[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Rules and Regulations]
[Pages 66848-66851]
[FR Doc No: 2013-26475]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-TRI-2012-0111; FRL-9902-12-OEI]
RIN 2025-AA35

Addition of ortho-Nitrotoluene; Community Right-to-Know Toxic
Chemical Release Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is adding ortho-nitrotoluene (o-nitrotoluene) to the list
of toxic chemicals subject to reporting under section 313 of the
Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 and
section 6607 of the Pollution Prevention Act (PPA) of 1990. o-
Nitrotoluene has been classified by the National Toxicology Program in
its 12th Report on Carcinogens as ``reasonably anticipated to be a
human carcinogen.'' EPA has determined that o-nitrotoluene meets the
EPCRA section 313(d)(2)(B) criteria because it can reasonably be
anticipated to cause cancer in humans.

DATES: This final rule is effective November 29, 2013, and shall apply
for the reporting year beginning January 1, 2014 (reports due July 1,
2015).

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-TRI-2012-0111. All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the OEI Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. This
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OEI
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Daniel R. Bushman, Environmental
Analysis Division, Office of Information Analysis and Access (2842T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
566-0677; email<EMAIL_ADDRESS>for specific information on
this notice. For general information on EPCRA section 313, contact the
Emergency Planning and Community Right-to-Know Hotline, toll free at
(800) 424-9346 (select menu option 3) or<PHONE_NUMBER> in Virginia and
Alaska or toll free, TDD<PHONE_NUMBER>, http://www.epa.gov/superfund/contacts/infocenter.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this notice apply to me?

    You may be potentially affected by this action if you manufacture,
process, or otherwise use o-nitrotoluene. Potentially affected
categories and entities may include, but are not limited to:

----------------------------------------------------------------------------------------------------------------
                      Category                                 Examples of potentially affected entities
----------------------------------------------------------------------------------------------------------------
Industry............................................  Facilities included in the following NAICS manufacturing
                                                       codes (corresponding to SIC codes 20 through 39): 311*,
                                                       312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*,
                                                       326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*,
                                                       111998*, 211112*, 212324*, 212325*, 212393*, 212399*,
                                                       488390*, 511110, 511120, 511130, 511140*, 511191, 511199,
                                                       512220, 512230*, 519130*, 541712*, or 811490*.
                                                      *Exceptions and/or limitations exist for these NAICS
                                                       codes.
                                                      Facilities included in the following NAICS codes
                                                       (corresponding to SIC codes other than SIC codes 20
                                                       through 39): 212111, 212112, 212113 (correspond to SIC
                                                       12, Coal Mining (except 1241)); or 212221, 212222,
                                                       212231, 212234, 212299 (correspond to SIC 10, Metal
                                                       Mining (except 1011, 1081, and 1094)); or 221111, 221112,
                                                       221113, 221119, 221121, 221122, 221330 (Limited to
                                                       facilities that combust coal and/or oil for the purpose
                                                       of generating power for distribution in commerce)
                                                       (correspond to SIC 4911, 4931, and 4939, Electric
                                                       Utilities); or 424690, 425110, 425120 (Limited to
                                                       facilities previously classified in SIC 5169, Chemicals
                                                       and Allied Products, Not Elsewhere Classified); or 424710
                                                       (corresponds to SIC 5171, Petroleum Bulk Terminals and
                                                       Plants); or 562112 (Limited to facilities primarily
                                                       engaged in solvent recovery services on a contract or fee
                                                       basis (previously classified under SIC 7389, Business
                                                       Services, NEC)); or 562211, 562212, 562213, 562219,
                                                       562920 (Limited to facilities regulated under the
                                                       Resource Conservation and Recovery Act, subtitle C, 42
                                                       U.S.C. 6921 et seq.) (correspond to SIC 4953, Refuse
                                                       Systems).
Federal Government..................................  Federal facilities.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. Some of the entities listed in the table have exemptions and/or
limitations regarding coverage, and other types of entities not listed
in the table could also be affected. To determine whether your facility
would be affected by this action, you should carefully examine the
applicability criteria in part 372 subpart B of Title 40 of the Code of
Federal Regulations. If you have questions regarding the applicability
of this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.

II. Introduction

A. What is the statutory authority for this final rule?

    This rule is issued under EPCRA section 313(d) and section 328, 42
U.S.C. 11023 et seq. EPCRA is also referred to as Title III of the
Superfund Amendments and Reauthorization Act of 1986.

B. What is the background for this action?

    Section 313 of EPCRA, 42 U.S.C. 11023, requires certain facilities
that manufacture, process, or otherwise use listed toxic chemicals in
amounts above reporting threshold levels to report their environmental
releases and other waste management quantities of such chemicals
annually. These facilities must also report pollution prevention and
recycling data for such chemicals, pursuant to section 6607 of the PPA,
42 U.S.C. 13106. Congress established an initial list of toxic
chemicals that

comprised more than 300 chemicals and 20 chemical categories.
    EPCRA section 313(d) authorizes EPA to add or delete chemicals from
the list and sets criteria for these actions. EPCRA section 313(d)(2)
states that EPA may add a chemical to the list if any of the listing
criteria in Section 313(d)(2) are met. Therefore, to add a chemical,
EPA must demonstrate that at least one criterion is met, but need not
determine whether any other criterion is met. Conversely, to remove a
chemical from the list, EPCRA section 313(d)(3) dictates that EPA must
demonstrate that none of the listing criteria in Section 313(d)(2)(A)-
(C) are met. The EPCRA section 313(d)(2)(A)-(C) criteria are:

 The chemical is known to cause or can reasonably be
anticipated to cause significant adverse acute human health effects at
concentration levels that are reasonably likely to exist beyond
facility site boundaries as a result of continuous, or frequently
recurring, releases.
 The chemical is known to cause or can reasonably be
anticipated to cause in humans:
    [cir] cancer or teratogenic effects, or
    [cir] serious or irreversible-
    [ssquf] reproductive dysfunctions,
    [ssquf] neurological disorders,
    [ssquf] heritable genetic mutations, or
    [ssquf] other chronic health effects.

 The chemical is known to cause or can be reasonably
anticipated to cause, because of:
    [cir] its toxicity,
    [cir] its toxicity and persistence in the environment, or
    [cir] its toxicity and tendency to bioaccumulate in the
environment, a significant adverse effect on the environment of
sufficient seriousness, in the judgment of the Administrator, to
warrant reporting under this section.

    EPA often refers to the section 313(d)(2)(A) criterion as the
``acute human health effects criterion;'' the section 313(d)(2)(B)
criterion as the ``chronic human health effects criterion;'' and the
section 313(d)(2)(C) criterion as the ``environmental effects
criterion.''
    EPA published in the Federal Register of November 30, 1994 (59 FR
61432), a statement clarifying its interpretation of the section
313(d)(2) and (d)(3) criteria for modifying the section 313 list of
toxic chemicals.

III. Summary of Proposed Rule

A. What chemical did EPA propose to add to the EPCRA section 313 list
of toxic chemicals?

    As discussed in the proposed rule (78 FR 15913, March 13, 2013) EPA
proposed to add o-nitrotoluene to the EPCRA section 313 list of toxic
chemicals. o-Nitrotoluene had been classified as ``Reasonably
Anticipated To Be Human Carcinogen'' by the National Toxicology Program
(NTP) in its 12th Report on Carcinogens (RoC) document. In addition,
based on a review of the available production and use information, EPA
determined that o-nitrotoluene is expected to be manufactured,
processed, or otherwise used in quantities that would exceed the EPCRA
section 313 reporting thresholds. The NTP is an interagency program
within the Department of Health and Human Services (DHHS) headquartered
at the National Institute of Environmental Health Sciences (NIEHS) of
the National Institutes of Health (NIH). As part of the NTP's cancer
evaluation work, it periodically publishes the RoC document which
contains cancer classifications from the NTP's most recent chemical
evaluations as well as the classifications from previous versions of
the RoC. There is an extensive review process for the RoC which
includes evaluations by scientists from the NTP, other Federal health
research and regulatory agencies (including EPA), and nongovernmental
institutions. The RoC review process also includes external peer review
and several opportunities for public comment.

B. What was EPA's rationale for proposing to list o-nitrotoluene?

    As EPA stated in the proposed rule (78 FR 15913, March 13, 2013),
the NTP RoC document undergoes significant scientific review and public
comment and mirrors the review EPA has historically done to assess
chemicals for listing under EPCRA section 313 on the basis of
carcinogenicity. The conclusions regarding the potential for chemicals
in the NTP RoC to cause cancer in humans are based on established sound
scientific principles. EPA believes that the NTP RoC is an excellent
and reliable source of information on the potential for chemicals
covered therein to cause cancer in humans. Based on EPA's review of the
data contained in the 12th NTP RoC (Reference (Ref. 1)) for o-
nitrotoluene, the Agency agreed that o-nitrotoluene can reasonably be
anticipated to cause cancer. Therefore, EPA determined that the
evidence was sufficient for listing o-nitrotoluene on the EPCRA section
313 toxic chemical list pursuant to EPCRA section 313(d)(2)(B) based on
the available carcinogenicity data for o-nitrotoluene as presented in
the 12th RoC (Ref. 2).

IV. What comments did EPA receive on the proposed rule?

    EPA did not receive any comments on the proposed rule to add o-
nitrotoluene to the EPCRA section 313 list of toxic chemicals.

V. Summary of Final Rule

    EPA is finalizing the addition of o-nitrotoluene to the EPCRA
section 313 list of toxic chemicals. EPA has determined that o-
nitrotoluene meets the listing criteria under EPCRA section
313(d)(2)(B) based on the available carcinogenicity data.

VI. References

    EPA has established an official public docket for this action under
Docket ID No. EPA-HQ-TRI-2012-0111. The public docket includes
information considered by EPA in developing this action, including the
documents listed below, which are electronically or physically located
in the docket. In addition, interested parties should consult documents
that are referenced in the documents that EPA has placed in the docket,
regardless of whether these referenced documents are electronically or
physically located in the docket. For assistance in locating documents
that are referenced in documents that EPA has placed in the docket, but
that are not electronically or physically located in the docket, please
consult the person listed in the above FOR FURTHER INFORMATION CONTACT
section.

1. USEPA, OEI. Memorandum from Martin Gehlhaus, Toxicologist,
Analytical Support Branch to Larry Reisman, Chief, Analytical
Support Branch. June 30, 2011. Subject: Review of National
Toxicology Program (NTP) Cancer Classification Data for o-
nitrotoluene.
2. NTP, 2011. National Toxicology Program. Report on Carcinogens,
Twelfth Edition. Released June 10, 2011. U.S. Department of Health
and Human Services, Public Health Service, National Toxicology
Program, Research Triangle Park, NC 27709.
3. USEPA, OEI. Economic Analysis of the Proposed Rule to add ortho-
Nitrotoluene to the EPCRA Section 313 List of Toxic Chemicals.
February 9, 2012.

VIII. What are the Statutory and Executive Order reviews associated
with this action?

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This final rule does not contain any new information collection
requirements that require additional approval by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et. seq. Currently, the facilities subject to the reporting
requirements under EPCRA 313 and PPA 6607 may use either the EPA Toxic
Chemicals Release Inventory Form R (EPA Form 1B9350-1), or the EPA
Toxic Chemicals Release Inventory Form A (EPA Form 1B9350-2). The Form
R must be completed if a facility manufactures, processes, or otherwise
uses any listed chemical above threshold quantities and meets certain
other criteria. For the Form A, EPA established an alternative
threshold for facilities with low annual reportable amounts of a listed
toxic chemical. A facility that meets the appropriate reporting
thresholds, but estimates that the total annual reportable amount of
the chemical does not exceed 500 pounds per year, can take advantage of
an alternative manufacture, process, or otherwise use threshold of 1
million pounds per year of the chemical, provided that certain
conditions are met, and submit the Form A instead of the Form R. In
addition, respondents may designate the specific chemical identity of a
substance as a trade secret pursuant to EPCRA section 322 42 U.S.C.
11042: 40 CFR part 350.
    OMB has approved the reporting and recordkeeping requirements
related to Forms A and R, supplier notification, and petitions under
OMB Control number 2025-0009 (EPA Information Collection Request (ICR)
No. 1363) and those related to trade secret designations under OMB
Control 2050-0078 (EPA ICR No. 1428). As provided in 5 CFR 1320.5(b)
and 1320.6(a), an Agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid OMB control number. The OMB control numbers
relevant to EPA's regulations are listed in 40 CFR part 9, 48 CFR
chapter 15, and displayed on the information collection instruments
(e.g., forms, instructions).
    For the 17 Form Rs and 5 Form As expected to be filed, EPA
estimates the industry reporting and recordkeeping burden for
collecting this information to average, in the first year,
approximately $3,461 per form (for a total first year cost of $76,143
based on 1,506 total burden hours). In subsequent years, the burden for
collecting this information is estimated to average approximately
$1,648 per form (for a total cost of $36,252 based on 717 total burden
hours). These estimates include the time needed to become familiar with
the requirement (first year only); review instructions; search existing
data sources; gather and maintain the data needed; complete and review
the collection information; and transmit or otherwise disclose the
information. The actual burden on any facility may be different from
these estimates depending on whether they file a Form R or Form A, the
complexity of the facility's operations and the profile of the releases
at the facility. Upon promulgation of a final rule, the Agency may
determine that the existing burden estimates in the ICRs need to be
amended in order to account for an increase in burden associated with
the final action. If so, the Agency will submit an information
collection worksheet (ICW) to OMB requesting that the total burden in
each ICR be amended, as appropriate.

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as: (1) A
business that is classified as a ``small business'' by the Small
Business Administration at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. Of the 22
entities estimated to be impacted by this rule, 6 are small businesses.
Of the affected small businesses, all 6 have cost-to-revenue impacts of
less than 1% in both the first and subsequent years of the rulemaking.
No small businesses are projected to have a cost impact in the first
year of 1% or greater. Facilities eligible to use Form A (those meeting
the appropriate activity threshold which have 500 pounds per year or
less of reportable amounts of the chemical) will have a lower burden.
No small governments or small organizations are expected to be affected
by this action. Thus this rule is not expected to have a significant
adverse economic impact on a substantial number of small entities. A
more detailed analysis of the impacts on small entities is located in
EPA's economic analysis support document (Ref. 3).

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
EPA's economic analysis indicates that the total cost of this rule is
estimated to be $76,143 in the first year of reporting. Thus, this rule
is not subject to the requirements of sections 202 or 205 of UMRA
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. Small governments
are not subject to the EPCRA section 313 reporting requirements.

E. Executive Order 13132 (Federalism)

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action relates to toxic
chemical reporting under EPCRA section 313, which primarily affects
private sector facilities. Thus, Executive Order 13132 does not apply
to this action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action
relates to toxic chemical reporting under EPCRA section 313, which
primarily affects private sector facilities. Thus, Executive Order
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This rulemaking does not involve technical standards. Therefore,
EPA did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA has determined that this final
rule will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations because it
does not affect the level of protection provided to human health or the
environment. This rule adds an additional chemical to the EPCRA section
313 reporting requirements. By adding a chemical to the list of toxic
chemicals subject to reporting under section 313 of EPCRA, EPA would be
providing communities across the United States (including minority
populations and low income populations) with access to data which they
may use to seek lower exposures and consequently reductions in chemical
risks for themselves and their children. This information can also be
used by government agencies and others to identify potential problems,
set priorities, and take appropriate steps to reduce any potential
risks to human health and the environment. Therefore, the informational
benefits of the rule will have a positive impact on the human health
and environmental impacts of minority populations, low-income
populations, and children.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective November 29, 2013.

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, and Toxic chemicals.

    Dated: October 29, 2013.
Gina McCarthy,
Administrator.
    Therefore, 40 CFR part 372 is amended as follows:

PART 372--TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW

0
1. The authority citation for part 372 continues to read as follows:

    Authority:  42 U.S.C. 11023 and 11048.

0
2. In Sec.  372.65, paragraph (a) is amended by adding in the table the
entry for ``o-Nitrotoluene'' in alphabetical order and in paragraph (b)
by adding in the table the entry for ``00088-72-2'' in numerical order
to read as follows:

Sec.  372.65  Chemicals and chemical categories to which this part
applies.

* * * * *
    (a) * * *

------------------------------------------------------------------------
                                                              Effective
                Chemical name                     CAS No.        date
------------------------------------------------------------------------

                                * * * * *
o-Nitrotoluene...............................    00088-72-2       1/1/14

                                * * * * *
------------------------------------------------------------------------

    (b) * * *

------------------------------------------------------------------------
                                                              Effective
                Chemical name                     CAS No.        date
------------------------------------------------------------------------

                                * * * * *
o-Nitrotoluene...............................    00088-72-2       1/1/14

                                * * * * *
------------------------------------------------------------------------

[FR Doc. 2013-26475 Filed 11-5-13; 4:15 pm]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Notices]
[Pages 5267-5269]
[FR Doc No: 2020-01518]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88019; File No. SR-C2-2020-002]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Amend Rule 6.31 in Connection with the Exchange's Clearing Editor

January 23, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 16, 2020, Cboe C2 Exchange, Inc. (the ``Exchange'' or
``C2'') filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') proposes to
amend Rule 6.31 in connection with the Exchange's Clearing Editor. The
text of the proposed rule change is provided below.
(additions are italicized; deletions are [bracketed])
* * * * *

Rules of Cboe C2 Exchange, Inc.

* * * * *

Rule 6.31. Clearing Editor

    (a) No change.
    (b) Trading Permit Holders may change the following fields through
the Clearing Editor: (1) Executing Firm and Contra Firm; (2) Executing
Broker and Contra Broker; (3) CMTA; (4) Account and Sub Account; (5)
[Customer]Client Order ID; (6) Position Effect (open/close); or (7)
Capacity (if the change is from a customer Capacity code of (C) to any
other Capacity code, it must be accompanied by a Reason Code, and
notice of such change will automatically be sent to the Exchange with
the submission of the change through the Clearing Editor).
* * * * *
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 6.31 in connection with its
Clearing Editor. The Clearing Editor currently allows Trading Permit
Holders (``TPHs'') to update executed trades on their trading dates and
revise them for clearing. Specifically, the Clearing Editor allows TPHs
to correct certain bonafide errors by changing certain fields, pursuant
to Rule 6.31(b), including: (1) Executing Firm and Contra Firm; (2)
Executing Broker and Contra Broker; (3) CMTA; (4) Account and Sub
Account; (5) Customer ID; (6) Position Effect (open/close); or (7)
Capacity. The Exchange proposes to amend the rule to provide additional
specificity regarding a Capacity code change. The proposed rule
provides that that if the change is from a customer Capacity code of
(C) to any other Capacity code, it must be accompanied by a Reason Code
and notice of such change will automatically be sent to the Exchange
with the submission of the change through the Clearing Editor. As
proposed, Rule 6.31(b) would continue to allow a TPH to change any
Capacity code to another, however, would just require a TPH to provide
automatic notification and explanation to the Exchange via a prompted
Reason Code of a Capacity code change from a customer Capacity code to
another Capacity code.\3\ The Exchange notes that while a change from
customer Capacity code does not affect the Consolidated Tape or terms
of a contract, such changes may affect other substantive aspects of how
a trade was processed, including whether or not a trade should have
been given certain preferable customer treatment (e.g. customer complex
orders are not subject to certain Complex Order Auction (``COA'')
restrictions and customer orders may receive specific rebates or are
assessed reduced fees).\4\ Accordingly, the Exchange believes that TPHs
making changes to this field should be required to provide to the
Exchange notice and explanation relating to the change. As a result,
the proposed Reason Code for customer Capacity code changes would
better enable the Exchange to surveil for and enforce against potential
issues or abusive behavior via the Clearing Editor by allowing the
Exchange to understand the rationale behind all such changes.
---------------------------------------------------------------------------

    \3\ Example Reason Codes include: Input Error; Unmatched Trade;
Unknown; Manual Add; Other Text Required; Trade Nullification; Trade
Adjustment; Error Account; and System Issue.
    \4\ See C2 Options Exchange Fees Schedule. The Exchange notes
that preferential pricing to Customers is a long-standing options
industry practice.
---------------------------------------------------------------------------

    The proposed rule change also updates the term Customer ID in Rule
6.31(b) to Client Order ID, as this term more accurately reflect the
name of the

field displayed on an order \5\ and in the Clearing Editor. This
proposed rule change is identical to the manner in which a Capacity
code may be changed via the Clearing Editor, and the term Client Order
ID is used, on the Exchange's affiliated exchange, Cboe Exchange, Inc.
(``Cboe Options'').\6\
---------------------------------------------------------------------------

    \5\ See Cboe Options FIX Specifications, available at: https://cdn.cboe.com/resources/membership/US_Options_FIX_Specification.pdf.
    \6\ See Cboe Options Rule 6.1.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\7\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \8\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
---------------------------------------------------------------------------

    In particular, by requiring a TPH to submit a Reason Code via the
Clearing Editor in conjunction with a change made from a customer
Capacity code, the Exchange believes the proposed rule change may
prevent fraudulent and manipulative acts and otherwise promote just and
equitable principles of trade because it would allow the Exchange to
automatically be notified of such a change and the rationale behind the
change. This, in turn, would allow the Exchange to better surveil for
and enforce against potential issues or abusive behavior via the
Clearing Editor. As such, the proposed rule change is specifically
designed to protect investors and the public interest. The Exchange
further notes that, for the same reasons enumerated above, the proposed
rule change is also consistent with Section 6(b)(1) of the Act,\10\
which provides that the Exchange be organized and have the capacity to
be able to carry out the purposes of the Act and to enforce compliance
by the Exchange's Trading Permit Holders and persons associated with
its Trading Permit Holders with the Act, the rules and regulations
thereunder, and the rules of the Exchange.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    Additionally, the Exchange believes that the proposed rule change
to update the term Customer ID to Client Order ID, a term that more
accurately reflects the field name that is displayed on an order and in
the Clearing Editor, would remove impediments to and perfect the
mechanism of a free and open market and a national market system and
protect investors by mitigating any potential confusion surrounding the
use of this field. Finally, the Exchange notes that the proposed rule
change is identical to the manner in which a Capacity code change from
a customer Capacity code must be made and the term Client Order ID is
used in Cboe Options Rule 6.6, previously filed with the Commission.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe the proposed rule change would impose any burden on intramarket
competition that is not necessary or appropriate in furtherance of the
Act, because it would require all TPHs to input a Reason Code via the
Clearing Editor when changing from a customer Capacity code. The
Exchange notes that the proposed rule change does not alter or restrict
any the fields that a TPH may currently change via the Clearing Editor.
The Exchange does not believe that the proposed rule change would
impose any burden on intermarket competition, because it is
substantially the same as the Clearing Editor rule on Cboe Options,
previously filed with the Commission. In addition to this, the Exchange
notes that the proposed rule change is not intended to address
competitive issues, but rather, is concerned with the correction of
post-trade information for purposes of enhancing surveillance and
enforcement for potential issues or abuses of the Clearing Editor.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not:
    A. significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \11\ and
Rule 19b-4(f)(6) \12\ thereunder. At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission will institute proceedings to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2020-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2020-002. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use

only one method. The Commission will post all comments on the
Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal offices of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-C2-2020-002, and should be submitted on
or before February 19, 2020.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2020-01518 Filed 1-28-20; 8:45 am]
BILLING CODE 8011-01-P


field reports which involve the systems and components that are
specified in codes 01 through 22, or 25 in paragraph (b)(2) of this
section, or a fire (code 23), or rollover (code 24). * * *
    (d) Copies of field reports. For all buses, emergency vehicles and
medium-heavy vehicles manufactured during a model year covered by the
reporting period and the nine model years prior to the earliest model
year in the reporting period, a copy of each field report (other than a
dealer report or a product evaluation report) involving one or more of
the systems or components identified in paragraph (b)(2) of this
section, or fire, or rollover, containing any assessment of an alleged
failure, malfunction, lack of durability, or other performance problem
of a motor vehicle or item of motor vehicle equipment (including any
part thereof) that is originated by an employee or representative of
the manufacturer and that the manufacturer received during a reporting
period.
* * * * *
BILLING CODE 4910-59-P

Appendix A
[GRAPHIC] [TIFF OMITTED] TP10SE12.006

Appendix B
[GRAPHIC] [TIFF OMITTED] TP10SE12.007

Appendix C

                                      Form C1--Example VIN Table Submission
----------------------------------------------------------------------------------------------------------------
                                                                  Recall
                VIN                    Recall    Date added    disposition    Remedy date        Comment 30
----------------------------------------------------------------------------------------------------------------
1JN4B76Y2XB645813..................     09V165     03/07/09               R      07/23/09
1JN4B76Y2XB645814..................     09V165     03/07/09               I      03/07/11
1JN4B76Y2XB645815..................     09V165     03/07/09               U   ...........
1JN4B76Y2XB645816..................     09V165     03/07/09               Z   ...........
1JN4B76Y2XB645817..................     09V165     03/07/09               U   ...........
1JN4B76Y2XB645818..................     09V165     03/07/09               U   ...........
1JN4B76Y2XB645819..................     09V165     03/07/09               Z   ...........
1JN4B76Y2XB645820..................     09V165     03/07/09               R      11/04/10
1JN4B77Y2XB645816..................     09V165     03/07/09               R      07/05/09
1JN4B76Y2XB445814..................     09V165     03/07/09               U   ...........
1JN4B76Y2XB645821..................     09V165     03/07/09               R      03/07/11
1JN4B76Y2XB645822..................     09V165     03/07/09               X   ...........
1JN4B77Y2XB645817..................     09V165     03/07/09               Z   ...........
1JN4B76Y2XB445815..................     09V165     03/07/09               I      08/09/11
1JN4B76Y2XB645823..................     09V165     03/07/09               Z   ...........
1JN4B76Y2XB645824..................     09V165     03/07/09               R      11/02/11
1JN4B77Y2XB645818..................     09V165     03/07/09               U   ...........
1JN4B76Y2XB645874..................     09V165     03/07/09               D   ...........  NOT RECALLED.
1JN4B76Y2XB645864..................     09V165     03/07/09               D   ...........  NOT RECALLED.
1JN4B76Y2XB445816..................     09V165     03/07/09               U   ...........
1JN4B76Y2XB645825..................     09V165     03/07/09               U   ...........
1JN4B76Y2XB645758..................     09V165     04/11/09               U   ...........  LATE ADDITION.
1JN4B76Y2XB645826..................     09V165     03/07/09               Z   ...........
1JN4B77Y2XB645819..................     09V165     03/07/09               I      04/08/09  .....................
1JN4B76Y2XB445817..................     09V165     03/07/09               I      11/02/11
1JN4B76Y2XB645827..................     09V165     03/07/09               R      03/07/11
1JN4B76Y2XB645813..................     09V165     03/07/09               R      01/23/10
1JN4B76Y2XB645814..................     09V165     03/07/09               S   ...........
1JN4B76Y2XB635815..................     09V165     03/07/09               X   ...........
1JN4B76Y2XB945816..................     09V165     03/07/09               S   ...........
----------------------------------------------------------------------------------------------------------------

                         Recall Disposition Key
------------------------------------------------------------------------

------------------------------------------------------------------------
     X   Recall Remedy Not Yet Available.
     R   Inspected and Repaired.
     U   Unremedied.
     I   Inspected and Determined Not to Require Repair.
     Z   The Owner was Unable to be Notified.
     E   Exported.
     T   Stolen.
     S   Scrapped.
     D   Deleted.
------------------------------------------------------------------------

Appendix D
[GRAPHIC] [TIFF OMITTED] TP10SE12.008

Appendix E

------------------------------------------------------------------------
                Vehicle manufacturers to submit daily VIN updates
------------------------------------------------------------------------
     1   American Suzuki Motor Corp.
     2   BMW Of North America, LLC.
     3   Bombardier Recreational Products Inc.
     4   Chrysler Group LLC.
     5   Ducati North America.
     6   Ford Motor Company.
     7   General Motors LLC.
     8   Genuine Scooters, LLC.
     9   Harley-Davidson Motor Company.
    10   Honda (American Honda Motor Co.)
    11   Hyundai Motor Company.
    12   Kawasaki Motors Corp., U.S.A.
    13   Kia Motors Corporation.
    14   Land Rover.
    15   Leggett & Pratt, Incorporated- Masterack.
    16   Mazda Motor Corp.
    17   Mercedes-Benz USA, LLC.
    18   Mitsubishi Motors North America, Inc.
    19   Nissan North America, Inc.
    20   Piaggio USA, Inc.
    21   Polaris Industries, Inc.
    22   Porsche Cars North America, Inc.
    23   STR Motorsports Inc. DBA Kymco USA.
    24   Subaru Of America, Inc.
    25   Toyota Motor Corporation.
    26   Triumph Motorcycles America LTD.
    27   Volkswagen Of America, Inc.
    28   Volvo Cars Of N.A. LLC.
    29   Yamaha Motor Corporation, USA.
------------------------------------------------------------------------

    Issued on: August 27, 2012.
Daniel C. Smith,
Senior Associate Administrator, Vehicle Safety.
[FR Doc. 2012-21574 Filed 9-7-12; 8:45 am]
BILLING CODE 4910-59-P