UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

	1650 Arch Street

	Philadelphia, Pennsylvania  19103

DATE:	May 5, 2011

SUBJECT:	Technical Support Document – Commonwealth of Pennsylvania –
Control of Nitrogen Oxides from Glass Melting Furnaces

			/s/

FROM:	Rose Quinto, Environmental Engineer

		Office of Air Program Planning

TO:		File

			/s/

THRU: 	Cristina Fernandez, Associate Director

Office of Air Program Planning

A.  BACKGROUND

On July 23, 2010, the Pennsylvania Department of Environmental
Protection (PADEP) submitted a State Implementation Plan (SIP) revision
pertaining to the control of nitrogen oxides (NOx) emissions from glass
melting furnaces.  The manufacturing process requires raw materials,
such as sand, limestone, soda ash, scrap, and recycled glass, to be fed
into a furnace where a temperature is maintained in the 2700° to 3100°
Fahrenheit range.  The raw materials then chemically react creating a
molten material – glass.  The reaction of nitrogen and oxygen in the
furnace creates NOx emissions, of which NOx is a precursor of ozone.
This SIP revision is based on the Ozone Transport Commission (OTC)
control measure to reduce NOx emissions from glass melting furnaces.
The OTC members include Pennsylvania, Connecticut, Delaware, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode
Island, Vermont, Virginia, and the District of Columbia.  The OTC was
created under section 184 of the Clean Air Act (CAA) to establish
regulatory programs to reduce ozone precursor emissions, which includes
the reduction of NOx emissions from glass melting furnaces.

B.  STATE SUBMITTAL

The SIP revision adds definitions and terms to Title 25 of the
Pennsylvania Code (25 Pa. Code) Chapter 121.1, relating to definitions,
used in the substantive provisions of this SIP revision.  The SIP
revision adds a new regulation pertaining to the NOx emission standards
in 25 Pa. Code Chapter 129, Standards of Sources, Sections 129.301
through 129.310, Control of NOx Emissions from Glass Melting Furnaces.
The SIP revision applies to an owner or operator of a glass melting
furnace that emits or has the potential to emit NOx at a rate greater
than 50 tons per year in the Commonwealth of Pennsylvania, including the
local air pollution control agencies in Philadelphia and Allegheny
Counties.  The purpose of the SIP revision is to annually limit the
emissions of NOx from glass melting furnaces.

The following definitions and terms were added in 25 Pa. Code Section
121.1:

Blown glass – Glassware shaped by blowing air into a molten glass
gather.

Cold shutdown – A cold repair or replacement of damaged or worn
refractory parts of a glass melting furnace while the furnace does not
contain molten glass.

Container glass – Glass manufactured by pressing, blowing in molds,
drawing, rolling or casting which is used as a container.

Fiberglass – Material consisting of fine filaments of glass that are
combined into yarn and woven or spun into fabrics, or that are used as
reinforcement in other materials or in masses as thermal or as
acoustical insulating product.

Flat glass – Glass produces by the float, sheet, rolled or plate glass
process which is used in windows, windshields, tabletops or similar
products.

Glass melting furnace – A unit comprising a refractory-lined vessel in
which raw materials are charged and melted at high temperature to
produce molten glass.

Idling – The operation of a glass furnace at less than 25% of the
permitted production capacity or fuel use capacity as stated in the plan
approval or operating permit.

Permitted production capacity – The maximum pull rate as stated in the
plan approval, operating permit or Title V permit.

Pressed glass – Glassware formed by placing a blob of molten glass in
a metal mold, then pressing it with a metal plunger or follower to form
the inside shape.  The resultant piece, termed “mold-pressed,” has
an interior form independent of the exterior, in contrast to mold-blown
glass, whose interior corresponds to the outer form.

Primary furnace combustion system – The burners in a glass melting
furnace that are used during production of glass.

Pull rate – The amount of glass withdrawn from a glass melting
furnace, expressed in short tons per day.

Shutdown – The period of time during which glass melting furnace is
taken from an operational to a non-operational status by allowing it to
cool down from its operating temperature to a cold or ambient
temperature as the fuel supply is turned off.

Start-up – The period of time, after initial construction, shutdown or
cold shutdown, during a glass melting furnace is heated to stable
operating temperature by the primary furnace combustion system, and
systems and instrumentation are brought to stabilization.

Summary of the SIP Revision

The SIP revision adds a new regulation in 25 Pa. Code Chapter 129,
Control of NOx Emissions from Glass Melting Furnaces, Sections 129.301
– 129.310.

Section 129.301, relating to the purpose of the new regulation, annually
limits the emissions of NOx from glass melting furnaces.

Section 129.302, relating to the applicability, specifies that the
regulation applies to an owner or operator of a glass melting furnace
that emits or has the potential to emit NOx at a rate greater than 50
tons per year.

Section 129.303 provides that the emission requirements do not apply
during periods of start-up, shutdown, or idling if the owner or operator
complies with the start-up, shutdown, and idling requirements.  (See
start-up, shutdown, and idling requirements in the PADEP SIP revision
submittal – sections 129.305, 129.306, and 129.307, and page 5 of the
attachment of EPA’s Start-up, Shutdown and Malfunction (SSM) Policy
– Memorandum of Steven A. Herman and Robert Perciasepe, Policy of
Excess Emissions During Malfunctions, Start-up and Shutdown, September
20, 1999).  Owners and operators claiming the exemption shall notify
PADEP or the local air pollution control agency within 24 hours after
initiation of the operation for which the exemption is claimed.
Additionally, the owner or operator of a glass melting furnace that is
granted an exemption shall maintain operating records or documentation,
or both necessary to support the claim for the exemption.

Section 129.304 provides that the owner of a glass melting furnace shall
determine allowable NOx emissions by multiplying the tons of glass
pulled by each of the furnace by:  4.0 pounds of NOx per ton of glass
pulled for container glass furnaces; 7.0 pounds of NOx per ton of glass
pulled for pressed or blown glass furnaces; 4.0 pounds of NOx per ton of
glass pulled for fiberglass furnaces; 7.0 pounds of NOx per ton of glass
pulled for flat glass furnaces; and 6.0 pounds of NOx per ton of glass
pulled for all other glass melting furnaces.

Furthermore, the owner or operator of a glass melting furnace shall
comply with the allowable NOx emissions by January 1, 2012, unless a
petition for an alternative emission limitation or compliance schedule
is submitted, in writing, to PADEP or the local air pollution control
agency by January 1, 2012 and also approved in writing by PADEP or the
local air pollution control agency.

The SIP revision also provides a petition process for an alternative NOx
emission limitation to the owner or operator of a glass melting furnace
that demonstrates to PADEP’s satisfaction that it is economically or
technologically infeasible to meet the established emission limitations
in this SIP revision.  An alternative NOx emission limitation approved
by PADEP must be included in either a plan approval or an operating
permit issued by PADEP or a permit issued by the local air pollution
control agency.  In addition, the SIP revision includes a petition
process for an alternative compliance schedule if an owner or operator
of a glass melting furnace demonstrates that compliance cannot be
achieved by the January 1, 2012 compliance date.

Section 129.305, relating to start-up requirements, requires the owner
or operator of a glass melting furnace to submit specific information
requested by PADEP or the local air pollution control agencies
information to assure proper operation of the furnace.  The owner or
operator of a glass melting furnace may submit a request for a start-up
exemption in conjunction with the approval application, if required.
The length of the start-up exemption should not exceed a finite number
of days depending on the type of the furnace.  PADEP or the local air
pollution control agency shall approve start-up exemptions to the extent
that the request identifies the control technologies or strategies to be
used.  Additionally, the owner or operator shall place the emission
control system in operation as soon as technologically feasible during
start-up to minimize emissions.

Section 129.306, relating to shutdown requirements, provides that the
duration of glass melting furnace shutdown, as measured from the time
the furnace operations drops below 25% of the permitted production
capacity or fuel use capacity, to when all emissions from the furnace
cease, should not exceed 20 days.  The owner or operator of a glass
melting furnace shall operate the emission control system whenever
technically feasible, as approved by PADEP or the local air pollution
control agency, during shutdown to minimize emissions.

Section129.307, relating to idling requirements, provides that the owner
or operator of a glass melting furnace shall operate the emission
control system whenever technically feasible, as approved by PADEP or
the local air pollution control agency, during idling to minimize
emissions.  The NOx emissions during idling may not exceed the amount
calculated using the following equation:

Pounds per day emission limit of NOx = (applicable NOx emission limit
specified in the emission requirements, expressed in pounds per ton of
glass produced) x (furnace permitted production capacity in tons of
glass produced per day).

Section 129.308, relating to compliance determination, requires that the
owner or operator of a glass melting furnace shall install, operate and
maintain continuous emissions monitoring system (CEMS) for NOx and other
monitoring systems to convert data to required reporting units in
compliance with 25 Pa. Code Chapter 139, Subchapter C (relating to
requirements for source monitoring for stationary sources) and calculate
actual emissions using the CEMS data reported to PADEP or the local air
pollution control agency, no later than14 days prior to the compliance
date.  However, the owner or operator of a glass melting furnace may
elect to install and operate an alternate NOx emissions monitoring
system or method approved, in writing, by PADEP or the local air
pollution control agency.  Data invalidated under Chapter 139,
Subchapter C will be substituted with other values if approved by PADEP
or the local air pollution control agency.

Section 129.309, relating to compliance demonstration, provides that the
owner or operator of a glass melting furnace shall calculate and report
to PADEP or the local air pollution control agencies on a quarterly
basis, no later than 30 days after the end of the quarter, the CEMS data
and glass production data used to show compliance with the allowable NOx
emission limitations.  The glass production data must consist of the
quantity of glass in tons pulled per day for each furnace.  Compliance
can be demonstrated on a furnace-by-furnace basis; facility-wide
emission averaging basis; or a system-wide emissions averaging basis
among glass melting furnaces under common control of the same owner or
operator in the Commonwealth.  The owner or operator of a glass melting
furnace for which PADEP or the local air pollution control agency has
granted approval to voluntarily opt into a market-based program may not
demonstrate compliance on an emissions averaging basis.  Moreover, an
emission reduction obtained by emissions averaging to demonstrate
compliance with the emission requirements in this SIP revision will not
be considered surplus for emission reduction credit purposes.

Section 129.310, relating to recordkeeping, provides that the owner or
operator of a glass melting furnace shall maintain records to
demonstrate compliance.  The records must include an operating log
maintained for each glass melting furnace that includes, on a daily
basis the following:  the total hours of operation; the type and
quantity of fuel used; and the quantity of glass pulled.  In addition,
the owner or operator of a glass melting furnace shall maintain records
of the following:  source tests and operating parameters established
during the initial source test; and maintenance, repairs, malfunctions,
idling, start-up and shutdown.  The records will be maintained onsite
for 5 years and shall be made available or submitted to PADEP or the
local air pollution control agency upon request.

C.  EPA EVALUATION

This regulation will reduce emissions of NOx from glass melting furnaces
to reduce levels of ground-level ozone and fine particulate matter
(PM2.5).  Ground-level ozone is not directly emitted by pollution
sources, but is created as a result of a chemical reaction of NOx and
volatile organic compounds (VOC) in the presence of light and heat.  The
reduction of NOx emissions will also help protect the public health and
environment from high levels of PM2.5, of which NOx is a precursor
component.  The reduction of NOx emissions also reduces visibility
impairment and acid deposition.

D.  CONCLUSIONS AND RECOMMENDED AGENCY ACTION

The regulation on the control of NOx emissions from glass melting
furnaces adopted by the Commonwealth of Pennsylvania will result in the
reduction of NOx emissions from glass melting furnaces and will help the
Commonwealth in attaining compliance with the 8-hour ozone and PM2.5
national ambient air quality standards (NAAQS).  EPA approval of the SIP
revision is recommended.

 PAGE

  PAGE   \* MERGEFORMAT  4


[Federal Register: January 11, 2010 (Volume 75, Number 6)]
[Notices]
[Page 1428-1429]
[DOCID:fr11ja10-92]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61287; File No. SR-ISE-2009-113]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Make the Exchange's Pilot Program To Expose All-Or-None
Orders Permanent

January 5, 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 December 24, 2009, 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, II, and III 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to make permanent its pilot program
regarding limitations on orders to include the exposure of all-or-none
orders. The text of the proposed rule change is as follows, with
deletions in [brackets] and additions italicized:

Rule 717. Limitations on Orders

* * * * *

Supplementary Material to Rule 717

    .01-.03 No Change.
    .04 A non-marketable all-or-none limit order shall be deemed
``exposed'' for the purposes of paragraphs (d) and (e) one second
following a broadcast notifying market participants that such an
order to buy or sell a specified number of contracts at a specified
price has been received in the options series. [This provision shall
be in effect on a pilot basis expiring January 31, 2010.]
* * * * *

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

    (a) Purpose--The purpose of the proposed rule change is to make
permanent the Exchange's pilot program regarding limitations on orders
to include the exposure of all-or-none orders.
    Pursuant to ISE Rule 717(d) and (e), Electronic Access Members must
expose agency orders on the Exchange for at least one second before
entering a contra-side proprietary order or a contra-side order that
was solicited from a broker-dealer, or utilize one of the Exchange's
execution mechanisms that have one second exposure periods built into
the functionality.\5\
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    \5\ See ISE Rule 716(d) (Facilitation Mechanism), Rule 716(e)
(Solicited Order Mechanism) and Rule 723 (Price Improvement
Mechanism for Crossing Transactions).
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    The Exchange operates an integrated system that consolidates all
market maker quotes and orders, and automatically disseminates the best
bid and offer. If a limit order is designated as all-or-none (``AON''),
the contingency that the order must be executed in full makes it
ineligible for display in the best bid or offer. Nevertheless, such
orders are maintained in the system and remain available for execution
after all other trading interest at the same price has been
exhausted.\6\ Upon the receipt

of a non-marketable all-or-none limit order, the system automatically
will send a broadcast message to all market participants notifying them
that an all-or-none order to buy or to sell a specified number of
contracts at a specified price has been placed on the book. The
broadcast message, which includes all of the terms of the order, will
be made available to any market participant, not just members.\7\
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    \6\ Supplementary Material .02 to ISE Rule 713.
    \7\ The AON broadcast message is available through the
Exchange's application programming interface (``API''). Any member
or non-member connecting to the API can receive the AON broadcast
message. The Exchange is not proposing to adopt a fee associated
with receiving this message, and any future fee would be filed with
the Commission.
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    On July 9, 2009, the Exchange adopted a proposed rule change on a
three-month pilot basis to specify that a non-marketable all-or-none
limit order is deemed ``exposed'' for the purposes of Rule 717(d) and
(e) one second following a broadcast notifying members that such an
order to buy or sell a specified number of contracts at a specified
price has been received in the options series.\8\ The Exchange
subsequently extended the pilot for an additional month,\9\ and again
through December 31, 2009.\10\ During the extension through December
31, 2009, the broadcast message was made available to any market
participant, not just members. Thus, all of the terms of the order
continue to be disclosed to all market participants. The pilot was
subsequently extended for an additional month and is set to expire on
January 31, 2010. The Exchange now proposes to make the pilot
permanent, as of February 1, 2010.
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    \8\ See Exchange Act Release No. 60311 (July 15, 2009), 74 FR
36290 (July 22, 2009).
    \9\ See Exchange Act Release No. 60866 (October 22, 2009), 74 FR
55879 (October 29, 2009).
    \10\ See Exchange Act Release No. 61016 (November 17, 2009), 74
FR 61393 (November 24, 2009).
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    (b) 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, under the proposed rule change all-or-
none orders will continue to be exposed to all market participants so
that there is a greater opportunity for them to interact with such
orders.

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

    The proposed rule change does not 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

    This proposed rule change does not significantly affect the
protection of investors or the public interest, does not impose any
significant burden on competition, and, by its terms, does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest.\11\ The Exchange provided 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 the
proposed rule change as required by Rule 19b-4(f)(6).\12\ The proposed
rule change will permit the exchange to make the current pilot program
permanent. For the foregoing reason, this rule filing qualifies for
immediate effectiveness as a ``non-controversial'' rule change under
paragraph (f)(6) of Rule 19b-4 of the Act, as it does not raise any
new, unique or substantive issues, and is beneficial for competitive
purposes and to promote a free and open market for the benefit of
investors.
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    \11\ The Commission notes that the pilot will become permanent
as of February 1, 2010 (see supra Section II(A)(a)).
    \12\ 17 CFR 240.19b-4(f)(6).
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    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 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 No. SR-ISE-2009-113 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 No. SR-ISE-2009-113. 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 inspection and
copying 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 ISE. 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 No. SR-ISE-2009-113 and should be
submitted on or before February 1, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-240 Filed 1-8-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Notices]
[Pages 68212-68214]
[FR Doc No: 2022-24649]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96248; File No. SR-NASDAQ-2022-060]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Specify an Implementation Timeframe for the Introduction of Enhanced
Anti-Internalization Functionality

November 7, 2022.
    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 October 31, 2022, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II, below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to specify an implementation timeframe for
the introduction of enhanced anti-internalization functionality.

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 purpose of the proposed rule change is to specify an
implementation timeframe for the introduction of enhanced anti-
internalization functionality. The Exchange previously filed \3\ a rule
change to enhance the anti-internalization functionality available on
the Exchange by giving market participants the flexibility to choose to
have this protection apply to market participants under Common
Ownership.\4\
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    \3\ Securities Exchange Act Release No. 96069 (October 13,
2022), 87 FR 63558 (October 19, 2022).
    \4\ The Exchange previously proposed to define ``Common
Ownership'' under Equity 4, Rule 4757 to mean participants under 75%
common ownership or control. See id.
---------------------------------------------------------------------------

    By way of background, anti-internalization, also known as self-
match prevention, is an optional feature available on the Exchange that
currently (1) prevents two orders with the same Market Participant
Identifier (MPID) from executing against each other, or (2) prevents
two orders entered through a specific order entry port from executing
against each other (in the case of market participants using the OUCH
order entry protocol). The enhanced anti-internalization functionality,
as proposed in SR-NASDAQ-2022-056,\5\ would permit market participants
to direct that quotes/orders entered into the System not execute
against quotes/orders entered across MPIDs that are under Common
Ownership.
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    \5\ Supra note 4.
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    The previous rule filing \6\ to enhance the anti-internalization
functionality available on the Exchange did not specify an
implementation date. The Exchange proposes to establish an
implementation timeframe that extends beyond 30 days after the date of
filing of SR-NASDAQ-2022-056.\7\ Specifically, the Exchange proposes to
implement the enhanced anti-internalization functionality no later than
the First Quarter of 2023. The delay would provide the Exchange
additional time to develop and test this functionality. The Exchange
will issue an Equities Trader Alert to provide notification of the
change and relevant implementation date prior to introducing the new
functionality.
---------------------------------------------------------------------------

    \6\ Id.
    \7\ Id.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\8\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
The change in anti-internalization functionality will enhance self-
trade protections provided to market participants and the Exchange
desires to rollout the anti-internalization functionality at a later
date to allow sufficient time to develop and test this functionality.
As proposed herein, the Exchange will offer the enhanced anti-
internalization functionality no later than the First Quarter of 2023.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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. The Exchange does not believe
that the proposed rule change will impact the intense competition that
exists in the equities markets. The Exchange does not believe that the
proposed delay will impose any significant burden on inter-market
competition as it does not impact the ability of other markets to offer
or not offer competing functionality. The Exchange does not believe
that the proposed rule change will impose any burden on intra-market
competition because all participants uniformly will not be able to take
advantage of the enhanced anti-internalization functionality until it
is implemented. The Exchange intends to offer the optional, enhanced
anti-internalization functionality no later than the First Quarter of
2023.

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) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay. Waiver of the
operative delay would allow the Exchange to extend the implementation
timeframe of SR-NASDAQ-2022-056 prior to the scheduled effective date
for SR-NASDAQ-2022-056, which is scheduled to become effective on
November 5, 2022. The Exchange states that extending the implementation
timeframe prior to the currently scheduled effective date will ensure
that the Exchange's rules continue to properly reflect the delay of the
enhanced anti-internalization functionality, which will not be
available on the Exchange by the currently scheduled date. The Exchange
further states that delaying the introduction of the enhanced anti-
internalization functionality will provide additional time to develop
and test this functionality. The Commission believes that waiving the
30-day operative delay is consistent with the protection of investors
and the public interest. Accordingly, the Commission hereby waives the
operative delay and designates the proposed rule change operative upon
filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings

to determine whether the proposed rule change 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 protected]. Please include
File Number SR-NASDAQ-2022-060 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-NASDAQ-2022-060. 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-NASDAQ-2022-060 and should be submitted
on or before December 5, 2022.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-24649 Filed 11-10-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Proposed Rules]
[Pages 19923-19926]
[FR Doc No: E9-9990]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0125]
RIN 1625-AA87

Security Zone; Freeport Channel Entrance, Freeport, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish moving security zones
for certain vessels, for which the Captain of the Port, Houston-
Galveston deems enhanced security measures necessary on a case-by-case
basis. These moving security zones would extend 1,000 yards ahead and
astern and 500 yards on each side of certain vessels, which would
display the international signal flag or pennant number five to signal
a security zone is established around the vessel. The moving security
zone may commence at any point after certain vessels bound for the Port
of Freeport enter the U.S. territorial waters (12 nautical miles) in
the Captain of the Port (COTP) Houston-Galveston zone. These security
zones are needed to safeguard the vessels, the public, and the
surrounding area from sabotage or other subversive acts, accidents, or
other events of a similar nature. Unless exempted under this rule,
entry into or movement within these security zones would be prohibited
without permission from the COTP Houston-Galveston.

DATES: Comments and related material must reach the Coast Guard on or
before June 1, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0125 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    (5) To avoid duplication, please use only one of these four
methods. See the ``Public Participation and Request for Comments''
portion of the SUPPLEMENTARY INFORMATION section below for instructions
on submitting comments.

FOR FURTHER INFORMATION CONTACT: Lieutenant Cliff Harder, Marine Safety
Unit Galveston, telephone<PHONE_NUMBER>, extension 2705, or e-mail
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0125), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand-deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2008-0124'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand

delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2008-0124 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.

Background and Purpose

    Heightened awareness of potential terrorist acts requires enhanced
security of our ports, harbors, and vessels; to enhance security, the
Captain of the Port Houston-Galveston proposes to establish moving
security zones around certain vessels. This would make permanent a
temporary final rule that was effective from January 15, 2009, to April
30, 2009. See 74 FR 13343.
    This proposed rule would establish distinct moving security zones
that may commence at any point after certain vessels bound for the Port
of Freeport enter the 12 nautical mile U.S. territorial waters in the
Captain of the Port Houston-Galveston zone. These security zones would
be established to protect waterfront facilities, persons, and vessels
from subversive or terrorist acts. Vessels operating within the Captain
of the Port Houston-Galveston Zone are potential targets of terrorist
attacks, or potential launch platforms for terrorist attacks on other
vessels, waterfront facilities, and adjacent population centers.
    Due to the potential for terrorist attacks, this proposed rule
would allow the Captain of the Port to create moving security zones
around certain vessels as deemed necessary, on a case-by-case basis.
All vessels around which a security zone is deemed necessary would
display the international signal flag or pennant number five, to signal
that there is a security zone established around the vessel. By
limiting access to these areas, the Coast Guard is reducing potential
methods of attack on these vessels, and potential use of the vessels to
launch attacks on waterfront facilities and adjacent population centers
located within the Captain of the Port Houston-Galveston zone. Vessels
having a need to enter these security zones must obtain express
permission from the Captain of the Port Houston-Galveston or his
designated representative prior to entry.

Discussion of Proposed Rule

    The Coast Guard proposes to establish moving security zones for
certain vessels, for which the Captain of the Port Houston-Galveston
deems enhanced security measures necessary on a case-by-case basis.
These moving security zones would be activated for certain vessels
within the Captain of the Port Houston-Galveston zone commencing at
U.S. territorial waters through the Freeport Entrance Channel,
extending from the surface to the sea floor. These moving security
zones would be established as follows: 1000 yards ahead and astern and
500 yards on each side of certain vessels, which would display the
international signal flag or pennant number five, while in transit.
Unless exempted under this rule, these moving security zones would
prohibit entry into or movement within this portion of the Captain of
the Port Houston-Galveston zone without Captain of the Port
authorization. These security zones are needed to safeguard the
vessels, the public, and the surrounding area from sabotage or other
subversive acts, accidents, or other events of a similar nature.
    All vessels not exempted under this rule would be prohibited from
entering these security zones unless authorized by the Captain of the
Port Houston-Galveston or his designated representative. In Houston,
vessels can contact the COTP through Vessel Traffic Service Houston/
Galveston on VHF Channel 5A, by telephone at<PHONE_NUMBER>, or by
facsimile at<PHONE_NUMBER>. In Freeport, vessels can contact the COTP
through Marine Safety Unit Galveston, by telephone at<PHONE_NUMBER>,
or by facsimile at<PHONE_NUMBER>.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The basis of
this finding is that the duration of the proposed security zones is
limited in nature and would not create undue delay to vessel traffic in
and around the Port of Freeport.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reason: The
duration of the proposed security zones is limited in nature and would
not create undue delay to vessel traffic in and around the Port of
Freeport.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see

ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Cliff Harder at (409)
978-2700, extension 2705. The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This proposed rule would not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 0023.1 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. This proposed rule involves establishing moving security
zones around certain vessels in the Caption of the Port Houston-
Galveston zone. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    2. Add new Sec.  165.818 to read as follows:

Sec.  165.818  Moving security zones, for certain vessels in Freeport
Entrance Channel, Freeport, Texas.

    (a) Location. The following areas are security zones: All waters
within the Captain of the Port Houston-Galveston Zone commencing at
U.S. territorial waters through the Freeport Entrance Channel, from
surface to bottom, one thousand (1000) yards ahead and astern and five
hundred (500) yards on each side of any vessel within the 12 nautical
mile U.S. Territorial Waters in the Captain of the Port Houston-
Galveston zone that displays the international signal flag or pennant
number five.
    (b) Regulations. (1) Entry into or remaining in the zones described
in paragraph (a) of this section is prohibited for all vessels except:

    (i) Moored vessels or vessels anchored in a designated anchorage
area. A moored or an anchored vessel in a security zone described in
paragraph (a) of this section must remain moored or anchored unless it
obtains permission from the Captain of the Port to do otherwise.
    (ii) Commercial vessels operating at the waterfront facilities
within zone described in paragraph (a) of this section.
    (iii) Commercial vessel transiting directly to or from waterfront
facilities within a security zone described in paragraph (a) of this
section.
    (iv) Vessels providing direct operational/logistic support to
commercial vessels within a security zone described in paragraph (a) of
this section.
    (v) Vessels operated by the port authority or by facilities located
within a security zone described in paragraph (a) of this section.
    (vi) Vessels operated by federal, state, county, or municipal
agencies.
    (2) All persons and vessels within a security zone described in
paragraph (a) of this section must comply with the instructions of the
Captain of the Port Houston-Galveston and designated on-scene U.S.
Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol
personnel include commissioned, warrant, and petty officers of the U.S.
Coast Guard.
    (3) To request permission as required by these regulations, contact
the Sector Houston-Galveston Command Center by telephone at (713) 671-
5113. In Freeport, vessels should contact the Captain of the Port's
designated on-scene representative for the moving security zone on VHF
Channel 16, or by telephone at<PHONE_NUMBER>.
    (c) Informational broadcasts. The Captain of the Port Houston-
Galveston will inform the public when moving security zones have been
established around vessels via Broadcast Notice to Mariners on VHF
channel 16 and 13.
    (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.

    Dated: February 18, 2009.
William J. Diehl,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. E9-9990 Filed 4-29-09; 8:45 am]
BILLING CODE 4910-15-P