[Federal Register: December 30, 2009 (Volume 74, Number 249)]
[Notices]
[Page 69159-69161]
[DOCID:fr30de09-126]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61224; File No. SR-NASDAQ-2009-110]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Amend IM-2110-7 To Reflect Changes to Corresponding FINRA Rule

December 22, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 14, 2009, The NASDAQ Stock Market LLC (the ``Exchange'' or
``NASDAQ'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as constituting a non-
controversial rule change under

Rule 19b-4(f)(6) under the Act,\3\ which renders the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange is filing this proposed rule change to amend NASDAQ
IM-1002-1 [sic] to reflect recent changes to a corresponding rule of
the Financial Industry Regulatory Authority (``FINRA''). The Exchange
will implement the proposed rule change thirty days after the date of
the filing. The text of the proposed rule change is available at http:/
/nasdaqomx.cchwallstreet.com, on the Commission's Web site at http://
www.sec.gov, at the Exchange's principal office, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    Many of NASDAQ's rules are based on rules of FINRA (formerly the
National Association of Securities Dealers (``NASD'')). During 2008,
FINRA embarked on an extended process of moving rules formerly
designated as ``NASD Rules'' into a consolidated FINRA rulebook. In
most cases, FINRA has renumbered these rules, and in some cases has
substantively amended them. Accordingly, NASDAQ also has initiated a
process of modifying its rulebook to ensure that NASDAQ rules
corresponding to FINRA/NASD rules continue to mirror them as closely as
practicable. In some cases, it is not possible for the rule numbers of
NASDAQ rules to mirror corresponding FINRA rules, because existing or
planned NASDAQ rules make use of those numbers. However, wherever
possible, NASDAQ plans to update its rules to reflect changes to
corresponding FINRA rules.
    This filing addresses NASDAQ IM-2110-7 (Interfering With the
Transfer of Customer Accounts in the Context of Employment Disputes),
which provides that it shall be inconsistent with just and equitable
principles of trade for a member or person associated with a member to
interfere with a customer's request to transfer his or her account in
connection with the change in employment of the customer's registered
representative, provided that the account is not subject to any lien
for monies owed by the customer or other bona fide claim. NASDAQ IM
2110-7 formerly corresponded to NASD IM-2110-7.
    In SR-FINRA-2008-052,\4\ FINRA renumbered NASD IM-2110-7 as FINRA
Rule 2140 in the Consolidated FINRA Rulebook with only minor changes.
Specifically, IM-2110-7 was re-codified, with conforming revisions to
establish it as a stand-alone FINRA rule rather than as interpretive
material to NASD Rule 2110 (Standards of Commercial Honor and
Principles of Trade).
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    \4\ Securities Exchange Act Release No. 59495 (March 3, 2009),
74 FR 10632 (March 11, 2009) (approving SR-FINRA-2008-052);
Securities Exchange Act Release No. 59495A (March 18, 2009), 74 FR
12417 (March 24, 2009) (amended approval).
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    NASDAQ is proposing to re-number IM 2110-7 as NASDAQ Rule 2140 and
to make conforming changes to the text of IM 2110-7 that mirror the
changes made by FINRA. To accommodate new rule 2140, NASDAQ proposes to
re-number existing Rule 2140 (Restrictions on Affiliation) as NASDAQ
Rule 2160, without modifying the rule text itself. This will ensure
that the NASDAQ Rule 2140 remains consistent with FINRA Rule 2140 for
regulatory purposes and administrative ease. The proposal will have no
substantive impact on NASDAQ members.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and with
Sections 6(b)(5) of the Act,\6\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The proposed
changes will conform NASDAQ IM-2110-7 to recent changes made to a
corresponding FINRA rule, to promote application of consistent
regulatory standards.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

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

Number SR-NASDAQ-2009-110 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2009-110. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-NASDAQ-2009-110 and should
be submitted on or before January 20, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-30914 Filed 12-29-09; 8:45 am]

BILLING CODE 8011-01-P


MEMORANDUM

TO:		Public Record for the NPDES Electronic Reporting Rule  -  Phase 2 Extension
		EPA Docket Number EPA-HQ-OECA-2019-0408 (www.regulations.gov)

FROM:		Carey A. Johnston, P.E.
            USEPA/OECA/OC
            ph:<PHONE_NUMBER>
<EMAIL_ADDRESS>
DATE:		12 June 2020

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SUBJECT:	Notes from State Outreach Meeting with Iowa DNR (13 May 2020) [DCN 0027]
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EPA convened this meeting with the Iowa Department of Natural Resources (IA DNR) to discuss their comments on the NPDES Electronic Reporting Rule - Phase 2 Extension proposed rule. This proposed rule was published on February 28, 2020 and the comment period closed on April 28, 2020. The IA DNR comments are in the public docket for this rulemaking. The following people participated in this meeting:

 Carey Johnston, U.S. EPA
 Lori McDaniel, IA DNR
 Courtney Cswercko, IA DNR

Mr. Johnston focused the discussion on the following IA DNR comment.

   "EPA needs to clearly establish the intent of the proposed language at 127.24(f), and adjust the language accordingly. As written, the proposed language at (f) could allow EPA to delay electronic reporting and establish implementation details for states without the consent of those states."
Ms. Cswercko confirmed that EPA needs to edit the proposed regulatory language [40 CFR 127.24(f)] so that it is clear that EPA cannot dictate to states how electronic reporting would be implemented if the state is meeting the implementation schedule in the rule (see Table 1, 40 CFR 127.16, and 40 CFR 127.23). Mr. Johnston clarified that EPA sets performance requirements for states that wish to build their own electronic reporting tools. To make this clearer, Mr. Johnston and IA DNR worked together to develop edits to 127.24(f). In particular, Mr. Johnston added a cross-reference in 127.24(f) to the existing procedure in the NPDES Electronic Reporting rule (40 CFR 127.27) for identifying the initial recipient [as defined in 40 CFR 127.2(b)]. The following are the redline/strikeout edits suggested by IA DNR.

40 CFR 127.24(f) - EPA may, as it deems appropriate, establish an alternative compliance deadline for electronic reporting and data sharing for one or more facilities, general permit reports, program reports, and related data elements (see Table 2 to appendix A) in one or more states. EPA may establish an alternative compliance deadline up to three years beyond the currently applicable date, but in no event beyond December 21, 2028. Separately, EPA will provide notice to the each authorized NPDES program covered by each alternative compliance deadline. This notice will detail include a rationale for the delay and enough details (e.g., tasks, milestones, roles and responsibilities, necessary resources) how EPA will implement electronic reporting (when EPA is responsible for deploying one or more electronic reporting tools) or how it will receive data from authorized NPDES programs (when the state is responsible for deploying one or more electronic reporting tools). to clearly describe how it will successfully implement electronic reporting for general permit, program report, and related data elements covered by the extension. EPA will update its website to clearly identify the alternative compliance deadlines for each facility, general permit report, program report, and related data elements by authorized NPDES program. This paragraph does not change the process for designating the initial recipient of electronic NPDES information from NPDES-regulated facilities. See Section 127.27.