[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Notices]
[Pages 13107-13109]
[FR Doc No: 2013-04368]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68954; File No. SR-MIAX-2013-04]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Revise Market Maker Obligations Regarding the
Opening Process on the Exchange

February 20, 2013.
    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 February 11, 2013, Miami International Securities Exchange LLC
(``Exchange'' or ``MIAX'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Rules 503, 603 and 604
to revise Market Maker obligations regarding the opening process on the
Exchange.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to revise the quoting
obligations of Market Makers prior to and during the opening process.
Specifically, (i) Lead Market Makers (``LMMs''), including those
appointed Primary Lead Market Maker (``PLMM''), will not be required to
enter quotes before or during the opening process in their assigned
option classes; and (ii) PLMMs will, however, be required to submit
valid width quotes not later than one minute following the
dissemination of a quote or trade by the market for the underlying
security. These changes, which are described in detail below, will make
MIAX's Market Maker obligations more consistent with market maker
obligations at other options exchanges.
    Currently, Rules 503(e)(5), 603(c), 604(e)(1)(i) and 604(e)(2)(i)
require PLMMs and LMMs to participate in the opening process by
submitting valid width quotes and entering into any transactions
resulting from their participation. MIAX proposes to amend each of
these rules to revise the PLMM obligations and eliminate the LMM
obligations. Rule 503(e) specifies that the opening process can begin
following the dissemination of a quote or trade by the market for the
underlying security and a pause of no longer than one half second. The
pause allows the market place to absorb the dissemination of the
underlying security's quote or trade. Thereafter, the option's opening
process can be initiated by the occurrence of one of three triggers.
These triggers are (i) a valid width quote being submitted by the PLMM
in the option class; (ii) the valid width quotes of at least two Market
Makers (one of whom must be a LMM) being submitted in the option; or
(iii) the valid width quote of one LMM being submitted in the option
with at least one other options exchange disseminating a quote in the
option and a valid width NBBO being available for that option. Trigger
(iii) can only occur in multiply listed option classes; for singly
listed option classes either trigger (i) or (ii) must occur to initiate
the option's opening process.
    While the PLMM can submit a valid width quote to start the option's
opening process, there are, as described above, other ways in which the
option opening process can begin. Pursuant to the revisions being
proposed herein, MIAX will require the PLMM to submit valid width
quotes in each of the

PLMM's appointed classes within one minute of a trade or quote in the
underlying security being disseminated, thus assuring a timely start of
the opening process if none of the other triggers for starting the
opening process have occurred.\3\ As described above, an LMM's valid
width quotes can also be used to trigger the start of the opening
process, however, MIAX now proposes to eliminate the requirement that
PLMMs and LMMs submit such quotes as part of the opening process.
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    \3\ See NASDAQ OMX PHLX (``PHLX'') Rule 1017(k), which requires
``the specialist assigned in a particular equity option must enter
opening quotes not later than one minute following the dissemination
of a quote or trade by the market for the underlying security.''
PHLX does not require any of its other market makers to enter
opening quotes, see also, PHLX Rule 1014.
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    By eliminating the specific obligations for PLMMs and LMMs to
submit valid width quotes prior to regular options trading and only
require continuous quoting during regular options trading, the opening
obligations for MIAX Market Makers would be consistent with opening
obligations for market makers at other options exchanges. For example,
in addition to the PHLX rule for their non-specialist market makers
referred to in footnote three above, NYSE Amex Options does not require
either its specialist or its market makers to submit quotes or
participate in the opening process.\4\ In addition, NASDAQ Options
Market, LLC (``NOM'') \5\, NASDAQ OMX BX, Inc (``BX Options'') \6\, and
BOX Options Exchange LLC (``BOX'') \7\ eliminated market maker pre-
opening quoting obligations in 2012. As a result of these filings, NOM,
BX Options and BOX do not impose obligations on their respective
options market makers to continuously quote prior to the regular
options trading.
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    \4\ See NYSE Amex Options Rules 925NY (Obligations of Market
Makers), 925.1NY (Market Maker Quotes), 927NY (Specialists), 927.5NY
(e-Specialists Obligations) and 952NY (Opening Process). None of
these rules require specialist or market maker participation in the
opening process.
    \5\ See Securities Exchange Act Release No. 67722 (August 23,
2012) 77 FR 52375 (August 29, 2012) (SR-NASDAQ-2012-095).
    \6\ See Securities Exchange Act Release No. 68116 (October 26,
2012) 77 FR 66204 (November 2, 2012) (SR-BX-2012-069).
    \7\ See Securities Exchange Act Release No. 68412 (December 12,
2012) 77 FR 74902 (December 18, 2012) (SR-BOX-2012-022).
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    Market Makers have advised the Exchange that other option exchanges
do not have opening quoting obligations for their market makers and
have requested that MIAX eliminate its opening quoting obligations so
that MIAX rules are similar to the other options exchanges. While MIAX
agrees that eliminating its opening quoting obligations for Market
Makers would be pro-competitive in that it will attract more market
makers and additional liquidity to the Exchange, MIAX believes that the
PLMM should still have the responsibility to assure a timely start to
the opening process in each of its appointed classes and is therefore
continuing to require the PLMM to submit valid width quotes not later
than one minute after a trade or quote in the underlying security has
been disseminated. As it builds its options marketplace, MIAX believes
a consistently timely opening of its options classes is essential for
attracting order flow.
    Moreover, the Exchange believes that its proposal to put LMMs in
the same position as market makers on other exchanges with respect to
opening obligations will not have a negative effect on MIAX's options
market. In particular, the Exchange believes the removal of opening
quoting obligations for LMMs will have no impact on the functioning of
the MIAX opening process and will not negatively impact MIAX market
participants. Exchange rules continue to provide that the PLMM will be
required to assure a timely opening by submitting valid width quotes in
its appointed option classes if none of the other triggers for opening
its appointed option classes have occurred. MIAX, therefore, believes
its market participants will continue to experience a quality opening
on the Exchange.
2. Statutory Basis
    MIAX believes that its proposed rule change 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
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest, and it is not designed to
permit unfair discrimination among customers, brokers, or dealers. The
Exchange believes the proposal to conform Market Maker obligations to
the requirements of competing markets will promote the application of
consistent trading practices.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    Additionally, the Exchange believes the proposal removes a market
maker quoting requirement that is unnecessary, as evidenced by the fact
that it does not exist on other competitive markets. The Exchange
operates in a highly competitive market comprised of eleven U.S.
options exchanges in which sophisticated and knowledgeable market
participants can, and do, send order flow to competing exchanges if
they deem trading practices at a particular exchange to be onerous or
cumbersome. With this proposal, LMMs will be relieved of a market maker
requirement that does not materially improve the quality of the
markets. On the contrary, the opening quoting obligation creates an
additional obligation and burden on LMMs that does not exist on
numerous other competitive markets. The Exchange believes that in this
competitive marketplace, the impact of the opening quoting obligation
that exists on the Exchange today compels this proposal. It will allow
LMMs on the Exchange to follow rules that are similar to the rules of
other options exchanges that do not impose opening obligations on their
market makers, and will allow LMMs to focus on aspects of their
operations that contribute to the market in a more efficient and
meaningful way. However, as the newest entrant into this competitive
marketplace, MIAX also believes it is important to provide consistently
timely openings for its options, therefore, MIAX has a requirement that
the PLMM in each of its appointed option classes be required to submit
valid width quotes within one minute of the dissemination of a quote or
trade in the underlying security. This requirement for the PLMM is also
consistent with requirements at other options exchanges.
    Finally, in determining to revise requirements for its Market
Makers, MIAX is mindful of the balance between the obligations and the
benefits bestowed on its Market Makers. The proposal will reduce
obligations currently in place for PLMMs and LMMs without a
corresponding reduction in the benefits currently bestowed upon them.
MIAX nevertheless believes this shifting in the balance of obligations
and benefits is appropriate given (i) the obligation is not necessary
for LMMs; (ii) the obligation is being revised and not eliminated for
the PLMM; and (iii) the changes being proposed herein are in place at
other options exchanges. MIAX believes that its proposal is consistent
with the Act in that the relieving of an unnecessary requirement for
LMMs does not detract from the overall market making obligations of
LMMs. The requirement that a market maker hold

itself out as willing to buy and sell options for its own account on a
regular or continuous basis is better supported by requirements to
quote continuously throughout the trading day rather than by a
requirement to quote at the opening. The LMM's continuous quoting
obligations are the equivalent of obligations in place for other
similarly situated market makers at other options exchanges.
Maintaining the PLMM requirement to submit valid width quotes within
one minute of a trade or quote in the underlying security being
disseminated is consistent with the heightened level of obligations
imposed by MIAX rules on PLMMs.

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. MIAX's proposal to eliminate
the obligation for Market Makers to submit quotes and participate in
the opening process for each of its appointed option classes is
consistent with what is already occurring on other markets. By
providing Market Maker obligations that are more consistent with market
maker obligations in place at other option exchanges, competition for
the liquidity providing services of market makers is enhanced. MIAX is
better able to compete for the services of market makers when its
requirements for market makers are consistent with the other options
exchanges.

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the 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 prior to
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, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of the
Exchange's 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, noting that doing
so will allow Market Makers on the Exchange to follow rules concerning
Market Maker quoting obligations prior to the commencement of daily
trading that are similar to the rules of other options Exchanges. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\14\ Accordingly, the Commission hereby grants the Exchange's
request and designates the proposal operative upon filing.\15\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ The Commission notes that it recently waived the operative
delay for a similar filing submitted by BX Options. See supra note
6.
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission 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 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2013-04 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-MIAX-2013-04. 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 Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-MIAX-2013-04 and should be
submitted on or before March 19, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-04368 Filed 2-25-13; 8:45 am]
BILLING CODE 8011-01-P


	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2006-0638; FRL-     ]

Approval and Promulgation of Air Quality Implementation Plans; Maryland;
Control of Volatile Organic Compounds from Medical Device Manufacturing

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

SUMMARY:  EPA is proposing to approve a State Implementation Plan
revision submitted by the Maryland Department of the Environment.  This
revision pertains to the control of volatile organic compounds from
medical device manufacturing.  This action is being taken under the
Clean Air Act (CAA or the Act).

DATES:  Written comments must be received on or before [insert date 30
days from date of publication].

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2006-0638 by one of the following methods:

 www.regulations.gov.  Follow the on-line instructions for submitting
comments.

     B.    E-mail<EMAIL_ADDRESS>
     C.    Mail:  EPA-R03-OAR-2006-0638, Makeba Morris, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

     D.   Hand Delivery:  At the previously-listed EPA Region III
address.  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-R03-OAR-2006-0638.  EPA's policy is that all comments received will
be included in the public docket without change, and may be made
available online at 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 www.regulations.gov or
e-mail.  The www.regulations.gov website 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
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.

Docket:  All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute.  Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.  Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.  Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland, 21230.

FOR FURTHER INFORMATION CONTACT:  Helene Drago,<PHONE_NUMBER>, or by
e-mail

at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:  On May 31, 2006 and July 5, 2006, the
Maryland Department of the Environment (MDE) submitted a revision
(#06-04) to its State Implementation Plan (SIP) to establish Reasonably
Available Control Technology (RACT) requirements for the manufacturing
of hypodermic products, syringes, catheters, blood handling and other
medical devices. The revision applies to any medical device
manufacturing installation that emits, or has the potential to emit, 100
pounds or more per day of volatile organic carbon (VOC).  The revisions
add Regulation .31 under the Code of Maryland Regulations (COMAR)
26.11.19, Volatile Organic Compounds from Specific Processes.

I.    Background

Medical device manufacturing includes production of hypodermic products,
catheters, syringes, blood collection, processing, storage and
transfusion products. Although the products are small in size, the large
volume of pieces manufactured generates significant VOC emissions. The
majority of VOC emissions from manufacturing of medical devices comes
from bonding of components, coating and cleaning operations. First and
foremost, medical device manufacturers are required to comply with the
requirements of Food, Drug and Cosmetics Act and the regulations
promulgated by Food and Drug Administration (FDA).  Medical device
manufacturing operations are not covered under any specific federal
environmental regulations.

Under Maryland’s regulations found at  COMAR 26.11.19, Control of
Volatile Organic Compounds from Specific Processes, a facility that has
the potential to emit more than 25 tons a year of VOC emissions is
subject to the RACT requirements under COMAR <IP_ADDRESS>.  The purpose
of this regulation is to establish a RACT requirement specific to the
medical device manufacturers engaged in the production of hypodermic
products, syringes, catheters, blood handling and other medical devices.

II.   Summary of SIP Revision

The regulation applies to a person who owns or operates a medical device
manufacturing installation that emits or has the potential to emit, 100
pounds or more per day of VOC emissions. Medical device manufacturing
operations are also subject to the compliance, record keeping and
general requirements under COMAR <IP_ADDRESS> and equipment leak
requirements under COMAR <IP_ADDRESS>.  The regulations establish control
requirements for three main VOC emitting operations: 1) solvent bonding,
2) biopassive coating, and 3) steel cannula coating. For solvent bonding
operations, appropriately designed VOC impermeable covers on dip pots
are required.  Due to the evolving nature of the process, the State may,
if necessary, require participation in an evaluation of new or
innovative designs or VOC material substitutions. Biopassive coating
operation is required to be carried out using an enclosed system for
fully assembled medical devices. Individual components can only be
coated if an approval is granted based on technical and economic
justification. Solvents used in steel cannula coating must be chilled to
50 ºF or less using a solvent chiller system to minimize VOC emissions.
 The regulations provide flexibility for companies to achieve an
equivalent level of control through an alternative method.

At this time, there is only one affected source located in Cecil County,
Maryland.  The company manufactures syringes and a range of
cardiovascular products and devices such as catheters, filters, pumps
and heat exchangers. It is estimated that as a result of this
regulation, approximately 1.2 to 1.7 tons of VOC emissions per year will
be reduced.

III.   Proposed Action

EPA has reviewed the material submitted by Maryland on May 31, 2006 and
July 5, 2006.  EPA is proposing to approve the Maryland  SIP revision
for RACT requirements for the manufacturing of hypodermic products,
syringes, catheters, blood handling and other medical devices.  EPA is
soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a "significant regulatory action" and therefore
is not subject to review by the Office of Management and Budget.  For
this reason, this action is also not subject to Executive Order 13211,
"Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use" (66 Fed. Reg. 28355 (May 22, 2001)).  This action
merely proposes to approve state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this proposed 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.).
Because this rule proposes to approve pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4).  This proposed
rule also does 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 67249, November 9, 2000), nor will it 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),
because it merely proposes to approve a state rule implementing a
Federal requirement, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This proposed rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is not economically significant.

In reviewing SIP submissions, EPA(s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  In this
context, in the absence of a prior existing requirement for the State to
use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS.  It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act.  Thus, 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. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
proposed rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a clear
legal standard for affected conduct.  EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of the rule in accordance with the (Attorney General(s
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings( issued under the executive order.  This proposed
rule for RACT requirements for the manufacturing of hypodermic products,
syringes, catheters, blood handling and other medical devices does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

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

                           /s/

___________________________
____________________________

Dated:  September 28, 2006                               William T.
Wisniewski, Acting

   Regional Administrator,

   Region III.

 PAGE  7


[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Page 78102]
[FR Doc No: 2022-27720]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP23-285-000
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Name Change Clean-up Filing to
be effective 1/16/2023.
    Filed Date: 12/15/22.
    Accession Number: 20221215-5014.
    Comment Date: 5 p.m. ET 12/27/22.

    Docket Numbers: RP23-286-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: AGT Name Change Cleanup to be
effective 1/16/2023.
    Filed Date: 12/15/22.
    Accession Number: 20221215-5024.
    Comment Date: 5 p.m. ET 12/27/22.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP21-1187-010.
    Applicants: Eastern Gas Transmission and Storage, Inc.
    Description: Compliance filing: EGTS--December 15, 2022 Rate Case
Compliance Filing to be effective 4/1/2022.
    Filed Date: 12/15/22.
    Accession Number: 20221215-5012.
    Comment Date: 5 p.m. ET 12/27/22.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 15, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-27720 Filed 12-20-22; 8:45 am]
BILLING CODE 6717-01-P