	 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

	WASHINGTON D.C., 20460

	OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION

									DP Barcode: 392449

									PC Code: 108800

										October 11, 2011

MEMORANDUM

SUBJECT: 	Drinking Water Assessment for S-Metolachlor and its Degradates
Ethanesulfonic Acid (ESA) and Oxanilic Acid (OA) for Cilantro and Beet
and Garden Leaves

TO:		Sidney Jackson, Risk Manager Reviewer

		Barbara Madden, Risk Manager

		Registration Division

FROM:	Christopher M. Koper, Chemist

		Environmental Risk Branch I

		Environmental Fate and Effects Division

THRU:	Nancy Andrews, Branch Chief

Sujatha Sankula, Lead Biologist

		Environmental Risk Branch I

Environmental Fate and Effects Division (7507P)

A drinking water assessment was requested after a petition was submitted
by the Interregional Research Project Number 4 (IR-4) to establish
s-metolachlor tolerances for cilantro and beet and garden leaves.  These
proposed uses are looking to be added to the Dual Magnum( (EPA Reg. No.
100-816) label.  After further review, the maximum proposed single use
rate of 1.27 lb a.i./acre for beet and garden leaves is the same rate as
turnip greens previously assessed for this chemical.  Therefore, please
refer to the 22 April 2010 drinking water assessment (D368735) for a
summary of recommended surface and groundwater EDWCs for the human
dietary risk assessment for the parent s-metolachlor and its degradates
ESA and OA.

If there are any questions concerning this matter, please contact Chris
Koper at<PHONE_NUMBER> or   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.


[Federal Register: August 12, 2010 (Volume 75, Number 155)]
[Proposed Rules]
[Page 48895]
[DOCID:fr12au10-18]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0035; FRL-9187-6]

Approval and Promulgation of Air Quality Implementation Plans; MN

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve Minnesota's request to amend its
State Implementation Plan (SIP) for sulfur dioxide (SO2).
The Minnesota Pollution Control Agency submitted the SIP revision
request to EPA on November 23, 2009, and supplemented it on March 3,
2010. The approval of this request would revise SIP requirements
applicable to Saint Mary's Hospital, located in Rochester, Minnesota by
adding a 2500 kilowatt (KW) reciprocating internal combustion engine
(RICE) electric generator and reducing the allowable diesel fuel sulfur
content for two existing RICE electric generators. The revision also
includes administrative changes in the identification of emissions
units. These revisions are included in a joint Title I/Title V document
for Saint Mary's Hospital, which would replace the document currently
approved into the SIP for the facility. These revisions will result in
reducing the SO2 impact in the Rochester area, and
strengthening the existing SO2 SIP.

DATES: Comments must be received on or before September 13, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0035, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Jay Bortzer, Chief, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
    5. Hand Delivery: Jay Bortzer, Chief, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Such deliveries are only accepted during the
Regional Office normal hours of operation, and special arrangements
should be made for deliveries of boxed information. The Regional Office
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m. excluding Federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because EPA views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
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, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. For
additional information, see the direct final rule which is located in
the Rules section of this Federal Register.

    Dated: August 2, 2010.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 2010-19825 Filed 8-11-10; 8:45 am]
BILLING CODE 6560-50-P


John Silvasi/ RTP/ USEPA/ US 08/ 29/ 2005 09: 33 PM T o Amy_ E._ Flynn@ omb. eop. go v, art_ fraas@ omb. eop. gov c c Allen Basala/ RTP/ USEPA/ US@ E PA, Jan Tierney/ DC/ USEPA/ US@ EP A, Jim Ketcham Colwill/ DC/ USEPA/ US@ EP A, John Silvasi/ RTP/ USEPA/ US@ EP A, Thomas Gillis/ DC/ USEPA/ US@ EPA, Peter Nagelhout/ DC/ USEPA/ US@ EPA, Ron Evans/ RTP/ USEPA/ US@ EP A, Pat Dolwick/ RTP/ USEPA/ US@ E PA, Larry Sorrels/ RTP/ USEPA/ US@ E PA, Lydia Wegman/ RTP/ USEPA/ US@ EPA, Robert Meyers/ DC/ USEPA/ US@ EP A, Tom Helms/ RTP/ USEPA/ US@ EP A, Denise Gerth/ RTP/ USEPA/ US@ EP A S u b j e c t Economic Assessment Package Amy and Art,

Attached are the following: Difference analysis including the qualitative assessment Appendix A. Technical Support Document for Cost, Emission Reduction, Energy, and Economic Impact Assessment of RACT and RFP Options Appendix B. Impact of Selected Federal and Local Measures on Predicted 8 hour Design Values in the Eastern US We will send a TSD for these reports shortly.

John J. Silvasi Environmental Engineer Ozone Policy and Strategies Group ( C539 02) Office of Air Quality Planning and Standards U. S. Environmental Protection Agency Research Triangle Park, NC 27711 919 541 5666 ( v); 919 541 0824 ( fax) silvasi. john@ epa. gov


[Federal Register: September 9, 2008 (Volume 73, Number 175)]
[Notices]
[Page 52406]
[DOCID:fr09se08-122]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1783-DR]

New Mexico; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New Mexico (FEMA-1783-DR), dated August 14, 2008, and
related determinations.

DATES: Effective Date: August 20, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective August 20, 2008.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-20833 Filed 9-8-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Notices]
[Pages 24720-24722]
[FR Doc No: 2017-11030]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-2731]

Pediatric Oncology Subcommittee of the Oncologic Drugs Advisory
Committee; Notice of Meeting; Establishment of a Public Docket; Request
for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) announces a
forthcoming public advisory committee meeting of the Pediatric Oncology
Subcommittee of the Oncologic Drugs Advisory Committee. The general
function of the committee is to provide advice and recommendations to
the Agency on FDA's regulatory issues. The meeting will be open to the
public. FDA is establishing a docket for public comment on this
document.

DATES: The public meeting will be held on June 21, 2017, from 8 a.m. to
3:15 p.m. and June 22, 2017, from 8 a.m. to 12 noon.

ADDRESSES: FDA White Oak Campus, 10903 New Hampshire Ave., Building 31
Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993-
0002. Answers to commonly asked questions including information
regarding special accommodations due to a disability, visitor parking,
and transportation may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2017-N-2731. The docket will close on June 20,
2017. Submit either electronic or written comments on this public
meeting by June 20, 2017. Late, untimely filed comments will not be
considered. Electronic comments must be submitted on or before June 20,
2017. The https://www.regulations.gov electronic filing system will
accept comments until midnight eastern time, June 20, 2017. Comments
received by mail/hand delivery/courier for written/paper submissions
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.
    Comments received on or before June 7, 2017, will be provided to
the committee. Comments received after that date will be taken into
consideration by the Agency.

    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-N-2731 for ``Pediatric Oncology Subcommittee of the Oncologic
Drugs Advisory Committee; Notice of Meeting; Establishment of a Public
Docket; Request for Comments.'' Received comments, those filed in a
timely manner (see ADDRESSES), will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Lauren D. Tesh, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
796-9001, Fax:<PHONE_NUMBER>, email<EMAIL_ADDRESS>or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area). A notice in the Federal Register about last
minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the Agency's Web site
at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down
to the appropriate advisory committee meeting link, or call the
advisory committee information line to learn about possible
modifications before coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: On June 21, 2017, information will be presented to gauge
investigator interest in exploring potential pediatric development
plans for three products in various stages of development for adult
cancer indications. The subcommittee will consider and discuss issues
concerning diseases to be studied, patient populations to be included,
and possible study designs in the development of these products for
pediatric use. The discussion will also provide information to the
Agency pertinent to the formulation of written requests for pediatric
studies, if appropriate. The products under consideration are: (1) APX-
005M, presentation by Apexigen, Inc.; (2) PMO1183 (lurbinectedin),
presentation by PharmaMar USA Inc.; and (3) ASP2215 (gilteritinib),
presentation by Astellas Pharma Global Development, Inc.
    On June 22, 2017, information will be presented to gauge
investigator interest in exploring potential pediatric development
plans for two products in various stages of development for adult
cancer indications. The subcommittee will consider and discuss issues
concerning diseases to be studied, patient populations to be included,
and possible study designs in the development of these products for
pediatric use. The discussion will also provide information to the
Agency pertinent to the formulation of written requests for pediatric
studies, if appropriate. The products under consideration are: (1)
Prexasertib, presentation by Dista Products/Eli Lilly and Company and
(2) olaratumab, presentation by Eli Lilly and Company.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the subcommittee.
All electronic

and written submissions submitted to the Docket (see the ADDRESSES
section) on or before June 7, 2017, will be provided to the committee.
Oral presentations from the public will be scheduled between
approximately 8:50 a.m. to 9:10 a.m., 11 a.m. to 11:20 a.m., and 1:55
p.m. to 2:15 p.m. on June 21, 2017. Oral presentations from the public
will also be scheduled between approximately 8:50 a.m. to 9:10 a.m. and
11 a.m. to 11:20 a.m. on June 22, 2017. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before May 30, 2017. Time allotted for
each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by May 31, 2017.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require special accommodations due to a
disability, please contact Lauren D. Tesh at least 7 days in advance of
the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: May 23, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-11030 Filed 5-26-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Page 21230]
[FR Doc No: 2015-08877]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-137-000]

Rockies Express Pipeline LLC; Notice of Application

    Take notice that on March 30, 2015, Rockies Express Pipeline LLC.
(REX), 370 Van Gordon Street, Lakewood, Colorado 80228-1519, filed with
the Federal Energy Regulatory Commission an application under section
7(c) of the Natural Gas Act (NGA) to construct, install, own, operate
and maintain certain additional mainline compression and ancillary
facilities that upon completion will comprise REX's proposed REX Zone 3
Capacity Enhancement Project. Specifically, the REX Zone 3 Capacity
Enhancement Project facilities, upon construction, will increase the
Zone 3 east-to-west capacity by 800,000 Dekatherms per day (Dth/d) from
receipts at Clarington, Ohio to corresponding deliveries of 520,000
Dth/d and 280,000 Dth/d to Lebanon, Ohio and Moultrie County, Illinois,
respectively.
    The complete application is on file with the Commission and open
for public inspection, and is accessible on-line at http://www.ferc.gov, using the ``eLibrary'' link. It is also available for
review in the Commission's Public Reference Room in Washington, DC.
There is an ``eSubscription'' link on the Web site that enables
subscribers to receive email notification when a document is added to a
subscribed docket(s). For assistance with any FERC Online service,
please email<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
David Haag, Vice President of Regulatory, Rockies Express Pipeline LLC,
370 Van Gordon Street, Lakewood, Colorado 80228-1519, phone (303) 763-
3258.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link. Persons unable to file
electronically should submit an original and 5 copies of the protest or
intervention to the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426.
    Comment Date: 5 p.m. Eastern Daylight Savings Time on May 4, 2015.

     Dated: April 13, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-08877 Filed 4-16-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Proposed Rules]
[Pages 23178-23181]
[FR Doc No: 2012-9339]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0169; FRL-9660-7]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Deferral for CO2 Emissions From Bioenergy and Other Biogenic
Sources Under the Prevention of Significant Deterioration Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Virginia Department of Environmental Quality
(VADEQ) on December 14, 2011. This revision proposes to defer until
July 21, 2014 the application of the Prevention of Significant
Deterioration (PSD) permitting requirements to biogenic carbon dioxide
(CO2) emissions from bioenergy and other biogenic stationary
sources in the Commonwealth of Virginia. This action is being taken
under the Clean Air Act (CAA).

DATES: Written comments must be received on or before May 18, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2012-0169 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2012-0169, Ms. Kathleen Cox, Associate
Director, Office of Permits and Air Toxics, Mailcode 3AP10, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2012-0169. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Mr. David Talley,<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. On December 14, 2011, VADEQ
submitted a revision to its State Implementation Plan (SIP) to maintain
consistency with Federal greenhouse gas (GHG) permitting requirements
under the PSD program.

I. Background

A. The Tailoring Rule

    On June 3, 2010 (effective August 2, 2010), EPA promulgated a final
rulemaking, the Tailoring Rule, for the purpose of relieving
overwhelming permitting burdens from the regulation of GHG's that
would, in the absence of the rule, fall on permitting authorities and
sources (75 FR 31514). EPA accomplished this by tailoring the
applicability criteria that determine which GHG emission sources become
subject to the PSD program of the CAA. In particular, EPA established
in the Tailoring Rule a phase-in approach for PSD applicability and
established the first two steps of the phase-in for the largest GHG-
emitters.
    For the first step of the Tailoring Rule, which began on January 2,
2011, PSD requirements apply to major stationary source GHG emissions
only if the sources are subject to PSD anyway due to their emissions of
non-GHG pollutants. Therefore, in the first step, EPA did not require
sources or modifications to evaluate whether they are subject to PSD
requirements solely on account of their GHG emissions. Specifically,
for PSD, Step 1 requires that as of January 2, 2011, the applicable
requirements of PSD, most noticeably the best available control
technology (BACT) requirement as defined in CAA section 169(3), apply
to projects that increase net GHG emissions by at least 75,000 tons per
year (tpy) of CO2 equivalent (CO2e), but only if
the project also significantly increases emissions of at least one non-
GHG pollutant. CO2e is a metric used to compare the
emissions from various greenhouse gases based

upon their global warming potential (GWP). The CO2e for a
gas is determined by multiplying the mass of the gas by the associated
GWP. The applicable GWP's and guidance on how to calculate a source's
GHG emissions in tpy CO2e can be found in EPA's ``Inventory
of U.S. Greenhouse Gas Emissions and Sinks,'' which is updated annually
under existing commitment under the United Nations Framework Convention
on Climate Change (UNFCCC).
    The second step of the Tailoring Rule, which began on July 1, 2011,
phased in additional large sources of GHG emissions. New sources that
emit, or have the potential to emit (PTE), at least 100,000 tpy
CO2e are subject to the PSD requirements. In addition,
sources that emit or have the PTE at least 100,000 tpy CO2e
and that undertake a modification that increases net GHG emissions by
at least 75,000 tpy CO2e are also be subject to PSD
requirements. For both steps, EPA noted that if sources or
modifications exceed these CO2e-adjusted GHG triggers, they
are not covered by permitting requirements unless their GHG emissions
also exceed the corresponding mass-based triggers in tpy.
    Virginia adopted the regulations at 9VAC5 chapter 85 (9VAC5-85) to
incorporate the Tailoring Rule thresholds and submitted them to EPA for
approval in to the SIP. The Tailoring Rule and the regulations at
9VAC5-85 address both PSD and Title V requirements. However, only the
PSD regulations were submitted to EPA for incorporation into the SIP.
On May 13, 2011, EPA took final action to approve that SIP revision (76
FR 27898).

B. EPA's Biomass Deferral Rule

    On July 20, 2011, EPA promulgated the final ``Deferral for
CO2 Emissions from Bioenergy and other Biogenic Sources
Under the Prevention of Significant Deterioration (PSD) and Title V
Programs'' (Biomass Deferral). Following is a brief discussion of the
deferral. For a full discussion of EPA's rationale for the rule, see
the notice of final rulemaking at 76 FR 43490.
    The biomass deferral delays until July 21, 2014 the consideration
of CO2 emissions from bioenergy and other biogenic sources
(hereinafter referred to as ``biogenic CO2 emissions'') when
determining whether a stationary source meets the PSD and Title V
applicability thresholds, including those for the application of
BACT.\1\ Stationary sources that combust biomass (or otherwise emit
biogenic CO2 emissions) and construct or modify during the
deferral period will avoid the application of PSD to the biogenic
CO2 emissions resulting from those actions. The deferral
applies only to biogenic CO2 emissions and does not affect
non-GHG pollutants or other GHG's (e.g., methane (CH4) and
nitrous oxide (N2O)) emitted from the combustion of biomass
fuel. Also, the deferral only pertains to biogenic CO2
emissions in the PSD and Title V programs and does not pertain to any
other EPA programs such as the GHG Reporting Program. Biogenic
CO2 emissions are defined as emissions of CO2
from a stationary source directly resulting from the combustion or
decomposition of biologically-based materials other than fossil fuels
and mineral sources of carbon. Examples of ``biogenic CO2
emissions'' include, but are not limited to:
---------------------------------------------------------------------------

    \1\ As with the Tailoring Rule, the Biomass Deferral addresses
both PSD and Title V requirements. However, EPA is only taking
action on Virginia's PSD program as part of this action.
---------------------------------------------------------------------------

     CO2 generated from the biological decomposition
of waste in landfills, wastewater treatment or manure management
processes;
     CO2 from the combustion of biogas collected
from biological decomposition of waste in landfills, wastewater
treatment or manure management processes;
     CO2 from fermentation during ethanol production
or other industrial fermentation processes;
     CO2 from combustion of the biological fraction
of municipal solid waste or biosolids;
     CO2 from combustion of the biological fraction
of tire-derived fuel; and
     CO2 derived from combustion of biological
material, including all types of wood and wood waste, forest residue,
and agricultural material.
    EPA recognizes that use of certain types of biomass can be part of
the national strategy to reduce dependence on fossil fuels. Efforts are
underway at the Federal, state and regional level to foster the
expansion of renewable resources and promote bioenergy projects when
they are a way to address climate change, increase domestic alternative
energy production, enhance forest management and create related
employment opportunities. We believe part of fostering this development
is to ensure that those feedstocks with negligible net atmospheric
impact not be subject to unnecessary regulation. At the same time, it
is important that EPA have time to conduct its detailed examination of
the science and technical issues related to accounting for biogenic
CO2 emissions and therefore have finalized this deferral.
The deferral is intended to be a temporary measure, in effect for no
more than three years, to allow the Agency time to complete its work
and determine what, if any, treatment of biogenic CO2
emissions should be in the PSD and Title V programs. The biomass
deferral rule is not EPA's final determination on the treatment of
biogenic CO2 emissions in those programs. The Agency plans
to complete its science and technical review and any follow-on
rulemakings within the three-year deferral period and further believes
that three years is ample time to complete these tasks. It is possible
that the subsequent rulemaking, depending on the nature of EPA's
determinations, would supersede the biomass deferral rulemaking and
become effective in fewer than three years. In that event, Virginia may
revise its SIP accordingly.
    For stationary sources co-firing fossil fuel and biologically-based
fuel, and/or combusting mixed fuels (e.g., tire derived fuels,
municipal solid waste (MSW)), the biogenic CO2 emissions
from that combustion are included in the biomass deferral. However, the
fossil CO2 emissions are not. Emissions of CO2
from processing of mineral feedstocks (e.g., calcium carbonate) are
also not included in the deferral. Various methods are available to
calculate both the biogenic and fossil portions of CO2
emissions, including those methods contained in the GHG Reporting
Program (40 CFR Part 98). Consistent with the other pollutants in PSD
and Title V, there are no requirements to use a particular method in
determining biogenic and fossil CO2 emissions.
    EPA's final biomass deferral rule is an interim deferral for
biogenic CO2 emissions only and does not relieve sources of
the obligation to meet the PSD and Title V permitting requirements for
other pollutant emissions that are otherwise applicable to the source
during the deferral period or that may be applicable to the source at a
future date pending the results of EPA's study and subsequent
rulemaking action. This means, for example, that if the deferral is
applicable to biogenic CO2 emissions from a particular
source during the three-year effective period and the study and future
rulemaking do not provide for a permanent exemption from PSD and Title
V permitting requirements for the biogenic CO2 emissions
from a source with particular characteristics, then the deferral would
end for that type of source and its biogenic CO2 emissions
would have to be appropriately considered in any applicability
determinations that the source may need to conduct for future
stationary source permitting purposes,

consistent with that subsequent rulemaking and the Final Tailoring Rule
(e.g., a major source determination for Title V purposes or a major
modification determination for PSD purposes). EPA also wishes to
clarify that we did not require that a PSD permit issued during the
deferral period be amended or that any PSD requirements in a PSD permit
existing at the time the deferral took effect, such as BACT
limitations, be revised or removed from an effective PSD permit for any
reason related to the deferral or when the deferral period expires.
    Section 52.21(w) of 40 CFR requires that any PSD permit shall
remain in effect, unless and until it expires or it is rescinded, under
the limited conditions specified in that provision. Thus, a PSD permit
that is issued to a source while the deferral was effective need not be
reopened or amended if the source is no longer eligible to exclude its
biogenic CO2 emissions from PSD applicability after the
deferral expires. However, if such a source undertakes a modification
that could potentially require a PSD permit and the source is not
eligible to continue excluding its biogenic CO2 emissions
after the deferral expires, the source will need to consider its
biogenic CO2 emissions in assessing whether it needs a PSD
permit to authorize the modification.
    Any future actions to modify, shorten, or make permanent the
deferral for biogenic sources are beyond the scope of the biomass
deferral action and this proposed approval of the deferral into the
Virginia SIP, and will be addressed through subsequent rulemaking. The
results of EPA's review of the science related to net atmospheric
impacts of biogenic CO2 and the framework to properly
account for such emissions in Title V and PSD permitting programs based
on the study are prospective and unknown. Thus, we are unable to
predict which biogenic CO2 sources, if any, currently
subject to the deferral as incorporated into the Virginia SIP would be
subject to any permanent exemptions or which currently deferred sources
would be potentially required to account for their emissions in the
future rulemaking EPA has committed to undertake for such purposes in
three or fewer years. Only in that rulemaking can EPA address the
question of extending the deferral or putting in place requirements
that would have the equivalent effect on sources covered by the biomass
deferral. Once that rulemaking has occurred, Virginia may address
related revisions to its SIP.

II. Summary of SIP Revision

    Similar to our approach with the Tailoring Rule, EPA incorporated
the biomass deferral into the regulations governing state programs and
into the Federal PSD program by amending the definition of ``subject to
regulation'' under 40 CFR 51.166 and 52.21 respectively. Virginia has
adopted this same approach. The proposed SIP revision incorporates the
Biomass Deferral into Virginia's PSD program by amending the definition
of ``subject to regulation'' under 9VAC5-85-50(C). The language adopted
by Virginia mirrors the language in the Federal regulations. EPA last
took action on these provisions on May 13, 2011 (76 FR 27898). In
addition to the incorporation of the Biomass Deferral, the proposed SIP
revision makes a minor, clarifying revision to 9VAC5-85-50(B).

III. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information (1) that are generated or developed
before the commencement of a voluntary environmental assessment; (2)
that are prepared independently of the assessment process; (3) that
demonstrate a clear, imminent and substantial danger to the public
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. * * *'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
PSD program consistent with the Federal requirements. In any event,
because EPA has also determined that a state audit privilege and
immunity law can affect only state enforcement and cannot have any
impact on Federal enforcement authorities, EPA may at any time invoke
its authority under the CAA, including, for example, sections 113, 167,
205, 211 or 213, to enforce the requirements or prohibitions of the
state plan, independently of any state enforcement effort. In addition,
citizen enforcement under section 304 of the CAA is likewise unaffected
by this, or any, state audit privilege or immunity law.

IV. Proposed Action

    EPA's review of this material indicates that it is consistent with
Federal regulations. EPA is proposing to approve the Virginia SIP
revision incorporating the Biomass Deferral,

which was submitted on December 14, 2011. EPA is soliciting public
comments on this proposed approval of Virginia's SIP revision request.
These comments will be considered before taking final action.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 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 proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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).

In addition, this proposed rule relating to GHG permitting under
Virginia's PSD program does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 5, 2012.
W.C. Early,
Action Regional Administrator, Region III.
[FR Doc. 2012-9339 Filed 4-17-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73489-73490]
[FR Doc No: 2012-29662]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4085-DR; Docket ID FEMA-2012-0002]

New York; Amendment No. 5 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New York (FEMA-4085-DR), dated October 30, 2012, and
related determinations.

DATES: Effective Date: November 10, 2012.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency

Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-
3886.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of New York is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of October 30, 2012.

    Orange, Putnam, Sullivan, and Ulster Counties for Individual
Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-29662 Filed 12-7-12; 8:45 am]
BILLING CODE 9111-23-P


From:
"David Ailor"<EMAIL_ADDRESS>Sent:
Mon, 08 May 2023 13:01:54
To:
"'Jones; DonnaLee'"<EMAIL_ADDRESS>"'McGinn; Kevin \(he/him/his\)'"<EMAIL_ADDRESS>"'GABRIELLE RAYMOND'"<EMAIL_ADDRESS>"'French; Chuck'"<EMAIL_ADDRESS>Subject:
RE: Method 303 tests bench/yard at Burns Harbor and Clairton

Greetings, Donna Lee.  Hope you're well.

Both Cleveland-Cliffs and USS are planning to conduct the requested Method 303 observations at their Burns Harbor and Clairton coke plants, respectively, in mid-June.  They understand that Keramida, which will be providing the Method 303 readers at both plants, will not be available before then, as it is re-certifying its readers during May.

We'll let you know closer to the date when EPA can expect final reports from the companies.  DCA

David C. Ailor, P.E.
President
American Coke and Coal Chemicals Institute
25 Massachusetts Avenue, N.W.
Suite 800
Washington, D.C. 20001
Phone (Cell):<PHONE_NUMBER>
eFax:<PHONE_NUMBER>
<EMAIL_ADDRESS>www.accci.org

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Thursday, May 4, 2023 4:08 PM
To<EMAIL_ADDRESS>McGinn, Kevin (he/him/his<EMAIL_ADDRESS>'GABRIELLE RAYMOND'<EMAIL_ADDRESS>French, Chuck<EMAIL_ADDRESS>Cc: 'Kurdila, Julianne'<EMAIL_ADDRESS>'Rich Zavoda'<EMAIL_ADDRESS>'Mike Dzurinko'<EMAIL_ADDRESS>'Dave Hacker'<EMAIL_ADDRESS>'Chris Hardin'<EMAIL_ADDRESS>'Jonelle Scheetz'<EMAIL_ADDRESS>'Brett J Tunno'<EMAIL_ADDRESS>'Knight, Jeffrey A.'<EMAIL_ADDRESS><EMAIL_ADDRESS>--------------------------------------------------------------------------------
Subject: Method 303 tests bench/yard at Burns Harbor and Clairton

Hi all  -  Can you tell me the status of the coke method 303 yard/bench testing at the two facilities, Burns Harbor and Clairton, we requested in the section 114?

Regards,
--------------------------------------------------------------------------------
Donna Lee Jones, Ph.D.
--------------------------------------------------------------------------------
Senior Technical Advisor, Metals Sector
--------------------------------------------------------------------------------
U. S. Environmental Protection Agency
--------------------------------------------------------------------------------
Office of Air Quality Planning and Standards
--------------------------------------------------------------------------------
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
--------------------------------------------------------------------------------
Research Triangle Park, NC  27711
--------------------------------------------------------------------------------
Tele:<PHONE_NUMBER>
--------------------------------------------------------------------------------
Fax:<PHONE_NUMBER>
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.


[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 84040-84045]
[FR Doc No: 2020-28308]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90703; File No. 4-697]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Notice of Filing and Order Approving and Declaring
Effective an Amended Plan for the Allocation of Regulatory
Responsibilities Between the Financial Industry Regulatory Authority,
Inc. and Nasdaq MRX, LLC

December 17, 2020.
    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 November 19, 2020, pursuant to Rule
17d-2 of the Act,\2\ by the Financial Industry Regulatory Authority,
Inc. (``FINRA'') and Nasdaq MRX, LLC (``MRX'') (collectively,
``Participating Organizations'' or ``parties''). This agreement amends
and restates the agreement entered into between FINRA and ISE Mercury,
LLC (n/k/a MRX) on February 8, 2016, entitled ``Agreement Between
Financial Industry Regulatory Authority, Inc. and ISE Mercury, LLC
Pursuant to Rule 17d-2 under the Securities Exchange Act of 1934,'' and
any subsequent amendments thereafter.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78q(d).
    \2\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(g)(1).
    \4\ 15 U.S.C. 78q(d).
    \5\ 15 U.S.C. 78s(g)(2).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 appropriate notice and opportunity for 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.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
---------------------------------------------------------------------------

II. The Plan

    On March 8, 2016, the Commission declared effective the Plan
entered into between FINRA and MRX for allocating regulatory
responsibility pursuant to Rule 17d-2.\11\ The Plan is intended to
reduce regulatory duplication for firms that are common members of
FINRA and MRX by allocating regulatory responsibility with respect to
certain applicable laws, rules, and regulations that are common among
them. Included in the Plan is an exhibit that lists every MRX rule for
which FINRA bears responsibility under the Plan for overseeing and
enforcing with respect to MRX members that are also members of FINRA
and the associated persons therewith (``Certification'').
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 77321 (March 8,
2016), 81 FR 13434 (March 14, 2016).
---------------------------------------------------------------------------

III. Proposed Amendment to the Plan

    On November 19, 2020, the parties submitted a proposed amendment to
the Plan (``Amended Plan''). The primary purpose of the Amended Plan is
to allocate surveillance, investigation, and enforcement
responsibilities for Rule 14e-4 under the Act and to reflect the name
change of ISE Mercury, LLC to Nasdaq MRX, LLC. The text of the proposed
Amended Plan is as follows (additions are italicized; deletions are
[bracketed]):
* * * * *

AGREEMENT BETWEEN

FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC. AND [ISE MERCURY]NASDAQ
MRX, LLC PURSUANT TO RULE 17d-2 UNDER THE SECURITIES EXCHANGE ACT OF
1934

    This Agreement, by and between Financial Industry Regulatory
Authority, Inc. (``FINRA'') and [ISE Mercury]Nasdaq MRX, LLC (``[ISE
Mercury]MRX''), is made this [8th]16th day of [February]November,
20[16]20 (the ``Agreement''), pursuant to Section 17(d) of the
Securities Exchange Act of 1934 (the ``Exchange Act'') and Rule 17d-2
thereunder which permits agreements between self-regulatory
organizations to allocate regulatory responsibility to eliminate
regulatory duplication. FINRA and [ISE Mercury]MRX may be referred to

individually as a ``party'' and together as the ``parties.''
    This Agreement amends and restates this agreement entered into
between FINRA and MRX on February 8, 2016, entitled ``Agreement between
Financial Industry Regulatory Authority, Inc. and ISE Mercury, LLC
Pursuant to Rule 17d-2 under the Securities Exchange Act of 1934,'' and
any subsequent amendments thereafter.
    Whereas, FINRA and [ISE Mercury]MRX desire to reduce duplication in
the examination of their Dual Members (as defined herein) and in the
filing and processing of certain registration and membership records;
and
    Whereas, FINRA and [ISE Mercury]MRX desire to execute an agreement
covering such subjects pursuant to the provisions of Rule 17d-2 under
the Exchange Act and to file such agreement with the Securities and
Exchange Commission (the ``SEC'' or ``Commission'') for its approval.
    Now, therefore, in consideration of the mutual covenants contained
hereinafter, FINRA and [ISE Mercury]MRX hereby agree as follows:
    1. Definitions. Unless otherwise defined in this Agreement or the
context otherwise requires, the terms used in this Agreement shall have
the same meaning as they have under the Exchange Act and the rules and
regulations thereunder. As used in this Agreement, the following terms
shall have the following meanings:
    (a) ``[ISE Mercury]MRX Rules'' or ``FINRA Rules'' shall mean the
rules of [ISE Mercury]MRX or FINRA, respectively, as the rules of an
exchange or association are defined in Exchange Act Section 3(a)(27).
    (b) ``Common Rules'' shall mean the [ISE Mercury]MRX Rules that are
substantially similar to the applicable FINRA Rules set forth in
Exhibit 1 in that examination for compliance with such rules would not
require FINRA to develop one or more new examination standards,
modules, procedures, or criteria in order to analyze the application of
the rule, or a Dual Member's activity, conduct, or output in relation
to such rule. Common Rules shall not include any provisions regarding
(i) notice, reporting or any other filings made directly to or from
MRX, (ii) incorporation by reference of MRX Rules that are not Common
Rules, (iii) exercise of discretion in a manner that differs from
FINRA's exercise of discretion including, but not limited to exercise
of exemptive authority by MRX, (iv) prior written approval of MRX and
(v) payment of fees or fines to MRX.
    (c) ``Dual Members'' shall mean those [ISE Mercury]MRX members that
are also members of FINRA and the associated persons therewith.
    (d) ``Effective Date'' shall have the meaning set forth in
paragraph 13.
    (e) ``Enforcement Responsibilities'' shall mean the conduct of
appropriate proceedings, in accordance with the FINRA Code of Procedure
(the Rule 9000 Series) and other applicable FINRA procedural rules, to
determine whether violations of Common Rules have occurred, and if such
violations are deemed to have occurred, the imposition of appropriate
sanctions as specified under the FINRA's Code of Procedure and
sanctions guidelines.
    (f) ``Regulatory Responsibilities'' shall mean the examination
responsibilities and Enforcement Responsibilities relating to
compliance by the Dual Members with the Common Rules and the provisions
of the Exchange Act and the rules and regulations thereunder, and other
applicable laws, rules and regulations, each as set forth on Exhibit 1
attached hereto. The term ``Regulatory Responsibilities'' shall also
include the surveillance, investigation and Enforcement
Responsibilities relating to compliance by Common Members with Rule
14e-4 of the Securities Exchange Act (``Rule 14e-4''), with a focus on
the standardized call option provision of Rule 14e-4(a)(1)(ii)(D).
    2. Regulatory and Enforcement Responsibilities. FINRA shall assume
Regulatory Responsibilities and Enforcement Responsibilities for Dual
Members. Attached as Exhibit 1 to this Agreement and made part hereof,
[ISE Mercury]MRX furnished FINRA with a current list of Common Rules
and certified to FINRA that such rules are substantially similar to the
corresponding FINRA Rule (the ``Certification''). FINRA hereby agrees
that the rules listed in the Certification are Common Rules as defined
in this Agreement. Each year following the Effective Date of this
Agreement, or more frequently if required by changes in either the [ISE
Mercury]MRX Rules or FINRA Rules, [ISE Mercury]MRX shall submit an
updated list of Common Rules to FINRA for review which shall add [ISE
Mercury]MRX Rules not included in the current list of Common Rules that
qualify as Common Rules as defined in this Agreement; delete [ISE
Mercury]MRX Rules included in the current list of Common Rules that no
longer qualify as Common Rules as defined in this Agreement; and
confirm that the remaining rules on the current list of Common Rules
continue to be [ISE Mercury]MRX Rules that qualify as Common Rules as
defined in this Agreement. Within 30 days of receipt of such updated
list, FINRA shall confirm in writing whether the rules listed in any
updated list are Common Rules as defined in this Agreement.
Notwithstanding anything herein to the contrary, it is explicitly
understood that the term ``Regulatory Responsibilities'' does not
include, and [ISE Mercury]MRX shall retain full responsibility for
(unless otherwise addressed by separate agreement or rule) the
following (collectively, the ``Retained Responsibilities''):
    (a) surveillance and enforcement with respect to trading activities
or practices involving [ISE Mercury's]MRX's own marketplaces, including
without limitation [ISE Mercury's]MRX's Rules relating to the rights
and obligations of market makers;
    (b) registration pursuant to its applicable rules of associated
persons (i.e., registration rules that are not Common Rules);
    (c) discharge of its duties and obligations as a Designated
Examining Authority pursuant to Rule 17d-1 under the Exchange Act; and
    (d) any [ISE Mercury]MRX Rules that are not Common Rules.
    3. Dual Members. Prior to the Effective Date, [ISE Mercury]MRX
shall furnish FINRA with a current list of Dual Members, which shall be
updated no less frequently than once each quarter.
    4. No Charge. There shall be no charge to [ISE Mercury]MRX by FINRA
for performing the Regulatory Responsibilities and Enforcement
Responsibilities under this Agreement except as hereinafter provided.
FINRA shall provide [ISE Mercury]MRX with ninety (90) days advance
written notice in the event FINRA decides to impose any charges to [ISE
Mercury]MRX for performing the Regulatory Responsibilities under this
Agreement. If FINRA determines to impose a charge, [ISE Mercury]MRX
shall have the right at the time of the imposition of such charge to
terminate this Agreement; provided, however, that FINRA's Regulatory
Responsibilities under this Agreement shall continue until the
Commission approves the termination of this Agreement.
    5. Reassignment of Regulatory Responsibilities. Notwithstanding any
provision hereof, this Agreement shall be subject to any statute, or
any rule or order of the Commission. To the extent such action is
inconsistent with this Agreement, such action shall supersede the
provisions hereof to the extent necessary for them to be properly
effectuated and the provisions hereof in that respect shall be null and
void.

    6. Notification of Violations. In the event that FINRA becomes
aware of apparent violations of any [ISE Mercury]MRX Rules, which are
not listed as Common Rules, discovered pursuant to the performance of
the Regulatory Responsibilities assumed hereunder, FINRA shall notify
[ISE Mercury]MRX of those apparent violations for such response as [ISE
Mercury]MRX deems appropriate. In the event [ISE Mercury]MRX becomes
aware of apparent violations of the Common Rules, discovered pursuant
to the performance of the Retained Responsibilities, [ISE Mercury]MRX
shall notify FINRA of those apparent violations and such matters shall
be handled by FINRA as provided in this Agreement. Apparent violations
of all the Common Rules shall be processed by, and enforcement
proceedings in respect thereto shall be conducted by FINRA as provided
hereinbefore; provided, however, that in the event a Dual Member is the
subject of an investigation relating to a transaction on [ISE
Mercury]MRX, [ISE Mercury]MRX may in its discretion assume concurrent
jurisdiction and responsibility. Each party agrees to make available
promptly all files, records and witnesses necessary to assist the other
in its investigation or proceedings.
    7. Continued Assistance. FINRA shall make available to [ISE
Mercury]MRX all information obtained by FINRA in the performance by it
of the Regulatory Responsibilities hereunder in respect to the Dual
Members subject to this Agreement. In particular, and not in limitation
of the foregoing, FINRA shall furnish [ISE Mercury]MRX any information
it obtains about Dual Members which reflects adversely on their
financial condition. It is understood that such information is of an
extremely sensitive nature and, accordingly, [ISE Mercury]MRX
acknowledges and agrees to take all reasonable steps to maintain its
confidentiality. [ISE Mercury]MRX shall make available to FINRA any
information coming to its attention that reflects adversely on the
financial condition of Dual Members or indicates possible violations of
applicable laws, rules or regulations by such firms.
    8. Dual Member Applications.
    (a) Dual Members subject to this Agreement shall be required to
submit, and FINRA shall be responsible for processing and acting upon
all applications submitted on behalf of allied persons, partners,
officers, registered personnel and any other person required to be
approved by the [ISE Mercury]MRX Rules and FINRA Rules or associated
with Dual Members thereof. Upon request, FINRA shall advise [ISE
Mercury]MRX of any changes of allied members, partners, officers,
registered personnel and other persons required to be approved by the
[ISE Mercury]MRX Rules and FINRA Rules.
    (b) Dual Members shall be required to send to FINRA all letters,
termination notices or other material respecting the individuals listed
in paragraph 8(a).
    (c) When as a result of processing such submissions FINRA becomes
aware of a statutory disqualification as defined in the Exchange Act
with respect to a Dual Member, FINRA shall determine pursuant to
Sections 15A(g) and/or Section 6(c) of the Exchange Act the
acceptability or continued applicability of the person to whom such
disqualification applies and keep [ISE Mercury]MRX advised of its
actions in this regard for such subsequent proceedings as [ISE
Mercury]MRX may initiate.
    (d) Notwithstanding the foregoing, FINRA shall not review the
membership application, reports, filings, fingerprint cards, notices,
or other writings filed to determine if such documentation submitted by
a broker or dealer, or a person associated therewith or other persons
required to register or qualify by examination: (i) meets the [ISE
Mercury]MRX requirements for general membership or for specified
categories of membership or participation in [ISE Mercury]MRX, such as
(A) Primary Market Maker Membership (``PMM''); (B) Competitive Market
Maker Membership (``CMM''); (C) Electronic Access Membership (``EAM'')
(or any similar type of [ISE Mercury]MRX membership or participation
that is created after this Agreement is executed); or (ii) meets the
[ISE Mercury]MRX requirements to be associated with, or employed by, a
[ISE Mercury]MRX member or participant in any capacity, such a
Designated Trading Representative (``DTR'') (or any similar type of
participation, employment category or title, or associate-person
category or class that is created after this Agreement is executed).
FINRA shall not review applications or other documentation filed to
request a change in the rights or status described in this paragraph
8(d), including termination or limitation on activities, of a member or
a participant of [ISE Mercury]MRX, or a person associated with, or
requesting association with, a member or participant of [ISE
Mercury]MRX.
    9. Branch Office Information. FINRA shall also be responsible for
processing and, if required, acting upon all requests for the opening,
address changes, and terminations of branch offices by Dual Members and
any other applications required of Dual Members with respect to the
Common Rules as they may be amended from time to time. Upon request,
FINRA shall advise [ISE Mercury]MRX of the opening, address change and
termination of branch and main offices of Dual Members and the names of
such branch office managers.
    10. Customer Complaints. [ISE Mercury]MRX shall forward to FINRA
copies of all customer complaints involving Dual Members received by
[ISE Mercury]MRX relating to FINRA's Regulatory Responsibilities under
this Agreement. It shall be FINRA's responsibility to review and take
appropriate action in respect to such complaints.
    11. No Restrictions on Regulatory Action. Nothing contained in this
Agreement shall restrict or in any way encumber the right of either
party to conduct its own independent or concurrent investigation,
examination or enforcement proceeding of or against Dual Members, as
either party, in its sole discretion, shall deem appropriate or
necessary.
    12. Termination. This Agreement may be terminated by [ISE
Mercury]MRX or FINRA at any time upon the approval of the Commission
after one (1) year's written notice to the other party (or such shorter
time as may be agreed by the parties), except as provided in paragraph
4.
    13. Effective Date. This Agreement shall be effective upon approval
of the Commission.
    14. Arbitration. In the event of a dispute between the parties as
to the operation of this Agreement, [ISE Mercury]MRX and FINRA hereby
agree that any such dispute shall be settled by arbitration in
Washington, DC in accordance with the rules of the American Arbitration
Association then in effect, or such other procedures as the parties may
mutually agree upon. Judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction.
    15. Separate Agreement. This Agreement is wholly separate from (1)
the multiparty Agreement made pursuant to Rule 17d-2 of the Exchange
Act 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., and
the NASDAQ OMX PHLX,

LLC] NYSE American LLC, Cboe BZX Exchange, Inc., the Cboe EDGX
Exchange, Inc., Cboe C2 Exchange, Inc., Cboe Exchange, Inc., Nasdaq
ISE, LLC, Financial Industry Regulatory Authority, Inc., NYSE Arca,
Inc., The NASDAQ Stock Market LLC, BOX Exchange LLC, NASDAQ BX, Inc.,
NASDAQ PHLX LLC, Miami International Securities Exchange, LLC, Nasdaq
GEMX, LLC, Nasdaq MRX, LLC, MIAX PEARL, LLC, and MIAX Emerald, LLC
approved by the Commission on [December 5, 2012]February 12, 2019
involving the allocation of regulatory responsibilities with respect to
common members for compliance with common rules relating to the conduct
by broker-dealers of accounts for listed options or index warrants or
(2) the multiparty Agreement made pursuant to Rule 17d-2 of the
Exchange Act among [NYSE MKT LLC, BATS Exchange, Inc., BOX Options
Exchange, LLC, C2 Options Exchange, Incorporated, Chicago Board Options
Exchange, Incorporated, International Securities Exchange LLC,
Financial Industry Regulatory Authority, Inc., NYSE Arca, Inc., The
NASDAQ Stock Market LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX, Inc. and
Miami International Securities Exchange, LLC,] NYSE American LLC, Cboe
BZX Exchange, Inc., the Cboe EDGX Exchange, Inc., Cboe C2 Exchange,
Inc., Cboe Exchange, Inc., Nasdaq ISE, LLC, Financial Industry
Regulatory Authority, Inc., NYSE Arca, Inc., The NASDAQ Stock Market
LLC, BOX Exchange LLC, NASDAQ BX, Inc., NASDAQ PHLX LLC, Miami
International Securities Exchange, LLC, Nasdaq GEMX, LLC, Nasdaq MRX,
LLC, MIAX PEARL, LLC, and MIAX Emerald, LLC approved by the Commission
on [December 5, 2012]February 11, 2019 involving options-related market
surveillance matters and such agreements as may be amended from time to
time.
    16. Notification of Members. [ISE Mercury]MRX and FINRA shall
notify Dual Members of this Agreement after the Effective Date by means
of a uniform joint notice.
    17. Amendment. This Agreement may be amended in writing duly
approved by each party. All such amendments must be filed with and
approved by the Commission before they become effective.
    18. Limitation of Liability. Neither FINRA nor [ISE Mercury]MRX nor
any of their respective directors, governors, officers or employees
shall be liable to the other party to 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 Responsibilities 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 the other of
FINRA or [ISE Mercury]MRX and caused by the willful misconduct of the
other party or their respective directors, governors, officers or
employees. No warranties, express or implied, are made by FINRA or [ISE
Mercury]MRX with respect to any of the responsibilities to be performed
by each of them hereunder.
    19. Severability. Any term or provision of this Agreement that is
invalid or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without rendering invalid or unenforceable the
remaining terms and provisions of this Agreement or affecting the
validity or enforceability of any of the terms or provisions of this
Agreement in any other jurisdiction.
    20. Relief From Responsibility. Pursuant to Sections 17(d)(1)(A)
and 19(g) of the Exchange Act and Rule 17d-2 thereunder, FINRA and [ISE
Mercury]MRX join in requesting the Commission, upon its approval of
this Agreement or any part thereof, to relieve [ISE Mercury]MRX of any
and all responsibilities with respect to matters allocated to FINRA
pursuant to this Agreement; provided, however, that this Agreement
shall not be effective until the Effective Date.
    21. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, and such
counterparts together shall constitute one and the same instrument.
    In witness whereof, each party has executed or caused this
Agreement to be executed on its behalf by a duly authorized officer as
of the date first written above.

FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.

By---------------------------------------------------------------------
Name:
Title:

[ISE MERCURY]NASDAQ MRX, LLC

By---------------------------------------------------------------------
Name:
Title:

    Note: The entire existing table of rules should be deleted and
replaced with the table below.

EXHIBIT 1

[ISE MERCURY]MRX CERTIFICATION OF COMMON RULES
    [ISE Mercury]MRX hereby certifies that the requirements contained
in the rules listed below for [ISE Mercury]MRX are identical to, or
substantially similar to, the comparable FINRA Rules or SEC Rules
identified.
    # Common Rules shall not include provisions regarding (i) notice,
reporting or any other filings made directly to or from MRX, (ii)
incorporations by reference to other MRX Rules that are not Common
Rules, (iii) exercise of discretion in a manner that differs from
FINRA's exercise of discretion including, but not limited to exercise
of exemptive authority, by MRX, (iv) prior written approval of MRX, and
(v) payment of fees or fines to MRX.

------------------------------------------------------------------------
              MRX Rule                        FINRA or SEC Rule
------------------------------------------------------------------------
General 3, Section 3(b)--Persons     FINRA Rule 1010 Electronic Filing
 Associated with Members; General     Requirements for Uniform Forms;
 4--Nasdaq Stock Market General 4,    FINRA By-Laws Article IV, Sec.
 Rule 1.1250 Electronic Filing        1(c) Application for Membership;
 Requirements for Uniform Forms       FINRA By-Laws, Article V, Section
 incorporated by reference .         1 Qualification Requirements;
                                      FINRA By-Laws, Article V, Sec. 2
                                      Application for Registration; and
                                      FINRA By-Laws Article V, Section 3
                                      Notification by Member to the
                                      Corporation and Associated Person
                                      of Termination; Amendments to
                                      Notification.
General 4--Nasdaq Stock Market       FINRA Rule 1240 Continuing
 General 4, Section 1.1240            Education Requirements.
 Continuing Education Requirements
 incorporated by reference .
Options 9--Nasdaq ISE Options 9,     FINRA Rule 2010 Standards of
 Section 1 Just and Equitable         Commercial Honor and Principles of
 Principles of Trade incorporated     Trade; FINRA Rule 0140(a)
 by reference \1\.                    Applicability.
Options 9--Nasdaq ISE Options 9,     Section 15(g) of the Securities
 Section 9(a)(1)Prevention of the     Exchange Act of 1934, and FINRA
 Misuse of Material, Nonpublic        Rule 3110(b)(1), (d) Supervision.
 Information incorporated by
 reference .

Options 9--Nasdaq ISE Options 9,     FINRA Rule 4530(a)(1)(A) and (2)
 Section 10 Disciplinary Action by    Reporting Requirements; FINRA By-
 Other Organizations incorporated     Laws, Article V, Section 2(c); and
 by reference .                      FINRA By-Laws, Article V, Section
                                      3.
Options 9--Nasdaq ISE Options 9,     FINRA Rule 3310 Anti-Money
 Section 21 Anti-Money Laundering     Laundering Compliance Program.
 Compliance Program incorporated by
 reference .
Options 10--Nasdaq ISE Options 10,   Rule 17a-5 of the Securities
 Section 12 Statements of Financial   Exchange Act of 1934.
 Condition to Customers
 incorporated by reference.
Options 10--Nasdaq ISE Options 10,   FINRA Rule 11870 Customer Account
 Section 19 Transfer of Accounts      Transfer Contracts.
 incorporated by reference .
Options 10--Nasdaq ISE Options 10,   FINRA Rule 3230 Telemarketing.
 Section 23. Telemarketing
 incorporated by reference.
Options 6E--Nasdaq ISE Options 6E,   FINRA Rule 4511(a) Books and
 Section 1 Maintenance, Retention,    Records--Requirements.
 and Furnishing of Books, Records
 and Other Information incorporated
 by reference .
------------------------------------------------------------------------
\1\ FINRA shall not have Regulatory Responsibilities with respect to the
  Supplementary Material to Nasdaq ISE Options 9, Section 1.
  Responsibility for such shall remain with MRX.

    In addition, the following provisions shall be part of this 17d-2
Agreement:
    SEA Rule 14e-4--Prohibited Transactions in Connection with Partial
Tender Offers [supcaret]
    [supcaret] FINRA shall perform surveillance, investigation, and
Enforcement Responsibilities for SEA Rule 14e-4(a)1)(ii)(D).
    [# FINRA shall not have Regulatory Responsibilities
regarding notification or reporting to ISE Mercury. In addition, FINRA
shall only have Regulatory Responsibilities to the extent the exercise
of discretion by ISE Mercury is the same as 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 4-697 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 4-697. This file number
should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed 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 website viewing and printing in the
Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the plan also will be available for inspection and
copying at the principal offices of FINRA and MRX. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number 4-697 and should be submitted on or before
January 13, 2021.

V. Discussion

    The Commission finds that the proposed Amended Plan is consistent
with the factors set forth in Section 17(d) of the Act \12\ and Rule
17d-2(c) thereunder \13\ in that the proposed Amended Plan is necessary
or appropriate in the public interest and for the protection of
investors, fosters cooperation and coordination among SROs, and removes
impediments to and fosters the development of the national market
system. In particular, the Commission believes that the proposed
Amended Plan should reduce unnecessary regulatory duplication by
allocating to FINRA certain examination and enforcement
responsibilities for Common Members that would otherwise be performed
by both FINRA and MRX. Accordingly, the proposed Amended Plan promotes
efficiency by reducing costs to Common Members. Furthermore, because
MRX and FINRA will coordinate their regulatory functions in accordance
with the Amended Plan, the Amended Plan should promote investor
protection.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78q(d).
    \13\ 17 CFR 240.17d-2(c).
---------------------------------------------------------------------------

    The Commission notes that, under the Amended Plan, MRX and FINRA
have allocated regulatory responsibility for those MRX rules, set forth
in the Certification, that are substantially similar to the applicable
FINRA rules in that examination for compliance with such provisions and
rules would not require FINRA to develop one or more new examination
standards, modules, procedures, or criteria in order to analyze the
application of the rule, or a Common Member's activity, conduct, or
output in relation to such rule. In addition, under the Amended Plan,
FINRA would assume regulatory responsibility for certain provisions of
the federal securities laws and the rules and regulations thereunder
that are set forth in the Certification. The Common Rules covered by
the Amended Plan are specifically listed in the Certification, as may
be amended by the Parties from time to time.
    According to the Amended Plan, MRX will review the Certification at
least annually, or more frequently if required by changes in either the
rules of MRX or FINRA, and, if necessary, submit to FINRA an updated
list of Common Rules to add MRX rules not included on the then-current
list of Common Rules that are substantially similar to FINRA rules;
delete MRX rules included in the then-current list of Common Rules that
no longer qualify as common rules; and confirm that the remaining rules
on the list of Common Rules continue to be MRX rules that qualify as
common rules.\14\ FINRA will then confirm in writing whether the rules
listed in any

updated list are Common Rules as defined in the Amended Plan. Under the
Amended Plan, MRX also will provide FINRA with a current list of Common
Members and will update the list no less frequently than once each
quarter.\15\ The Commission believes that these provisions are designed
to provide for continuing communication between the Parties to ensure
the continued accuracy of the scope of the proposed allocation of
regulatory responsibility.
---------------------------------------------------------------------------

    \14\ See paragraph 2 of the Amended Plan.
    \15\ See paragraph 3 of the Amended Plan.
---------------------------------------------------------------------------

    The Commission is hereby declaring effective an Amended Plan that,
among other things, allocates regulatory responsibility to FINRA for
the oversight and enforcement of all MRX rules that are substantially
similar to the rules of FINRA for Common Members of MRX and FINRA.
Therefore, modifications to the Certification need not be filed with
the Commission as an amendment to the Amended Plan, provided that the
Parties are only adding to, deleting from, or confirming changes to MRX
rules in the Certification in conformance with the definition of Common
Rules provided in the Amended Plan. However, should the Parties decide
to add a MRX rule to the Certification that is not substantially
similar to a FINRA rule; delete a MRX rule from the Certification that
is substantially similar to a FINRA rule; or leave on the Certification
a MRX rule that is no longer substantially similar to a FINRA rule,
then such a change would constitute an amendment to the Amended Plan,
which must be filed with the Commission pursuant to Rule 17d-2 under
the Act.\16\
---------------------------------------------------------------------------

    \16\ The addition to or deletion from the Certification of any
federal securities laws, rules, and regulations for which FINRA
would bear responsibility under the Amended Plan for examining, and
enforcing compliance by, Common Members, also would constitute an
amendment to the Amended Plan.
---------------------------------------------------------------------------

    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 allocate
surveillance, investigation, and enforcement responsibilities for Rule
14e-4 under the Act, to reflect the name change of ISE Mercury, LLC to
Nasdaq MRX, LLC. By declaring it effective today, the Amended Plan can
become effective and be implemented without undue delay. 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.\17\ Furthermore, the Commission does not
believe that the amendment to the plan raises any new regulatory issues
that the Commission has not previously considered.
---------------------------------------------------------------------------

    \17\ See supra note 11 (citing to Securities Exchange Act
Release No. 77321).
---------------------------------------------------------------------------

VI. Conclusion

    This order gives effect to the Amended Plan filed with the
Commission in File No. 4-697. The Parties shall notify all members
affected by the Amended Plan of their rights and obligations under the
Amended Plan.
    It is therefore ordered, pursuant to Section 17(d) of the Act, that
the Amended Plan in File No. 4-697, between the FINRA and MRX, filed
pursuant to Rule 17d-2 under the Act, hereby is approved and declared
effective.
    It is further ordered that MRX is relieved of those
responsibilities allocated to FINRA under the Amended Plan in File No.
4-697.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(34).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-28308 Filed 12-22-20; 8:45 am]
BILLING CODE 8011-01-P