
satisfied before the Floor Broker's order can execute at the agreed-
upon price. If the Floor Broker agrees to satisfy that order,
consistent with the order placed in his care, he can cause FBMS to
send a portion of one of his orders to Phlx XL to trade against the
order on the book, thereby clearing it and permitting the remainder
of the Floor Broker's order to trade. This functionality is optional
in the sense that the Floor Broker can decide not to trade against
the book, consistent with order instructions he has been given, and
therefore not execute his two-sided order at that particular
price.'' Phlx XL refers to the electronic order book.
    \14\ See supra note 5.
---------------------------------------------------------------------------

Options 10, Section 20
    The Exchange proposes to update a reference to Phx Rule 1049 within
Options 10, Section 20, Options Communications. Phlx Rule 1049 was the
prior reference to Options 10, Section 20.\15\ At this time the
Exchange proposes to replace ``Nasdaq PHLX Rule 1049'' with ``Options
10, Section 20.'' In addition the Exchange proposes to replace ``Nasdaq
PHLX'' throughout this rule with ``Phlx'' to conform the reference to
the Exchange to the remainder of the Rulebook.
---------------------------------------------------------------------------

    \15\ See Securities Exchange Act Release No. 88213 (February 14,
2020), 85 FR 9859 (February 20, 2020) (SR-Phlx-2020-03) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To
Relocate Rules From Its Current Rulebook Into Its New Rulebook
Shell).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\16\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\17\ in particular, in that it is designed to
promote just and equitable principles of trade and to protect investors
and the public interest.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

Options 8, Section 2
    The Exchange's proposal to alphabetize the existing definitions
within Options 8, Section 2 is consistent with the Act as the
definitions will become easier to locate. Amending the definition of a
Presiding Exchange Official at current Options 8, Section 2(a)(4) to
add ``/her'' next to ``his'' in two places is a non-substantive rule
change. These amendments are intended to bring greater clarity to the
Options 8 Rules.
    The proposal to define ``Floor Transaction'' as a transaction that
is effected in open outcry on the Exchange's Trading Floor is
consistent with the Act. This term is currently defined within Phlx
Options 7, Section 1 for the purposes of pricing. The defined term is
consistent with the use of that term in the current rules. This defined
term will bring greater clarity to the Options 8 Rules.
    The Exchange's proposal to define ``Remote FBMS Transaction'' is
consistent with the Act. The Exchange recently amended Options 8,
Section 28, ``Responsibilities of Floor Brokers'' at subsection (g) and
Section 30, ``Crossing, Facilitation and Solicited Orders'' at
subsection (e) to permit Floor Brokers to utilize the FBMS
remotely,\18\ to enter certain orders that do not require exposure in
open outcry.\19\ The proposed term ``Remote FBMS Transaction'' would
serve to provide members and member organizations a description of the
manner in which a Floor Broker may remotely transact

certain orders while not physically present on the Trading Floor. This
defined term provides the citations to the applicable rules and further
makes clear the current regulatory requirements that apply to such
remote activity. Today, Floor Brokers must comply with these regulatory
requirements provided they are not exempt from those requirements
pursuant to Supplementary Material .08 to Options 10, Section 6 or Phlx
General 4, Rule 1230. Also, the defined term makes clear that all uses
of FBMS involving open outcry must be conducted while physically
present on the Trading Floor. This proposed rule would serve as a guide
for Floor Brokers conducting Remote FBMS Transactions.
---------------------------------------------------------------------------

    \18\ See supra note 4.
    \19\ See supra note 5.
---------------------------------------------------------------------------

Options 8, Sections 8 and 12
    The Exchange's proposal to update cross citations to Nasdaq General
4 Rules within Options 8, Section 8, Trading Floor Registration and
Options 8, Section 12, Clerks is consistent with the Act. These
amendments are non-substantive and will clarify the rules.
    The Exchange's proposal to amend Options 8, Section 12, Clerks at
subparagraph (c) to remove the phrase ``or assigned to their employer's
clearing firm'' is consistent with the Act. Previously, Clearing
Members operated posts on the Trading Floor. Member organizations were
able to assign clerks to operate from those posts. Clearing Member
posts no longer exist on the Trading Floor and therefore this language
is obsolete.
Options 8, Section 22
    The Exchange's proposal to update citations to Options 8, Section
22(a)(3) within Options 8, Section 22(a)(2)(E)(i), Options 8, Section
28(e)(2), and Options 8, Section 39 at C-2 is consistent with the Act
as the rule text corrects improper citations. Citations to Options 8,
Section 22(a)(3) should instead refer to Options 8, Section 22(a)(3).
Options 8, Section 22(a)(3) does not exist.
Options 8, Section 28
    The Exchange's proposal to amend Options 8, Section 28,
Responsibilities of Floor Brokers, to replace the word ``limit'' with
``electronic'' before the term ``order book'' is consistent with the
Act. The term ``electronic order book'' makes clear that specific order
book being described.
    The Exchange's proposal to amend Options 8, Section 28 to provide
that Floor Brokers may enter limit, market, stop-limit or stop orders
into the electronic order book is consistent with the Act. Currently,
Options 8, Section 28 only refers to limit orders when it should have
also noted market, stop-limit and stop orders. With respect to remotely
entering limit orders into the electronic order book through FBMS, the
Prior Rule Change stated that this capability exists to enable Floor
Brokers to access electronic liquidity and/or to clear priority orders
on the limit order book prior to transacting an order in the trading
crowd through FBMS.\20\ Placing limit orders on the electronic order
book does not require exposure in open outcry and allows Floor Brokers
the ability to clear resting Customers orders from the limit order book
for their customers in the event that a Customer order had priority on
the limit order book that would otherwise prevent a Floor Qualified
Contingent Cross Order from being entered in compliance with Options 8,
Section 30(e).\21\ Today, Floor Brokers may also utilize market, stop-
limit and stop orders to clear resting Customers orders from the
electronic order book. Also, placing market, stop-limit and stop orders
on the electronic order book does not require exposure in open outcry.
---------------------------------------------------------------------------

    \20\ See supra note 10.
    \21\ See supra note 5.
---------------------------------------------------------------------------

Options 10, Section 20
    The Exchange proposes to update a reference to Phx Rule 1049 within
Options 10, Section 20, Options Communications, and replace ``Nasdaq
PHLX'' throughout this rule with ``Phlx'' are non-substantive
amendments that will clarify the Rulebook.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
Options 8, Section 2
    The Exchange's proposal to alphabetize the existing definitions
within Options 8, Section 2 does not impose an undue burden on
competition as the definitions will become easier to locate. Amending
the definition of a Presiding Exchange Official at current Options 8,
Section 2(a)(4) to add ``/her'' next to ``his'' in two places is a non-
substantive rule change. These amendments are intended to bring greater
clarity to the Options 8 Rules.
    The proposal to define ``Floor Transaction'' as a transaction that
is effected in open outcry on the Exchange's Trading Floor does not
impose an undue burden on competition. This term is currently defined
within Phlx Options 7, Section 1 for the purposes of pricing. The
defined term is consistent with the use of that term in the current
rules. This defined term will bring greater clarity to the Options 8
Rules. The Exchange's proposal to define ``Remote FBMS Transaction''
does not impose an undue burden on competition. The proposed term
``Remote FBMS Transaction'' would serve to provide members and member
organizations a description of the manner in which a Floor Broker may
remotely transact certain orders while not physically present on the
Trading Floor. This defined term provides the citations to the
applicable rules and further makes clear the current regulatory
requirements that apply to such remote activity. Today, Floor Brokers
must comply with these regulatory requirements. Also, the defined term
makes clear that all uses of FBMS involving open outcry must be
conducted while physically present on the Trading Floor.
Options 8, Sections 8 and 12
    The Exchange's proposal to update cross citations to Nasdaq General
4 Rules within Options 8, Section 8, Trading Floor Registration and
Options 8, Section 12, Clerks does not impose an undue burden on
competition. These amendments are non-substantive and would clarify the
current rules.
    The Exchange's proposal to amend Options 8, Section 12, Clerks at
subparagraph (c) to remove the phrase ``or assigned to their employer's
clearing firm'' does not impose an undue burden on competition.
Previously, Clearing Members operated posts on the Trading Floor.
Member organizations were able to assign clerks to operate from those
posts. Clearing Member posts no longer exist on the Trading Floor and
therefore this language is obsolete.
Options 8, Section 22
    The Exchange's proposal to update citations to Options 8, Section
22(a)(3) within Options 8, Section 22(a)(2)(E)(i), Options 8, Section
28(e)(2), and Options 8, Section 39 at C-2 does not impose an undue
burden on competition as the rule text corrects improper citations.
Citations to Options 8, Section 22(a)(3) should instead refer to
Options 8, Section 22(a)(3). Options 8, Section 22(a)(3) does not
exist.
Options 8, Section 28
    The Exchange's proposal to amend Options 8, Section 28,
Responsibilities of Floor Brokers, at subsection (g) to replace the
word ``limit'' with ``electronic'' before the term ``order book'' does
not impose an undue

burden on competition. The term ``electronic order book'' makes clear
that specific order book being described.
    The Exchange's proposal to amend Options 8, Section 28(g) to
provide that Floor Brokers may enter limit, market, stop-limit or stop
orders into the electronic order book does not impose an undue burden
on competition. Currently, Options 8, Section 28(g) only refers to
limit orders when it should have also noted market, stop-limit and stop
orders. The Exchange notes that Floor Brokers may also utilize market,
stop-limit and stop orders to clear resting Customers orders from the
electronic order book. Today, placing market, stop-limit and stop
orders on the electronic order book does not require exposure in open
outcry.
Options 10, Section 20
    The Exchange proposes to update a reference to Phx Rule 1049 within
Options 10, Section 20, Options Communications, and replace ``Nasdaq
PHLX'' throughout this rule with ``Phlx'' are non-substantive
amendments that will clarify the Rulebook.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \22\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\23\
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \23\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2021-41 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-Phlx-2021-41. 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-Phlx-2021-41 and should be submitted on
or before August 10, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-15339 Filed 7-19-21; 8:45 am]
BILLING CODE 8011-01-P