[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Notices]
[Page 39597-39599]
[DOCID:fr09jy10-105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62442; File No. SR-ISE-2010-64]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Expand Its $1 Strike Program

July 2, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on June 24, 2010, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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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 ISE proposes to expand the $1 Strike Program. The text of the
proposed rule change is available on the Exchange's Web site (http://
www.ise.com), at the principal office of the Exchange, on the
Commission's Web site at http://www.sec.gov, 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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.

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

1. Purpose
    The purpose of this proposed rule change is to expand the $1 Strike
Program.\3\ The $1 Strike Program currently allows ISE to select a
total of 55 individual stocks on which option series may be listed at
$1 strike price intervals. In order to be eligible for selection into
the $1 Strike Program, the underlying stock must close below $50 in its
primary market on the previous trading day. If selected for the $1
Strike Program, the Exchange may list strike prices at $1 intervals
from $1 to $50, but no $1 strike price may be listed that is greater
than $5 from the underlying stock's closing price in its primary market
on the previous day. The Exchange may also list $1 strikes on any other
option class designated by another securities exchange that employs a
similar $1 Strike Program under their respective rules. The Exchange
may not list long-term option series (``LEAPS'') \4\ at $1 strike price
intervals for any class selected for the $1 Strike Program, except as
specified in subparagraph (c) to Supplementary Material .01 to Rule
504.\5\ The Exchange is also restricted from listing series with $1
intervals within $0.50 of an existing strike price in the same series,
except that strike

prices of $2, $3, and $4 shall be permitted within $0.50 of an existing
strike price for classes also selected to participate in the $0.50
Strike Program.\6\
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    \3\ The Commission approved the $1 Strike Program as a pilot on
June 16, 2003. See Securities Exchange Act Release No. 48033 (June
16, 2003), 68 FR 37036 (June 20, 2003) (SR-ISE-2003-17). The $1
Strike Program was subsequently extended through June 5, 2008. See
Exchange Act Release Nos. 49827 (June 8, 2004), 69 FR 33966 (June
17, 2004) (SR-ISE-2004-21); 50060 (July 22, 2004), 69 FR 45864 (July
30, 2004) (SR-ISE-2004-26); 51769 (May 31, 2005), 70 FR 33232 (June
7, 2005) (SR-ISE-2005-22); 53806 (May 15, 2006), 71 FR 29694 (SR-
ISE-2006-20); and 55715 (May 7, 2007), 72 FR 26854 (May 11, 2007)
(SR-ISE-2007-26). The $1 Strike Program was subsequently expanded
and permanently approved in 2008. See Securities Exchange Act
Release No. 57169 (January 18, 2008), 73 FR 4654 (January 25, 2008)
(SR-ISE-2007-110). The $1 Strike Program was last expanded in 2009.
See Securities Exchange Act Release No. 59587 (March 17, 2009), 74
FR 12414 (March 24, 2009) (SR-ISE-2009-04).
    \4\ LEAPS are long-term options that generally have up to
thirty-nine months from the time they are listed until expiration.
See Rule 506, Long-Term Options Contracts.
    \5\ Supplementary Material .01(c) to Rule 504 states that the
Exchange may list $1 strike prices up to $5 in LEAPS in up to 200
option classes in individual stocks. See Securities Exchange Act
Release No. 61102 (December 3, 2009), 74 FR 65191 (December 9, 2009)
(SR-ISE-2009-102).
    \6\ Regarding the $0.50 Strike Program, which allows $0.50
strike price intervals for options on stocks trading at or below
$3.00, see Supplementary Material .05 to Rule 504 and Securities
Exchange Act Release No. 60696 (September 18, 2009), 74 FR 49053
(September 25, 2009) (SR-ISE-2009-65). See also Securities Exchange
Act Release No. 61737 (March 18, 2010), 75 FR 14225 (March 24, 2010)
(SR-ISE-2010-22) (allowing concurrent listing of $3.50 and $4
strikes for classes that participate in both the $0.50 Strike
Program and the $1 Strike Program).
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    The Exchange now proposes to expand the $1 Strike Program to allow
ISE to select a total of 150 individual stocks on which option series
may be listed at $1 strike price intervals. The existing restrictions
on listing $1 strikes would continue, i.e., no $1 strike price may be
listed that is greater than $5 from the underlying stock's closing
price in its primary market on the previous day, and ISE is restricted
from listing any series that would result in strike prices being $0.50
apart (unless an option class is selected to participate in both the $1
Strike Program and the $0.50 Strike Program).
    As stated in the Commission order that initially approved ISE's
Program and in subsequent extensions and expansions of the $1 Strike
Program,\7\ ISE believes that $1 strike price intervals provide
investors with greater flexibility in the trading of equity options
that overlie lower price stocks by allowing investors to establish
equity options positions that are better tailored to meet their
investment objectives.
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    \7\ See supra note 3.
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    During the time that the $1 Strike Program was a pilot, the
Exchange submitted three pilot reports to the Commission in which the
Exchange discussed, among other things, the strength and efficacy of
the Program based upon the steady increase in volume and open interest
of options traded on the Exchange at $1 strike price intervals; and
that the Program had not and, in the future, should not create capacity
problems for ISE or the Options Price Reporting Authority (``OPRA'')
systems.\8\ This has not changed. Moreover, the number of $1 strike
options traded on the Exchange has continued to increase since the
inception of the $1 Strike Program such that these options are now
among some of the most popular products traded on the Exchange.
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    \8\ See Exchange Act Release Nos. 49827 (June 8, 2004), 69 FR
33966 (June 17, 2004) (SR-ISE-2004-21); 50060 (July 22, 2004), 69 FR
45864 (July 30, 2004) (SR-ISE-2004-26); 51769 (May 31, 2005), 70 FR
33232 (June 7, 2005) (SR-ISE-2005-22); 53806 (May 15, 2006), 71 FR
29694 (SR-ISE-2006-20); and 55715 (May 7, 2007), 72 FR 26854 (May
11, 2007) (SR-ISE-2007-26).
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    The Exchange believes that market conditions have led to an
increase in the number of securities trading below $50 warranting the
proposed expansion of the $1 Strike Program. In addition, the Exchange
notes that this filing is based on a filing previously submitted by
NASDAQ OMX PHLX, Inc (``PHLX'') that the Commission recently
noticed.\9\ With regard to previous expansions of the $1 Strike
Program, the Commission has approved proposals from the options
exchanges that employ a $1 Strike Program in lockstep.
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    \9\ See Securities Exchange Act Release No. 62151 (May 21,
2010), 75 FR 30078 (May 28, 2010) (SR-Phlx-2010-72).
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    With regard to the impact of this proposal on system capacity, ISE
has analyzed its capacity and represents that it and OPRA have the
necessary systems capacity to handle the potential additional traffic
associated with the listing and trading of an expanded number of series
in the $1 Strike Program.
    The Exchange believes that the $1 Strike Program has provided
investors with greater trading opportunities and flexibility and the
ability to more closely tailor their investment and risk management
strategies and decisions to the movement of the underlying security.
Furthermore, the Exchange has not detected any material proliferation
of illiquid options series resulting from the narrower strike price
intervals. For these reasons, the Exchange requests an expansion of the
current $1 Strike Program and the opportunity to provide investors with
additional strikes for investment, trading, and risk management
purposes.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder and, in particular, the requirements of section
6(b) \10\ of the Act. Specifically, the Exchange believes the proposed
rule change is consistent with Section 6(b)(5) \11\ requirements that
the rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and perfect the mechanism for a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Exchange believes that expanding
the current $1 Strike Program will result in a continuing benefit to
investors by giving them more flexibility to closely tailor their
investment decisions in greater number of securities.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 C.F.R. 240.19b-4(f)(6). In addition, Rule 19b-
4(f)(6)(iii) 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 the pre-filing requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal is substantially similar to a rule of
another exchange that has been approved by the Commission.\14\
Therefore, the Commission designates the proposal operative upon
filing.\15\
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    \14\ See Securities Exchange Act Release No. 62420 (June 30,
2010) (SR-Phlx-2010-72) (order approving expansion of $1 Strike
Program to 150 classes).
    \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 the proposed rule
change, the

Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2010-64 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2010-64. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2010-64 and should be
submitted on or before July 30, 2010.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-16748 Filed 7-8-10; 8:45 am]
BILLING CODE 8010-01-P


Rochelle:

Yes, the laboratory may combine the three Method 0010 fractions extracted as per Method 3542 and analyze them as one using Method 8270C or D.  You should issue this response to all of the sources and testing companies.

Peter Westlin

Measurement Policy Group

OAQPS, SPPD

919-541-1058

Rochelle:

On the 0010 analytical for Delaq furnaces, what (if any) compositing is allowed?  I know that 8270 likes three separate fractions, but we have combined fractions in other programs to lower detection limits (which will likely be important here), and save on analytical costs.  The lab (we have generally used TestAmerica) has not had any problems combining analytical fractions prior to analysis.

Thanks,

Paul Ottenstein

Technical Director

Air Pollution Testing


[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Page 68596]
[FR Doc No: 2023-22021]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-2938-000]

Blackwater Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Blackwater Solar, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 18, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: September 28, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-22021 Filed 10-3-23; 8:45 am]
BILLING CODE 6717-01-P


To:
Integrated Iron and Steel (II&S) Response to Louisiana Environmental Action Network (LEAN) Decision Project File
From:
Phil Mulrine and Chuck French, OAQPS/EPA
Date:
January 17, 2023
Subject:
Minutes of the January 17, 2023 Conference Call with the American Iron and Steel Institute
NESHAP for Integrated Iron and Steel Manufacturing

I.	Introduction
A conference call between the U.S. Environmental Protection Agency (EPA) and the American Iron and Steel Institute (AISI) was held on January 17, 2023. The purpose of the meeting was to discuss potential work practice and opacity requirements for the national emission standards for hazardous air pollutants (NESHAP) for the integrated iron and steel (II&S) manufacturing industry. This memorandum summarizes the major topics discussed during the meeting.

II.	Attendees and Affiliations
Paul Balserak, AISI
Rich Zavoda, Cleveland Cliffs
Rob Beranek, Cleveland Cliffs
Julianne Kurdila, Cleveland Cliffs
Michael Long, Cleveland Cliffs
Brett Tunno, U.S. Steel
Chris Hardin U.S. Steel
David Hacker, U.S. Steel
Alexander Epsy, U.S. Steel
Joseph Hanning, U.S. Steel
Coleen Davis, U.S. Steel
Krista Armentrout, U.S. Steel
Nicole Heinichen, U.S. Steel
Chuck Knauss, Hunton Andrews Kurth LLP
Shannon Broome, Hunton Andrews Kurth LLP
Erin Grisby, Hunton Andrews Kurth LLP
Mary Kaplan, AECOM
Phil Mulrine, EPA/OAQPS
Chuck French, EPA/OAQPS
Kevin McGinn, EPA/OAQPS
Katie Boaggio, EPA/OAQPS
Steve Fruh, EPA/OAQPS
Brian Dickens, EPA Region V
Haley Key, RTI International

III.	Discussion
Planned Bleeder Valve Openings
EPA indicated that a 5 or 10 percent opacity limit is being considered for planned bleeder valve openings, and that the limit is based on facility responses to the section 114 questionnaire as well as input from EPA staff. Hunton expressed concern that this opacity limit may not be achievable. Hunton suggested that a work practice standard would be better suited for this source than an opacity limit. An opacity limit could lead to safety concerns. If a work practice action plan would be required, flexibility would be needed to tailor the plan to each facility due to variation in technology and the size and type of blast furnace. Hunton recommended that EPA define the difference between planned and unplanned openings.

Unplanned Bleeder Valve Openings
EPA indicated that a limit of 1-2 unplanned openings and a requirements to install stockline monitors and conduct raw material screening are being considered for unplanned bleeder valve openings. Hunton suggested that EPA should set guidelines to reduce slips instead of limiting the number of unplanned openings. Hunton indicated that stockline monitors don't prevent slips or unplanned openings. EPA indicated that stockline monitors would inform operators of a hang, and the operator can then reduce wind and take measures to avoid large slips that would lead to unplanned openings. Hunton recommended that rule language clarify what EPA means by raw material screening, and that the rule language remain flexible since different facilities use different techniques to manage raw materials.

Slag Handling and Storage
EPA indicated that an opacity limit and a requirement to install fog systems are being considered for slag handling and storage sources. Hunton recommended that a work practice standard be required in place of an opacity limit. Hunton expressed safety concerns regarding the use of fog systems. EPA will conduct additional research on fog systems.