[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Pages 8775-8781]
[FR Doc No: 2016-03533]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77148; File No. S7-966]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Notice of Filing and Order Approving and Declaring
Effective an Amendment to the Plan for the Allocation of Regulatory
Responsibilities Among NYSE MKT LLC, BATS Exchange, Inc., BOX Options
Exchange LLC, C2 Options Exchange, Incorporated, the Chicago Board
Options Exchange, Incorporated, the EDGX Exchange, Inc., the
International Securities Exchange LLC, ISE Gemini, LLC, ISE Mercury,
LLC Financial Industry Regulatory Authority, Inc., the New York Stock
Exchange LLC, NYSE Arca, Inc., The NASDAQ Stock Market LLC, NASDAQ OMX
BX, Inc., the NASDAQ OMX PHLX, Inc., and Miami International Securities
Exchange, LLC Concerning Options-Related Sales Practice Matters

February 16, 2016.
    Notice is hereby given that the Securities and Exchange Commission
(``Commission'') has issued an Order, pursuant to Section 17(d) of the
Securities Exchange Act of 1934 (``Act''),\1\ approving and declaring
effective an amendment to the plan for allocating regulatory
responsibility (``Plan'') filed on February 3, 2016, pursuant to Rule
17d-2 of the Act,\2\ by NYSE MKT LLC (``MKT''), BATS Exchange, Inc.,
(``BATS''), the BOX Options Exchange LLC (``BOX''), C2 Options
Exchange, Incorporated (``C2''), the Chicago Board Options Exchange,
Incorporated (``CBOE''), the EDGX Exchange, Inc. (``EDGX'') the
International Securities Exchange LLC (``ISE''), ISE Gemini, LLC
(``Gemini''), ISE Mercury, LLC (``ISE Mercury'') Financial Industry
Regulatory Authority, Inc. (``FINRA''), the New York Stock Exchange LLC
(``NYSE''), NYSE Arca, Inc. (``Arca''), The NASDAQ Stock Market LLC
(``Nasdaq''), NASDAQ OMX BX, Inc. (``BX''), NASDAQ OMX PHLX, Inc.
(``PHLX''), and Miami International Securities Exchange (``MIAX'')
(collectively, ``Participating Organizations'' or ``parties'').
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    \1\ 15 U.S.C. 78q(d).
    \2\ 17 CFR 240.17d-2.
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I. Introduction

    Section 19(g)(1) of the Act,\3\ among other things, requires every
self-regulatory organization (``SRO'') registered as either a national
securities exchange or national securities association to examine for,
and enforce compliance by, its members and persons associated with its
members with the Act, the rules and regulations thereunder, and the
SRO's own rules, unless the SRO is relieved of this responsibility
pursuant to Section 17(d) \4\ or Section 19(g)(2) \5\ of the Act.
Without this relief, the statutory obligation of each individual SRO
could result in a pattern of multiple examinations of broker-dealers
that maintain memberships in more than one SRO (``common members'').
Such regulatory duplication would add unnecessary expenses for common
members and their SROs.
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    \3\ 15 U.S.C. 78s(g)(1).
    \4\ 15 U.S.C. 78q(d).
    \5\ 15 U.S.C. 78s(g)(2).
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    Section 17(d)(1) of the Act \6\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\7\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
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    \6\ 15 U.S.C. 78q(d)(1).
    \7\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
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    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\8\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules.\9\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility to examine the firm for compliance with the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with financial
responsibility requirements. Rule 17d-1 does not relieve an SRO from
its obligation to examine a common member for compliance with its own
rules and provisions of the federal securities laws governing matters
other than financial responsibility, including

sales practices and trading activities and practices.
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    \8\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \9\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
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    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\10\ Rule 17d-2 permits
SROs to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for notice and comment, it determines that the plan is
necessary or appropriate in the public interest and for the protection
of investors, to foster cooperation and coordination among the SROs, to
remove impediments to, and foster the development of, a national market
system and a national clearance and settlement system, and is in
conformity with the factors set forth in Section 17(d) of the Act.
Commission approval of a plan filed pursuant to Rule 17d-2 relieves an
SRO of those regulatory responsibilities allocated by the plan to
another SRO.
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    \10\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
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II. The Plan

    On September 8, 1983, the Commission approved the SRO participants'
plan for allocating regulatory responsibilities pursuant to Rule 17d-
2.\11\ On May 23, 2000, the Commission approved an amendment to the
plan that added the ISE as a participant.\12\ On November 8, 2002, the
Commission approved another amendment that replaced the original plan
in its entirety and, among other things, allocated regulatory
responsibilities among all the participants in a more equitable
manner.\13\ On February 5, 2004, the parties submitted an amendment to
the plan, primarily to include the BSE, which was establishing a new
options trading facility to be known as BOX, as an SRO participant.\14\
On December 5, 2007, the parties submitted an amendment to the plan to,
among other things, provide that the National Association of Securities
Dealers (``NASD'') (n/k/a FINRA) and NYSE are Designated Options
Examining Authorities under the plan.\15\ On June 5, 2008, the parties
submitted an amendment to the plan primarily to remove the NYSE as a
Designated Options Examining Authority, leaving FINRA as the sole
Designated Options Examining Authority for all common members that are
members of FINRA.\16\ On February 9, 2010, the parties submitted a
proposed amendment to the plan to add BATS and C2 as SRO participants
and to reflect the name changes of the American Stock Exchange LLC to
the NYSE Amex LLC, the Boston Stock Exchange, Inc., to the NASDAQ OMX
BX, Inc. and the Philadelphia Stock Exchange, Inc. to the NASDAQ OMX
PHLX, Inc.\17\ On May 22, 2012, the parties submitted a proposed
amendment to add BOX as an SRO participant, and to amend Section XIII
of the plan to set forth a revised procedure for adding new
participants to the plan.\18\ On November 20, 2012, the parties
submitted a proposed amendment to add MIAX as an SRO participant, and
to change the name of NYSE Amex LLC to NYSE MKT LLC.\19\ On June 21,
2013, the parties submitted a proposed amendment to add Topaz Exchange
LLC as an SRO participant.\20\ On October 9, 2015, the parties
submitted a proposed amendment to add EDGX as an SRO participant and to
change the name of Topaz Exchange, LLC to ISE Gemini, LLC.\21\
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    \11\ See Securities Exchange Act Release No. 20158 (September 8,
1983), 48 FR 41256 (September 14, 1983).
    \12\ See Securities Exchange Act Release No. 42816 (May 23,
2000), 65 FR 34759 (May 31, 2000).
    \13\ See Securities Exchange Act Release No. 46800 (November 8,
2002), 67 FR 69774 (November 19, 2002).
    \14\ See Securities Exchange Act Release No. 49197 (February 5,
2004), 69 FR 7046 (February 12, 2004).
    \15\ See Securities Exchange Act Release No. 55532 (March 26,
2007), 72 FR 15729 (April 2, 2007).
    \16\ See Securities Exchange Act Release No. 57987 (June 18,
2008), 73 FR 36156 (June 25, 2008).
    \17\ See Securities Exchange Act Release No. 61589 (February 25,
2012), 75 FR 9976 (March 4, 2010).
    \18\ See Securities Exchange Act Release No. 66974 (May 11,
2012), 77 FR 29705 (May 18, 2012).
    \19\ See Securities Exchange Act Release No. 68363 (December 5,
2012), 77 FR 73711 (December 11, 2012).
    \20\ See Securities Exchange Act Release No. 70051 (July 26,
2013), 78 FR 46644 (August 1, 2013).
    \21\ See Securities Exchange Act Release No. 76309 (October 29,
2015), 80 FR 68361 (November 4, 2015).
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    The plan reduces regulatory duplication for a large number of firms
currently members of two or more of the SRO participants by allocating
regulatory responsibility for certain options-related sales practice
matters to one of the SRO participants. Generally, under the plan, the
SRO participant responsible for conducting options-related sales
practice examinations of a firm, and investigating options-related
customer complaints and terminations for cause of associated persons of
that firm, is known as the firm's ``Designated Options Examining
Authority'' (``DOEA''). Pursuant to the plan, any other SRO of which
the firm is a member is relieved of these responsibilities during the
period in which the firm is assigned to another SRO acting as that
firm's DOEA.

III. Proposed Amendment to the Plan

    On February 3, 2016, the Parties submitted a proposed amendment to
the Plan. The primary purpose of the amendment is to add ISE Mercury,
and remove the NYSE, as a Participant to the Plan. The text of the
proposed amended 17d-2 plan is as follows (additions are italicized;
deletions are [bracketed]):
* * * * *

Agreement by and among BATS Exchange, Inc., BOX Options Exchange, LLC,
the Chicago Board Options Exchange, Incorporated, C2 Options Exchange,
Incorporated, the International Securities Exchange, LLC, Financial
Industry Regulatory Authority, Inc., Miami International Securities
Exchange, LLC, [the New York Stock Exchange LLC,] the NYSE MKT LLC, the
NYSE Arca, Inc., The NASDAQ Stock Market LLC, NASDAQ OMX BX, Inc., the
NASDAQ OMX PHLX LLC, ISE Gemini, LLC, [and] EDGX Exchange, Inc. and ISE
Mercury, LLC, Pursuant to Rule 17d-2 under the Securities Exchange Act
of 1934.

    This agreement (``Agreement''), by and among BATS Exchange, Inc.,
BOX Options Exchange, LLC, the Chicago Board Options Exchange,
Incorporated, C2 Options Exchange, Incorporated, the International
Securities Exchange, LLC, Financial Industry Regulatory Authority, Inc.
(``FINRA''), Miami International Securities Exchange, LLC, The NASDAQ
Stock Market LLC (``NASDAQ''), NASDAQ OMX BX, Inc., [the New York Stock
Exchange LLC (``NYSE''),] the NYSE MKT LLC, the NYSE Arca, Inc., the
NASDAQ OMX PHLX LLC, ISE Gemini, LLC, and EDGX Exchange, Inc.,
hereinafter collectively referred to as the Participants, is made this
[8th]2nd day of [October]February, 201[5]6, pursuant to the provisions
of Rule 17d-2 under the Securities Exchange Act of 1934 (the ``Exchange
Act''), which allows for plans among self-regulatory organizations to
allocate regulatory responsibility. This Agreement shall be
administered by a committee known as the Options Self-Regulatory
Council (the ``Council'').
    This Agreement amends and restates the agreement entered into among
the Participants on [June 21, 2013]October 8, 2015, entitled
``Agreement by and among BATS Exchange, Inc., BOX Options Exchange,
LLC, the Chicago Board Options Exchange, Incorporated, C2 Options
Exchange, Incorporated, the International Securities Exchange, LLC,

Financial Industry Regulatory Authority, Inc., Miami International
Securities Exchange, LLC, the New York Stock Exchange LLC, NYSE MKT
LLC, the NYSE Arca, Inc., the NASDAQ Stock Market LLC, NASDAQ OMX BX,
Inc., the NASDAQ OMX PHLX, Inc., ISE Gemini, LLC and [Topaz Exchange,
LLC]EDGX Exchange, Inc., Pursuant to Rule 17d-2 under the Securities
Exchange Act of 1934.''
    WHEREAS, the Participants are desirous of allocating regulatory
responsibilities with respect to broker-dealers, and persons associated
therewith, that are members \1\ of more than one Participant (the
``Common Members'') and conduct a public business for compliance with
Common Rules (as hereinafter defined) relating to the conduct by
broker-dealers of accounts for listed options, index warrants, currency
index warrants and currency warrants (collectively, ``Covered
Securities''); and
    WHEREAS, the Participants are desirous of executing a plan for this
purpose pursuant to the provisions of Rule 17d-2 and filing such plan
with the Securities and Exchange Commission (``SEC'' or the
``Commission'') for its approval;
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    \1\ In the case of BOX Options Exchange, LLC (``BOX''), NASDAQ
OMX BX, Inc. (``BX'') and NASDAQ members are those persons who are
options participants (as defined in the BOX, BX and NASDAQ Options
Market Rules).
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    Now, therefore, in consideration of the mutual covenants contained
hereafter, the Participants agree as follows:
    I. As used herein the term Designated Options Examining Authority
(``DOEA'') shall mean: (1) FINRA insofar as it shall perform Regulatory
Responsibility (as hereinafter defined) for its broker-dealer members
that also are members of another Participant or (2) the Designated
Examination Authority (``DEA'') pursuant to SEC Rule 17d-1 under the
Securities Exchange Act (``Rule 17d-1'') for a broker-dealer that is a
member of a more than one Participant (but not a member of FINRA).
    II. As used herein, the term ``Regulatory Responsibility'' shall
mean the examination and enforcement responsibilities relating to
compliance by Common Members with the rules of the applicable
Participant that are substantially similar to the rules of the other
Participants (the ``Common Rules''), insofar as they apply to the
conduct of accounts for Covered Securities. A list of the current
Common Rules of each Participant applicable to the conduct of accounts
for Covered Securities is attached hereto as Exhibit A. Each year
within 30 days of the anniversary date of the commencement of operation
of this Agreement, each Participant shall submit in writing to FINRA
and each DEA performing as a DOEA for any members of such Participant
any revisions to Exhibit A reflecting changes in the rules of the
Participant, and confirm that all other rules of the Participant listed
in Exhibit A continue to meet the definition of Common Rules as defined
in this Agreement. Within 30 days from the date that FINRA and each DEA
performing as a DOEA has received revisions and/or confirmation that no
change has been made to Exhibit A from all Participants, FINRA and each
DEA performing as a DOEA shall confirm in writing to each Participant
whether the rules listed in any updated Exhibit A are Common Rules as
defined in this Agreement. Notwithstanding anything herein to the
contrary, it is explicitly understood that the term ``Regulatory
Responsibility'' does not include, and each of the Participants shall
(unless allocated pursuant to Rule 17d-2 otherwise than under this
Agreement) retain full responsibility for, each of the following:
    (a) Surveillance and enforcement with respect to trading activities
or practices involving its own marketplace, including without
limitation its rules relating to the rights and obligations of
specialists and other market makers;
    (b) Registration pursuant to its applicable rules of associated
persons;
    (c) Discharge of its duties and obligations as a DEA; and
    (d) Evaluation of advertising, responsibility for which shall
remain with the Participant to which a Common Member submits same for
approval.
    III. Apparent violations of another Participant's rules discovered
by a DOEA, but which rules are not within the scope of the discovering
DOEA's Regulatory Responsibility, shall be referred to the relevant
Participant for such action as the Participant to which such matter has
been referred deems appropriate. Notwithstanding the foregoing, nothing
contained herein shall preclude a DOEA in its discretion from
requesting that another Participant conduct an enforcement proceeding
on a matter for which the requesting DOEA has Regulatory
Responsibility. If such other Participants agree, the Regulatory
Responsibility in such case shall be deemed transferred to the
accepting Participant and confirmed in writing by the Participants
involved. Each Participant agrees, upon request, to make available
promptly all relevant files, records and/or witnesses necessary to
assist another Participant in an investigation or enforcement
proceeding.
    IV. The Council shall be composed of one representative designated
by each of the Participants. Each Participant shall also designate one
or more persons as its alternate representative(s). In the absence of
the representative of a Participant, such alternate representative
shall have the same powers, duties and responsibilities as the
representative. Each Participant may, at any time, by notice to the
then Chair of the Council, replace its representative and/or its
alternate representative on such Council. A majority of the Council
shall constitute a quorum and, unless specifically otherwise required,
the affirmative vote of a majority of the Council members present (in
person, by telephone or by written consent) shall be necessary to
constitute action by the Council. The representative from FINRA shall
serve as Chair of the Council. All notices and other communications for
the Council shall be sent to it in care of the Chair or to each of the
representatives.
    V. The Council shall determine the times and locations of Council
meetings, provided that the Chair, acting alone, may also call a
meeting of the Council in the event the Chair determines that there is
good cause to do so. To the extent reasonably possible, notice of any
meeting shall be given at least ten-business days prior thereto.
Notwithstanding anything herein to the contrary, representatives shall
always be given the option of participating in any meeting
telephonically at their own expense rather than in person.
    VI. FINRA shall have Regulatory Responsibility for all Common
Members that are members of FINRA. For the purpose of fulfilling the
Participants' Regulatory Responsibilities for Common Members that are
not members of FINRA, the Participant that is the DEA shall serve as
the DOEA. All Participants shall promptly notify the DOEAs no later
than the next scheduled meeting of any change in membership of Common
Members. A DOEA may request that a Common Member that is allocated to
it be reallocated to another DOEA by giving thirty days written notice
thereof. The DOEAs in their discretion may approve such request and
reallocate such Common Member to another DOEA.
    VII. Each DOEA shall conduct an examination of each Common Member.
The Participants agree that, upon request, relevant information in
their respective files relative to a Common Member will be made
available to the applicable DOEA. At each meeting of the Council, each
DOEA shall be

prepared to report on the status of its examination program for the
previous quarter and any period prior thereto that has not previously
been reported to the Council.
    VIII. Each DOEA will promptly furnish a copy of the Examination
report, relating to Covered Securities, of any examination made
pursuant to the provisions of this Agreement to each other Participant
of which the Common Member examined is a member.
    IX. Each DOEA's Regulatory Responsibility shall for each Common
Member allocated to it include investigations into terminations ``for
cause'' of associated persons relating to Covered Securities, unless
such termination is related solely to another Participant's market. In
the latter instance, that Participant to whose market the termination
for cause relates shall discharge Regulatory Responsibility with
respect to such termination for cause. In connection with a DOEA's
examination, investigation and/or enforcement proceeding regarding a
Covered Security-related termination for cause, the other Participants
of which the Common Member is a member shall furnish, upon request,
copies of all pertinent materials related thereto in their possession.
As used in this Section, ``for cause'' shall include, without
limitation, terminations characterized on Form U5 under the label
``Permitted to Resign,'' ``Discharge'' or ``Other.''
    X. Each DOEA shall discharge the Regulatory Responsibility for each
Common Member allocated to it relative to a Covered Securities-related
customer complaint \2\ unless such complaint is uniquely related to
another Participant's market. In the latter instance, the DOEA shall
forward the matter to that Participant to whose market the matter
relates, and the latter shall discharge Regulatory Responsibility with
respect thereto. If a Participant receives a customer complaint for a
Common Member related to a Covered Security for which the Participant
is not the DOEA, the Participant shall promptly forward a copy of such
complaint to the DOEA.
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    \2\ For purposes of complaints, they can be reported pursuant to
Form U4, Form U5 or RE-3 and any amendments thereto.
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    XI. Any written notice required or permitted to be given under this
Agreement shall be deemed given if sent by certified mail, return
receipt requested, or by a comparable means of electronic communication
to each Participant entitled to receipt thereof, to the attention of
the Participant's representative on the Council at the Participant's
then principal office or by email at such address as the representative
shall have filed in writing with the Chair.
    XII. The Participants shall notify the Common Members of this
Agreement by means of a uniform joint notice approved by the Council.
    XIII. This Agreement may be amended to add a new Participant
provided that such Participant does not assume Regulatory
Responsibility, solely by an amendment by FINRA and such new
Participant. All other Participants expressly consent to allow FINRA to
add new Participants to this Agreement as provided above. FINRA will
promptly notify all Participants of any such amendments to add new
Participants. All other amendments to this Agreement must be approved
in writing by each Participant. All amendments, including adding a new
Participant, must be filed with and approved by the SEC before they
become effective.
    XIV. Any of the Participants may manifest its intention to cancel
its participation in this Agreement at any time by giving the Council
written notice thereof at least 90 days prior to the effective date of
such cancellation. Upon receipt of such notice the Council shall
allocate, in accordance with the provisions of this Agreement, any
Common Members for which the petitioning party was the DOEA. Until such
time as the Council has completed the reallocation described above; the
petitioning Participant shall retain all its rights, privileges, duties
and obligations hereunder.
    XV. The cancellation of its participation in this Agreement by any
Participant shall not terminate this Agreement as to the remaining
Participants. This Agreement will only terminate following notice to
the Commission, in writing, by the then Participants that they intend
to terminate the Agreement and the expiration of the applicable notice
period. Such notice shall be given at least six months prior to the
intended date of termination, provided that in the event a notice of
cancellation is received from a Participant that, assuming the
effectiveness thereof, would result in there being just one remaining
member of the Council, notice to the Commission of termination of this
Agreement shall be given promptly upon the receipt of such notice of
cancellation, which termination shall be effective upon the
effectiveness of the cancellation that triggered the notice of
termination to the Commission.
    XVI. No Participant nor the Council nor any of their respective
directors, governors, officers, employees or representatives shall be
liable to any other Participant in this Agreement for any liability,
loss or damage resulting from or claimed to have resulted from any
delays, inaccuracies, errors or omissions with respect to the provision
of Regulatory Responsibility as provided hereby or for the failure to
provide any such Responsibility, except with respect to such liability,
loss or damages as shall have been suffered by one or more of the
Participants and caused by the willful misconduct of one or more of the
other participants or their respective directors, governors, officers,
employees or representatives. No warranties, express or implied, are
made by any or all of the Participants or the Council with respect to
any Regulatory Responsibility to be performed by each of them
hereunder.
    XVII. Pursuant to Section 17(d)(1)(A) of the Securities Exchange
Act of 1934 and Rule 17d-2 promulgated pursuant thereto, the
Participants join in requesting the Securities and Exchange Commission,
upon its approval of this Agreement or any part thereof, to relieve
those Participants which are from time to time participants in this
Agreement which are not the DOEA as to a Common Member of any and all
Regulatory Responsibility with respect to the matters allocated to the
DOEA.
* * * * *

REVISED [October 8, 2015] February 2, 2016

EXHIBIT A

RULES ENFORCED UNDER 17d-2 AGREEMENT

    Pursuant to Section II of the Agreement by and among BATS Exchange,
Inc. (``BATS''), BOX Options Exchange, LLC (``BOX''), the Chicago Board
Options Exchange, Incorporated (``CBOE''), C2 Options Exchange,
Incorporated (``C2''), the International Securities Exchange, LLC
(``ISE''), Financial Industry Regulatory Authority, Inc. (``FINRA''),
Miami International Securities Exchange, LLC (``MIAX''), The NASDAQ
Stock Market LLC (``NASDAQ''), NASDAQ OMX BX, Inc. (``BX''), [the New
York Stock Exchange LLC (``NYSE''),] the NYSE MKT LLC (``NYSE MKT''),
the NYSE Arca, Inc. (``NYSE ARCA''), the NASDAQ OMX PHLX LLC
(``PHLX''), ISE Gemini, LLC (``ISE Gemini''), [and] EDGX Exchange, Inc.
(``EDGX'') and ISE Mercury, LLC (``ISE Mercury'') pursuant to Rule 17d-
2 under the Securities Exchange Act of 1934 dated [October 8, 2016]
February 2, 2016 (the

``Agreement''), a revised list of the current Common Rules of each
Participant, as compared to those of FINRA, applicable to the conduct
of accounts for Covered Securities is set forth in this Exhibit A.

                           OPENING OF ACCOUNTS
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------------------------------------------------------------------------
NYSE MKT............................  Rules 411, 921 and 1101.
BATS................................  Rule 26.2.
BOX.................................  Rule 4020.
CBOE................................  Rule 9.7.
C2*.................................  CBOE Rule 9.7.
EDGX................................  Rule 26.2.
ISE.................................  Rule 608.
FINRA...............................  Rules 2360(b)(16) and 2352.
MIAX................................  Rule 1307.
[NYSE...............................  N/A].
ISE Gemini..........................  Rule 608.
ISE Mercury.........................  Rule 608.
PHLX................................  Rule 1024(b) and (c)\1\.
NYSE ARCA...........................  Options Rules 9.2(a) and 9.18(b)
                                       and Equities Rules 9.18(b) and
                                       8.4.
BX..................................  Chapter XI, Section 7.
NASDAQ..............................  Chapter XI, Section 7.
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\1\ FINRA shall not have any Regulatory Responsibility regarding foreign
  currency option requirements specified in any of the PHLX rules in
  this Exhibit A.

                               SUPERVISION
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rules 411, 922 and 1104.
BATS................................  Rule 26.3.
BOX.................................  Rule 4030.
CBOE................................  Rule 9.8.\2\
C2..................................  CBOE Rule 9.8.\2\
EDGX................................  Rule 26.3.
ISE.................................  Rule 609.
FINRA...............................  Rules 2360(b)(20), 2360(b)(17)(B),
                                       2360(b)(16)(E), 2355 and 2358.
MIAX................................  Rule1308.
ISE Gemini..........................  Rule 609.
ISE Mercury.........................  Rule 609.
[NYSE...............................  N/A].
PHLX................................  Rule 1025.
NYSE ARCA...........................  Options Rules 9.2(b) and
                                       9.18(d)(2)(G) and Equities Rules
                                       9.18(d)(2)(G) and 8.7.
BX..................................  Chapter XI, Section 8.
NASDAQ..............................  Chapter XI, Section 8.
------------------------------------------------------------------------
\2\ FINRA shall not have any Regulatory Responsibility regarding receipt
  of written reports by April 1 of each year pursuant to CBOE Rule
  9.8(g).

                               SUITABILITY
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rules 923 and 1102.
BATS................................  Rule 26.4.
BOX.................................  Rule 4040.
CBOE................................  Rule 9.9.
C2..................................  CBOE Rule 9.9.
EDGX................................  Rule 26.4.
ISE.................................  Rule 610.
FINRA...............................  Rule 2360(b)(19) and 2353.
MIAX................................  Rule 1309.
ISE Gemini..........................  Rule 610.
ISE Mercury.........................  Rule 610.
[NYSE...............................  N/A].
PHLX................................  Rule 1026.
NYSE ARCA...........................  Options Rule 9.18(c) and Equities
                                       Rules 9.18(c) and 8.5.
BX..................................  Chapter XI, Section 9.
NASDAQ..............................  Chapter XI, Section 9.
------------------------------------------------------------------------

                         DISCRETIONARY ACCOUNTS
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rules 421, 924 and 1103.
BATS................................  Rule 26.5.\3\
BOX.................................  Rule 4050.
CBOE................................  Rule 9.10.
C2..................................  CBOE Rule 9.10.
EDGX................................  Rule 26.5.\3\
ISE.................................  Rule 611.
FINRA...............................  Rules 2360(b)(18) and 2354.
MIAX................................  Rule 1310.
ISE Gemini..........................  Rule 611.
ISE Mercury.........................  Rule 611.
[NYSE...............................  N/A].
PHLX................................  Rule 1027.
NYSE ARCA...........................  Options Rule 9.18(e) and Equities
                                       Rules 9.18(e) and 8.6.
BX..................................  Chapter XI, Section 10.
NASDAQ..............................  Chapter XI, Section 10.
------------------------------------------------------------------------
\3\ FINRA shall not have any Regulatory Responsibility to enforce this
  rule as to time and price discretion in institutional accounts.

                  CUSTOMER COMMUNICATIONS (ADVERTISING)
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rules 991 and 1106.
BATS................................  Rule 26.16.
BOX.................................  Rule 4170.
CBOE................................  Rule 9.21.
C2..................................  CBOE Rule 9.21.
EDGX................................  Rule 26.16.
ISE.................................  Rule 623.
FINRA...............................  Rules 2220 and 2357.
MIAX................................  Rule 1322.
ISE Gemini..........................  Rule 623.
ISE Mercury.........................  Rule 623.
[NYSE...............................  N/A].
PHLX................................  N/A.
NYSE ARCA...........................  Options Rules 9.21(a) and 9.21(b).
BX..................................  Chapter XI, Section 22.
NASDAQ..............................  Chapter XI, Section 22.
------------------------------------------------------------------------

                           CUSTOMER COMPLAINTS
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rules 932 and 1105.
BATS................................  Rule 26.17.
BOX.................................  Rule 4190.
CBOE................................  Rule 9.23.
C2..................................  CBOE Rule 9.23.
EDGX................................  Rule 26.17.
ISE.................................  Rule 625.
FINRA...............................  FINRA Rules 2360(b)(17)(A) and
                                       2356.
MIAX................................  Rule 1324.
ISE Gemini..........................  Rule 625.
ISE Mercury.........................  Rule 625.
[NYSE...............................  N/A].
PHLX................................  Rule [1070]1028.
NYSE ARCA...........................  Options Rule 9.18(I) and Equities
                                       Rules 9.18(l) and 8.8.
BX..................................  Chapter XI, Section 24.
NASDAQ..............................  Chapter XI, Section 24.
------------------------------------------------------------------------

                           CUSTOMER STATEMENTS
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rules 419 and 930.
BATS................................  Rule 26.7.
BOX.................................  Rule 4070.
CBOE................................  Rule 9.12.
C2..................................  CBOE Rule 9.12.
EDGX................................  Rule 26.7.
ISE.................................  Rules 613.
FINRA...............................  Rule 2360(b)(15).
MIAX................................  Rule 1312.
ISE Gemini..........................  Rule 613.
ISE Mercury.........................  Rule 613.
[NYSE...............................  N/A].
PHLX................................  Rule 1032.
NYSE ARCA...........................  Options Rule 9.18(j) and Equities
                                       Rule 9.18(j).
BX..................................  Chapter XI, Sections 12.
NASDAQ..............................  Chapter XI, Section 12.
------------------------------------------------------------------------

                              CONFIRMATIONS
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rule 925.
BATS................................  Rule 26.6.
BOX.................................  Rule 4060.
CBOE................................  Rule 9.11.
C2..................................  CBOE Rule 9.11.
EDGX................................  Rule 26.6.
ISE.................................  Rule 612.
FINRA...............................  Rule 2360(b)(12).
MIAX................................  Rule 1311.
ISE Gemini..........................  Rule 612.
ISE Mercury.........................  Rule 612.
[NYSE...............................  N/A].
PHLX................................  Rule 1028.
NYSE ARCA...........................  Options Rule 9.18(f) and Equities
                                       Rule 9.18(j).
BX..................................  Chapter XI, Section 11.
NASDAQ..............................  Chapter XI, Section 11.
------------------------------------------------------------------------

                ALLOCATION OF EXERCISE ASSIGNMENT NOTICES
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rule 981.
BATS................................  Rule 23.2.
BOX.................................  Rule 9010.
CBOE................................  Rule 11.2.
C2..................................  CBOE Rule 11.2.
EDGX................................  Rule 23.2.
ISE.................................  Rule 1101.
FINRA...............................  Rule 2360(b)(23)(C).
MIAX................................  Rule 701.
ISE Gemini..........................  Rule 1101.
ISE Mercury.........................  Rule 1101.
[NYSE...............................  N/A].
PHLX................................  Rule 1043.
NYSE ARCA...........................  Options Rule 6.25(a).
BX..................................  Chapter VIII, Section 2.
NASDAQ..............................  Chapter VIII, Section 2.
------------------------------------------------------------------------

                          DISCLOSURE DOCUMENTS
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rules 921 and 926.
BATS................................  Rule 26.10.
BOX.................................  Rule 4100.
CBOE................................  Rule 9.15.
C2..................................  CBOE Rule 9.15.
EDGX................................  Rule 26.10.
ISE.................................  Rule 616.
FINRA...............................  Rule 2360(b)(11).
MIAX................................  Rule 1315.
ISE Gemini..........................  Rule 616.

ISE Mercury.........................  Rule 616.
[NYSE...............................  N/A].
PHLX................................  Rule 1024(b)(v), 1029.
NYSE ARCA...........................  Options Rule 9.18(g) and Equities
                                       Rule 9.18(g).
BX..................................  Chapter XI, Section 15.
NASDAQ..............................  Chapter XI, Section 15.
------------------------------------------------------------------------

                 BRANCH OFFICES OF MEMBER ORGANIZATIONS
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rule 922(d).\4\
BOX.................................  Rule 4010(b).
CBOE................................  Rule 9.6.
C2..................................  CBOE Rule 9.6.
ISE.................................  Rule 607.
FINRA...............................  Rules 2360(b)(20)(B) and 2355.
MIAX................................  Rule 1306.
ISE Gemini..........................  Rule 607.
ISE Mercury.........................  Rule 607.
[NYSE...............................  N/A].
PHLX................................  N/A.
NYSE ARCA...........................  Options Rule 9.18(m) and Equities
                                       Rule 9.18(m).
BX..................................  Chapter XI, Section 6.
NASDAQ..............................  Chapter XI, Section 6.
------------------------------------------------------------------------
\4\ FINRA shall only have Regulatory Responsibility for the first
  paragraph and shall not have any Regulatory Responsibility regarding
  the requirements for debt options.

                     PROHIBITION AGAINST GUARANTEES
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rule 390.
BATS................................  Rule 26.13.
BOX.................................  Rule 4130.
CBOE................................  Rule 9.18.
C2..................................  CBOE Rule 9.18.
EDGX................................  Rule 26.13.
ISE.................................  Rules 619.
FINRA...............................  Rule 2150(b).
MIAX................................  Rule 1318.
ISE Gemini..........................  Rule 619.
ISE Mercury.........................  Rule 619.
[NYSE...............................  Rule 2150(b)].
PHLX................................  Rule 777.
NYSE ARCA...........................  Options Rule 9.1(e).
BX..................................  Chapter XI, Sections 18 and 19.
NASDAQ..............................  Chapter XI, Sections 18 and 19.
------------------------------------------------------------------------

                           SHARING IN ACCOUNTS
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rule 390.
BATS................................  Rule 26.14.\6\
BOX.................................  Rule 4140.
CBOE................................  Rule 9.18(b).
C2..................................  CBOE Rule 9.18(b).
EDGX................................  Rule 26.14.\6\
ISE.................................  Rule 620.\5\
FINRA...............................  Rule 2150(c).
MIAX................................  Rule 1319.
ISE Gemini..........................  Rule 620.\5\
ISE Mercury.........................  Rule 620.\5\
[NYSE...............................  Rules 2150(c)].
PHLX................................  N/A.
NYSE ARCA...........................  Options Rule 9.1(f).
BX..................................  Chapter XI, Section 19.\6\
NASDAQ..............................  Chapter XI, Section 19.\6\
------------------------------------------------------------------------
\5\ FINRA shall not have any Regulatory Responsibility regarding ISE's,
  [and] ISE Gemini's and ISE Mercury's requirements to the extent its
  rule does not contain an exception to permit sharing in the profits
  and losses of an account.
\6\ FINRA shall not have any Regulatory Responsibility regarding
  NASDAQ's, BX's, BATS's, and EDGX's requirements to the extent such
  rules do not contain an exception addressing immediate family.

                           REGISTRATION OF ROP
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rule 920.
BATS................................  Rule 17.2(g)(1), (2), (6) and (7).
BOX.................................  Rule 2020(c)(1), (e)(1) and IM-
                                       2040-4 and IM-2040-5(b).
CBOE................................  Rule 9.2.
C2..................................  CBOE Rule 9.2.
EDGX................................  Rule 17.2(g)(1), (2), (6) and (7).
ISE.................................  Rule 601.
FINRA...............................  NASD Rules 1022(f), IM-1022-1, &
                                       1250(a)(1).
MIAX................................  Rule 1301.
ISE Gemini..........................  Rule 601.
ISE Mercury.........................  Rule 601.
[NYSE...............................  N/A].
PHLX................................  Rule 1024(a)(i).
NYSE ARCA...........................  Options Rule 9.26 and Equities
                                       Rule 9.26.
BX..................................  Chapter XI, Section 2 and Chapter
                                       II, Section 2(g).
NASDAQ..............................  Chapter XI, Section 2 and Chapter
                                       II, Section 2(g).
------------------------------------------------------------------------

               CERTIFICATION OF REGISTERED PERSONNEL [\7\]
------------------------------------------------------------------------

------------------------------------------------------------------------
NYSE MKT............................  Rule 920.
BATS................................  Rule 2.5 Interpretation .01(c) and
                                       11.4(e).
BOX.................................  IM-2040-3.
CBOE................................  Rule 9.3.
C2..................................  CBOE Rule 9.3.
EDGX................................  Rule 2.5 Interpretation .01(c) and
                                       11.4(e).
ISE.................................  Rule 602.
FINRA...............................  NASD Rule 1032(d).
MIAX................................  Rule 1302.
ISE Gemini..........................  Rule 602.
ISE Mercury.........................  Rule 602.
[NYSE...............................  N/A].
PHLX................................  Rule 1024.
NYSE ARCA...........................  Options Rule 9.27(a).
BX..................................  Chapter XI, Section 3 and Chapter
                                       II, Section 2(h).
NASDAQ..............................  Chapter XI, Section 3 and Chapter
                                       II, Section 2(h).
------------------------------------------------------------------------
[\7\ FINRA shall not have Regulatory Responsibility with regard to the
  Series 56 Examination under any exchange rules, as this examination is
  not recognized by FINRA.]

 IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing. 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 S7-966 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 S7-966. 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 plan that are filed with the
Commission, and all written communications relating to the proposed
plan 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 the plan also will be available for inspection and
copying at the principal offices of FINRA and ISE Mercury. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number S7-966 and should be submitted
on or before March 14, 2016.

V. Discussion

    The Commission continues to believe that the proposed plan is an
achievement in cooperation among the SRO participants. The Plan, as
amended, will reduce unnecessary regulatory duplication by allocating
to the designated SRO the responsibility for certain options-related
sales practice matters that would otherwise be

performed by multiple SROs. The plan promotes efficiency by reducing
costs to firms that are members of more than one of the SRO
participants. In addition, because the SRO participants coordinate
their regulatory functions in accordance with the plan, the plan
promotes, and will continue to promote, investor protection.
    Under paragraph (c) of Rule 17d-2, the Commission may, after
appropriate notice and comment, declare a plan, or any part of a plan,
effective. In this instance, the Commission believes that appropriate
notice and comment can take place after the proposed amendment is
effective. The primary purpose of the amendment is to add ISE Mercury
as a Participant, and remove the NYSE as a Participant, to the Plan. By
declaring it effective today, the amended Plan can become effective and
be implemented without undue delay.\22\ The Commission notes that the
prior version of this plan immediately prior to this proposed amendment
was published for comment and the Commission did not receive any
comments thereon. Furthermore, the Commission does not believe that the
amendment to the plan raises any new regulatory issues that the
Commission has not previously considered.
---------------------------------------------------------------------------

    \22\ On January 29, 2016, the Commission approved ISE Mercury's
application for registration as a national securities exchange. See
Securities Exchange Act Release No. 76998, 81 FR 6066 (February 4,
2016).
---------------------------------------------------------------------------

VI. Conclusion

    This order gives effect to the amended Plan submitted to the
Commission that is contained in File No. S7-966.
    It is therefore ordered, pursuant to Section 17(d) of the Act, that
the Plan, as amended, filed with the Commission pursuant to Rule 17d-2
on February 3, 2016, is hereby approved and declared effective.
    It is further ordered that those SRO participants that are not the
DOEA as to a particular common member are relieved of those regulatory
responsibilities allocated to the common member's DOEA under the
amended Plan to the extent of such allocation.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(34).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-03533 Filed 2-19-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Rules and Regulations]
[Pages 32767-32771]
[FR Doc No: 2017-14963]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0085; FRL-9965-02-Region 4]

Air Plan Approval; NC; Open Burning and Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve several revisions to the North Carolina State
Implementation Plan (SIP) submitted by the State of North Carolina
through the North Carolina Department of Environmental Quality
(formerly the North Carolina Department of Environment and Natural
Resources (NCDENR)), Division of Air Quality (DAQ), on October 14,
2004, March 24, 2006, and January 31, 2008. The revisions include
changes to several regulations and the addition of a new section to the
Exclusionary Rules of the North Carolina SIP. These revisions are part
of North Carolina's strategy to meet and maintain the national ambient
air quality standards (NAAQS). This action is being taken pursuant to
the Clean Air Act (CAA or Act) and its implementing regulations.

DATES: This direct final rule is effective September 18, 2017 without
further notice, unless EPA receives adverse comment by August 17, 2017.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0085 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman or Nacosta C. Ward, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached via telephone

at<PHONE_NUMBER> or via electronic mail at<EMAIL_ADDRESS>Ms.
Ward can be reached via telephone at<PHONE_NUMBER>, or via electronic
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Analysis of the State Submittals

    On October 14, 2004, March 24, 2006, and January 31, 2008, the
State of North Carolina, through NCDENR, submitted revisions to the
North Carolina SIP. These submissions pertain to revisions adopted by
the North Carolina Environmental Management Commission (EMC) on March
11, 2004, November 10, 2005, and July 11, 2007, respectively. Of the
revisions adopted, EPA is taking direct final action on the changes to
the following regulations: 15A NCAC Subchapter 2D--Air Pollution
Control Requirements, Section .0101, Definitions; Section .0103, Copies
of Referenced Federal Regulations; Section .1901 Purpose, Scope, and
Impermissible Open Burning Section; .1902, Definitions; Section .1903,
Permissible Open Burning Without An Air Quality Permit; Section .2001,
Purpose, Scope, and Applicability; and 15A NCAC Subchapter 2Q--Air
Quality Permits; Section .0103, Definitions; Section .0105, Copies of
Referenced Documents; Section .0304, Applications; Section .0305,
Application Submittal Content; Section .0806, Cotton Gins; Section
.0808, Peaking Shaving Generators; and Section .0810, Air Curtain
Burners. These changes are a part of North Carolina's strategy to
attain and maintain the NAAQS and are approvable into the North
Carolina SIP pursuant to section 110 of the CAA. EPA is not taking
action on revisions to 15A NCAC Subchapter 2D--Air Pollution Control
Requirements, Section .1201, Purpose and Scope, submitted on January
31, 2008, because this rule pertains to incinerators and addresses
emission guidelines under CAA sections 111(d) and 129 and 40 CFR part
60; it is not a part of the federally-approved SIP. EPA will take
separate action on 15A NCAC Subchapter 2D--Air Pollution Control
Requirements, Section .1904, Air Curtain Burners.
    The changes that are the subject of this direct final rulemaking
include an addition to the SIP of a new exclusionary rule for air
curtain burners, amendments to existing definitions and additions of
new definitions, amendments to open burning rules to account for new
nonattainment areas, amendments to permitting rules to make them
consistent with recent statutory changes, as well as modifications to
other rules for clarifications, updates, and corrections. Detailed
descriptions of the changes are below:
    1. Regulation 15A NCAC 2D, Section .0101, Definitions and 2Q .0103,
Definitions, as adopted by the EMC on March 11, 2004, and November 10,
2005:
     A definition of ``administrator'' is added and contains
two exceptions to whom it is referencing. The exceptions are for
certain rules to specify who the administrator is for that rule and
when EPA's delegation or approval specifically states that EPA's
authority is retained by the EPA Administrator and that authority is
not included in the delegation or approval. The definitions have been
renumbered to reflect this addition.
     2D, Section .0101 is amended to include the definition of
fine particulate matter ``PM2.5''.
     2Q, Section .0103 is also amended to change the definition
of ``construction'' to exclude construction for permitting purposes in
order to incorporate the activities defined by North Carolina statutes.
Those activities defined in this change are clearing and grading;
building access roads, driveways, and specified parking lots, building
and installing underground pipe work; or the building of ancillary
structures.
    2. Regulations 15A NCAC 2D, Section .0103, Copies of Referenced
Federal Regulations and 2Q, Section .0105, Copies of Referenced
Documents, as adopted by the EMC on November 10, 2005, are amended to
update the addresses of regional offices.
    3. Regulation 15A NCAC 2D, Section .1901, Purpose, Scope, and
Permissible Open Burning, as adopted by the EMC on March 11, 2004, and
July 11, 2007 (which revised some of the March 11, 2004, changes), is
amended to revise the purpose of the section to include the protection
of air quality in the immediate area of open burning and revise the
definition of open burning. Additionally, this rule title has also been
changed to Open Burning: Purpose: Scope.
    4. Regulation 15A NCAC 2D Sections .1902, Definitions and .1903,
Permissible Open Burning Without an Air Quality Permit, as adopted by
the EMC on March 11, 2004, November 10, 2005, and July 11, 2007:
     These rules are amended to account for new nonattainment
and forecast areas and to include forecasts for PM2.5.
    [cir] In Section .1902, definitions of ``initiated,''
``nonattainment area,'' ``off-site,'' ``air quality action day code
`orange' or above,'' ``air quality action day,'' ``smoke management
plan,'' ``pile,'' and ``permanent site'' have been added.
    [cir] In Sections .1902 and .1903, the definition of ``ozone
forecast area'' is replaced by ``air quality forecast area.''
    [cir] In Section .1903, the definition of ``ozone action day'' is
replaced by ``air quality action day.''
    [cir] Other Amendments under Section .1902:
     New forecast areas are added under the new definition
``air quality forecast area.''
    [cir] Other Amendments under Section .1903:
    This section is amended to:
     Give the regional office supervisor the discretion to
allow or disallow such burning of land clearing debris within less than
1000 feet from a dwelling;
     remove the regional office supervisor's ability to allow
fires to be initiated between 6 p.m. and 8 a.m. under favorable
meteorological conditions; and
     allow fires purposely set for the instruction and training
of personnel at permanent fire-fighting training facilities.
     The title of this section has been changed to Open Burning
Without an Air Quality Permit.
     This section has also been reorganized to read more
logically.
    5. Regulation 15A NCAC 2D, Section .2001, Purpose, Scope and
Applicability, as adopted by the EMC on November 10, 2005, is amended
to clarify the applicability of the transportation conformity rules,
which apply to areas identified as nonattainment or maintenance as
determined by EPA in the Code of Federal Regulations or to areas listed
in this rule.
    6. Regulation 15A NCAC 2Q, Sections .0304, Applications, and .0305,
Application Submittal Content, as adopted by the EMC on November 10,
2005, are amended to make the emissions inventory an integral part of
the permit application package. As a result, a permittee must submit an
emission inventory along with a request for permit renewal.
    7. Regulation 15A NCAC 2Q, Section .0806, Cotton Gins, as adopted
by the EMC on March 11, 2004, is amended to change the applicability of
this rule to include cotton gins that gin cotton year-round instead of
between September and January only. Paragraphs (c) and (g) of this rule
are also revised for clarity.
    8. Regulation 15A NCAC 2Q, Section .0808, Peak Shaving Generators,
as adopted by the EMC on November 10, 2005, is amended to change the
eligibility standard from one based on energy production to one based
on fuel

consumption, which is more readily accessible. This rule excludes from
Title V permitting requirements a facility's peak shaving generators if
the generators' annual fuel consumption is below the levels noted in
the rule. The fuel-consumption standard is designed to ensure that
potential emissions of NOX are below relevant permit
applicability thresholds, and the rule imposes reporting and
certification requirements on facilities claiming the exclusion.
Therefore, the revision will not interfere with attainment and
maintenance of the NAAQS pursuant to CAA section 110(l).
    9. Regulation 15A NCAC 2Q, Section .0810, Air Curtain Burners, adds
a new exclusionary rule for air curtain burners. This rule excludes
from Title V permitting requirements certain air curtain burners that
burn less than 8100 tons of land-clearing debris per year. The land-
clearing-debris standard is designed to ensure that potential emissions
of particulate matter are below relevant permit applicability
thresholds, and the rule imposes reporting and certification
requirements on facilities claiming the exclusion. Therefore, the
revision will not interfere with attainment and maintenance of the
NAAQS pursuant to CAA section 110(l).

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of 15A NCAC
Subchapter 2D--Air Pollution Control Requirements, Sect. .0101,
Definitions; Sect. .0103, Copies of Referenced Federal Regulations;
Sect. .1404, Recordkeeping: Reporting: Monitoring; Sect. .1901 Open
Burning: Purpose: Scope; Sect. .1902, Definitions; Sect. .1903, Open
Burning Without An Air Quality Permit; Sect. .2001, Purpose, Scope, and
Applicability; and Subchapter 2Q--Air Quality Permits, Sect. .0103,
Definitions; Sect. .0105, Copies of Referenced Documents; Sect. .0304,
Applications; Sect. .0305, Application Submittal Content; Sect. .0806,
Cotton Gins; Sect. .0808, Peaking Shaving Generators, and Sect. .0810,
Air Curtain Burners.
    Therefore, these materials have been approved by EPA for inclusion
in the State implementation plan, have been incorporated by reference
by EPA into that plan, are fully federally enforceable under sections
110 and 113 of the CAA as of the effective date of the final rulemaking
of EPA's approval, and will be incorporated by reference by the
Director of the Federal Register in the next update to the SIP
compilation.\1\ EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 4 Office (please contact the person identified in the For
Further Information Contact section of this preamble for more
information)
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    EPA is approving the aforementioned revisions to the North Carolina
SIP submitted by the State of North Carolina on October 14, 2004, March
24, 2006, and January 31, 2008, pursuant to section 110 because these
revisions are consistent with the CAA and EPA policy. Changes to the
other sections in these submissions will be processed in a separate
action, as appropriate, for approval into the North Carolina SIP. As
noted above, EPA is not taking action on changes to 15A NCAC Subchapter
2D--Air Pollution Control Requirements, Section .1201, Purpose and
Scope, as submitted on January 31, 2008, because this rule pertains to
incinerators and addresses emission guidelines under CAA sections
111(d) and 129 and 40 CFR part 60 and is not a part of the federally-
approved SIP.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective September 18,
2017 without further notice unless the Agency receives adverse comments
by August 17, 2017.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All adverse comments received will then be addressed
in a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on September 18, 2017 and
no further action will be taken on the proposed rule.
    Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, the Agency may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, we may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 18, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

    Dated: June 29, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart II--North Carolina

0
2. In section 52.1770 (c), Table 1 is amended:
0
a. Under Subchapter 2D--Air Pollution Control Requirements by revising
entries for ``Sect. .0101,'' ``Sect. .0103,'' ``Sect. .1901,'' ``Sect.
.1902,'' ``Sect. .1903,'' and ``Sect. .2001;''
0
b. Under Subchapter 2Q--Air Quality Permits by revising entries for
``Sect. .0103,'' ``Sect. .0105,'' ``Sect. .0304,'' ``Sect. .0305,''
``Sect. .0806,'' and ``Sect. .0808;'' and
0
c. Under Subchapter 2Q--Air Quality Permits by adding an entry for,
``Sect. .0810.''
    The revisions and addition read as follows:

Sec.  52.1770  Identification of plan

* * * * *
    (c) * * *

                                Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State        EPA approval
        State citation            Title/subject    effective date        date                Explanation
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D--Air Pollution Control Requirements
                                    Section .0100 Definitions and References
----------------------------------------------------------------------------------------------------------------
Sect. .0101...................  Definitions......      11/10/2005  7/18/2017         ...........................
                                                                    [Insert Federal
                                                                    Register
                                                                    citation].
Sect. .0103...................  Copies of              11/10/2005  7/18/2017         ...........................
                                 Referenced                         [Insert Federal
                                 Federal                            Register
                                 Regulations.                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Section .1900 Open Burning
----------------------------------------------------------------------------------------------------------------
Sect. 1901....................  Open Burning:           7/11/2007  7/18/2017         ...........................
                                 Purpose: Scope.                    [Insert Federal
                                                                    Register
                                                                    citation].
Sect. .1902...................  Definitions......       7/11/2007  7/18/2017         ...........................
                                                                    [Insert Federal
                                                                    Register
                                                                    citation].
Sect. .1903...................  Open Burning            7/11/2007  7/18/2017         ...........................
                                 Without A Permit.                  [Insert Federal
                                                                    Register
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Section .2000 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Sect. .2001...................  Purpose, Scope,        11/10/2005  7/18/2017         ...........................
                                 and                                [Insert Federal
                                 Applicability.                     Register
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Subchapter 2Q--Air Quality Permits
----------------------------------------------------------------------------------------------------------------
                                        Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sect. .0103...................  Definitions......      11/10/2005  7/18/2017         ...........................
                                                                    [Insert Federal
                                                                    Register
                                                                    citation].

                                                  * * * * * * *
Sect. .0105...................  Copies of              11/10/2005  7/18/2017         ...........................
                                 Referenced                         [Insert Federal
                                 Documents.                         Register
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Section .0300 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sect. .0304...................  Applications.....      11/10/2005  7/18/2017         ...........................
                                                                    [Insert Federal
                                                                    Register
                                                                    citation].
Sect. .0305...................  Application            11/10/2005  7/18/2017         ...........................
                                 Submittal                          [Insert Federal
                                 Content.                           Register
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Section .0800 Exclusionary Rules
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sect. .0806...................  Cotton Gins......       3/11/2004  7/18/2017         ...........................
                                                                    [Insert Federal
                                                                    Register
                                                                    citation].

                                                  * * * * * * *
Sect. .0808...................  Peak Shaving           11/10/2005  7/18/2017         ...........................
                                 Generators.                        [Insert Federal
                                                                    Register
                                                                    citation].
Sect. .0810...................  Air Curtain            11/10/2005  7/18/2017         ...........................
                                 Burners.                           [Insert Federal
                                                                    Register
                                                                    citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-14963 Filed 7-17-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 22 (Tuesday, February 3, 2015)]
[Notices]
[Pages 5742-5743]
[FR Doc No: 2015-02010]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-1173-004.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Amendment per 35.17(b): 2nd Amendment to NCEMC
NITSA SA 210 to be effective 1/1/2015.
    Filed Date: 1/27/15.
    Accession Number: 20150127-5051.
    Comments Due: 5 p.m. ET 2/17/15.

    Docket Numbers: ER14-1934-002; ER14-1935-002
    Applicants: Rising Tree Wind Farm LLC, Rising Tree Wind Farm II
LLC.
    Description: Notice of Non-Material Change in Status of Rising Tree
Wind Farm LLC, et. al.
    Filed Date: 1/26/15.
    Accession Number: 20150126-5395.
    Comments Due: 5 p.m. ET 2/17/15.

    Docket Numbers: ER15-647-001.
    Applicants: Kay Wind, LLC.
    Description: Tariff Amendment per 35.17(b): Kay Wind MBRA Amendment
12715 to be effective 2/16/2015.
    Filed Date: 1/27/15.
    Accession Number: 20150127-5119.
    Comments Due: 5 p.m. ET 2/17/15.

    Docket Numbers: ER15-744-000.
    Applicants: Trans Bay Cable LLC.
    Description: Errata to December 29, 2014 Trans Bay Cable LLC tariff
filing.
    Filed Date: 1/23/15.
    Accession Number: 20150123-5321.
    Comments Due: 5 p.m. ET 2/2/15.

    Docket Numbers: ER15-908-000.
    Applicants: Central Maine Power Company.
    Description: Tariff Withdrawal per 35.15: Notice of Cancellation of
Western Maine Renewables, LLC E&P Agreement to be effective 3/28/2015.
    Filed Date: 1/26/15.
    Accession Number: 20150126-5341.
    Comments Due: 5 p.m. ET 2/17/15.

    Docket Numbers: ER15-910-000.
    Applicants: Consumers Energy Company.
    Description: Application to Approve the Reclassification by the
Michigan Public Service Commission of Certain Assets from Distribution
to Transmission of Consumers Energy Company.
    Filed Date: 1/23/15.
    Accession Number: 20150123-5327.
    Comments Due: 5 p.m. ET 2/13/15.

    Docket Numbers: ER15-911-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Withdrawal per 35.15: Notices of Cancellation
SGIA and Distribution Service Agmt Adelanto Greenworks B to be
effective 1/28/2015.
    Filed Date: 1/27/15.
    Accession Number: 20150127-5128.
    Comments Due: 5 p.m. ET 2/17/15.

    Docket Numbers: ER15-912-000.
    Applicants: South Carolina Electric & Gas Company.
    Description: Compliance filing per 35: SCE&G Attachment H &
Schedule 1 to be effective 3/31/2010.
    Filed Date: 1/27/15.
    Accession Number: 20150127-5206.
    Comments Due: 5 p.m. ET 2/17/15.

    Docket Numbers: ER15-913-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Withdrawal per 35.15: Notice of Cancellation of
Original Service Agreement No. 3315; Queue No. X3-007 to be effective
1/27/2015.
    Filed Date: 1/27/15.
    Accession Number: 20150127-5208.
    Comments Due: 5 p.m. ET 2/17/15.

    Docket Numbers: ER15-914-000.
    Applicants: Western Antelope Blue Sky Ranch A LLC.
    Description: Initial rate filing per 35.12 Western Antelope Blue
Sky Ranch A LLC SFA to be effective 2/1/2015.
    Filed Date: 1/27/15.
    Accession Number: 20150127-5217.
    Comments Due: 5 p.m. ET 2/17/15.

    Docket Numbers: ER15-915-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
01-27_SA 2193 MidAmerican-CIPCO GFA to be effective 1/28/2015.
    Filed Date: 1/27/15.
    Accession Number: 20150127-5225.
    Comments Due: 5 p.m. ET 2/17/15.

    Docket Numbers: ER15-916-000.
    Applicants: Sierra Solar Greenworks LLC.
    Description: Initial rate filing per 35.12 Sierra Solar Greenworks
LLC SFA to be effective 2/1/2015.
    Filed Date: 1/27/15.
    Accession Number: 20150127-5237.
    Comments Due: 5 p.m. ET 2/17/15.

    Take notice that the Commission received the following land
acquisition reports:
    Docket Numbers: LA14-4-000.
    Applicants: Blue Canyon Windpower LLC, Blue Canyon Windpower II
LLC,

Blue Canyon Windpower V LLC, Blue Canyon Windpower VI LLC, Cloud County
Wind Farm, LLC, Sustaining Power Solutions LLC.
    Description: Quarterly Land Acquisition Report of Blue Canyon
Windpower LLC, et. al.
    Filed Date: 1/26/15.
    Accession Number: 20150126-5393.
    Comments Due: 5 p.m. ET 2/17/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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.
    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: January 27, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-02010 Filed 2-2-15; 8:45 am]
BILLING CODE 6717-01-P