[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Rules and Regulations]
[Pages 55377-55380]
[FR Doc No: 2020-17572]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R10-OAR-2019-0433; FRL-10006-99-Region 10]

Outer Continental Shelf Air Regulations; Consistency Update for
Alaska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; consistency update.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to update a portion of the Outer Continental Shelf (OCS) Air
Regulations. Requirements applying to OCS sources located within 25
miles of states' seaward boundaries must be updated periodically to
remain consistent with the requirements of the corresponding onshore
area (COA), as mandated by the Clean Air Act (CAA). The portion of the
OCS air regulations that is being updated pertains to the requirements
for OCS sources subject to requirements of the State of Alaska. The
State of Alaska's requirements discussed in this document and listed in
the appendix to the Federal OCS air regulations, are approved for
incorporated into the compilation of state provisions that is
incorporated by reference.

DATES: This rule is effective on October 8, 2020. The incorporation by
reference of a certain publication listed in this rule is approved by
the Director of the Federal Register as of October 8, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R10-OAR-2019-0433. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Natasha Greaves,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On December 2, 2019, EPA published a Notice of Proposed Rulemaking
(NPRM) proposing to approve various Alaska air pollution control
requirements for inclusion in the updated compilation of ``the State of
Alaska Requirements Applicable to OCS Sources,'' dated September 15,
2018, which is incorporated by reference into 40 CFR part 55. 84 FR
65938 (December 2, 2019).
    Pursuant to 40 CFR 55.12, consistency reviews will occur at least
annually. Additionally, consistency reviews will occur upon receipt of
a Notice of Intent (NOI) under 40 CFR 55.4 and when a State or local
agency submits a rule to

EPA to be considered for incorporation by reference in 40 CFR part 55.
This action is being taken in response to the submittal of a NOI on
October 1, 2019, by Hilcorp Alaska, LLC.
    Section 328(a) of the CAA requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into 40 CFR part 55 as they exist onshore. This limits
EPA's flexibility in deciding which requirements will be incorporated
into 40 CFR part 55 and prevents EPA from making substantive changes to
the requirements it incorporates. As a result, EPA may be incorporating
rules into 40 CFR part 55 that do not conform to all of EPA's state
implementation plan (SIP) guidance or certain requirements of the CAA.
Consistency updates may result in the inclusion of state or local rules
or regulations into 40 CFR part 55, even though the same rules may
ultimately be disapproved for inclusion as part of the SIP. Inclusion
in the OCS rule does not imply that a rule meets the requirements of
the CAA for SIP approval, nor does it imply that the rule will be
approved by EPA for inclusion in the SIP.
    EPA reviewed Alaska's rules for inclusion in 40 CFR part 55 to
ensure that they are rationally related to the attainment or
maintenance of Federal or state ambient air quality standards and
compliance with part C of title I of the CAA, that they are not
designed expressly to prevent exploration and development of the OCS,
and that they are potentially applicable to OCS sources. See 40 CFR
55.1. EPA has also evaluated the rules to ensure they are not arbitrary
or capricious. See 40 CFR 55.12(e). In addition, EPA has excluded
administrative or procedural rules \1\ and requirements that regulate
toxics which are not related to the attainment and maintenance of
Federal and state ambient air quality standards. EPA has also proposed
to exclude those provisions that would not reasonably be expected to
apply to an OCS source.
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    \1\ Each COA which has been delegated the authority to implement
and enforce 40 CFR part 55 will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce 40 CFR part 55,
EPA will use its own administrative and procedural requirements to
implement the substantive requirements. See 40 CFR 55.14(c)(4).
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    Other specific requirements of the consistency update and the
rationale for EPA's proposed action are explained in the December 2,
2019 NPRM and will not be restated here.

II. Public Comments and EPA Responses

    EPA received one comment on the December 2, 2019 NPRM during the
public comment period. A summary of the comment and EPA's response is
discussed in this Section. A copy of the comment can be found in the
docket for this rulemaking action.
    Comment: I recommend we employ the most stringent standards in
order to protect the OCS and prevent any and all exploration.
    EPA Response: EPA is required to perform consistency updates to
maintain consistency with the regulations in onshore areas. EPA
incorporates those onshore rules that comply with the statutory
requirements of section 328 of the CAA that are rationally related to
the attainment and maintenance of national or state ambient air quality
standards and the prevention of significant deterioration of air
quality. See 40 CFR 55.1. In updating 40 CFR part 55, EPA reviews the
current onshore rules for consistency with part 55. In this instance,
EPA reviewed Alaska's Air Quality Control Regulations at 18 AAC 50, as
amended through September 5, 2018, to identify rules that are
rationally related to the attainment or maintenance of federal or state
ambient air quality standards (or part C of title I of the CAA) and
applicable to OCS sources. Additionally, as noted in 40 CFR 55.1, in
implementing, enforcing and revising this rule and in delegating
authority hereunder, the EPA will ensure that there is a rational
relationship to the attainment and maintenance of Federal and State
ambient air quality standards and the requirements of part C of title
I, and that the rule is not used for the purpose of preventing
exploration and development of the OCS. See 57 FR 40792 at 40802
(September 4, 1992).
    After reviewing Alaska's rules, EPA proposed incorporating by
reference rules which are rationally related to the attainment or
maintenance of federal or state ambient air quality standards or part C
of title I of the CAA and, are not designed expressly to prevent
exploration and development of the OCS and are applicable to OCS
sources.

III. Final Action

    EPA is taking final action today as discussed in the NPRM, with one
minor change. The change is consistent with the approach detailed in
the NPRM and does not materially alter the scope of the State of
Alaska's requirements incorporated by reference. EPA is excluding from
the incorporation by reference in this final action one additional
Alaska regulatory provision found at 18 AAC 50.316(c) which relates to
state procedures for preconstruction permitting approval. This
provision is not appropriate for incorporation by reference because it
is a procedural rule, and as explained in the NPRM such provisions
should not be included in the scope of this action. EPA shall rely on
its own procedural provisions in implementing the requirements
applicable to OCS sources. The provision was inadvertently omitted from
the list of excluded provisions at the NPRM stage.
    EPA is taking final action to incorporate the rules potentially
applicable to OCS sources for which the State of Alaska is the COA. The
rules that EPA is taking final action to incorporate are applicable
provisions of Title 18 of the Alaska Administrative Code, specifically,
the provisions of Air Quality Control Chapter 50 identified below. The
intended effect of incorporating by reference various Alaska air
pollution control requirements for inclusion in the updated compilation
of the ``State of Alaska Requirements Applicable to OCS Sources'' dated
September 15, 2018, is to regulate emissions from OCS sources in
accordance with the requirements for onshore sources. The rules that
EPA is taking final action to incorporate will replace the rules
previously incorporated into the ``State of Alaska Requirements
Applicable to OCS Sources,'' dated December 10, 2010, which was
incorporated by reference into 40 CFR part 55. See 76 FR 37274 (June
27, 2011).

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of the
``State of Alaska Requirements Applicable to OCS Sources,'' dated
September 15, 2018, which is a compilation of provisions of Chapter 50
of the Alaska Administrative Code described in the amendments to 40 CFR
part 55 set forth below. EPA has made, and will continue to make, these
materials available through www.regulations.gov and at the EPA Region
10 Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of states' seaward boundaries that are the same as onshore air
pollution control requirements. To comply with this statutory mandate,
the EPA must incorporate applicable onshore rules into 40 CFR part 55
as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in
promulgating OCS consistency updates, EPA's role is to maintain
consistency between OCS regulations and the regulations of onshore
areas, provided that they meet the criteria of the CAA. Accordingly,
this action simply updates the existing OCS requirements to make them
consistent with requirements onshore, without the exercise of any
policy direction by EPA. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule incorporating by reference sections of Title
18 of the Alaska Administrative Code, does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because this action is not approved to apply in Indian country located
in the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C 3501
et seq., an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has approved the information
collection requirements contained in 40 CFR part 55 and, by extension,
this update to the rules, and has assigned OMB control number 2060-
0249. OMB approved the EPA Information Collection Request (ICR) No.
1601.08 on September 18, 2017.\2\ The current approval expires
September 30, 2020. The annual public reporting and recordkeeping
burden for collection of information under 40 CFR part 55 is estimated
to average 643 hours per response, using the definition of burden
provided in 44 U.S.C. 3502(2).
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    \2\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
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    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. The EPA will submit a report containing this action 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).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 9, 2020. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
    EPA is incorporating the rules potentially applicable to sources
for which the State of Alaska will be the COA. The rules that EPA is
incorporating are applicable provisions of Title 18 of the Alaska
Administrative Code, specifically, Air Quality Control Chapter 50.

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Incorporation by reference,
Intergovernmental relations, Lead, Nitrogen dioxide, Outer continental
shelf, Ozone, Particulate matter, Permits, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: February 26, 2020.
Christopher Hladick,
Regional Administrator, Region 10.

    Part 55 of Chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS

0
1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et
seq.) as amended by Public Law 101-549.

0
2. Section 55.14 is amended by:
0
a. Revising paragraph (e)(2)(i)(A); and
0
b. Removing and reserving paragraph (e)(2)(ii)(A).
    The revision reads as follows:

Sec.  55.14   Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * *
    (2) * * *
    (i) * * *
    (A) State of Alaska Requirements Applicable to OCS Sources,
September 15, 2018.
* * * * *

0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under
the heading ``Alaska'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State

* * * * *

Alaska

    (a) * * *
    (1) The following State of Alaska requirements are applicable to
OCS Sources, September 15, 2018, Alaska Administrative Code--
Department of Environmental Conservation. The following sections of
Title 18, Chapter 50:

Article 1. Ambient Air Quality Management

18 AAC 50.005. Purpose and Applicability of Chapter (effective 10/
01/2004)
18 AAC 50.010. Ambient Air Quality Standards (effective 08/20/2016)
18 AAC 50.015. Air Quality Designations, Classification, and Control
Regions (effective 04/17/2015) except (b)(3) and (d)(2)
Table 1. Air Quality Classifications
18 AAC 50.020. Baseline Dates and Maximum Allowable Increases
(effective 08/20/2016)
Table 2. Baseline Areas and Dates
Table 3. Maximum Allowable Increases
18 AAC 50.025. Visibility and Other Special Protection Areas
(effective 09/15/2018)
18 AAC 50.030. State Air Quality Control Plan (effective 09/15/2018)
18 AAC 50.035. Documents, Procedures, and Methods Adopted by
Reference (effective 09/15/2018)
18 AAC 50.040. Federal Standards Adopted by Reference (effective 09/
15/2018) except (h)(2)
18 AAC 50.045. Prohibitions (effective 10/01/2004)
18 AAC 50.050. Incinerator Emissions Standards (effective 07/25/
2008)
Table 4. Particulate Matter Standards for Incinerators
18 AAC 50.055. Industrial Processes and Fuel-Burning Equipment
(effective 09/15/2018) except (a)(4) through (a)(6), (a)(9),
(b)(2)(A), (b)(3), (b)(5), and (e)
18 AAC 50.065. Open Burning (effective 03/06/2016)
18 AAC 50.070. Marine Vessel Visible Emission Standards (effective
06/21/1998)
18 AAC 50.080. Ice Fog Standards (effective 01/18/1997)
18 AAC 50.085. Volatile Liquid Storage Tank Emission Standards
(effective 01/18/1997)
18 AAC 50.100. Nonroad Engines (effective 10/01/2004)
18 AAC 50.110. Air Pollution Prohibited (effective 05/26/1972)

Article 2. Program Administration

18 AAC 50.200. Information Requests (effective 10/01/2004)
18 AAC 50.201. Ambient Air Quality Investigation (effective 10/01/
2004)
18 AAC 50.205. Certification (effective 10/01/2004) except (b)
18 AAC 50.215. Ambient Air Quality Analysis Methods (effective 09/
15/2018)
Table 5. Significant Impact Levels (SILs)
18 AAC 50.220. Enforceable Test Methods (effective 09/15/2018)
18 AAC 50.225 Owner-Requested Limits (effective 09/15/2018) except
(c) through (g)
18 AAC 50.230. Preapproved Emission Limits (effective 09/15/2018)
except (d)
18 AAC 50.235. Unavoidable Emergencies and Malfunctions (effective
09/15/2018)
18 AAC 50.240. Excess Emissions (effective 12/29/2016)
18 AAC 50.245. Air Quality Episodes and Advisories for Air Pollution
Other Than PM 2.5 (effective 02/28/2015)
Table 6. Concentrations Triggering an Air Quality Episode for Air
Pollution Other Than PM 2.5
18 AAC 50.246. Air Quality Episodes and Advisories for PM 2.5
(effective 02/28/2015)
Table 6a. Concentrations Triggering an Air Quality Episode for PM
2.5

Article 3. Major Stationary Source Permits

18 AAC 50.302. Construction Permits (effective 09/14/2012)
18 AAC 50.306. Prevention of Significant Deterioration (PSD) Permits
(effective 01/
    04/2013) except (c) and (e)
18 AAC 50.311. Nonattainment Area Major Stationary Source Permits
(effective 09/15/2018) except (c)
18 AAC 50.316. Preconstruction Review for Construction or
Reconstruction of a Major Source of Hazardous Air Pollutants
(effective 12/01/2004) except (c)
18 AAC 50.321. Case-By-Case Maximum Achievable Control Technology
(effective 10/06/2013)
18 AAC 50.326. Title V Operating Permits (effective 09/15/2018)
except (c)(1), (h), (i)(3), (j)(5), (j)(6), (k)(1), (k)(3), (k)(5),
and (k)(6)
18 AAC 50.345. Construction, Minor and Operating Permits: Standard
Permit Conditions (effective 09/15/2018)
18 AAC 50.346. Construction and Operating Permits: Other Permit
Conditions (effective 09/15/2018)
Table 7. Standard Operating Permit Condition

Article 4. User Fees

18 AAC 50.400. Permit Administration Fees (effective 09/15/2018)
except (a)(2) through (a)(4), (a)(6), (a)(8), (i)(1), (i)(4),
(i)(8), and (i)(9)
18 AAC 50.403. Negotiated Service Agreements (effective 09/26/2015)
18 AAC 50.410. Emission Fees (effective 09/15/2018)
18 AAC 50.499. Definition for User Fee Requirements (effective 09/
26/2015)

Article 5. Minor Permits

18 AAC 50.502. Minor Permits for Air Quality Protection (effective
09/15/2018) except (b)(1) through (b)(3), (b)(5), (d)(1)(A) and
(d)(2)(A)
18 AAC 50.508. Minor Permits Requested by the Owner or Operator
(effective 12/09/2010)
18 AAC 50.510. Minor Permit--Title V Permit Interface (effective 12/
09/2010)
18 AAC 50.540. Minor Permit: Application (effective 09/15/2018)
18 AAC 50.542. Minor Permit: Review and Issuance (effective 09/15/
2018) except (a), (b), (c), and (d)
18 AAC 50.544. Minor Permits: Content (effective 12/09/2010)
18 AAC 50.546. Minor Permit Revision (effective 7/25/08)
18 AAC 50.560. General Minor Permits (effective 09/15/2018) except
(b)

Article 9. General Provisions

18 AAC 50.990. Definitions (effective 09/15/2018)
* * * * *
[FR Doc. 2020-17572 Filed 9-4-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Notices]
[Page 48585]
[FR Doc No: 2012-19906]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Commercial Space Transportation Advisory Committee--Public
Teleconference

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Commercial Space Transportation Advisory Committee
Teleconference.

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SUMMARY: Pursuant to Section 10(a)(2) of the Federal Advisory Committee
Act (Pub. L. 92-463, 5 U.S.C. App. 2), notice is hereby given of a
teleconference of the Operations Working Group (OWG) of the Commercial
Space Transportation Advisory Committee (COMSTAC). The teleconference
will take place on Wednesday, September 12, 2012, starting at 10:00
a.m. Eastern Daylight Time. Individuals who plan to participate should
contact Susan Lender, Designated Federal Officer (DFO), (the Contact
Person listed below) by phone or email for the teleconference call in
number. The proposed agenda for this teleconference is to follow up on
actions from the May 10-11, 2012, COMSTAC meeting, and the July 17,
2012, OWG teleconference. These issues include:
     Continuing the discussion of on-orbit authority for the
FAA and receive a report from the smaller working group tasked to
explore case studies;
     Receiving preliminary results from reopening the survey on
launch site licensing;
     Updating information on international activities; and
     Exploring the issue of China's proposal for launch vehicle
international standards and best practices.
    Interested members of the public may submit relevant written
statements for the COMSTAC working group members to consider under the
advisory process. Statements may concern the issues and agenda items
mentioned above or additional issues that may be relevant for the U.S.
commercial space transportation industry. Interested parties wishing to
submit written statements should contact Susan Lender, DFO, (the
Contact Person listed below) in writing (mail or email) by September 5,
2012, so that the information can be made available to COMSTAC members
for their review and consideration before the September 12, 2012,
teleconference. Written statements should be supplied in the following
formats: One hard copy with original signature or one electronic copy
via email.
    An agenda will be posted on the FAA Web site at http://www.faa.gov/go/ast.
    Individuals who plan to participate and need special assistance
should inform the Contact Person listed below in advance of the
meeting.

FOR FURTHER INFORMATION CONTACT: Susan Lender (AST-5), Office of
Commercial Space Transportation (AST), 800 Independence Avenue SW.,
Room 331, Washington, DC 20591, telephone<PHONE_NUMBER>; Email
<EMAIL_ADDRESS>Complete information regarding COMSTAC is
available on the FAA Web site at: http://www.faa.gov/about/office_org/headquarters_offices/ast/advisory_committee/.

    Issued in Washington, DC, August 7, 2012.
George C. Nield,
Associate Administrator for Commercial Space Transportation.
[FR Doc. 2012-19906 Filed 8-13-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Notices]
[Page 71813]
[FR Doc No: 2012-29190]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4087-DR; Docket ID FEMA-2012-0002]

Connecticut; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Connecticut (FEMA-4087-DR), dated October 30, 2012,
and related determinations.

DATES: Effective Date: November 23, 2012.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

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

    Fairfield, Middlesex, New Haven, and New London Counties and the
Mashantucket Pequot Tribal Nation and Mohegan Tribal Nation located
within New London County for Public Assistance [Categories C-G]
(already designated for Public Assistance [Categories A and B],
including direct federal assistance).
    Litchfield, Tolland, and Windham Counties for Public Assistance,
including direct federal assistance.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-29190 Filed 12-3-12; 8:45 am]
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[Federal Register Volume 85, Number 240 (Monday, December 14, 2020)]
[Notices]
[Pages 80859-80860]
[FR Doc No: 2020-27499]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Wednesday, December 16, 2020.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topic:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings; and
    Disclosure of non-public information.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: December 9, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-27499 Filed 12-10-20; 11:15 am]
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[Federal Register: June 29, 2009 (Volume 74, Number 123)]
[Notices]
[Page 31077-31079]
[DOCID:fr29jn09-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60156; File No. SR-Phlx-2009-46]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX, Inc. Relating
to $1 Strikes for Reduced Value Nasdaq 100 Options (MNX)

June 22, 2009.

    Pursuant to Section 19(b)(1)\1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 12, 2009, NASDAQ OMX PHLX, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II 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.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Phlx Rules 1012 (Series of Options
Open for Trading) and 1101A (Terms of Options Contracts) to allow the
Exchange to list options that are based on 1/10th the value of the
Nasdaq-100 Index and are known as Reduced Value Nasdaq 100 Options, at
$1 strike price intervals.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/
Filings/, at the principal office of the Exchange, 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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend Phlx Rules 1012
(Series of Options Open for Trading) and 1101A (Terms of Options
Contracts) by adding a new interpretation that would allow the Exchange
to list options that are based on 1/10th the value of the Nasdaq-100
Index (``NDX'') and are known as Reduced Value Nasdaq 100 Options
(``MNX'' or ``Mini-NDX''), at $1 or greater strike price intervals.\4\
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    \4\ Currently, under subsection (a)(xxxiv) to Rule 1001A, the
Exchange has authority to list Mini-NDX options at $2.50 strike
price intervals.
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    Specifically, the Exchange proposes that the minimum strike price
interval Mini-NDX options will be $1 or greater. The Exchange believes
that $1 strike price intervals in Mini-NDX option series will provide
investors with greater flexibility by allowing them to

establish positions that are better tailored to meet their investment
objectives. The rule changes proposed herein are consistent with
existing rules and practices that allow other options exchanges to list
and trade Mini-NDX options at $1 or greater strike price intervals.\5\
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    \5\ See Securities Exchange Act Release Nos. 58924 (November 10,
2008), 73 FR 68464 (November 18, 2008) (SR-CBOE-2008-96) (approval
order); 58997 (November 21, 2008), 73 FR 72887 (December 1, 2008)
(SR-ISE-2008-88) (notice of filing and immediate effectiveness); and
59129 (December 22, 2008), 73 FR 79945 (December 30, 2008) (SR-BSE-
2008-57) (notice of filing and immediate effectiveness).
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    For initial series, the Exchange would list at least two strike
prices above and two strike prices below the current value of the MNX
at or about the time a series is opened for trading on the Exchange. As
part of this initial listing, the Exchange would list strike prices
that are within five (5) points from the closing value of the MNX on
the preceding day.
    As for additional series, the Exchange would be permitted to add
additional series when the Exchange deems it necessary to maintain an
orderly market, to meet customer demand or when the underlying MNX
moves substantially from the initial exercise price or prices. To the
extent that any additional strike prices are listed by the Exchange,
such additional strike prices shall be within thirty percent (30%)
above or below the closing value of the MNX. The Exchange would also be
permitted to open additional strike prices that are more than 30% above
or below the current MNX value provided that demonstrated customer
interest exists for such series, as expressed by institutional,
corporate or individual customers or their brokers. Market-Makers
trading for their own account would not be considered when determining
customer interest. In addition to the initial listed series, the
Exchange may list up to sixty (60) additional series per expiration
month for each series in Mini-NDX options. In addition, the Exchange
confirms that it shall not list LEAPS on Reduced Value Nasdaq 100
Options at intervals less than $2.50.\6\
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    \6\ This is consistent with Rule 1101A(a)(xxxv).
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    The Exchange is also proposing to set forth a delisting policy with
respect to Mini-NDX options. Specifically, the Exchange would, on a
monthly basis, review series that are outside a range of five (5)
strikes above and five (5) strikes below the current value of the MNX
and delist series with no open interest in both the put and the call
series having a: (i) Strike higher than the highest strike price with
open interest in the put and/or call series for a given expiration
month; and (ii) strike lower than the lowest strike price with open
interest in the put and/or call series for a given expiration month.
    Notwithstanding the proposed delisting policy, customer requests to
add strikes and/or maintain strikes in Mini-NDX options in series
eligible for delisting shall be granted.
    Further, in connection with the proposed delisting policy, if the
Exchange identifies series for delisting, the Exchange shall notify
other options exchanges with similar delisting policies regarding
eligible series for listing, and shall work with such other exchanges
to develop a uniform list of series to be delisted, so as to ensure
uniform series delisting of multiply listed Mini-NDX options.
    It is expected that the proposed delisting policy for Mini-NDX
options will be adopted by other options exchanges that list and trade
Mini-NDX options.
    The Exchange also proposes to add new Commentary .09 to Rule 1012,
which would be an internal cross reference stating that the intervals
between strike prices for Mini-NDX option series would be determined in
accordance with proposed new Commentary .02 to Rule 1101A.
    Phlx has analyzed its capacity and represents that it believes the
Exchange and the Options Price Reporting Authority have the necessary
systems capacity to handle the additional traffic associated with the
listing and trading of $1 strikes or greater for Mini-NDX options.

2. Statutory Basis

    The Exchange believes that its proposal is consistent with Section
6(b) of the Act\7\ in general, and furthers the objectives of Section
6(b)(5) of the Act\8\ in particular, in that it is designed to promote
just and equitable principles of trade, 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,
by allowing the Exchange to list Reduced Value Nasdaq 100 Options at $1
strike price intervals.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were solicited or received.

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

    Because the foregoing proposed rule change: (i) Does not
significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) by its terms, does not become operative for 30 days from the
date on which it was filed, or such shorter time as the Commission may
designate, if consistent with the protection of investors and the
public interest, it has become effective pursuant to Section
19(b)(3)(A) of the Act\9\ and Rule 19b-4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay and designate the proposed rule change immediately
operative, so that the Exchange may, for competitive reasons, list
Reduced Value Nasdaq 100 Options at the same $1 strike price intervals
currently listed by other option exchanges. The Commission believes
such waiver is consistent with the protection of investors and the
public interest.\11\ Accordingly, the Commission designates the
proposed rule change operative upon filing with the Commission.
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    \11\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing,

including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2009-46 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-Phlx-2009-46. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
Phlx-2009-46 and should be submitted on or before July 20, 2009.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-15224 Filed 6-26-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 66 (Thursday, April 8, 2021)]
[Notices]
[Pages 18368-18369]
[FR Doc No: 2021-07199]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91466; File No. SR-NYSEAMER-2021-16]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 985NY

April 2, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on March 29, 2021, NYSE American LLC (``NYSE American'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 985NY (Qualified Contingent
Cross Trade) to clarify the permissible trading differentials for such
orders. The proposed rule change is available on the Exchange's website
at www.nyse.com, at the principal office of the Exchange, 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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The purpose of this rule change is to amend Rule 985NY(Qualified
Contingent Cross Trade) to clarify the permissible trading
differentials for such orders.
    Rule 900.3NY(y) provides that a Qualified Contingent Cross or QCC
Order must be comprised of an originating order to buy or sell at least
1,000 contracts that is identified as being part of a qualified
contingent trade, coupled with a contra-side order or orders to buy or
sell an equal number of contracts.\4\ As Qualified Contingent Crosses,
QCC Orders are automatically executed upon entry provided that the
execution (i) is not at the same price as a Customer Order in the
Consolidated Book and (ii) is at or between the NBBO.\5\ In addition,
QCC Orders may only be entered in the regular trading increments
applicable to the options class under Rule 960NY (Trading
Differentials).\6\ Rule 960NY subsection (a) sets forth the minimum
quoting increments for all options traded on the Exchange and
subsection (b) sets forth the minimum trading increments of one cent
($0.01) for all series of option contracts traded on the Exchange.\7\
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    \4\ A ``qualified contingent trade'' is a transaction consisting
of two or more component orders, executed as agent or principal,
where: (i) At least one component must be an NMS Stock; (ii) all the
components must be effected with a product price contingency that
either has been agreed to by all the respective counterparties or
arranged for by a broker-dealer as principal or agent; (iii) the
execution of one component must be contingent upon the execution of
all other components at or near the same time; (iv) the specific
relationship between the component orders (e.g., the spread between
the prices of the component orders) must be determined by the time
the contingent order is placed; (v) the component orders must bear a
derivative relationship to one another, represent different classes
of shares of the same issuer, or involve the securities of
participants in mergers or with intentions to merge that have been
announced or cancelled; and (vi) the transaction must be fully
hedged (without regard to any prior existing position) as a result
of other components of the contingent trade. See Commentary .01 to
Rule 900.3NY.
    \5\ See Rule 985NY. QCC Orders that cannot be executed when
entered will automatically cancel. See Rule 985NY(1).
    \6\ See Rule 985NY(2).
    \7\ See Rule 960NY(a) and (b), respectively. Paragraph (2) to
Rule 985NY provides that QCCs ``may only be entered in the regular
trading increments applicable to the options class under Rule
960NY.''
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    The Exchange proposes to modify Rule 985NY(2) to add reference to
paragraph (b) of Rule 960NY in the text of the rule, which would make
clear that QCCs may be entered in minimum trading increments of one
cent ($0.01).\8\ The Exchange believes this proposed change, which
aligns with current functionality, would add clarity, transparency and
internal consistency to Exchange rules.
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    \8\ See proposed Rule 985NY(2) (``Qualified Contingent Cross
Orders may only be entered in the regular trading increments
applicable to the options class under Rule 960NY(b)'').
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\9\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\10\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, 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.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed modification--to make clear
that QCC Orders may be entered and traded in minimum trading increments
of a penny would promote just and equitable principles of trade, as
well as serve to remove impediments to and perfect the mechanism of a
free and open market because the proposed change clarifies existing
functionality. In addition, the Exchange believes that the proposed
rule change is consistent with other options order types and
functionalities that are not displayed in OPRA's quote feed. For
example, electronic paired auctions, which are not displayed in OPRA's
quote feed before they are executed, provide for penny trading
increments, regardless of the quoting increment of the options
class.\11\ As a result, the proposed change would not impact the
protection of investors and the public interest.
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    \11\ See, e.g., Rule 971.1NY(b)(7) (regarding the Customer Best
Execution--or CUBE--auction and providing that ``CUBE Orders may be
entered in $.01 increments regardless of the MPV of the series
involved'').
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Specifically, as discussed
above, the Exchange believes that the proposed change would align the
rule text with current functionality. Thus, the Exchange does not
believe the proposal creates any significant impact on competition.

    Intramarket Competition. The proposed rule change would be
applicable to all market participants that trade QCC Orders and
therefore would not impose any burden on intra-market competition that
is not necessary or appropriate in furtherance of the purposes of the
Act.
    Intermarket Competition. The Exchange believes that this proposed
rule change will not have an impact on intermarket competition.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\15\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative prior to 30 days after the date of its
filing. However, Rule 19b-4(f)(6)(iii) \17\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative upon filing. The Exchange believes a waiver is
consistent with the protection of investors and the public interest
because it would enable to Exchange to clarify current functionality
for QCC Orders without delay. Accordingly, the Commission hereby waives
the operative delay and designates the proposed rule change operative
upon filing so that the benefits of this proposed rule change can be
realized immediately.\18\
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    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \19\ to determine whether the proposed rule
195change should be approved or disapproved.
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    \19\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEAMER-2021-16 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-NYSEAMER-2021-16. 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 office 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-NYSEAMER-2021-16 and should be submitted
on or before April 29, 2021.
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    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-07199 Filed 4-7-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88195-88197]
[FR Doc No: 2023-27915]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99172; File No. SR-GEMX-2023-20]

Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the Fees
for Options on the Nasdaq 100 Index in the Exchange's Pricing Schedule
at Options 7

December 14, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 8, 2023, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the transaction fees for Nasdaq 100
Index options in the Exchange's Pricing Schedule at Options 7, Section
3. While these amendments are effective upon filing, the Exchange has
designated the proposed amendments to be operative on December 1, 2023.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/gemx/rules, at the
principal office of the Exchange, 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 purpose of the proposed rule change is to amend the transaction
fees for NDX \3\ in Options 7, Section 3. The Exchange initially filed
the proposed pricing changes on November 30, 2023 (SR-GEMX-2023-18). On
December 8, 2023, the Exchange withdrew that filing and submitted this
filing.
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    \3\ NDX represents A.M. settled options on the full value of the
Nasdaq 100 Index traded under the symbol NDX.
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    Today, the Exchange assesses a transaction fee of $0.75 per
contract for all Non-Priority Customer \4\ orders in NDX. Priority
Customers \5\ currently receive free executions in NDX. The Exchange
now proposes to begin assessing Priority Customer NDX orders a $0.25
per contract transaction fee. The Exchange notes that the proposed fee
amount is in line with customer transaction fees assessed on other
index products.\6\
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    \4\ ``Non-Priority Customers'' include Market Makers, Non-Nasdaq
GEMX Market Makers (FarMMs), Firm Proprietary/Broker-Dealers, and
Professional Customers. As discussed later in this filing, the
Exchange will codify this definition in Options 7, Section 1.
    \5\ A ``Priority Customer'' is a person or entity that is not a
broker/dealer in securities, and does not place more than 390 orders
in listed options per day on average during a calendar month for its
own beneficial account(s), as defined in Nasdaq GEMX Options 1,
Section 1(a)(36).
    \6\ For example, Cboe Options (``Cboe'') currently assesses a
$0.25 per contract customer transaction fee for MXEA and MXEF
options, $0.35 per contract for OEX and XEO options, and $0.36 per
contract (if premium <$1.00) or $0.45 per contract (if premium >=
$1.00) for SPX and SPESG options. See Cboe Fees Schedule.
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    The Exchange also proposes a change in Options 7, Section 1(c) to
add ``Non-Priority Customers'' as a defined term. The Exchange notes
that this term is already used in its Pricing Schedule,\7\ and aligns
with how it is currently used in the Pricing Schedule as well as with
the definition in the pricing schedule of its affiliate, Nasdaq ISE,
LLC (``ISE'').\8\ The Exchange will also capitalize the current
reference to ``non-Priority Customer'' in Options 7, Section 3,
footnote 11 to align with the proposed change to add Non-Priority
Customer as a defined term. The Exchange also proposes to alphabetize
the definitions in Options 7, Section 1(c) for better readability.
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    \7\ See e.g., Options 7, Section 3, footnotes 4 and 11.
    \8\ See ISE Options 7, Section 1(c).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\10\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among members and issuers and other persons using any facility,
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes it is reasonable to begin assessing Priority
Customer orders in NDX a $0.25 per contract fee because the proposed
pricing reflects the proprietary nature of this product. Similar to
other proprietary products, the Exchange seeks to recoup the
operational costs of listing such products.\11\ Also, pricing by symbol
is a common practice on many U.S. options exchanges as a means to
incentivize order flow to be sent to an exchange for execution in
particular products. Other options exchanges price by symbol.\12\
Further, the Exchange notes that market participants are offered
different ways to gain exposure to the Nasdaq 100 Index, whether
through the Exchange's proprietary products like NDX options, or
separately through multi-listed options overlying Invesco QQQ Trust
(``QQQ'').\13\ Offering such products provides market participants with
a variety of choices in selecting the product they desire to utilize in
order to gain exposure to the Nasdaq 100 Index. When exchanges are able
to recoup costs associated with offering proprietary products, it
incentivizes growth and competition for the innovation of additional
products.
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    \11\ By way of example, in analyzing an obvious error, the
Exchange would have additional data points available in establishing
a theoretical price for a multiply listed option as compared to a
proprietary product, which requires additional analysis and
administrative time to comply with Exchange rules to resolve an
obvious error.
    \12\ See supra note 6.
    \13\ QQQ is an exchange-traded fund based on the same Nasdaq 100
Index as NDX.
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    While the transaction fee for Priority Customer NDX orders is
increasing under this proposal, the Exchange believes that the proposal
is reasonable and would continue to incentivize market participants to
transaction in Priority Customer NDX orders because Priority Customers
would continue to be assessed a lower fee for NDX than Non-Priority
Customers (i.e., $0.25 versus $0.75 per contract). As a result, the
Exchange believes that the proposed pricing is structured in a way that
continues to encourage market participants, especially Priority
Customers, to transact in NDX on GEMX. As noted above, the proposed fee
amount is in line with customer transaction fees assessed on other
index products at another options exchange.\14\
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    \14\ See supra note 6.
---------------------------------------------------------------------------

    The Exchange's proposal to assess a $0.25 per contract transaction
fee to Priority Customer NDX orders is equitable and not unfairly
discriminatory it will apply uniformly to all similarly situated market
participants. The Exchange believes it is equitable and not unfairly
discriminatory to continue charging Priority Customers a lower
transaction fee because Priority Customer orders bring valuable
liquidity to the market by providing more trading opportunities, which,
in turn, attracts Market Makers. An increase in the activity of these
market participants in turn facilitates tighter spreads, which may
cause an additional corresponding increase in order flow to the benefit
of all market participants.
    Lastly, the Exchange believes that the proposed changes in Options
7, Section 1(c) to add ``Non-Priority Customers'' as a defined term, to
capitalize the reference to ``non-Priority Customer'' in footnote 11 of
Options 7, Section 3, and to alphabetize the definitions are
reasonable, equitable and not unfairly discriminatory. As noted above,
the term ``Non-Priority Customers'' is already used in the Exchange's
Pricing Schedule and codifying this definition in the manner it is used
today will bring greater clarity to the Exchange's rules to the benefit
of all market participants. The Exchange likewise believes that
alphabetizing the definitions in Options 7, Section 1(c) for better
readability will add more clarity to the Pricing Schedule.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. As noted above, market participants are offered

an opportunity to transact in NDX or separately execute options
overlying QQQ. Offering these products provides market participants
with a variety of choices in selecting the product they desire to use
to gain exposure to the Nasdaq 100 Index. Furthermore, the proposed fee
amount is in line with customer transaction fees assessed on other
index products at another options exchange.\15\
---------------------------------------------------------------------------

    \15\ See supra note 6.
---------------------------------------------------------------------------

    Further, the Exchange does not believe that its proposal to begin
assessing a $0.25 per contract transaction fee for Priority Customer
NDX orders will impose an undue burden on intra-market competition
because Priority Customers will continue to be assessed lower fees than
Non-Priority Customers for NDX orders. As discussed above, Priority
Customer order flow enhances liquidity on the Exchange for the benefit
of all market participants.
    Finally, the Exchange believes that the proposed changes in Options
7 to add Non-Priority Customers as a defined term, to capitalize the
reference to ``non-Priority Customer,'' and to alphabetize the Pricing
Schedule definitions do not impose an undue burden on competition
because these are non-competitive changes that are intended to bring
clarity to the Exchange's Pricing Schedule.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \16\ and Rule 19b-4(f)(2) \17\ 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: (i) necessary or
appropriate in the public interest; (ii) for the protection of
investors; or (iii) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \17\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-GEMX-2023-20 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-GEMX-2023-20. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-GEMX-2023-20 and should be
submitted on or before January 10, 2024.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-27915 Filed 12-19-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Notices]
[Pages 46962-46963]
[FR Doc No: 2013-18621]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0007]

Biosimilar User Fee Rates for Fiscal Year 2014

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the rates
for biosimilar user fees for fiscal year (FY) 2014. The Federal Food,
Drug, and Cosmetic Act (the FD&C Act), as amended by the Biosimilar
User Fee Act of 2012 (BsUFA), which was signed by the President on July
9, 2012, authorizes FDA to assess and collect user fees for certain
activities in connection with biosimilar biological product
development, for certain applications and supplements for approval of
biosimilar biological products, on establishments where approved
biosimilar biological product products are made, and on biosimilar
biological products after approval. BsUFA directs FDA to establish,
before the beginning of each fiscal year, the initial and annual
biosimilar biological product development (BPD) fees, the reactivation
fee, and the biosimilar biological product application, establishment,
and product fees. These fees are effective on October 1, 2013, and will
remain in effect through September 30, 2014.

FOR FURTHER INFORMATION CONTACT: David Miller, Office of Financial
Management (HFA-100), Food and Drug Administration, 1350 Piccard Dr.,
PI50, Rm. 210J, Rockville, MD 20850,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 744G, 744H, and 744I of the FD&C Act (21 U.S.C. 379j-51,
379j-52, and 379j-53), as added by BsUFA (Title IV of the Food and Drug
Administration Safety and Innovation Act, Pub. L. 112-144), establish
fees for biosimilar biological products. Under section 744H(a)(1)(A) of
the FD&C Act, the initial BPD fee for a product is due when the sponsor
submits an investigational new drug (IND) application that FDA
determines is intended to support a biosimilar biological product
application for the product, or within 5 calendar days after FDA grants
the first BPD meeting for the product, whichever occurs first. A
sponsor who has paid the initial BPD fee for a product is considered to
be participating in FDA's BPD Program for that product.
    Under section 744H(a)(1)(B) of the FD&C Act, once a sponsor has
paid the initial BPD fee for a product, the annual BPD fee for the
product is assessed beginning in the next fiscal year. The annual BPD
fee is assessed for the product each fiscal year until the sponsor
submits a marketing application for the product that is accepted for
filing, or discontinues participation in FDA's BPD Program for the
product.
    Under section 744H(a)(1)(D) of the FD&C Act, if a sponsor has
discontinued participation in FDA's BPD Program for a product, and
wants to again engage with FDA on development of the product as a
biosimilar biological product, the sponsor must pay a reactivation fee
to resume participation in the BPD Program for that product. The
reactivation fee is assessed when the sponsor submits an IND for an
investigation that FDA determines is intended to support a biosimilar
biological product application, or within 5 calendar days after FDA
grants the sponsor's request for a BPD meeting for a product, whichever
occurs first. Annual BPD fees will resume beginning in the fiscal year
after the year in which the reactivation fee was paid.
    BsUFA also establishes fees for certain types of applications and
supplements for approval of biosimilar biological products,
establishments where approved biosimilar biological products are made,
and on biosimilar biological products after approval (section
744H(a)(2), 744H(a)(3) and 744H(a)(4), respectively, of the FD&C Act).
When certain conditions are met, FDA may grant small businesses a
waiver from the biosimilar biological product application fee (section
744H(c)(1) of the FD&C Act).
    Under BsUFA, the initial and annual BPD fee rates for a fiscal year
are equal to 10 percent of the fee rate established under the
Prescription Drug User Fee Act (PDUFA) for an application requiring
clinical data for that FY. The reactivation fee is equal to 20 percent
of the fee rate established under PDUFA for an application requiring
clinical data for that fiscal year. Finally, the application,
establishment, and product fee rates under BsUFA are equal to the
application, establishment, and product fee rates under PDUFA,
respectively.

II. Fee Amounts for FY 2014

    BsUFA directs FDA to use the yearly fee amounts established for
PDUFA to calculate the biosimilar biological product fee rates in each
fiscal year. For more information about BsUFA, please refer to the FDA
Web site at http://www.fda.gov/ForIndustry/UserFees/BiosimilarUserFeeActBsUFA/default.htm. PDUFA fee calculations for FY
2014 are published elsewhere in this issue of the Federal Register. The
BsUFA fee calculations for FY 2014 are described in this document.

A. Initial and Annual BPD Fees; Reactivation Fees

    Under BsUFA, the initial and annual BPD fees equal 10 percent of
the PDUFA fee for an application requiring clinical data, and the
reactivation fee equals 20 percent of the PDUFA fee for an application
requiring clinical data. The FY 2014 fee for an application requiring
clinical data under PDUFA is $2,169,100. Multiplying the PDUFA
application fee, $2,169,100, by .1 results in FY 2014 initial and
annual BPD fees of $216,910. Multiplying the PDUFA application fee,
$2,169,100, by .2 results in an FY 2014 reactivation fee of $433,820.

B. Application and Supplement Fees

    The FY 2014 fee for a biosimilar biological product application
requiring clinical data equals the PDUFA fee for an application
requiring clinical data, $2,169,100, and the FY 2014 fee for a
biosimilar biological product application not requiring clinical data
equals half this amount, $1,084,550. However, under section
744H(a)(2)(A) of the FD&C Act, if a sponsor that submits a biosimilar
biological product application has previously paid initial BPD fees,
annual BPD fees, and/or reactivation fees for the product that is the
subject of the application, the fee for the application is reduced by
the cumulative amount of these previously paid fees. The FY 2014 fee
for a biosimilar biological product supplement with clinical data is
$1,084,550, which is half the fee for a biosimilar biological product
application requiring clinical data.

C. Establishment Fee

    The FY 2014 biosimilar biological product establishment fee is set
equal to the FY 2014 PDUFA establishment fee of $554,600.

D. Product Fee

    The FY 2014 biosimilar biological product fee is set equal to the
FY 2014 PDUFA product fee of $104,060.

III. Fee Schedule for FY 2014

    The fee rates for FY 2014 are set out in Table 1.

                    Table 1--Fee Schedule for FY 2014
------------------------------------------------------------------------
                  Fee category                    Fee rates for FY 2014
------------------------------------------------------------------------
Initial BPD....................................                 $216,910
Annual BPD.....................................                  216,910
Reactivation...................................                  433,820
Applications \1\                                 .......................
  Requiring clinical data......................                2,169,100
  Not requiring clinical data..................                1,084,550
Supplement requiring clinical data.............                1,084,550
Establishment..................................                  554,600
Product........................................                  104,060
------------------------------------------------------------------------
\1\ Under section 744H(a)(2)(A) of the FD&C Act, if a sponsor that
  submits a biosimilar biological product application has previously
  paid initial BPD fees, annual BPD fees, and/or reactivation fees for
  the product that is the subject of the application, the fee for the
  application is reduced by the cumulative amount of these previously
  paid fees.

IV. Fee Payment Options and Procedures

A. Initial BPD, Reactivation, Application, and Supplement Fees

    The fees established in the new fee schedule are effective October
1, 2013. The initial BPD fee for a product is due when the sponsor
submits an IND that FDA determines is intended to support a biosimilar
biological product application for the product, or within 5 calendar
days after FDA grants the first BPD meeting for the product, whichever
occurs first. For sponsors who have discontinued participation in the
BPD Program, a reactivation fee will be due when the sponsor submits an
IND for an investigation that FDA determines is intended to support a
biosimilar biological product application, or within 5 calendar days
after FDA grants the sponsor's request for a BPD meeting for a product,
whichever occurs first.
    The application or supplement fee for a biosimilar biological
product is due upon submission of the application or supplement.
    To make a payment of the initial BPD, reactivation, supplement, or
application fee, you must complete the Biosimilar User Fee Cover Sheet,
available on FDA's Web site (http://www.fda.gov/ForIndustry/UserFees/BiosimilarUserFeeActBsUFA/default.htm) starting October 1, 2013, and
generate a user fee identification (ID) number. Payment must be made in
U.S. currency by electronic check, check, bank draft, U.S. postal money
order, or wire transfer.
    FDA has partnered with the U.S. Department of the Treasury to use
Pay.gov, a Web-based payment application, for online electronic
payment. The Pay.gov feature is available on FDA's Web site after
completing the Biosimilar User Fee Cover Sheet and generating the user
fee ID number.
    Please include the user fee ID number on your check, bank draft, or
postal money order, and make it payable to the order of the Food and
Drug Administration. Your payment can be mailed to: Food and Drug
Administration, P.O. Box 979108, St. Louis, MO 63197-9000. If checks
are to be sent by a courier that requests a street address, the courier
can deliver the checks to: U.S. Bank, Attention: Government Lockbox
979108, 1005 Convention Plaza, St. Louis, MO 63101. (Note: This U.S.
Bank address is for courier delivery only.) Please make sure that the
FDA post office box number (P.O. Box 979108) is written on the check,
bank draft, or postal money order.
    If paying by wire transfer, please reference your unique user fee
ID number when completing your transfer. The originating financial
institution may charge a wire transfer fee. Please ask your financial
institution about the fee and include it with your payment to ensure
that your fee is fully paid. The account information is as follows: New
York Federal Reserve Bank, U.S. Department of Treasury, TREAS NYC, 33
Liberty St., New York, NY 10045, Acct. No.: 75060099, Routing No.:
021030004, SWIFT: FRNYUS33, Beneficiary: FDA, 1350 Piccard Dr.,
Rockville, MD, 20850.
    The tax identification number of FDA is 53-0196965.

B. Annual BPD, Establishment, and Product Fees

    FDA will issue invoices for annual BPD, biosimilar biological
product establishment, and biosimilar biological product fees under the
new fee schedule in August 2013. Payment instructions will be included
in the invoices. Payment will be due on October 1, 2013. FDA will issue
invoices in November 2014 for any annual BPD, products and
establishments subject to fees for FY 2014 that qualify for fee
assessments after the August 2013 billing.

    Dated: July 29, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-18621 Filed 8-1-13; 8:45 am]
BILLING CODE 4160-01-P