December 2004. Available from the Environmental Resources Center, Georgia Institute of Technology, 620 Cherry Street, Atlanta, GA 30332-0335, USA,
  Telephone:<PHONE_NUMBER>. This method may be used to analyze for radium-226 and radium-228 in samples collected after January 1, 2005 to satisfy the
  radium-226 and radium-228 monitoring requirements specified at 40 CFR 141.26.

* * * * *

0
16. Section 141.74 is amended as follows:
0
a. By revising the entry for turbidity in the table in paragraph
(a)(1).
0
b. By revising footnotes 1, 8, 10, 11, and 12 to the table in paragraph
(a)(1).
0
c. By adding footnote 13 to the table in paragraph (a)(1).
0
d. By revising paragraph (a)(2).

Sec.  141.74  Analytical and monitoring requirements.

    (a) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                 Organism                             Methodology                        Citation \1\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Turbidity \13\...........................  Nephelometric Method.............  2130 B
                                           Nephelometric Method.............  180.1 \9\
                                           Great Lakes Instruments..........  Method 2 \10\
                                           Hach FilterTrak..................  10133 \12\
----------------------------------------------------------------------------------------------------------------
* * * * *
\1\ Except where noted, all methods refer to Standard Methods for the Examination of Water and Wastewater, 18th
  edition (1992), 19th edition (1995), or 20th edition (1998), American Public Health Association, 1015
  Fifteenth Street, NW., Washington, DC 20005. The cited methods published in any of these three editions may be
  used. In addition, the following online versions may also be used: 2130 B-01, 9215 B-00, 9221 A, B, C, E-99,
  9222 A, B, C, D-97, and 9223 B-97. Standard Methods Online are available at http://www.standardmethods.org.

  The year in which each method was approved by the Standard Methods Committee is designated by the last two
  digits in the method number. The methods listed are the only Online versions that may be used.
* * * * *
\8\ A-1 broth may be held up to 7 days in a tightly closed screw cap tube at 4 [deg]C.
\9\ ``Methods for the Determination of Inorganic Substances in Environmental Samples,'' EPA/600/R-93/100, August
  1993. Available at NTIS, PB94-121811.
\10\ GLI Method 2, ``Turbidity,'' November 2, 1992, Great Lakes Instruments, Inc., 8855 North 55th Street,
  Milwaukee, WI 53223.
\11\ A description of the SimPlate method, ``IDEXX SimPlate TM HPC Test Method for Heterotrophs in Water,''
  November 2000, can be obtained from IDEXX Laboratories, Inc., 1 IDEXX Drive, Westbrook, ME 04092, telephone
<PHONE_NUMBER>.
\12\ A description of the Hach FilterTrak Method 10133, ``Determination of Turbidity by Laser Nephelometry,''
  January 2000, Revision 2.0, can be obtained from; Hach Co., P.O. Box 389, Loveland, CO 80539-0389, telephone:
<PHONE_NUMBER>.
\13\ Styrene divinyl benzene beads (e.g. AMCO-AEPA-1 or equivalent) and stabilized formazin (e.g. Hach StablCal
  TM or equivalent) are acceptable substitutes for formazin.

    (2) Public water systems must measure residual disinfectant
concentrations with one of the analytical methods in the following
table. If approved by the State, residual disinfectant concentrations
for free chlorine and combined chlorine also may be measured by using
DPD colorimetric test kits. In addition States may approve the use of
the ITS free chlorine test strip for the determination of free
chlorine. Use of the test strips is described in Method D99-003, ``Free
Chlorine Species (HOCl- and OCl-) by Test Strip,'' Revision 3.0,
November 21, 2003, available from Industrial Test Systems, Inc., 1875
Langston St., Rock Hill, SC 29730. Free and total chlorine residuals
may be measured continuously by adapting a specified chlorine residual
method for use with a continuous monitoring instrument provided the
chemistry, accuracy, and precision remain the same. Instruments used
for continuous monitoring must be calibrated with a grab sample
measurement at least every five days, or with a protocol approved by
the State.

----------------------------------------------------------------------------------------------------------------
          Residual                 Methodology           SM \1\       SM Online \2\              Other
----------------------------------------------------------------------------------------------------------------
Free Chlorine...............  Amperometric          4500-Cl D......  4500-Cl D-00...  D1253-03 \3\
                               Titration.
                              DPD Ferrous           4500-Cl F......  4500-Cl F-00...
                               Titrimetric.
                              DPD Colorimetric....  4500-Cl G......  4500-Cl G-00...
                              Syringaldazine        4500-Cl H......  4500-Cl H-00...
                               (FACTS).
Total Chlorine..............  Amperometric          4500-Cl D......  4500-Cl D-00...  D1253-03 \3\
                               Titration.
                              Amperometric          4500-Cl E......  4500-Cl E-00...
                               Titration (low
                               level measurement).
                              DPD Ferrous           4500-Cl F......  4500-Cl F-00...
                               Titrimetric.
                              DPD Colorimetric....  4500-Cl G......  4500-Cl G-00...
                              Iodometric Electrode  4500-Cl I......  4500-Cl I-00...
Chlorine Dioxide............  Amperometric          4500-ClO2 C....  4500-ClO2 C-00.
                               Titration.
                              DPD Method..........  4500-ClO2 D....
                              Amperometric          4500-ClO2 E....  4500-ClO2 E-00.
                               Titration.
                              Spectrophotometric..  ...............  ...............  327.0, Revision 1.1 \4\
Ozone.......................  Indigo Method.......  4500-O3 B......  4500-O3 B-97 ..
----------------------------------------------------------------------------------------------------------------
\1\ All the listed methods are contained in the 18th, 19th, and 20th editions of Standard Methods for the
  Examination of Water and Wastewater, 1992, 1995, and 1998; the cited methods published in any of these three
  editions may be used.
\2\ Standard Methods Online are available at http://www.standardmethods.org. The year in which each method was

  approved by the Standard Methods Committee is designated by the last two digits in the method number. The
  methods listed are the only Online versions that may be used.
\3\ Annual Book of ASTM Standards, Vol. 11.01, 2004 ; ASTM International; any year containing the cited version
  of the method may be used. Copies of this method may be obtained from ASTM International, 100 Barr Harbor
  Drive, P.O. Box C700 West Conshohocken, PA 19428-2959.
\4\ EPA Method 327.0, Revision 1.1, ``Determination of Chlorine Dioxide and Chlorite Ion in Drinking Water Using
  Lissamine Green B and Horseradish Peroxidase with Detection by Visible Spectrophotometry,'' USEPA, May 2005,
  EPA 815-R-05-008. Available online at http://www.epa.gov/safewater/methods/sourcalt.html.

* * * * *

PART 143--NATIONAL SECONDARY DRINKING WATER REGULATIONS

0
17. The authority citation for part 143 continues to read as follows:

    Authority: 42 U.S.C. 300f et seq.

0
18. Section Sec.  143.4 is amended by revising the table in paragraph
(b) to read as follows:

Sec.  143.4  Monitoring.

* * * * *
    (b) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     SM \4\ 18th and
           Contaminant               EPA           ASTM \3\              19th ed.         SM \4\ 20th ed.       SM \7\ Online             Other
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Aluminum.....................  200.7 \2\  ....................  3120 B.............  3120 B.............  3120 B-99.........
                                  200.8 \2\  ....................  3113 B.............  ...................  3113 B-99.........
                                  200.9 \2\  ....................  3111 D.............  ...................  3111 D-99.........
2. Chloride.....................      300.0  D4327-97, 03........  4110 B.............  4110 B.............  4110 B-00.........
                                       \1\,
                                  300.1 \6\
                                                                   4500-Cl	 D.........  4500-Cl	 D.........  4500-Cl	 D-97.....
                                             D512-89 (Reapproved   4500-Cl	 B.........  4500-Cl	 B.........  4500-Cl	 B-97.....
                                              1999) B.
                                                                                D6508, Rev. 2 \8\
3. Color........................  .........  ....................  2120 B.............  2120 B.............  2120 B-01.........
4. Foaming Agents...............  .........  ....................  5540 C.............  5540 C.............  5540 C-00.........
5. Iron.........................  200.7 \2\  ....................  3120 B.............  3120 B.............  3120 B-99.........
                                  200.9 \2\  ....................  3111 B.............  ...................  3111 B-99.........
                                             ....................  3113 B.............  ...................  3113 B-99.........
6. Manganese....................  200.7 \2\  ....................  3120 B.............  3120 B.............  3120 B-99.........
                                  200.8 \2\  ....................  3111 B.............  ...................  3111 B-99.........
                                  200.9 \2\  ....................  3113 B.............  ...................  3113 B-99.........
7. Odor.........................             ....................  2150 B.............  2150 B.............  2150 B-97.........
8. Silver.......................  200.7 \2\  ....................  3120 B.............  3120 B.............  3120 B-99.          I-3720-85 \5\
                                  200.8 \2\  ....................  3111 B.............  ...................  3111 B-99.........
                                  200.9 \2\  ....................  3113 B.............  ...................  3113 B-99.........
9. Sulfate......................      300.0  D4327-97, 03........  4110 B.............  4110 B.............  4110 B-00.........
                                       \1\,
                                  300.1 \6\
                                  375.2 \1\  ....................  4500-SO4 \2\	 F....  4500-SO4 \2\	 F....
                                                                   4500-SO4 \2\	 C, D.  4500-SO4 \2\	 C, D.
                                             D516-90, 02.........  4500-SO4 \2\	 E....  4500-SO4 \2\	 E....
                                                                                D6508, Rev. 2 \8\
10. Total Dissolved Solids......             ....................  2540 C.............  2540 C.............  2540 C-97.........
11. Zinc........................  200.7 \2\  ....................  3120 B.............  3120 B.............  3120 B-99.........
                                  200.8 \2\  ....................  3111 B.............  ...................  3111 B-99.........
--------------------------------------------------------------------------------------------------------------------------------------------------------
 The procedures shall be done in accordance with the documents listed below. The incorporation by reference of the following documents was approved by
  the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies of the documents may be obtained from the sources
  listed below. Information regarding obtaining these documents can be obtained from the Safe Drinking Water Hotline at<PHONE_NUMBER>. Documents may be
  inspected at EPA's Drinking Water Docket, EPA West, 1301 Constitution Avenue, NW., Room 3334, Washington, DC (Telephone:<PHONE_NUMBER>); or at the
  National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.

ibr_locations.html
.

\2\ ``Methods for the Determination of Metals in Environmental Samples--Supplement I,'' EPA/600/R-94-111, May 1994. Available at NTIS, PB 95-125472.
\3\ Annual Book of ASTM Standards, 1994, 1996, 1999, or 2004, Vols. 11.01 and 11.02, ASTM International; any year containing the cited version of the
  method may be used. Copies may be obtained from the ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428.
\4\ Standard Methods for the Examination of Water and Wastewater, 18th edition (1992), 19th edition (1995), or 20th edition (1998). American Public
  Health Association, 1015 Fifteenth Street, NW., Washington, DC 20005. The cited methods published in any of these three editions may be used, except
  that the versions of 3111 B, 3111 D, and 3113 B in the 20th edition may not be used.
\5\ Method I-3720-85, Techniques of Water Resources Investigation of the U.S. Geological Survey, Book 5, Chapter A-1, 3rd ed., 1989. Available from
  Information Services, U.S. Geological Survey, Federal Center, Box 25286, Denver, CO 80225-0425.
\6\ ``Methods for the Determination of Organic and Inorganic Compounds in Drinking Water,'' Vol. 1, EPA 815[dash]R-00-014, August 2000. Available at
  NTIS, PB2000-106981.
\7\ Standard Methods Online are available at http://www.standardmethods.org. The year in which each method was approved by the Standard Methods

  Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be used.
\8\ Method D6508, Rev. 2, ``Test Method for Determination of Dissolved Inorganic Anions in Aqueous Matrices Using Capillary Ion Electrophoresis and
  Chromate Electrolyte,'' available from Waters Corp, 34 Maple St., Milford, MA, 01757, Telephone: 508/482-2131, Fax: 508/482-3625.

PART 430--THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY

0
19. The authority citation for part 430 continues to read as follows:

    Authority: Sections 301, 304, 306, 307, 308, 402, and 501 of the
Clean Water Act, as amended, (33 U.S.C. 1311, 1314, 1316, 1317,
1318, 1342, and 1361), and Section 112 of the Clean Air Act, as
amended (42 U.S.C. 7412).

0
20. Section 430.02 is amended by adding paragraph (g) to read as
follows:

Sec.  430.02  Monitoring requirements.

* * * * *
    (g) Analyst may use NCASI Method CP-86.07, ``Chlorinated Phenolics
in Water by In situ Acetylation and GC/MS Determination'' (January
2002) for determination of certain chlorinated phenols, chlorinated
guaiacols, chlorinated catechols, chlorinated benzaldehydes (i.e.,
vanillins and syringaldehydes), and trichlorsyringol (analytes
specified in the method) in bleach plant filtrate as an alternative to
EPA Method 1653. NCASI Method CP-86.07 is available from the
Publications Coordinator, NCASI, P.O. Box 13318, Research Triangle
Park, NC 27709-3318. Telephone:<PHONE_NUMBER>.

PART 455--PESTICIDE CHEMICALS

0
21. The authority citation for Part 455 continues to read as follows:

    Authority: Secs. 301, 304, 306, 307, and 501, Pub. L. 92-500, 86
Stat. 816, Pub. L. 95-217, 91 Stat. 156, and Pub. L. 100-4 (33
U.S.C. 1311, 1314, 1316, 1317, 1361).

0
22. Section 455.50 is revised to read as follows:

Sec.  455.50  Identification of test procedures.

    The pesticide active ingredients to which this section applies and
for which effluent limitations guidelines and standards are specified
in this Part are named, together with the Chemical Abstracts Service
(CAS) number (provided to assist in identifying the pesticide active
ingredient only) and analytical method(s) designation(s) in Table IG at
40 CFR 136.3(a). Except as provided in 40 CFR 136.5, the discharge
parameter values required under the Clean Water Act must be determined
by one of the analytical methods cited and described in Table IG at 40
CFR 136.3(a). Pesticide manufacturers may not use the analytical method
cited in

Table IB, Table IC, or Table ID of 40 CFR 136.3(a) to make these
determinations (except where the method cited in those tables is
identical to the method specified in Table IG at 40 CFR 136.3(a)). The
full texts of the analytical methods cited in Table IG at 40 CFR
136.3(a) are contained in the Methods For The Determination of
Nonconventional Pesticides In Municipal and Industrial Wastewater,
Volume I, EPA 821-R-93-010A (August 1993 Revision I) and Volume II, EPA
821-R-93-010B (August 1993) (the ``Compendium''). Each pesticide
chemical manufacturer that is required to determine discharge parameter
values under this Part using one of the analytical methods cited in
Table IG at 40 CFR 136.3(a) must request in writing a copy of the
Compendium from the permit authority or local control authority (as
applicable) prior to determining such discharge parameter values,
unless the manufacturer already has a copy.

0
23. Part 455 is amended by removing and reserving Table 7 to Part 455.

PART 465--COIL COATING POINT SOURCE CATEGORY

0
24. The authority citation for Part 465 continues to read as follows:

    Authority: Secs. 301,304 (b), (c), (e), and (g), 306 (b) and
(c), 307 (b) and (c), and 501 of the Clean Water Act (the Federal
Water Pollution Control Act of 1972, as amended by the Clean Water
Act of 1977)(the ``Act''); 33 U.S.C. 1311, 1314 (b), (c), (e), and
(g), 1316 (b) and (c), 1317 (b) and (c), and 1361; 86 Stat. 816,
Pub. L. 92-500; 91 Stat. 1567, Pub. L. 95-217.

0
25. Section 465.03 is amended by revising paragraph (c) to read as
follows:

Sec.  465.03  Monitoring and reporting requirements.

* * * * *
    (c) The analytical method required for determination of petroleum
hydrocarbons (non-polar material) is given under the listing for ``oil
and grease'' at 40 CFR 136.3(a), Table IB and must be used after
December 31, 2005.
* * * * *
[FR Doc. 07-1073 Filed 3-9-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: March 1, 2006 (Volume 71, Number 40)]
[Notices]
[Page 10486]
[DOCID:fr01mr06-34]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-227-000]

ANR Pipeline Company; Notice of Tariff Filing

February 22, 2006.
    Take notice that on February 17, 2006 ANR Pipeline Company (ANR),
tendered for filing as part of its FERC Gas Tariff, Second Revised
Volume No. 1, Twenty Second Revised Sheet No. 19 and Twelfth Revised
Sheet No. 68H, to be effective April 1, 2006.
    ANR states that it has submitted these sheets to comply with the
annual fuel re-determination provisions of sections 1.68 and 37 of the
GT&C of ANR's FERC Gas tariff.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-2863 Filed 2-28-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Notices]
[Pages 59431-59439]
[FR Doc No: 2012-23816]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67906; File No. SR-OCC-2012-14]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing of Advance Notice Relating to the Clearance and
Settlement of Over-the-Counter Options

September 21, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4(n)(1)(i),\2\ notice is hereby given that
on August 30, 2012, The Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') the
advance notice described in Items I, II, and III below, which Items
have been prepared primarily by OCC. The Commission is publishing this
notice to solicit comments on the advance notice from interested
persons.
---------------------------------------------------------------------------

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

I. Clearing Agency's Statement of the Terms of Substance of the Advance
Notice

    The proposed changes contained in the advance notice will permit
OCC to provide central clearing of index options on the S&P 500 that
are negotiated bilaterally in the over-the-counter market and submitted
to OCC for clearance.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Advance Notice

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the advance notice and
discussed any comments it received on the advance notice. The text of
these statements may be examined at the places specified in Item IV
below. OCC has prepared summaries, set forth in sections (A), (B), and
(C) below, of the most significant aspects of these statements.\3\
---------------------------------------------------------------------------

    \3\ The Commission has modified the text of the summaries
prepared by OCC.
---------------------------------------------------------------------------

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Advance Notice

    The purpose of this proposed rule change and advance notice is to
allow OCC to provide central clearing of OTC index options on the S&P
500 Index. The proposed rule change replaces a previously proposed rule
change which was withdrawn by OCC.\4\ OCC will clear the proposed OTC
options in a manner that is highly similar to the manner in which it
clears listed options, with only such modifications as are appropriate
to reflect the unique characteristics of OTC options.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 34-66090 (January 3,
2012), 77 FR 1107 (January 9, 2012) (SR-OCC-2011-19).
---------------------------------------------------------------------------

OTC Options
    OCC has entered into a license agreement with Standard & Poor's
Financial Services LLC (``S&P'') that allows OCC to clear OTC options
on three equity indices published by the S&P: the S&P 500 Index, the
S&P MidCap 400 Index and the S&P Small Cap 600 Index. The initial OTC
options to be cleared by OCC will consist of options on the S&P 500
Index. OCC may clear OTC options on other indices and on individual
equity securities in the future, subject to Commission approval of one
or more additional rule filings. The current rule filing defines ``OTC
option'' and ``OTC index option'' generically in order to simplify
future amendments to provide for additional underlying interests. OTC
options will have predominantly common terms and characteristics, but
also include unique terms negotiated by the parties. Transactions in
OTC options will not be executed through the facilities of any
exchange, but will instead be entered into bilaterally and submitted to
OCC for clearance through one or more providers of trade affirmation
services.\5\
---------------------------------------------------------------------------

    \5\ The initial provider of the trade affirmation services in
connection with the OTC options will be MarkitSERV.
---------------------------------------------------------------------------

    OTC options will be similar to exchange-traded standardized equity
index options called ``FLEX Options'' that are currently traded on
certain options exchanges.\6\ FLEX Options are exchange-traded put and
call options that allow for customization of certain terms. For
example, FLEX index Options traded on the Chicago Board Options
Exchange have six customizable terms: (1) Underlying index, (2) put or
call, (3) expiration date, (4) exercise price, (5) American or European
exercise style, and (6) method of calculating settlement value. OCC is
the issuer and guarantor of FLEX Options and clears FLEX Options traded
on multiple exchanges.
---------------------------------------------------------------------------

    \6\ Note that FINRA Rule 2360(a)(16) refers to FLEX Options as
``FLEX Equity Options,'' which it defines as ``any options contract
issued, or subject to issuance by, The Options Clearing Corporation
whereby the parties to the transaction have the ability to negotiate
the terms of the contract consistent with the rules of the exchange
on which the options contract is traded.'' OCC does not believe this
definition would capture OTC options as they are not traded on any
exchange. Nevertheless, as discussed below, OCC is working with
FINRA to amend certain of FINRA's rules to clarify the proper
application of such rules to OTC options.
---------------------------------------------------------------------------

    Similar to FLEX Options, OTC options will allow for customization
of a limited number of variable terms with a specified range of values
that may be assigned to each as agreed between the buyer and seller.
Parties submitting transactions in OTC options for clearing by OCC will
be able to customize six discrete terms: (1) Underlying index; \7\ (2)
put or call; (3) exercise price; (4) expiration date; (5) American or
European exercise style; and (6) method of calculating exercise
settlement value on the expiration date.\8\ The variable terms and
permitted values will be specified in the proposed Section 6 of Article
XVII of the By-Laws. With respect to future OTC options accepted for
clearing, OCC intends that such future OTC options will conform to the
general variable terms and limits on the variable terms set forth in
proposed Section 6 of the By-Laws, and will either amend the
Interpretations and Policies thereunder to specify additional
requirements for specific OTC options or publish such requirements on
OCC's Web site.
---------------------------------------------------------------------------

    \7\ Initially, however, the S&P 500 Index will be the only
permitted underlying index.
    \8\ The expiration date of an OTC option must fall on a business
day. The method of determining the exercise settlement value of an
OTC option on its expiration date may be either the opening
settlement value or the closing settlement value of the underlying
index (calculated by S&P using the opening or closing price, as
applicable, in the primary market of each component security of the
underlying index on the specified expiration date), in each case as
reported to OCC by CBOE.
---------------------------------------------------------------------------

Clearing of OTC Options
    OCC proposes to clear OTC options subject to the same basic rules
and procedures used for the clearance of listed index options. The
proposed rules require that the counterparties to the OTC options must
be eligible contract participants (``ECPs''), as defined in Section
3a(65) of the Securities Exchange Act of 1934,\9\ as amended (the
``Exchange Act'') and Section 1a(18) of the Commodity Exchange Act,\10\
as amended (the ``CEA''). Because an OTC option will be a ``security''
as defined in

the Exchange Act, the proposed rules also require that the transactions
be cleared through a clearing member of OCC that is registered with the
Commission as a broker-dealer or one of the small number of clearing
members that are ``non-U.S. securities firms'' as defined in OCC's By-
Laws. OCC is not proposing to require clearing members to meet any
different financial standards for clearing OTC options. However,
clearing members must be specifically approved by OCC to clear OTC
options pursuant to new Interpretation and Policy .11 to Section 1 of
Article V in order to assure the operational readiness of such clearing
members to clear OTC options. Clearing members seeking to clear OTC
options will be required to submit a business expansion request and
complete an operational review. The operational review consists of an
initial meeting with the clearing member's staff to evaluate the
staff's experience, confirm the staff's familiarity with current OCC
systems and procedures, complete an operational questionnaire, perform
a high level review of the clearing member's systems and processing
capabilities, and review other pertinent operational information.
Successful testing of messaging capability between the clearing member,
MarkitSERV and OCC is also necessary. These procedures will determine
whether the firm is operationally ready to clear OTC Index Options.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78c(a)(65).
    \10\ 7 U.S.C. 1a(18).
---------------------------------------------------------------------------

    Exercise of an OTC option will be settled by payment of cash by the
assigned writer and to the exercising holder through OCC's cash
settlement system on the business day following exercise in exactly the
same manner as is the case with exercise settlement of listed index
options. As in the case of listed index options, the exercise-
settlement amount will be equal to the difference between the current
value of the underlying interest and the exercise price of the OTC
option, times the multiplier that determines the size of the OTC
option. In the case of OTC index options on the S&P 500, the multiplier
will be fixed at 1. The multipliers for additional OTC index options
that OCC may in the future clear may be fixed at such value as OCC
determines and provides for in its By-Laws and Rules.
    OCC will calculate clearing margin for the OTC options using its
STANS margin system on the same basis as for listed index options and
will otherwise apply the same risk management practices to both OTC
options and listed index options, including new risk modeling
enhancements for longer-tenor options discussed below under ``Risk
Management Enhancement for Longer-Tenor Options.'' Because OCC
currently clears listed options on all three of the underlying indexes
on which OCC is currently licensed to clear OTC options, and because
the customizable terms of these OTC options are relatively limited and
the range of values that customizable terms may be given is limited,
OCC does not believe that valuation and risk management for these OTC
options present challenges that are different from those faced in the
listed options market. Nevertheless, as discussed further below, OCC is
proposing special OTC Options Auctions to be used in the unlikely event
that OCC would be unable to close out positions in OTC options of a
failed clearing member through other means.
    OTC options may be carried in a clearing member's firm account, in
market-maker accounts or in its securities customers' account, as
applicable. Although customer positions in OTC options will be carried
in the securities customers' account (an omnibus account), OCC will use
a ``customer ID'' to identify positions of individual customers based
on information provided by clearing members.\11\ However, positions are
not presently intended to be carried in individual customer sub-
accounts, and positions in OTC options will be margined at OCC in the
omnibus customers' account on the same basis as listed options. If a
clearing member takes the other side of a transaction with its customer
in an OTC option, the transaction will result in the creation of a long
or short position (as applicable) in the clearing member's customers'
account and the opposite short or long position in the clearing
member's firm account. The positions could also be includable in the
internal cross-margining account, subject to any necessary regulatory
approvals.
---------------------------------------------------------------------------

    \11\ Such customer IDs are necessary in order to allow OCC to
comply with certain terms of OCC's license agreement with S&P. As
described further below, customer IDs will be used for other
purposes as well.
---------------------------------------------------------------------------

    The trade data for an OTC option trade will be entered into the
system of MarkitSERV or another trade confirmation/affirmation vendor
approved by OCC for this purpose (the ``OTC Trade Source'').\12\ While
MarkitSERV will be the only OTC Trade Source at launch, OCC will permit
additional OTC Trade Sources in the future in response to sufficient
market demand from OCC's clearing members and subject to the ability of
any such OTC Trade Source to meet OCC's requirements for operational
readiness and interoperability with OCC's systems, as well as
requirements with respect to relevant business experience and
reputation, adequate personnel and expertise, financial qualification
and such other factors as OCC deems relevant. OCC will receive
confirmed trades from the OTC Trade Source. It will be permissible for
parties to submit trades for clearance that were entered into
bilaterally at any time in the past, provided that the eligibility for
clearance will be determined as of the date the trade is submitted to
OCC for clearance.\13\ The OTC Trade Source will process the trade and
submit it as a confirmed trade to OCC for clearing. If the trade meets
OCC's validation requirements, OCC will so notify the OTC Trade Source,
which will notify the submitting parties. Customers of clearing members
may have direct access to the OTC Trade Source for purposes of entering
or affirming trade data and receiving communications regarding the
status of transactions, in which case mechanisms will be put in place
for a clearing member to authorize a customer to enter a trade for the
clearing member's customers' account or for the clearing member to
affirm a trade once entered.
---------------------------------------------------------------------------

    \12\ MarkitSERV, LLC is owned by Markit Group Limited, Markit
Group Holdings Limited and The Depository Trust & Clearing
Corporation. MarkitSERV Limited is a wholly-owned U.K. subsidiary of
MarkitSERV, LLC. MarkitSERV, LLC and MarkitSERV Limited
(collectively, ``MarkitSERV'') provide derivatives transaction
processing, electronic confirmation, portfolio reconciliation
services, and other related services for firms that conduct business
in the over-the-counter derivatives markets through a variety of
electronic systems, including the MarkitWire system. MarkitWire,
owned by MarkitSERV Limited, is an OTC derivatives electronic
confirmation/affirmation service offered by MarkitSERV as part of
its post-trade processing suite of products. The role of MarkitSERV
and MarkitWire in OCC's clearing of OTC options is described in
further detail below.
    \13\ OCC's license agreement with S&P imposes certain
requirements relating to minimum time remaining to expiration of an
OTC option.
---------------------------------------------------------------------------

    In order for a clearing member to be approved for clearing OTC
options, the clearing member must enter into a standard agreement with
MarkitSERV (or another OTC Trade Source with which the clearing member
intends to enter trade data, if and when OCC enters into arrangements
with other OTC Trade Sources). At launch, OTC options will not be
subject to the same clearing member trade assignment rules and
procedures through which exchange-traded options can be cleared by a
clearing member other than the executing clearing member. This
functionality may be added at a later date. OCC and MarkitSERV will
adopt procedures to permit a customer that

has an account with Clearing Member A (``CM A'') to enter into an OTC
option transaction with Clearing Member B (``CM B'') and have the
position included in its account at CM A and cleared in CM A's
customers' account at OCC.
    OTC options will be fungible with each other to the extent that
there are OTC options in the system with identical terms. However, OCC
will not treat OTC options as fungible with index options listed on any
exchange, even if an OTC option has terms identical to the terms of the
exchange-listed option.
    Clearing members that carry customer positions in cleared OTC
options will be subject to all OCC rules governing OCC-cleared options
generally, as well as all applicable rules of the Commission and of any
self-regulatory organization, including the Financial Industry
Regulatory Authority (``FINRA''), of which they are a member. Section 8
of Article III of OCC's By-Laws provides that, subject to the By-Laws
and Rules, ``the Board of Directors may suspend Clearing Members and
may prescribe and impose penalties for the violation of the By-Laws or
the Rules of the Corporation, and it may, by Rule or otherwise,
establish all disciplinary procedures applicable to Clearing Members
and their partners, officers, directors and employees.'' As a condition
to admission, Section 3(c) of Article V of the By-Laws provides that a
clearing member must agree, among other things, to ``pay such fines as
may be imposed on it in accordance with the By-Laws and Rules.'' Rule
305 permits OCC to impose restrictions on the clearing activities of a
clearing member if it finds that the financial or operational condition
of the clearing member makes it necessary or advisable to do so for the
protection of OCC, other clearing members, or the general public. Rule
1201(a) provides that OCC ``may censure, suspend, expel or limit the
activities, functions or operations of any Clearing Member for any
violation of the By-Laws and Rules or its agreements with the
Corporation.'' In addition to, or in lieu of, such actions, OCC is
permitted under the same paragraph to impose fines. Rule 1202(b)
establishes procedures for taking any such disciplinary actions. The
foregoing provisions are sufficient to permit OCC to fine or otherwise
discipline a clearing member that fails to abide by OCC's By-Laws and
Rules applicable to OTC options, or to prohibit such clearing member
from continuing to clear such options.
Regulatory Status of the OTC Options
    An OTC option will be a ``security'' as defined in both the
Securities Act of 1933, as amended (the ``Securities Act'') and, as
noted above, the Exchange Act. OCC will be the ``issuer'' of the OTC
options. The OTC options will be neither ``swaps'' nor ``security-based
swaps'' for purposes of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (``Dodd-Frank'').\14\
---------------------------------------------------------------------------

    \14\ Section 1a(47)(A)(i) of CEA, 7 U.S.C. 1a(47)(A)(i), as
added by Section 721(a)(21) of Dodd-Frank, defines ``swaps'' broadly
to include options on indices. However, Section 1a(47)(B)(iii) of
the CEA, 7 U.S.C. 1a(47)(B)(iii), excludes from the ``swap''
definition any option on any index of securities that is subject to
the Securities Act and the Exchange Act. A contract that is excluded
from the definition of a ``swap'' under Section 1a(47)(B) of the
CEA, 7 U.S.C. 1a(47)(B) (other than Section 1a(47)(B)(x), 7 U.S.C
1a(47)(B)(x)) is not a ``security-based swap'' for purposes of
Section 3a(68) of the Exchange Act, 15 U.S.C. 78c(a)(68).
---------------------------------------------------------------------------

    Most of OCC's clearing members are members of FINRA and subject to
FINRA's rules, which have different provisions for ``listed'' and ``OTC
options'' and contain various definitions distinguishing between the
two. In some cases, OTC options would fall into neither category under
FINRA's definitions and in other cases, they would fall within what OCC
perceives to be the wrong category. FINRA and OCC are working together
to implement appropriate amendments to FINRA rules to clarify the
proper application of such rules to cleared OTC options.
MarkitSERV Trade Submission Mechanics
    MarkitSERV provides an interface to OCC that allows OCC to receive
messages containing details of transactions in OTC options submitted
for clearing by clearing members with access to MarketWire and also
allows OCC to transmit messages to MarkitWire participants identifying
the status of submitted transactions. MarkitWire applications use
product-specific templates to simplify deal entry and negotiations. The
templates specify the data required for a given product and also the
business validation rules for each field. MarkitSERV has included OCC's
validation requirements for OTC options in its trade templates.
    The trade data for each OTC option transaction must be entered into
MarkitWire. MarkitSERV will use a ``confirmation/affirmation''
procedure in which one party to the trade enters the trade data to the
MarkitWire platform, which issues a confirmation to the counterparty to
be affirmed, rejected or requested to be revised. If the trade details
are confirmed, the trade will then be submitted to OCC for clearance
and MarkitSERV will affirm such submission to both parties. OCC then
validates the trade information for compliance with applicable
requirements, such as the identification of an account of an eligible
clearing member in which each side of the trade will be cleared, that
the variable terms are within permissible ranges, and that minimum size
requirements under OCC's license agreement with S&P are met. This
validation will be completed by OCC immediately upon submission. OCC's
clearing system will automatically accept the trade if it passes the
validation process and will otherwise reject it.\15\ A trade that is
rejected by OCC may be corrected and submitted as a new transaction.
Clearing members and customers with access to MarkitSERV will be able
to determine whether a trade has been accepted or rejected both through
MarkitSERV and, in the case of clearing members, through their
interface with OCC's clearing system.
---------------------------------------------------------------------------

    \15\ Once accepted, a trade is guaranteed by OCC. Note, however,
that OTC options for which the premium payment date communicated by
MarkitSERV to OCC is prior to the business day on which the OTC
option is submitted to OCC for clearing (referred to as a
``Backloaded OTC Option'') will not be accepted and guaranteed until
the selling clearing member has met its initial morning cash
settlement obligations to OCC on the following business day.
---------------------------------------------------------------------------

MarkitSERV's Regulatory Status \16\
---------------------------------------------------------------------------

    \16\ MarkitSERV offers different services in different markets,
and this discussion is addressed only to the ``confirmation/
affirmation'' procedure to be used in submitting trades to OCC.
---------------------------------------------------------------------------

    MarkitSERV is not registered as a clearing agency under the
Exchange Act, and the Commission staff has asked OCC to consider
whether MarkitSERV would be required to so register in order to provide
the proposed services to the OTC options market. OCC believes that no
such registration is necessary based upon relevant interpretive
guidance issued by the Commission.
    Section 3(a)(23)(A) of the Exchange Act \17\ defines a ``clearing
agency'' broadly. The definition includes, in relevant part, ``any
person who * * * provides facilities for comparison of data respecting
the terms of settlement of securities transactions[.]'' In 1998, the
Commission issued a release entitled ``Confirmation and Affirmation of
Securities Trades; Matching'' (the ``Matching Release'').\18\ In the
Matching Release, the Commission published ``its interpretation that a
`matching' service that compares securities trade information from a
broker-dealer and the broker-dealer's customer is a

clearing agency function.'' The Matching Release distinguishes between
such a matching service and a ``confirmation/affirmation service''
where the ``vendor intermediary will only transmit information between
the parties to a trade, and the parties will confirm and affirm the
accuracy of the information.'' The Commission noted that ``matching''
constitutes the ``comparison of data respecting the terms of settlement
of securities transactions'' and that such services therefore trigger
status as a clearing agency, while confirmation/affirmation services
would not, by themselves, constitute such a data comparison. The
Commission concluded in the Matching Release that ``an intermediary
that captures trade information from a buyer and a seller of securities
and performs an independent reconciliation or matching of that
information is providing facilities for the comparison of data within
the scope of Exchange Act Section 3(a)(23).'' The Commission stated
that ``matching'' is ``so closely tied to the clearance and settlement
process that it is different not only in degree but also different in
kind from the * * * confirmation and affirmation process.'' The
Matching Release goes on to state: ``A vendor that provides
confirmation/affirmation services only will exchange messages between a
broker-dealer and its institutional customer. The broker-dealer and its
institutional customer will compare the trade information contained in
those messages, and the institution itself will issue the affirmed
confirmation.'' This is precisely what occurs when a counterparty to a
trade affirms the trade data through MarkitSERV and requests submission
to OCC for clearance. MarkitSERV transmits messages only; it does not
``compare'' or ``match'' trade data submitted by two parties.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78c(a)(23)(A).
    \18\ Securities Exchange Act Release No. 34-39829 (April 13,
1998), 63 FR 17943 (April 13, 1998).
---------------------------------------------------------------------------

    The ``confirmation/affirmation'' functionality (as described above)
to be provided by MarkitSERV (through MarkitWire) with respect to OTC
options is functionally identical to the confirmation/affirmation
service described in the Matching Release and OCC believes such service
would not be a ``matching'' service within the meaning of the release.
OCC believes that MarkitSERV will not be a ``clearing agency'' with
respect to the services to be provided in connection with OTC options.
The confirmation/affirmation service described in the Matching Release
referred ``to the transmission of messages among broker-dealers,
institutional investors, and custodian banks regarding the terms of a
trade executed for the institutional investor.'' MarkitWire's
confirmation/affirmation process will allow for the transmission of
messages among OCC's clearing members (most of which are registered
broker-dealers), their customers (all of whom will be ECPs and will
therefore be large and financially sophisticated market participants)
and OCC, which is itself registered and subject to the Commission's
oversight as a clearing agency.
    By contrast, the ``matching'' services contemplated in the Matching
Release would involve ``the process whereby an intermediary compares
the broker dealer's trade data submission * * * with the institution's
allocation instructions * * * to determine whether the two descriptions
of the trade agree.'' MarkitWire performs no such comparison. Under the
confirmation/affirmation procedure, trade data is entered into
MarkitWire by one party and such data is made available to the
counterparty to be affirmed, rejected or requested to be revised.
MarkitWire merely facilitates the transfer of information between the
parties sufficient to allow the comparison to be made. A binding
transaction (i.e., an ``affirmed confirmation'' in the language of the
Matching Release) is not produced through any action of MarkitSERV, but
is instead created by the completion, by the counterparty, of an
affirmation of the trade data entered by the first party. MarkitWire
provides no ``independent reconciliation or matching'' of trade data.
Rather MarkitWire is providing essentially a messaging service among
OCC and the parties to trades in OTC Options. The Matching Release is
clear as to the distinction between a matching service and a
confirmation/affirmation service, and OCC believes that there is no
ambiguity that the services to be provided by MarkitWire with respect
to OTC options fall into the latter, rather than the former, category.
Risk Management Enhancements for Longer-Tenor Options
    Although OCC's license agreement with S&P allows OCC to clear OTC
options with tenors of up to fifteen years, OCC has elected at this
time to clear only OTC options on the S&P 500 index with tenors of up
to five years. However, OCC currently clears FLEX Options on the S&P
500 with tenors of up to 15 years. While OCC believes that its current
risk management practices are adequate for current clearing activity,
OCC is in the process of implementing risk modeling enhancements with
respect to longer-tenor options, including OTC options. The
enhancements are part of OCC's ongoing efforts to test and improve its
risk management operations with respect to all longer-tenor options
that OCC currently clears. These procedures will be submitted for
review in a separate ``advance notice'' filing and OCC will not
commence clearing of OTC options until such procedures have been
approved and implemented.
    The proposed enhancements are as follows:
     First, OCC will introduce indicative over-the-counter
quotations into the daily dataset of prices used to risk manage OCC-
cleared products. These quotations will be obtained from a service
provider that will collect OTC dealer polling information on a daily
basis and provide such data to OCC.
     Second, OCC will introduce variations in the implied
volatilities used in the modeling of all cleared options whose residual
tenors are at least three years. To date, OCC's margin methodology has
assumed that implied volatilities of option contracts are static over
the two-day risk horizon. While OCC's backtesting has identified few
exceedances related to implied volatility shocks, such shocks could
occur and taking them into account in OCC's margin model will allow
more robust risk management. OCC proposes to achieve this result by
incorporating into the risk factors included in OCC's models time
series of proportional changes in implied volatilities for a range of
representative volatilities.
     Third, OCC will introduce a valuation adjustment into its
calculation of portfolio net asset value. This adjustment will be based
on the aggregate sensitivity of the longer-tenor options in a portfolio
to the overall level of implied volatilities at three and five years,
and to the implied volatility skew.
    A review of individual S&P 500 Index put and call options positions
that are in the money by varying amounts and have expiration dates
between four and nine years out indicates that the inclusion of modeled
implied volatilities tends to result in less margin being held against
short call positions and more being held against short put positions.
These results are consistent with what would be expected given the
strong negative correlation that exists between changes in implied
volatility and market returns. On average, OCC observed a decrease in
the margin requirement of approximately 24% on the nine call options
tested and a 63% increase associated with the nine put options.

Proposed By-Law and Rule Changes
    The specific proposed changes to OCC's By-Laws and Rules to provide
for the clearing of OTC options relate primarily to: (i) Specification
of customizable terms; (ii) procedures for submission and acceptance of
trades for clearance; and (iii) specification of criteria for
eligibility of clearing members to clear transactions in OTC options
and limitation of the types of customers for whom clearing members may
effect transactions in OTC options. Otherwise, the currently proposed
OTC options will be cleared and settled under the same provisions
applicable to clearance of listed index options. Many of the proposed
amendments are self-explanatory, and OCC has therefore attempted to
confine the following discussion to a broad overview with specific
explanation only where the reasons for the change may be less obvious.
    Article I of the By-Laws contains defined terms used throughout the
By-Laws and Rules. OCC proposes to modify certain existing definitions
and include certain new definitions in order to incorporate OTC options
into existing rules and facilitate the creation of new provisions
unique to OTC options. Throughout the By-Laws and Rules, OCC proposes
to replace the term ``Exchange transaction,'' which is currently
defined in Article I, in relevant part, as ``a transaction on or
through the facilities of an Exchange for the purchase, writing or sale
of a cleared contract'' with the term ``confirmed trade'' so as to make
the relevant portions of the By-Laws and Rules applicable to
transactions in OTC options as well as listed options, without causing
confusion about the role of the OTC Trade Source in OCC's clearing of
OTC options. ``Confirmed trade'' is proposed to be defined in Article I
to include transactions ``effected on or through the facilities of an
exchange'' or ``affirmed through the facilities of an OTC Trade
Source'' in order to include transactions in both listed options and
OTC options. The current definition of ``confirmed trade'' in Rule 101
is proposed to be deleted as unnecessary given the new definition. Much
of the length of this rule filing is attributable to the fact that the
term ``Exchange transaction'' is used so many places in the rules. OCC
has entered into agreements in the past which reference the term
``Exchange transaction'' or ``exchange transaction.'' OCC is also
proposing to add an Interpretation and Policy to the new definition of
``confirmed trade'' in order to avoid any ambiguity concerning how such
terms should be interpreted in any such agreement.
    OCC proposes to add a new Interpretation and Policy .11 to Section
1 of Article V of the By-Laws, providing the additional criteria that
must be met by a clearing member in order to clear OTC index options.
Among these new criteria are that clearing members seeking to clear OTC
index options on underlying indices published by Standard & Poor's
Financial Services LLC (``S&P'') must execute and maintain in effect a
short-form license agreement in such form as specified from time to
time by S&P. The current form of S&P short-form index license agreement
is attached hereto as Exhibit 3.
    The Interpretations and Policies under Section 1, Article VI allow
clearing members to adjust their positions with OCC for certain
enumerated reasons. OCC proposes to amend the Interpretations and
Policies to clarify that adjustment of positions in OTC options will be
effected through a manual process (as opposed to the electronic process
available to post-trade adjustments in listed options), to the extent
permitted by OCC. For the same reason, OCC is proposing to amend Rule
403 to prohibit clearing member trade assignment (``CMTA'')
transactions in OTC options. Trade ``give-ups'' that are effected
through the CMTA process in the case of listed options will, in the
case of OTC options, be effected through MarkitSERV before the trades
are submitted to OCC for clearing.
    Article XVII of the By-Laws governs index options in general and
OCC is proposing amendments to Article XVII in order to set forth the
terms applicable to the initial OTC options proposed to be cleared by
OCC--options on the S&P 500 Index--and to differentiate OTC index
options from other index options cleared by OCC. For example, certain
amendments to the definitions are necessary because OTC options will be
permitted to have a much wider range of expiration dates than exchange-
traded options (other than FLEX Options). Additional definitional
amendments ensure that OTC index options will constitute a separate
class of options from other cash-settled index options even if both
index options have the same terms and cover the same underlying
interest.
    Section 3 of Article XVII provides for adjustment of the terms of
outstanding index options as necessary to reflect possible changes in
the underlying index--such as those creating a discontinuity in the
level of the index--that could theoretically make an adjustment
necessary to protect the legitimate expectations of holders and writers
of options on the index. Pursuant to paragraph (g) of Section 3, most
but not all such adjustments would be made, in the case of listed index
options, by an adjustment panel consisting of representatives of the
exchanges on which the options are traded. In the case of OTC options,
any such adjustments will be made by OCC in its sole discretion.
However, in exercising that discretion, OCC may take into consideration
adjustment made by the adjustment panel with respect to exchange-traded
options covering the same underlying index.\19\
---------------------------------------------------------------------------

    \19\ Because index options, unlike options on individual stocks,
rarely, if ever, require adjustments, allocation of the adjustment
authority may have little practical significance.
---------------------------------------------------------------------------

    OCC proposes to add a new Section 6 to Article XVII to set forth
certain provisions unique to OTC index options, including the variable
terms allowed for OTC index options and the general limitations on such
variable terms. In general, all OTC index options must conform to the
terms and limitations set forth in Section 6, and additional specific
requirements applicable to specific OTC index options will either be
set forth in the Interpretations and Policies under Section 6 or
published separately on OCC's Web site. Section 6 also makes clear that
although OTC index options are not fungible with exchange-traded index
options, OTC index options of the same series (i.e., options having
identical terms) will be fungible with each other. In addition to the
terms and limitations applicable to OTC index options, Section 6 will
establish that clearing members will be deemed to have made a number of
representations and warranties in connection with their activities in
OTC options each time they affirm a confirmed trade entered into an OTC
Trade Source.
    OCC has submitted a rulemaking petition to the Commission \20\
seeking an amendment to Commission Rule 238 \21\ that would exempt the
OTC Options from most provisions of the Securities Act. Unless another
exemption from the registration requirements of the Securities Act is
available, OCC intends to rely upon Rule 506 of Regulation D \22\ under
the Securities Act, which is a safe harbor under the Securities Act
exemption in Section 4(a)(2) \23\ for offerings by an issuer not
involving a public offering. OCC intends to satisfy

the conditions of Rule 506 of Regulation D as in effect at the time OCC
relies upon the safe harbor. Participants in the existing markets for
OTC equity options offered and sold in the United States commonly rely
on the private offering exemption under these provisions and such
reliance is therefore consistent with existing practice. OTC Options
will be available for purchase only by highly sophisticated investors
that are both ``eligible contract participants,'' as defined in Section
3a(65) of the Exchange Act,\24\ and ``accredited investors,'' as
defined in Rule 501(a) under Regulation D.\25\ Section 6(f) of Article
XVII includes representations of clearing members necessary to ensure
that there is no general solicitation or general advertising in
connection with the offer or sale of the OTC Options until such time as
OCC notifies clearing members that such restriction no longer applies.
---------------------------------------------------------------------------

    \20\ See SEC File No. 4-644 (Submitted January 13, 2012),
available at http://www.sec.gov/rules/petitions/2012/petn4-644.pdf.
    \21\ 17 CFR 230.238.
    \22\ 17 CFR 230.506.
    \23\ 15 U.S.C. 77d(a)(2).
    \24\ 15 U.S.C. 77c(a)(65).
    \25\ 17 CFR 230.501.
---------------------------------------------------------------------------

    Chapter IV of the Rules sets forth the requirements for reporting
of confirmed trades to OCC, and Rule 401 thereunder governs reporting
of transactions in listed options by participant Exchanges. OCC is
proposing to add new Rule 404 to govern the details of reporting of
confirmed trades in OTC options by an OTC Trade Source.
    As discussed above, positions in OTC options will generally be
margined in the same manner as positions in listed options using STANS
and pursuant to Chapter VI of the Rules. However, OCC proposes to amend
Rule 611 to establish different procedures for the segregation of long
positions in OTC options for margining purposes. Long positions in
listed options are held in a clearing member's customers' account or
firm non-lien account and by default are deemed to be ``segregated,''
meaning that they are not subject to OCC's lien and are given no
collateral value when determining the margin requirement in the
account. Such positions may be unsegregated only when a clearing member
instructs OCC to unsegregate a long position and represents to OCC that
the long position is part of a spread transaction carried for a single
customer whose margin requirement on the corresponding short position
has been reduced in recognition of the spread. OCC will then
unsegregate the long position and so reduce OCC's margin requirement.
However, in case of long positions in OTC options that are carried in a
clearing member's customers' account and for which OCC has received a
customer ID, OCC proposes that it will automatically unsegregate such
long positions if OCC identifies a qualifying short position in OTC
options carried under the same customer ID. Clearing members will not
be required to give an affirmative instruction to OCC to unsegregate a
long position in OTC options or make a separate representation
regarding the spread transaction. Instead, by carrying a qualifying
spread position in a customer account, clearing members are deemed to
have represented to OCC that the customer's margin has been reduced in
recognition of the spread. Based on discussion with the clearing
members, it is OCC's understanding that, in practice, broker-dealers
reduce customers' margin requirements to reflect spread positions.
Therefore, OCC believes that automatic recognition of such spreads by
OCC together with the deemed representation will greatly increase
operational efficiency while providing equal assurance that long
positions in OTC options will be unsegregated only if an identified
customer will receive the benefit of the reduced margin required for
spread transactions.
    Rule 1001 sets forth the amount of the contribution that each
clearing member is required to make to the clearing fund. OCC proposes
to amend Rule 1001(c) so that, for purposes of calculating the daily
average number of cleared contracts held by a clearing member in open
positions with OCC during a calendar month (which number is used in
turn to determine the clearing member's contribution to the clearing
fund), open positions in OTC options will be adjusted as needed to
account for any differences between the multiplier or unit of trading
with respect to OTC options relative to non-OTC options covering the
same underlying index or interest so that OTC options and non-OTC
options are given comparable weight in the computation.\26\
---------------------------------------------------------------------------

    \26\ For example, the index multiplier applicable to OTC index
options on the S&P 500 Index will be fixed at 1. In comparison, the
index multiplier applicable to listed index options is 100.
---------------------------------------------------------------------------

    In general, the rules in Chapter XI governing the suspension of a
clearing member will apply equally to clearing members that transact in
OTC options. Rule 1104 provides broad authority for OCC to liquidate a
suspended clearing member's margin and clearing fund deposits ``in the
most orderly manner practicable.'' Rule 1106 provides similarly worded
authority to close out open positions in options and certain other
cleared contacts carried by a suspended clearing member. In 2011, the
Commission approved an OCC rule change providing OCC the express
authority to use a private auction as one of the means by which OCC may
close out open positions and liquidate margin and clearing fund
deposits of a suspended clearing member.\27\ OCC anticipates it will
use this auction process for OTC options as well. As an additional tool
to ensure its ability to close out positions in OTC options promptly,
OCC is proposing to amend Rule 1106 to provide for an alternative
auction procedure specifically applicable only to OTC index options and
related positions hedging, or hedged by, OTC index options (an ``OTC
Options Auction''). An OTC Options Auction would be used only in
unusual circumstances where OCC determines it is not feasible to close
out open positions in OTC index options through the other means
provided for in OCC's Rules and By-Laws.\28\ The amendments to Rule
1106 summarize the OTC Options Auction procedures and incorporate by
reference the detailed procedures contained in a document entitled
``OTC Options Auction Procedures,'' which will be posted on the
Corporation's Web site and otherwise made available to clearing members
upon request of OCC. A copy of the OTC Options Auction Procedures was
attached to the filing as Exhibit 5.
---------------------------------------------------------------------------

    \27\ See Securities Exchange Act Release No. 34-65654 (October
28, 2011), 76 FR 68238 (November 3, 2011) (SR-OCC-2011-08). OCC
subsequently filed a rule change, currently pending Commission
approval, providing detailed procedures for the conduct of such an
auction. See Securities Exchange Act Release No. 34-67443 (July 16,
2012), 77 FR 42784 (July 20, 2012) (SR-OCC-2012-11).
    \28\ OCC anticipates that these procedures would be applicable
to other OTC derivatives that may be cleared by OCC in the future.
However, OCC has limited the currently proposed rule to OTC index
options, and will amend it as and if appropriate to apply to other
over-the-counter products that OCC may propose to clear in the
future.
---------------------------------------------------------------------------

    Rule 1106(e)(2)(C) clarifies that, in the event that the
liquidation of a clearing member results in a deficiency that would
otherwise result in a proportionate charge against the clearing fund
contributions of other clearing members, each OTC Index Option Member
(as defined below) that failed to purchase or assume its share of an
auction portfolio will be the first to absorb the deficiency, through a
``Priority Charge'' against such clearing members' clearing fund
contributions. The Priority Charge is a ``first loss'' mechanism, and
is not intended to increase a clearing member's total maximum exposure
to OCC.
    Under the OTC Options Auction procedures, all clearing members
authorized to clear transactions in OTC index options (``OTC Index
Option Members''), other than the defaulting

clearing member, will be required to participate in the OTC Options
Auction by submitting competitive bids for all or a portion of the
defaulting clearing member's OTC index option portfolio. Each such
participant will be subject to a minimum participation level based on
the participant's proportionate share of the total ``risk margin''
requirement posted by all OTC Index Options Members in the previous
month for all positions (not limited to OTC option positions) held in
accounts eligible to hold OTC options positions (``OTC Eligible
Accounts''), after removing the defaulting clearing member.\29\ This
method of calculating the minimum participation level in the OTC
Options Auction results in all OTC Index Option Members being required
to participate in the OTC Options Auction based on their clearing
activity related to all positions in OTC Eligible Accounts. Required
participation ensures that the OTC Options Auction will have sufficient
participants authorized to clear transactions in OTC index options and
that the most active clearing members in OTC index options will submit
bids for the largest percentage of the auction portfolio, increasing
the likelihood of the acquisition of OTC options positions by clearing
members with appropriate financial strength, risk management
capabilities and trading expertise. Each participant may submit bids at
varying quantities and varying prices, so long as the participant's
bids equal or exceed its minimum participation level. A participant may
use bids from non-OTC Index Options Members and non-clearing members in
order to meet its minimum participation level, subject to certain
Corporation requirements including that it guarantee the performance of
such third parties. Each bid will indicate what percentage of the
auction portfolio the participant is bidding on and the amount of the
bid. Bids will be stated in terms of a price for the entire auction
portfolio, and may be either positive or negative. (Negative bids imply
an auction portfolio that has a negative net asset value and indicate
how much the Corporation would be required to pay the participant to
assume the relevant percentage of the auction portfolio.) The
Corporation will rank the submitted bids from best to worst and the
auction portfolio will be allocated among the bidding participants
accordingly until the auction portfolio is exhausted. The bid price
that is sufficient to clear the entire auction portfolio will become
the single price to be used for all winning bids, even if a
participant's stated bid was better.
---------------------------------------------------------------------------

    \29\ This minimum participation level will be multiplied by 1.15
to calculate each participant's minimum bid size, such that the sum
of all participants' bids will equal 115% of the auction portfolio,
in order to increase the likelihood that the entire auction
portfolio will be allocated to participants.
---------------------------------------------------------------------------

    In order to provide a strong incentive to ensure competitive
bidding by the OTC Index Option Members required to participate in an
OTC Options Auction, OTC Index Options Members who fail to win their
minimum participation in the auction will be subject to a potential
priority charge against its clearing fund contribution. If the cost of
liquidating a suspended clearing member's positions exhausts the
clearing member's margin and clearing fund contribution and any other
assets of the suspended clearing member available to OCC, then OCC,
pursuant to Section 5 of Article VIII of the By-Laws, would ordinarily
withdraw the amount of the deficiency from the clearing fund and charge
it on a proportionate basis against all other clearing members'
computed contributions as fixed at the time. When an OTC Options
Auction has been held in respect of a suspended OTC Index Options
Member, however, some or all of any such remaining loss would be
assessed first against the clearing fund contributions of any OTC
Options Auction participant(s) whose bids are insufficiently
competitive to be allocated a portion of the auction portfolio equal to
such participant's minimum required participation. This priority charge
would be made regardless of the reason for the shortfall--i.e., whether
or not the loss resulted from the closing out of OTC options positions.
The priority charge would be calculated based on an ``assessment
ratio,'' which is formulated to provide incentive to all OTC Options
Auction participants to participate to their full minimum participation
level in the auction. The method of calculating the assessment ratio is
such that if the net asset value of the auction portfolio is zero the
assessment ratio will also be zero and no priority charge will be made.
As the absolute net asset value of the auction portfolio (whether
positive or negative) increases, the assessment ratio also increases,
all other factors being equal. If all OTC Options Auction participants
submit bids such that each receives an allocation of OTC options
positions equal to its minimum participation level, no priority charge
will be made regardless of whether or not there is a liquidation
shortfall. If a liquidation shortfall remains after any priority
charges, or if no priority charges were required, the Corporation will
then make a proportionate charge against the clearing fund
contributions of all clearing members, including those that
participated in the OTC Options Auction, in the usual manner pursuant
to Section 5 of Article VIII of OCC's By-Laws.
    In order to protect the estate of the suspended clearing member,
OCC reserves some discretion in supervising the auction. In the event
that the bid price that clears the entire auction portfolio is
determined by OCC to be an outlier bid, OCC may choose as the winning
bid a price that clears at least 80% of the auction portfolio. The
remaining auction portfolio will then be re-auctioned as described
above.
    OCC anticipates that the likelihood of having to use this
alternative auction is small. Nevertheless, in view of the fact that
positions in OTC index options are expected to be large and that there
may be no active trading market in options with terms precisely
identical to the terms of the OTC index options in question, OCC
believes that this is an appropriate failsafe provision. It should be
noted that the Chicago Mercantile Exchange Inc. (``CME'') has rules
allowing its clearing house and certain CME committees to administer an
auction process to liquidate positions in interest rate swaps (``IRS'')
in the event of a default of a CME clearing member authorized to submit
IRS for clearing (an ``IRS Member'').\30\ Although the financial
safeguards supporting IRS clearing, including its ``guaranty fund,''
and the IRS auction process are different from OCC's clearing fund and
OTC Options Auction in that, among other things, there is a separate
guaranty fund for IRS, the IRS auction shares certain similarities with
the OTC Options Auction. In particular, the IRS auction process
requires mandatory participation of IRS clearing members with open
interest in a position being auctioned and, in order to provide
incentive for IRS Members to submit quality bids in an IRS auction,
provides that in the event there is a loss to CME's clearing house
associated with an IRS Member's default, IRS Members that do not submit
quality bids in an IRS auction are subject to having their IRS guaranty
fund deposit assessed before assessments are made against other IRS
clearing members' guaranty fund deposits. In its original rule filing,
OCC had proposed a different failsafe solution whereby OCC could
terminate

open positions of a suspended clearing member by setting a close-out
value that non-defaulting clearing members holding the opposite side of
the suspended clearing member's positions would be required to accept
or pay in settlement of the terminated positions. However, clearing
members objected to that proposed method and have advocated the auction
procedures proposed here in lieu of the early termination proposal.\31\
Clearing members in an OTC advisory group were active in designing the
OTC Options Auction procedures, including the priority charges.
---------------------------------------------------------------------------

    \30\ See CME Rules 8G14, 8G25 and 8G802.B. See also Commodity
Futures Trading Commission Rule Change Submission No. 12-061RR of
CME, the Board of Trade of the City of Chicago Inc. and the New York
Mercantile Exchange, available at: http://www.cmegroup.com/market-regulation/files/12-061rr.pdf.
    \31\ See comment letter from Alessandro Cocco, Managing Director
of J.P. Morgan Clearing Corporation and J.P. Morgan Securities LLC,
to Ms. Elizabeth M. Murphy, Secretary, Securities and Exchange
Commission (January 30, 2012), available at http://www.sec.gov/comments/sr-occ-2011-19/occ201119-2.pdf.
---------------------------------------------------------------------------

Impact of Clearing OTC Options on Other OCC-Cleared Products
    Cleared OTC options will not be fungible with listed options.
However, an OTC option may have economic characteristics that are
substantially similar or identical to the characteristics of options in
series of listed options that OCC clears. While it is possible that in
any given instance a market participant may elect to enter into an OTC
option in lieu of an economically similar listed product, OCC does not
believe that its clearing of OTC options will adversely affect the
efficiency or liquidity of the listed markets. The OTC options markets
currently exist to accommodate a variety of commercial and other needs
of market participants, including the ability to customize the terms of
transactions. While the availability of an OCC guarantee for OTC
transactions in which the parties would otherwise be exposed to each
others' creditworthiness may cause transactions that currently occur in
the non-cleared OTC markets to migrate to the cleared-OTC markets, OCC
does not believe it will cause significant migration from the listed
markets to the cleared OTC markets. The limitation of the OTC options
markets to ECPs as well as the significant minimum transaction size and
tenor requirements that are applicable to certain transactions in the
currently proposed OTC options under the S&P License Agreement will
limit the use of cleared OTC options and should help to ensure that
there is no substantial migration from the listed markets to the OTC
markets for this product. The existing bilateral OTC options markets
have existed for years alongside the listed options markets, and OCC
believes that dealers in such bilateral options often use the listed
markets to hedge positions taken in such bilateral options and other
OTC derivatives.
Notice of Launch Date
    Following approval of this rule change by the Commission, OCC
expects to provide notice to its clearing members of the date on which
it intends to implement this rule change and begin clearing OTC
options.
* * * * *
    The proposed changes to OCC's By-Laws are consistent with the
purposes and requirements of Section 17A of the Exchange Act \32\
because they are designed to permit OCC to clear OTC options subject to
the same basic rules, procedures and risk management practices that
have been used successfully by OCC in clearing transactions in listed
options. OCC believes that clearance and settlement of OTC options
pursuant to this rule filing is fully consistent with OCC's obligations
with respect to the prompt and accurate clearance and settlement of
securities transactions and the protection of securities investors and
the public interest. The proposed rule change is not inconsistent with
any existing rule of OCC.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    The proposals contained in the advance notice shall not take effect
until all regulatory actions required with respect to the proposals are
completed.

(B) Clearing Agency's Statement on Burden on Competition

    OCC does not believe that the proposed changes contained in the
advance notice will have any impact or impose any burden on
competition.

(C) Clearing Agency's Statement on Comments on the Advance Notice
Received From Members, Participants, or Others

    Written comments were not and are not intended to be solicited with
respect to the advance notice, and, except as discussed below, none
have been received. OCC has been actively engaged with a number of
clearing members that have expressed an interest in clearing OTC
Options. The following are the only substantive written comments that
were received, and they have been addressed, in the manner indicated:
     OCC received a written comment that the role of the
Default Management Advisory Committee, as described in the OTC Options
Auction procedures that were attached as Exhibit 5 to this rule filing,
should be clarified. OCC has revised the procedures to clarify that the
Default Management Advisory Committee will be a standing committee and
will be formed from the inception of OCC's clearing of OTC Options. It
will not be an ad hoc committee formed at the time of a default.
     OCC received a written comment asking that the Membership/
Risk Committee have a role in setting exercise settlement values with
respect to OTC index options in unusual circumstances pursuant to
Section 4(a)(2) of Article XVII of the By-Laws. OCC has revised the
rules to provide that OCC will consult with that committee when
appropriate in setting exercise settlement values pursuant to Section
4(a)(2).
     OCC received a written comment asking for limitations on
the indemnification of OCC by clearing members under Section 6(f) of
Article XVII of the By-Laws. In response to this comment OCC has added
an exclusion from the indemnity for claims, liabilities, or expenses
that result primarily from OCC's gross negligence or willful misconduct
or from OCC conduct that causes the offer or sale of the OTC Options to
become subject to the registration provisions of Section 5 of the
Securities Act.\33\
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 77e.
---------------------------------------------------------------------------

III. Date of Effectiveness of the Advance Notice and Timing for
Commission Action

    The proposed changes contained in the advance notice may be
implemented pursuant to Section 806(e)(1)(G) of Clearing Supervision
Act \34\ if the Commission does not object to the proposed changes
within 60 days of the later of (i) the date that the advance notice was
filed with the Commission or (ii) the date that any additional
information requested by the Commission is received. The clearing
agency shall not implement the proposed changes contained in the
advance notice if the Commission objects to the proposed changes.
---------------------------------------------------------------------------

    \34\ 12 U.S.C. 5465.
---------------------------------------------------------------------------

    The Commission may extend the period for review by an additional 60
days if the proposed changes raise novel or complex issues, subject to
the Commission providing the clearing agency with prompt written notice
of the extension. Proposed changes may be implemented in fewer than 60
days from the date the advance notice is filed, or the date further
information requested by the Commission is received, if the Commission
notifies the clearing agency in writing that it does not object to the
proposed changes and

authorizes the clearing agency to implement the proposed changes on an
earlier date, subject to any conditions imposed by the Commission.
    OCC has also filed the advance notice as a proposed rule change
pursuant to Section 19(b)(1) of the Act \35\ and Rule 19b-4
thereunder.\36\ Pursuant to those provisions, within 45 days of the
date of publication of this notice in the Federal Register or within
such longer period up to 90 days (i) as the Commission may designate if
it finds such longer period to be appropriate and publishes its reasons
for so finding or (ii) as to which the self-regulatory organization
consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.
---------------------------------------------------------------------------

    \35\ 15 U.S.C. 78s(b)(1).
    \36\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The clearing agency shall post notice on its Web site of proposed
changes that are implemented.

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 SR-OCC-2012-14 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-OCC-2012-14. 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 advance notice that are filed
with the Commission, and all written communications relating to the
advance notice between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE. Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filings also will be available for inspection and
copying at the principal office of OCC and on OCC's Web site at http://www.optionsclearing.com/components/docs/legal/rules_and_bylaws/sr_occ_12_14.pdf. 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-OCC-
2012-14 and should be submitted on or before October 18, 2012.

    By the Commission.
Kevin O'Neill,
Deputy Secretary.
[FR Doc. 2012-23816 Filed 9-26-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Proposed Rules]
[Page 41677]
[FR Doc No: 2019-17407]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R08-UST-2019-0827; FRL-9997-45-Region 8]

Montana: Final Approval of State Underground Storage Tank Program
Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA
or Act), the Environmental Protection Agency (EPA) is proposing to
approve revisions to the State of Montana's Underground Storage Tank
(UST) program submitted by the State. The EPA has determined that these
revisions satisfy all requirements needed for program approval. This
action also proposes to codify the EPA's approval of Montana's State
program and incorporates by reference those provisions of the State's
statutes and regulations that we have determined meet the requirements
for approval. The EPA continues to retain its inspection and
enforcement authorities under sections 9005 and 9006 of RCRA Subtitle I
and other applicable statutory and regulatory provisions in the State
of Montana.

DATES: Send written comments by September 16, 2019.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the online instructions for submitting comments.
    2. Email: [email protected].
    3. Mail: Theresa Martella, Region 8, Environmental Scientist, RCRA
Branch, (8LCR-RC), Land, Chemicals and Redevelopment Division, 1595
Wynkoop Street, Denver, Colorado 80202-1129.
    4. Hand Delivery or Courier: Deliver your comments to Theresa
Martella, Region 8, Environmental Scientist, RCRA Branch, (8LCR-RC),
Land, Chemicals and Redevelopment Division, 1595 Wynkoop Street,
Denver, Colorado 80202-1129.
    Instructions: Direct your comments to Docket ID No. EPA-R08-UST-
2018-0827. The EPA's policy is that all comments received will be
included in the public docket without change and may be available
online at https://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 https://www.regulations.gov or email. The federal https://www.regulations.gov
website is an ``anonymous access'' system, which means the 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 the EPA
without going through https://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, the 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 the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the 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.
    You can view and copy the documents that form the basis for this
action and associated publicly available materials from 8:30 a.m. to 4
p.m., Monday through Friday, at the following location: EPA Region 8,
1595 Wynkoop Street, Denver, Colorado 80202-1129, phone number (303)
312-6329. Interested persons wanting to examine these documents should
make an appointment with the office at least two days in advance.

FOR FURTHER INFORMATION CONTACT: Theresa Martella, Region 8,
Environmental Scientist, RCRA Branch, (8LCR-RC), Land, Chemicals and
Redevelopment Division, 1595 Wynkoop Street, Denver, Colorado 80202-
1129, phone number<PHONE_NUMBER>, email address:
[email protected].

SUPPLEMENTARY INFORMATION: For additional information, see the direct
final rule published in the ``Rules and Regulations'' section of this
issue of the Federal Register.

    Authority: This rule is issued under the authority of sections
2002(a), 9004, and 7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure,
Hazardous substances, Incorporation by reference, State program
approval, and Underground storage tanks.

    Dated: August 7, 2019.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2019-17407 Filed 8-14-19; 8:45 am]
BILLING CODE 6560-50-P