[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Notices]
[Pages 40577-40578]
[FR Doc No: 2017-17986]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2016-0264; FRL-9966-65-OEI]

Agency Information Collection Activities; Reporting and
Recordkeeping for Asbestos Abatement Worker Protection; Submitted to
OMB for Review and Approval; Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has submitted the following information collection request
(ICR) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (PRA):
``Reporting and Recordkeeping for Asbestos Abatement Worker
Protection'' and identified by EPA ICR No. 1246.13 and OMB Control No.
2070-0072. The ICR, which is available in the docket along with other
related materials, provides a detailed explanation of the collection
activities and the burden estimate that is only briefly summarized in
this document. EPA did not receive any comments in response to the
previously provided public review opportunity issued in the Federal
Register on January 3, 2017 (82 FR 115). With this submission, EPA is
providing an additional 30 days for public review.

DATES: Comments must be received on or before September 25, 2017.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2016-0264, to both EPA and OMB as follows:
     To EPA online using http://www.regulations.gov (our
preferred method) or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
     To OMB via email to<EMAIL_ADDRESS>Address
comments to OMB Desk Officer for EPA.
    EPA's policy is that all comments received will be included in the
docket without change, including any personal information provided,
unless the comment includes profanity, threats, information claimed to
be Confidential Business Information (CBI), or other information whose
disclosure is restricted by statute. Do not submit electronically any
information you consider to be CBI or other information whose
disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Colby Lintner, Environmental
Assistance Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Docket: Supporting documents, including the ICR that explains in
detail the information collection activities and the related burden and
cost estimates that are summarized in this document, are available in
the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William
Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW.,
Washington, DC. The telephone number for the Docket Center is (202)
566-1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    ICR status: This ICR is currently scheduled to expire on August 31,
2017. Under OMB regulations, the Agency may continue to conduct or
sponsor the collection of information while this submission is pending
at OMB.
    Under PRA, 44 U.S.C. 3501 et seq., an agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information, unless it displays a currently valid OMB control number.
The OMB control numbers are displayed either by publication in the
Federal Register or by other appropriate means, such as on the related
collection instrument or form, if applicable. The display of OMB
control numbers for certain EPA regulations is consolidated in 40 CFR
part 9.
    Abstract: EPA's asbestos worker protection rule is designed to
provide occupational exposure protection to state and local government
employees who are engaged in asbestos abatement activities in states
that do not have state plans approved by the Occupational Safety and
Health Administration (OSHA). The rule provides protection for public
employees not covered by the OSHA standard from the adverse health
effects associated with occupational exposure to asbestos.
Specifically, the rule requires state and local governments to monitor
employee exposure to asbestos, take action to reduce exposure to
asbestos, monitor employee health and train employees about asbestos
hazards.
    The rule includes a number of information reporting and
recordkeeping requirements. State and local government agencies are
required to provide employees with information about exposures to
asbestos and the

associated health effects. The rule also requires state and local
governments to notify EPA before commencing any asbestos abatement
project. State and local governments must maintain medical surveillance
and monitoring records and training records on their employees, must
establish a set of written procedures for respirator programs and must
maintain procedures and records of respirator fit tests. EPA will use
the information to monitor compliance with the asbestos worker
protection rule. This request addresses these reporting and
recordkeeping requirements.
    Respondents/Affected Entities: State and local government employers
in 24 states, DC, and certain U.S. Territories that have employees
engaged in asbestos-related construction, custodial and brake and
clutch repair activities without OSHA-approved state plans.
    Respondent's obligation to respond: Mandatory (see 40 CFR 763
Subpart G). Respondents may claim all or part of a notice confidential.
EPA will disclose information that is covered by a claim of
confidentiality only to the extent permitted by, and in accordance
with, the procedures in TSCA section 14 and 40 CFR part 2.
    Estimated total number of potential respondents: 23,437.
    Frequency of response: On occasion.
    Estimated total burden: 372,969 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Estimated total costs: $ 15,763,007 (per year), includes no
annualized capital investment or maintenance and operational costs.
    Changes in the estimates: There is a net increase of 9,452 hours in
the total estimated respondent burden compared with that identified in
the ICR currently approved by OMB. This increase reflects an increase
of 24,371 hours to account for updates made from previous ICRs to
standardize methodology, and a decrease of 14,919 hours due to Maine's
new status of having an OSHA-approved state plan whereby its entities
are no longer covered under this ICR. This change is an adjustment.

    Authority: 44 U.S.C. 3501 et seq.

Courtney Kerwin,
Director, Collection Strategies Division.
[FR Doc. 2017-17986 Filed 8-24-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Rules and Regulations]
[Pages 28489-28491]
[FR Doc No: 2021-11242]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0260]
RIN 1625-AA00

Safety Zone; Lake of the Ozarks, Mile Marker 1 Approximately 500
Feet of the Bagnell Dam, Lake of the Ozarks, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Lake of the Ozarks at mile marker 1
approximately 500 feet southwest of the Bagnell Dam. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by a fireworks display. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Sector Upper Mississippi River or a designated
representative.

DATES: This rule is effective from May 29, 2021 at 8:45 p.m. through
8:30 p.m. on September 4, 2021. This rule will be enforced on May 29,
2021 at 8:45 p.m. through 9:15 p.m., June 4. 2021 at 8:45 p.m. through
9:15 p.m., June 19, 2021 at 8:45 p.m. through 9:15 p.m., July 4, 2021
at 9:15 p.m. through 9:45 p.m., July 17, 2021 at 9 p.m. through 9:30
p.m., July 24, 2021 at 9:15 p.m. through 9:45 p.m., July 31, 2021 at
9:15 p.m. to 9:45 p.m., August 7, 2021 at 9:15 p.m. through 9:45 p.m.,
August 14, 2021 at 9:15 p.m. through 9:45 p.m., August 25, 2021 at 9:15
p.m. through 9:45 p.m., and September 4, 2021 at 8 p.m. through 8:30
p.m.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0260 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Stephanie Moore, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish this safety zone by May 29, 2021 and lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Upper
Mississippi River (COTP) has determined that potential hazards
associated with a fireworks display on May 29, 2021 will be a safety
concern for anyone on the Lake of the Ozarks between Mile Marker (MM)
.75 to 1. This rule resulted from a marine event notification stating
that there will be a fireworks display to celebrate summertime on the
Lake of the Ozarks. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone before, during, and after the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone on May 29, 2021 at 8:45 p.m.
through 9:15 p.m., June 4, 2021 at 8:45 p.m. through 9:15 p.m., June
19, 2021 at 8:45 p.m. through 9:15 p.m., July 4, 2021 at 9:15 p.m.
through 9:45 p.m., July 17, 2021 at 9 p.m. through 9:30 p.m., July 24,
2021 at 9:15 p.m. through 9:45 p.m., July 31, 2021 at 9:15 p.m. through
9:45 p.m., August 7, 2021 at 9:15 p.m. through 9:45 p.m., August 14,
2021 at 9:15 p.m. through 9:45 p.m., August 25, 2021 at 9:15 p.m.
through 9:45 p.m., and September 4, 2021 at 8:00 p.m. through 8:30 p.m.
The safety zone will cover all navigable waters of the Lake of the
Ozarks at mile marker 1 approximately 500 feet southwest of the Bagnell
Dam. The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters before,
during, and after a fireworks display. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. A designated representative is
a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Upper
Mississippi River. The COTP or a designated representative will inform
the public of the enforcement date and times for this safety zone, as
well as any emergent safety concerns that may delay the enforcement of
the zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration of the temporary safety zone. This action
involves a fireworks display that impacts a one half mile stretch of
the Lake of the Ozarks on May 29, 2021 at 8:45 p.m. through 9:15 p.m.,
June 4,

2021 at 8:45 p.m. through 9:15 p.m., June 19, 2021 at 8:45 p.m. through
9:15 p.m., July 4, 2021 at 9:15 p.m. through 9:45 p.m., July 17, 2021
at 9 p.m. through 9:30 p.m., July 24, 2021 at 9:15 p.m. through 9:45
p.m., July 31, 2021 at 9:15 p.m. through 9:45 p.m., August 7, 2021 at
9:15 p.m. to 9:45 p.m., August 14, 2021 at 9:15 p.m. to 9:45 p.m.,
August 25, 2021 at 9:15 p.m. to 9:45 p.m., and September 4, 2021 at 8
p.m. through 8:30 p.m. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the safety zone,
mariners may seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves a
safety zone lasting thirty minutes that will prohibit entry on the Lake
of the Ozarks between MM .75 and MM 1, extending 500 feet from the
right decending bank. It is categorically excluded from further review
under paragraph L60, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0707 to read as follows:

Sec.  165.T08-0707  Safety Zone; Lake of the Ozarks, Mile Markers .5 to
1, Lake of the Ozarks, MO

    (a) Location. The following area is a safety zone: All navigable
waters of the Lake of the Ozarks at mile marker 1 approximately 500
feet southwest of the Bagnell Dam.
    (b) Period of enforcement. May 29, 2021 at 8:45 p.m. through 9:15
p.m., June 4. 2021 at 8:45 p.m. through 9:15 p.m., June 19, 2021 at
8:45 p.m. to 9:15 p.m., July 4, 2021 at 9:15 p.m. through 9:45 p.m.,
July 17, 2021 at 9 p.m. through 9:30 p.m., July 24, 2021 at 9:15 p.m.
to 9:45 p.m., July 31, 2021 at 9:15 p.m. through 9:45 p.m., August 7,
2021 at 9:15 p.m. to 9:45 p.m., August 14, 2021 at 9:15 p.m. to 9:45
p.m., August 25, 2021 at 9:15 p.m. through 9:45 p.m., and September 4,
2021 at 8:00 p.m. through 8:30 p.m.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, persons and vessels are prohibited from entering the
safety zone unless

authorized by the Captain of the Port Sector Upper Mississippi River
(COTP) or a designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Upper
Mississippi River.
    (2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF radio Channel 16 or by
telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative while
navigating in the regulated area.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone, as well as any emergent safety concerns that may
delay the enforcement of the zone through Broadcast Notice to Mariners
(BNM) and or Local Notices to Mariners (LNMs).

R.M. Scott
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2021-11242 Filed 5-26-21; 8:45 am]
BILLING CODE 9110-04-P


Kathy Kaufman/RTP/USEPA/US

06/26/2008 09:51 AM

To

Al McGartland/DC/USEPA/US@EPA, Brian Heninger/DC/USEPA/US@EPA, Charles Fulcher/RTP/USEPA/US@EPA, Chuck French/RTP/USEPA/US@EPA, Darryl Weatherhead/RTP/USEPA/US@EPA, Joe Touma/RTP/USEPA/US@EPA, Kathy Kaufman/RTP/USEPA/US@EPA, Kevin Cavender/RTP/USEPA/US@EPA, Nathalie Simon/DC/USEPA/US@EPA, Neal Fann/RTP/USEPA/US@EPA, Ron Evans/RTP/USEPA/US@EPA, Rosalina Rodriguez/RTP/USEPA/US@EPA, Tom Walton/RTP/USEPA/US@EPA, Charlotte Bertrand/DC/USEPA/US@EPA, Mike Clark/DC/USEPA/US@EPA, "King, Heidi R."<EMAIL_ADDRESS> cc

Tricia Crabtree/RTP/USEPA/US@EPA

Subject

Material for 10:00 meeting - Pb RIA Next Steps

Kathy Kaufman

EPA/OAQPS Mail Code C539-03

Research Triangle Park, NC 27711

Phone<PHONE_NUMBER>

Fax<PHONE_NUMBER>


[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Notices]
[Pages 90891-90893]
[FR Doc No: 2016-30080]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79516; File No. SR-ICEEU-2016-014]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to the Clearing Rules Regarding German CDS Clearing Members

December 9, 2016.
    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 November 25, 2016, ICE Clear Europe Limited (``ICE Clear Europe'' or
``Clearing House'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule changes described in Items I, II and
III below, which Items have been primarily prepared by ICE Clear
Europe. ICE Clear Europe filed the proposed rule changes pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(4)(i) \4\
thereunder, so that the proposal was effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(i).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The principal purpose of the changes is to modify the ICE Clear
Europe Clearing Rules (``Clearing Rules'') to clarify the application
of economic sanctions compliance provisions to German CDS Clearing
Members, as described herein.

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

    In its filing with the Commission, ICE Clear Europe included
statements concerning the purpose of and basis for the proposed rule
change. The text of these statements may be examined at the places
specified in Item IV below. ICE Clear Europe 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

(a) Purpose
    The purpose of the rule amendments is to modify the ICE Clear
Europe Clearing Rules to revise the application of certain provisions
related to economic sanctions compliance by CDS Clearing Members and
Customers of CDS Clearing Members incorporated in Germany. The existing
ICE Clear Europe Rules impose certain requirements on all Clearing
Members with respect to compliance with economic sanctions regimes,
specifically those imposed by the European Union, the United Kingdom,
the United States and the United Nations Security Council. These
requirements include representations by Clearing Members that they
would not be prevented from entering into any cleared contract or from
using the Clearing House under such sanctions regimes, and that they
are in compliance with requirements under such regimes relating to due
diligence in respect of their customers in any cleared transactions.
    Clearing Members that are incorporated in Germany (``German
Clearing Members'') have expressed concern to ICE Clear Europe that
these requirements under the Rules may potentially be inconsistent with
the anti-boycott provisions in Section 7 of the German Foreign Trade
Ordinance (Au[szlig]enwirtschaftsverordnung) (the ``anti-boycott
ordinance''), which generally prevents German persons from
participating in so-called foreign boycotts. German Clearing Members
have noted the view that contractual provisions that require them to
comply with economic sanctions that are imposed by a jurisdiction other
than Germany, the EU or the UN Security Council may, at least as a
theoretical matter, conflict with the anti-boycott ordinance. This
potential conflict may apply to sanctions imposed by the United States
or the United Kingdom that are not also imposed by the EU or UN
Security Council.
    To avoid this potential conflict, ICE Clear Europe is proposing to
amend its Clearing Rules to provide exceptions to certain of the
representations and undertakings for German Clearing Members, to the
extent the representation or undertaking would be in conflict with the
anti-boycott ordinance. Instead, such German Clearing Members would be
required to provide notice to the Clearing House at least 30 days in
advance of any transaction (including a customer transaction) that
would otherwise violate such a representation or undertaking. In such
case, ICE Clear Europe would as an operational and compliance matter
continue to evaluate whether the transaction or activity would be
subject to or restricted under any applicable sanctions regime or
restriction (including those of the United States and United Kingdom).
If so, ICE Clear Europe would be entitled, as it determined to be
appropriate, to use one of its existing authorities under the Clearing
Rules, including potentially under Rules 104, 404 and Parts 2 and 6
depending on the circumstances, to avoid or decline to clear the
transaction or impose a position limit preventing the transaction from
being effective even if submitted. The amendments only relate to German
Clearing Members that are CDS Clearing Members in connection with their
CDS clearing activity; they do not apply to Clearing Members organized
in other jurisdictions or to other products cleared by German Clearing
Members.\5\
---------------------------------------------------------------------------

    \5\ Following prior consultations with Clearing Members, ICE
Clear Europe is considering other potential changes to its Rules
relating to sanctions. The proposed rule changes in this filing are
intended to address only a specific issue identified by German
Clearing Members.
---------------------------------------------------------------------------

    The changes are thus intended to avoid placing German CDS Clearing
Members in a situation where they face a potential conflict between the
Clearing Rules as they relate to non-German sanctions regimes and the
anti-boycott ordinance, while at the same time allowing ICE Clear
Europe itself to maintain compliance with all applicable sanctions
regimes, including those of the United States and the United Kingdom.
The making of these changes is regarded as important by German market
participants particularly in relation to CDS clearing, which is subject
to a clearing mandate under the European Market Infrastructure
Regulation (EMIR),\6\ effective from February 2017. The so-called
``frontloading window'' for mandatory clearing of CDS has already
commenced and based on communications with Clearing Members, ICE Clear
Europe understands that market participants regard it as important that
there be certainty that CDS transactions executed today by German
users, which will later be required to be cleared, can be capable of
being cleared in compliance with applicable laws.
---------------------------------------------------------------------------

    \6\ Regulation (EU) No 648/2012 of the European Parliament and
of the Council of 4 July 2012 on OTC derivatives, central
counterparties and trade repositories, as well as various
implementing regulations and technical standards.

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

    The proposed amendments to the Rules are described in more detail
as follows:
    In Rule 101, a new definition of ``Sanction'' has been added, which
largely tracks existing references in the Rules to economic sanctions
regulations and restrictions imposed by the EU, United Kingdom, United
States or UN Security Council.
    In Rule 201(a), which contains a representation that the Clearing
Member will not be prevented from entering into a contract or using the
Clearing House as a result of prohibition or restriction under an
economic sanction regime, paragraph (xxxiv) has been amended to provide
the exception described above for German CDS Clearing Members, solely
in respect of their CDS business, and solely to the extent that the
representation would conflict with applicable laws purporting to
nullify or restrict the effect of foreign sanctions or preventing
boycotts (the ``anti-boycott exception''). It has also been modified to
use the new defined term Sanction.
    In Rule 203(a), a new paragraph (xxi) has been added, which
requires a German CDS Clearing Member (or any Clearing Member dealing
with a customer incorporated in Germany) to provide at least 30 days'
notice before entering into a transaction that would breach applicable
representations or undertakings in the Rules relating to Sanctions, but
for the anti-boycott exception.
    Similar provisions have been added in new paragraphs (xiv) and (xv)
of Rule 204(a), which requires Clearing Members to provide certain
notices to the Clearing House. Paragraph (xiv) requires that a German
CDS Clearing Member provide notice if any UK or US Sanctions would, if
they were applicable, prevent the German CDS Clearing Member from
entering into a cleared contract or using the Clearing House in
circumstances in which neither EU Sanctions nor UN Security Council
Sanctions would impose such restriction. Similarly, paragraph (xv)
requires that a German CDS Clearing Member (or any Clearing Member for
a customer incorporated in Germany) provide notice if U.K. or U.S.
Sanctions would, if they were applicable, restrict or prevent any
derivatives or spot trading activities involving the customer in
circumstances in which neither EU Sanctions nor UN Security Council
Sanctions would impose such restriction. Such notices must be given 30
days before entering into any such cleared contract.
    Rule 405(a), which establishes certain representations deemed made
by Clearing Members upon entering into a cleared contract, has been
revised in paragraph (xi) to use the defined term Sanctions and include
the anti-boycott exception discussed above.
    In Rule 1901(d), which establishes requirements for being a
Sponsored Principal, clause (xiii) has been revised (in a manner
similar to the changes in Rule 201(a) above) to use the defined term
Sanction and include the anti-boycott exception discussed above.
    In addition, in the form of Standard Terms Annex for CDS
transactions, paragraph 3(o), which includes representations by the
customer about compliance with economic sanctions, has been revised to
use the defined term Sanctions and include an anti-boycott exception
applicable where the Clearing Member or Customer is located in Germany.
The other Standard Terms Annexes for F&O and FX include only a
conforming amendment to use the new defined term Sanction.
(b) Statutory Basis
    ICE Clear Europe believes that the changes described herein are
consistent with the requirements of Section 17A of the Act \7\ and the
regulations thereunder applicable to it, and are consistent with the
prompt and accurate clearance of and settlement of securities
transactions and, to the extent applicable, derivative agreements,
contracts and transactions, the safeguarding of securities and funds in
the custody or control of ICE Clear Europe or for which it is
responsible and the protection of investors and the public interest,
within the meaning of Section 17A(b)(3)(F) of the Act.\8\ The
amendments are intended to resolve a potential inconsistency for German
Clearing Members between the provisions of the Rules relating to
sanctions compliance and the German anti-boycott ordinance. Although
certain responsibilities of German Clearing Members in this regard are
being modified in light of the German anti-boycott ordinance, the
amendments impose new notice requirements on such Clearing Members to
facilitate the identification and review by the Clearing House of
potential sanctions violations, which would entitle the Clearing House
may [sic] take any appropriate action under the Rules, as discussed
above. The amendments will thus facilitate continued compliance by ICE
Clear Europe with sanctions regimes in all relevant jurisdictions. As
such, ICE Clear Europe believes that the amendments will further the
public interest in enforcement of such sanctions. By seeking to avoid a
potential conflict with German law while maintaining overall
compliance, the amendments will also further the development of a well-
founded legal framework applicable to German Clearing Members (and
their customers) in all relevant jurisdictions, within the meaning of
Rule 17Ad-22(d)(1).\9\ As a result, in ICE Clear Europe's view, the
amendments are consistent with the requirements of Section 17A of the
Act.\10\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
    \9\ 17 CFR 240.17Ad-22(d)(1). In this regard, ICE Clear Europe
notes that as a clearing organization that provides services outside
the United States, it is required to identify and address any
material conflict of law issues, and be able to demonstrate that its
rules and procedures are enforceable in all relevant jurisdictions.
See 17 CFR 39.27(c); see also recently adopted Commission Rule 17Ad-
22(e)(1) and related guidance in Exchange Act Release No. 34-78961
(Sept. 28, 2016).
    \10\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed changes to the rules
would have any impact, or impose any burden, on competition not
necessary or appropriate in furtherance of the purpose of the Act. ICE
Clear Europe is adopting amendments to the Clearing Rules intended to
address certain potential compliance issues for German Clearing Members
relating to different economic sanctions regimes. The amendments do not
affect other Clearing Members, and are tailored to address a particular
concern under the German anti-boycott ordinance that may affect the
ability of German Clearing Members to comply with certain requirements
under the Rules. ICE Clear Europe does not believe that these changes
will impose any significant additional costs on Clearing Members or
other market participants. ICE Clear Europe also does not believe the
amendments will adversely affect access to clearing by Clearing Members
or their customers or otherwise adversely affect Clearing Members or
market participants.

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

    ICE Clear Europe has previously conducted a public consultation
with respect to a series of amendments relating to economic sanctions
matters.\11\ That consultation included a prior version of the
provisions addressing the German anti-boycott ordinance issue that are
the subject of this proposed rule change. Although a number of comments
were received in that consultation generally (which ICE

Clear Europe continues to consider), no material comments were received
on the provisions relating to the German anti-boycott ordinance. ICE
Clear Europe has commenced a further public consultation relating to
the proposed changes to the Rules discussed here. ICE Clear Europe will
notify the Commission of any written comments received by ICE Clear
Europe.
---------------------------------------------------------------------------

    \11\ See ICE Clear Europe Circular C16/099.
---------------------------------------------------------------------------

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A) \12\ of the Act and Rule 19b-4(f)(4)(i) \13\
thereunder because it effects a change in an existing service of a
registered clearing agency that does not adversely affect the
safeguarding of securities or funds in the custody or control of the
clearing agency or for which it is responsible, and does not
significantly affect the respective rights or obligations of the
clearing agency or persons using its clearing service, within the
meaning of Rule 19b-4(f)(4)(i). At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(4) [sic].
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICEEU-2016-014 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 SR-ICEEU-2016-014. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filings will also be
available for inspection and copying at the principal office of ICE
Clear Europe and on ICE Clear Europe's Web site at https://www.theice.com/clear-europe/regulation#rule-filings.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-ICEEU-2016-014
and should be submitted on or before January 5, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-30080 Filed 12-14-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Notices]
[Pages 33256-33257]
[FR Doc No: 2012-13483]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67068; File No. SR-NASDAQ-2012-064]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Delay the Implementation Date for Its Excess Order Fee

May 29, 2012.
    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 May 22, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') 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
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes a rule change to delay the implementation
date for its Excess Order Fee. The text of the proposed rule change is
available at http://nasdaq.cchwallstreet.com, 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
    NASDAQ recently submitted a proposed rule change to introduce an
Excess Order Fee,\3\ aimed at reducing inefficient order entry
practices of certain market participants that place excessive burdens
on the systems of NASDAQ and its members and that may negatively impact
the usefulness and life cycle cost of market data. In order to provide
market participants with additional time to enhance their efficiency so
as to avoid the fee, NASDAQ is delaying the implementation date of the
fee until July 2, 2012.
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 66951 (May 9, 2012), 77
FR 28647 (May 15, 2012) (SR-NASDAQ-2012-055).
---------------------------------------------------------------------------

2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\4\ in general, and with Section
6(b)(5) of the Act,\5\ 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. Specifically, NASDAQ
believes that delaying the implementation date of the Excess Order Fee
will provide market participants with additional time to enhance the
efficiency of their systems, and that implementation of the fee on July
2, 2012 will benefit investors and the public interest by encouraging
more efficient order entry practices by all market participants.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    NASDAQ 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. Specifically,
NASDAQ believes that the fee will constrain market participants from
pursuing certain inefficient and potentially abusive trading
strategies. To the extent that this change may be construed as a burden
on competition, NASDAQ believes that it is appropriate in order to
further the purposes of Section 6(b)(5) of the Act.\6\ NASDAQ further
believes that the proposed delay of one month in the implementation of
the fee will not have any effect on competition.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(i) of the Act.\7\ At any time within 60 days of the filing
of the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(a)(i) [sic].
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2012-064 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-2012-064. This
file number should be included on the subject line if email is used.

    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule

change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room on official business days between the hours of 10:00
a.m. and 3:00 p.m. Copies of such filing also will be available for
inspection and copying at the principal offices of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissionsshould refer to File Number SR-NASDAQ-2012-064, and should
be submitted on or before June 26, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-13483 Filed 6-4-12; 8:45 am]
BILLING CODE 8011-01-P