[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Rules and Regulations]
[Pages 26443-26445]
[FR Doc No: 2015-11176]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0287]
RIN 1625-AA00

Safety Zone, Pamlico River; Washington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Pamlico River in Washington, NC. This action is necessary to protect
the life and property of the maritime public from the hazards posed by
fireworks displays. Entry into or movement within the safety zone
during the enforcement period is prohibited without approval of the
Captain of the Port or his designated Representative.

DATES: This rule is effective from 8:30 p.m. to 9:30 p.m. on May 25,
2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0287]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Derek J. Burrill, Waterways Management Division Chief,
Sector North Carolina, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is required to
provide for the safety of mariners on the navigable waters during the
fireworks display on May 25, 2015. Delaying the effective date for
comment would be contrary to the public interest, since immediate
action is needed to ensure protection of persons and vessels transiting
the area.
    For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and DHS Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones.
    The purpose of this safety zone is to protect mariners and the
public from hazards to navigation associated with the fireworks
displays on Pamlico River in Washington, NC on May 25, 2015.

C. Discussion of the Final Rule

    On May 25, 2015, the Washington Harbor District Alliance will
sponsor a fireworks display for the ``Memorial Day Event'' at a
position located on the southwest shore of the Pamlico River in
Washington, NC at latitude 35[deg]32'25'' N longitude 077[deg]03'42''
W. The fireworks debris fallout area will extend over the navigable
waters of the Pamlico River. Due to the need to protect mariners and
spectators from the hazards associated with the fireworks display,
including accidental discharge of fireworks, dangerous projectiles, and
falling hot embers or other debris, vessel traffic will be temporarily
restricted from transiting within the fireworks launch and fallout
area. This safety zone will be established and enforced from 8:30 p.m.
to 9:30 p.m. on May 25, 2015.
    Access to the safety zone will be restricted during the specified
date and times. Except for vessels authorized by the Captain of the
Port or his Representative, no person or vessel may enter or remain in
the regulated area. The Captain of the Port will give notice

of the enforcement of the safety zone by all appropriate means to
provide the widest dissemination of notice to the affected segments of
the public. This will include publication in the Local Notice to
Mariners and Marine Information Broadcasts.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    Although this safety zone restricts vessel traffic through the
regulated area, the effect of this rule will not be significant
because: (i) This rule is of limited size and duration, and (ii) this
rule will be well publicized to allow mariners to make alternative
plans for transiting the affected area.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in waters of the Pamlico River within a 300 yard
radius of latitude 35[deg]32'25'' N, longitude 077[deg]03'42'' W
position during the enforcement period.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
safety zone is of limited size and duration, and (ii) maritime
advisories will be issued in advance allowing mariners to adjust their
plans accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National

Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule involves the establishment of a safety
zone. This rule is categorically excluded from further review under
paragraph 34-g of Figure 2-1 of the Commandant Instruction. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T05-0287 to read as follows:

165.T05-0287  Safety Zone, Pamlico River; Washington, North Carolina

    (a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector North Carolina. Representative means
any Coast Guard commissioned, warrant or petty officer who has been
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: specified waters
of the Pamlico River within a 300 yard radius of latitude
35[deg]32'25'' N, longitude 077[deg]03'42'' W in Washington, North
Carolina.
    (c) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into or remaining in this safety zone is
prohibited unless authorized by the Captain of the Port, North Carolina
or his designated representatives.
    (2) The Captain of the Port, North Carolina or his designated
Representative can be reached at telephone number<PHONE_NUMBER>.
    (3) The Coast Guard vessels enforcing the safety zone can be
contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
    (d) Enforcement period. This rule will be enforced from 8:30 p.m.
to 9:30 p.m. on May 25, 2015.

    Dated: April 27, 2015.
S. R. Murtagh,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2015-11176 Filed 5-7-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Notices]
[Page 40258-40259]
[DOCID:fr11au09-134]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60444; File No. SR-BX-2009-044]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
Fee Schedule of the Boston Options Exchange Facility To Implement The
Non-Penny Pilot Class Pricing Structure

August 5, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 30, 2009, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the self-regulatory organization. The Exchange filed
the proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the
Act,\3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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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 Fee Schedule of the Boston
Options Exchange Group, LLC (``BOX''). The text of the proposed rule
change is available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's Internet
Web site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 add the Non-Penny Pilot Class Pricing
Structure as Section 8 of the BOX Fee Schedule. The Non-Penny Pilot
Class Pricing Structure will apply to all classes listed for trading on
BOX that are not included in the Penny Pilot Program, as referenced in
Chapter V, Section 33 of the BOX Rules (``Non-Penny Pilot
Classes'').\5\ The Exchange requests that the effective date of the
proposed rule change be August 3, 2009.
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    \5\ A recent proposal submitted by the Exchange for immediately
effectiveness removed the following three (3) exchange-traded fund
share classes from the Liquidity Make or Take pricing structure: (1)
Standard & Poor's Depositary Receipts[supreg] (SPY); (2)
Powershares[reg] QQQ Trust Series 1 (QQQQ); and (3) iShares Russell
2000[supreg] Index Fund (IWM). See Securities Exchange Act Release
No. 60221 (July 1, 2009), 74 FR 32996 (July 9, 2009) (SR-BX-2009-
033). These three classes will remain subject only to `standard'
fees.
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    In proposed Section 8, for Non-Penny Pilot Classes, the Exchange
will charge a fee of $0.30 for transactions that add liquidity to the
BOX Book and provide a credit of $0.30 for transactions that remove
liquidity from the BOX Book. These fees and credits will apply equally
to all account types, whether Public Customer, Firm or Market Maker and
will be in addition to any applicable `standard' trading fees and/or
volume discounts, as described in Sections 1 through 4 of the BOX Fee
Schedule.\6\
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    \6\ Corresponding changes to Sections 1, 2, 3, and 4 of the Fee
Schedule are being proposed to reflect the addition of the Non-Penny
Pilot Class Pricing Structure. The Volume Discount will continue to
be applicable for classes not included in The Liquidity Make or Take
Pricing Structure of Section 7 of the Fee Schedule.
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    For example, a Public Customer order is entered into the BOX
Trading Host and executes against a Broker Dealer's order resting on
the BOX Book. The Public Customer is the remover of liquidity and the
Broker Dealer is the adder of liquidity. The Public Customer will
receive a $0.30 credit and the Broker Dealer will be charged a $0.30
fee according to the Non-Penny Pilot Class pricing structure. The
Public Customer will receive a $0.30 credit and the broker dealer will
be charged $0.50 (the $0.30 Non-Penny Pilot Class Pricing Structure
removal fee in addition to the standard $0.20 transaction fee).
    The Exchange believes that the proposed fees are competitive, fair
and reasonable, and non-discriminatory in

that they apply equally to all BOX Participants and customers. This
proposal is in response to various `Payment for Order Flow' programs
currently in operation on other options exchanges. The Exchange will
monitor the trading of options on these Non-Penny Pilot Classes to
ensure that the proposal is operating in a fashion that promotes the
interests of investors.
    The Exchange also proposes to make a non-substantive change to
Section 3 of the Fee Schedule to reflect that the differentiation
between Market Maker volume in assigned and unassigned classes is no
longer pertinent for billing purposes.\7\
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    \7\ See Securities Exchange Act Release No. 59865 (May 5, 2009),
74 FR 22198 (May 12, 2009) (SR-BX-2009-022).
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2. Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\8\ in general, and Section
6(b)(4) of the Act,\9\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities. In
particular, the proposed change will allow the fees charged on BOX to
remain competitive with other exchanges.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
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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

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

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 Exchange Act \10\ and Rule 19b-4(f)(2)
thereunder,\11\ because it establishes or changes a due, fee, or other
charge applicable only to a member.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that the action is necessary or appropriate
in the public interest, for the protection of investors, or would
otherwise further 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-BX-2009-044 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-BX-2009-044. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2009-044 and should be
submitted on or before September 1, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-19146 Filed 8-10-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 172 (Wednesday, September 7, 2022)]
[Notices]
[Pages 54746-54748]
[FR Doc No: 2022-19225]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95647; File No. SR-CBOE-2022-043]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Rule Relating to Minimum Market-Maker Quote Size

August 31, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 25, 2022, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the Exchange. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend its Rule relating to minimum Market-Maker quote size. The text
of the proposed rule change is provided below.

(additions are italicized; deletions are [bracketed])
* * * * *

Rules of Cboe Exchange, Inc.

* * * * *

Rule 5.52. Market-Maker Quotes

    (a) No change.
    (b) Size. A Market-Maker's bid (offer) for a series must be
accompanied by the minimum number of contracts determined by the
Exchange on a class-by-class basis, and if the Exchange determines
on a premium basis and/or expiration basis for series with
expirations (1) no more than one week, (2)

between one week and two weeks, (3) between two weeks and one month,
(4) between one month and two months, (5) between two months and
three months, (6) between three months and six months, (7) between
six months and nine months, (8) between nine months and 15 months,
and (9) 15 months or more, the minimum of which will be one contract
at the price of the bid (offer) the Market-Maker is willing to buy
(sell). The System rejects a Market-Maker's bid (offer) that does
not meet the minimum initial quote size determined by the Exchange
for that class.
    [(1) For SPX, the Exchange may also determine a minimum initial
quote size on a premium basis and an expiration basis for series
with expirations (1) no more than one week, (2) between one week and
three months, (3) between three months and six months, (4) between
six months and 15 months, and (5) 15 months or more.
    (2)] The obligation of Market-Makers to make competitive markets
under Rule 5.51 does not preclude Trading Permit Holders in a
trading crowd from discussing a request for a market that is greater
than the disseminated size for that option class, for the purpose of
making a single bid (offer) based upon the aggregate of individual
bids (offers) by Trading Permit Holders in the trading crowd, but
only when the Trading Permit Holder representing the order asks for
a single bid (offer). Whenever a single bid (offer) pursuant to this
paragraph is made, such bid (offer) is a firm quote, and each ICMP
participating in the bid (offer) must fulfill his portion of the
single bid (offer) at the single price.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 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 its Rule relating to minimum Market-
Maker quote size. Specifically, the Exchange proposes to amend Rule
5.52(b) \5\ to permit the Exchange to determine a minimum initial quote
size on a premium basis and/or an expiration basis for any option
class, not just S&P 500 Index (``SPX'') options.\6\ Currently, Rule
5.52 permits the Exchange to determine a minimum initial quote size on
a class-by-class basis. Subparagraph (b)(1) of that rule also permits
the Exchange, for SPX, to determine a minimum initial quote size on a
premium and an expiration basis for series with expirations (1) no more
than one week, (2) between one week and three months, (3) between three
months and six months, (4) between six months and 15 months, and (5) 15
months or more.
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    \5\ The proposed rule change moves the language from Rule
5.52(b)(1), as amended, into the main part of Rule 5.52(b). As a
result, the proposed rule change deletes the numbering for
subparagraph (2), as that would be the only subparagraph for Rule
5.52(b) and thus will no longer require numbering.
    \6\ The Exchange will announce any minimum quote size
requirements for any class with sufficient advance notice in
accordance with Rule 1.5.
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    While different classes may exhibit different trading
characteristics, which make different minimum quote sizes appropriate
as permitted by the current Rule, the same may be true of series with
different premiums and expirations within a class to ensure the quote
size is not burdensome on Market-Makers. For example, series with
higher premiums or farther expirations generally have wider spreads and
lower trading volumes, and positions in those series carry additional
risk. These characteristics make lower minimum quote size requirements
more appropriate and less burdensome on Market-Makers. This is
generally true for all classes, not just SPX options.
    Therefore, the Exchange proposes to permit the Exchange to
determine minimum initial quote size on a premium and/or expiration
basis for all classes.\7\ Additionally, it proposes to amend the
groupings of expirations to provide the Exchange with sufficient
flexibility to determine minimum quote sizes appropriate for each
class. Specifically, the proposed rule change will permit the Exchange
to determine the minimum quote size for any class on a premium basis
and/or expiration basis for series with expirations (1) no more than
one week, (2) between one week and two weeks, (3) between two weeks and
one month, (4) between one month and two months, (5) between two months
and three months, (6) between three months and six months, (7) between
six months and nine months, (8) between nine months and 15 months, and
(9) 15 months or more.\8\ To the extent the Exchange determines the
minimum quote size for a class will not be on a premium and/or
expiration basis, the Exchange will determine the minimum quote size
for that class as it does today, which is determining a minimum quote
size for all series in that class.
---------------------------------------------------------------------------

    \7\ The minimum quote size must continue to be at least one
contract at the price of the bid (offer) the Market-Maker is willing
to buy (sell). The System rejects a Market-Maker's bid (offer) that
does not meet the minimum initial quote size determined by the
Exchange for that class.
    \8\ As noted above, Rule 5.52(b)(1) already permits the Exchange
to set minimum quote sizes on a premium and expiration basis for SPX
options. The proposed expiration groupings will permit the Exchange
to determine minimum quote sizes for SPX options in the same manner
as it does today, as it could determine the same minimum quote size
for multiple expiration groupings to conform to the current
expiration groupings (for example, the same minimum quote size for
proposed expiration groups two through five is equivalent to having
a minimum quote size equal to current expiration group two).
---------------------------------------------------------------------------

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.\9\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \10\ 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) \11\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule change will
promote just and equitable principles of trade by permitting the
Exchange to impose more effective and not overly burdensome minimum
size requirements on Market-Makers in all classes, which the Exchange
believes will lead to continued liquidity on the Exchange, ultimately
benefiting investors. The

Exchange believes the proposed rule change maintains an appropriate
balance of obligations and benefits. The Exchange believes it is
appropriate to have authority to establish minimum quote sizes in a
class on an expiration or premium basis to reflect the different
trading characteristics of those series within that class. The Exchange
believes these proposed changes will continue to incentivize Market-
Makers to have appointments in any class in which the Exchange may
impose minimum quote size requirements on a premium or expiration
basis, which increases liquidity and in general protects investors.

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. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the Act because any minimum size requirements the
Exchange imposes in a class on a premium or expiration basis will apply
in the same manner to all Market-Makers with appointments in that
class. The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the Act because it relates solely to
quoting obligations the Exchange imposes on Market-Makers on the
Exchange. The Exchange believes the proposed rule change will maintain
an appropriate balance of Market-Maker obligations and benefits and
will permit the Exchange to impose more effective minimum size
requirements in a class without being overly burdensome on Market-
Makers given the differing trade characteristics applicable to series
with different expirations and premiums.

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: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \12\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
---------------------------------------------------------------------------

    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) \14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-CBOE-2022-043 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2022-043. 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-CBOE-2022-043 and should be submitted on
or before September 28, 2022.
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-19225 Filed 9-6-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Pages 76058-76059]
[FR Doc No: 2010-30575]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63400; File No. SR-OPRA-2010-04)

 Options Price Reporting Authority; Notice of Filing and
Immediate Effectiveness of Proposed Amendment To Revise Section 4.04 of
the Data Recipient Interface Specification and Section 4.15 of the
Participant Interface Specification and Make Conforming Changes to
Appendix D

November 30, 2010.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that
on November 9, 2010, the Options Price Reporting Authority (``OPRA'')
submitted to the Securities and Exchange Commission (``Commission'') an
amendment to the Plan for Reporting of Consolidated Options Last Sale
Reports and Quotation Information (``OPRA Plan'').\3\ The proposed
amendment would make identical changes to Section 4.04 of OPRA's Data
Recipient Interface Specification and Section 4.15 of its Participant
Interface Specification (both Specifications are collectively referred
to herein as the ``OPRA Spec''), which govern the format in which
options market information is input to and disseminated from the OPRA
Processor, in order to add message type codes specifying that either
the bid side or the offer side, but not both sides, of a quotation is
not firm. OPRA also proposes to make a conforming change to Appendix D
of the OPRA Spec describing Best Bid and Offer (BBO) calculations.
Sections 4.04 and 4.15 and Appendix D of the OPRA Spec, marked to show
the changes proposed to be made, are attached as Exhibits 1.1, 1.2 and
1.3, respectively, to the OPRA Plan amendment.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder (formerly Rule 11Aa3-2). See Securities Exchange Act
Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March 31,
1981). The full text of the OPRA Plan is available at http://www.opradata.com.
     The OPRA Plan provides for the collection and dissemination of
last sale and quotation information on options that are traded on
the participant exchanges. The nine participants to the OPRA Plan
are BATS Exchange, Inc., Chicago Board Options Exchange,
Incorporated, C2 Options Exchange, Incorporated, International
Securities Exchange, LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX,
Inc., NASDAQ Stock Market LLC, NYSE Amex, Inc., and NYSE Arca, Inc.
---------------------------------------------------------------------------

    The Commission is publishing this notice to solicit comments from
interested persons on the proposed OPRA Plan amendment.

I. Description and Purpose of the Plan Amendment

    The purpose of this filing is to revise Sections 4.04 and 4.15 of
the OPRA Spec, which set forth message type codes indicating the
characteristics of particular disseminated options quotations, in order
to add codes specifying that either the bid side or the offer side, but
not both sides, of a quotation is not firm. Under Sections 4.04 and
4.15 as currently in effect, code ``F'' is appended to a quotation
where both the bid side and the offer side are not firm. This code may
be used, for example, where systems or communications problems at an
exchange prevent that exchange from sending firm quotes to OPRA for
dissemination, but where the exchange is capable of providing non-firm
quotes to indicate some sense of its market notwithstanding its systems
problems. Even if an exchange is not having systems problems, it might
use code ``F'' to indicate that its quotes are not available for
automatic execution because, for example, the quotes are disseminated
outside of the hours when automatic execution facilities are in use.
However, there are no codes in Sections 4.04 and 4.15 to indicate that
one side of a quote is not firm while the other side is firm. This
situation could arise, for example, when an exchange is in the process
of collecting liquidity, either during an auction or when there is a
price-driven integrity pause. In this situation, OPRA believes it would
be more useful to OPRA subscribers if the affected exchange and OPRA
could indicate that one side of a quote is firm and the other side is
not firm rather than not displaying the quote at all or displaying it
under the ``F'' code, which would incorrectly indicate that neither
side of the quote is firm.
    In the absence of a one-side only non-firm code, in accordance with
the current OPRA Spec, exchanges have displayed a zero value for the
price and size of that side of a quote that is not firm while showing
the actual price and size of the firm side of the quote. This has
proved to be a less than optimal solution because it does not provide a
way to indicate that there is bid or offer interest even if it is not
available for automatic execution at that time. Bidding or offering at
zero price and zero size means that no offer side or no bid side
interests exists, which may not correctly reflect the actual state of
the market. For this reason, OPRA is now proposing to add to Sections
4.04 and 4.15 of the OPRA Spec two new codes:

``X'' to indicate that the offer side of a quote is not firm while the
bid side is firm, and ``Y'' to indicate that the bid side of a quote is
not firm while the offer side is firm. The use of ``X'' and ``Y'' in
these circumstances is similar to the use of ``E'' and ``F'' by the CQS
network in respect of stock quotations (the letter ``F'' is already
used by OPRA and thus is unavailable for this purpose), so the concept
should be familiar to most OPRA subscribers.
    Consistent with the addition of these two new codes to Sections
4.04 and 4.15, Appendix D of the OPRA Spec, which describes how options
Best Bids and Offers (BBOs) are determined, is proposed to be revised
to provide that when one side of a quote is indicated as not firm, that
side will not be considered for the purpose of determining what is the
BBO in the subject option, but the firm side of the quote will be so
considered.
    The text of the proposed amendment to the OPRA Plan is available at
OPRA, the Commission's Public Reference Room, http://opradata.com, and
on the Commission's Web site at http://www.sec.gov.

II. Implementation of the OPRA Plan Amendment

    OPRA designated this amendment as qualified to be put into effect
upon filing with the Commission in accordance with clause (iii) of
paragraph (b)(3) of Rule 608 under the Act \4\ since the proposed
changes to the Data Recipient Interface Specification and Participant
Interface Specification are solely technical or ministerial in nature.
OPRA intends to implement the revised OPRA Spec in late January or
early February, 2011, when the necessary systems work is expected to be
completed by OPRA's Processor. As required by OPRA's Vendor and
Subscriber Agreements, OPRA will provide its Vendors and Subscribers
with not less than sixty days notice of this change.
---------------------------------------------------------------------------

    \4\ 17 CFR 242.608(b)(3)(iii).
---------------------------------------------------------------------------

    The Commission may summarily abrogate the amendment within sixty
days of its filing and require refiling and approval of the amendment
by Commission order pursuant to Rule 608(b)(2) under the Act \5\ if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or the
maintenance of fair and orderly markets, to remove impediments to, and
perfect the mechanisms of, a national market system, or otherwise in
furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \5\ 17 CFR 242.608(b)(2).
---------------------------------------------------------------------------

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed OPRA
Plan amendment 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 No. SR-OPRA-2010-04 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-OPRA-2010-04. 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 plan amendment that are
filed with the Commission, and all written communications relating to
the proposed plan amendment between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of OPRA.
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-OPRA-2010-04
and should be submitted on or before December 28, 2010.
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(29).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-30575 Filed 12-6-10; 8:45 am]
BILLING CODE 8011-01-P


                                 Attachment C
                         Guidance on IR-4 Exemptions
See web site at: https://www.epa.gov/pria-fees/guidance-ir-4-exemptions


[Federal Register: February 4, 2008 (Volume 73, Number 23)]
[Rules and Regulations]
[Page 6427-6430]
[DOCID:fr04fe08-6]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1085; FRL-8519-1]

Final Rule; Ohio; Revised Oxides of Nitrogen (NOX) Regulation,
Phase II, and Revised NOX Trading Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving a revision to the Ohio oxides of nitrogen
(NOX) State Implementation Plan (SIP) containing provisions
which control emissions of NOX from large internal
combustion (IC) engines, makes corrections to typographical errors in
the previously approved Phase I NOX SIP, and expands the
definition of NOX budget unit. This approval requires
reductions in NOX emissions from large IC engines, based on
cost-effective control measures. Large IC engines are defined in the
State rule as emitting one ton or more of NOX per day during
the ozone season. The Ohio NOX SIP Call IC engine inventory
is based on the inventory of IC engines compiled by EPA as part of the
NOX SIP Call rule. Including these engines in the Ohio plan
reduces NOX to a level at which the State will meet its
ozone season NOX budget. EPA is approving the State's
revision because it satisfies the Federal requirements for Phase II
sources and demonstrates that these rules will meet the Phase II budget
for Ohio.

DATES: This direct final rule is effective April 4, 2008 without
further notice, unless EPA receives adverse comment by March 5, 2008.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1085, by one of the following methods:
    I. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    II. E-mail<EMAIL_ADDRESS>    III. Fax:<PHONE_NUMBER>
    IV. Mail: Reference EPA-R05-OAR-2007-1085 Docket, Air Programs
Branch, U.S. Environmental Protection Agency, (AR-18J), 77 West Jackson
Boulevard, Chicago, Illinois 60604.
    V. Hand Delivery or Courier: John Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch, U.S. Environmental Protection Agency (AR-
18J), 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R05-OAR-
2007-1085''. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
http://www.regulations.gov or e-mail, information that you consider to be CBI

or otherwise protected. The http://www.regulations.gov Web site is an

``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters and any form of encryption and should be
free of any defects or viruses. For additional information about EPA's
public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., 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 either electronically at http://www.regulations.gov or

in hard copy at the Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
EPA requests that if at all possible, you

contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria
Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. The telephone number is<PHONE_NUMBER>. Mr. Paskevicz
can also be reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the U.S. Environmental Protection Agency.

Table of Contents

I. Does this rule apply to me?
II. The State's Submittal
    A. Why did the State submit this revision and how does it fit in
with the State's NOX plan?
    B. What did Ohio submit?
III. EPA's Evaluation and Final Action
    A. Is the Ohio submittal complete?
    B. Did the State submit the revision in time to meet EPA
requirements?
    C. Does the Ohio submittal meet the evaluation criteria?
IV. What action is EPA taking today?
V. Statutory and Executive Order Reviews

I. Does this rule apply to me?

    This rule applies to owners or operators of any large
NOX SIP Call stationary internal combustion engines as
defined in the State rule and located in the State of Ohio. A ``large
NOX SIP Call engine'' means any engine in the Ohio
NOX SIP Call engine inventory emitting more than one ton of
NOX emissions per control period day in 1995. Ohio used the
EPA 1995 baseline inventory list that contained the NOX
emission units for all of the States including Ohio. A search of that
list shows that there are 12 large lean burn IC engines, as described
by EPA, in Ohio. These engines are located at pipeline pumping stations
and are required by State rule to meet the NOX SIP Call
Phase II budget. Compliance plans are expected to show that control of
these 12 units will bring about reductions of NOX to meet
the portion of the NOX budget associated with these units.

II. The State's Submittal

A. Why did the State submit this revision and how does it fit in with
the State's NOX plan?

    In order to reduce ozone transport in the eastern part of the
United States, the EPA issued the NOX SIP Call on October
27, 1998, (63 FR 57356) to reduce emissions of NOX, a
precursor of ozone. Subsequent litigation affecting this SIP Call
prompted the EPA to divide the SIP Call into two phases. The majority
of the SIP Call was upheld by the D.C. Circuit Court of Appeals and
these requirements became Phase I of the SIP Call. A second phase of
the SIP Call was necessary to address the portions of the October 1998
action which were vacated or remanded to EPA by the Court. EPA
published the final Phase II Rule on April 21, 2004 (69 FR 21604). The
plans that cover the portion of the rule re-issued after the Court
decision are known as ``Phase II'' SIPs and were due to be submitted to
EPA on April 1, 2005, with full compliance by May 1, 2007. The Ohio
plan revision was received by EPA on June 16, 2005. Additional
information regarding compliance plan approval by Ohio was provided on
November 7, 2006.
    In addition to the Phase II rule, EPA published a draft example
rule on September 15, 2004, for States to use as a model for their
State rules. A copy of this draft example rule is available at the Web
site: http://www.epa.gov/ttn/oarpg/t1/meta/m25546.html. Coincidental

with the draft example rule EPA provided a list of questions and
answers for use by States in response to some common questions
expressed by the regulated community. (http://www.epa.gov/ttn/oarpg/t1/reports/23814qnaasfin.pdf
) The EPA Phase II rule identifies the

incremental budget for Ohio which the State is expected to comply with
in order to fulfill the requirements of the NOX SIP Call.

B. What did Ohio submit?

    Ohio's revision contains rules which add IC engines to the list of
affected sources of NOX. The revision also includes some
language changes to the original NOX SIP, and also changes
in definitions and the addition of specific language for cogeneration
units. These changes are located in OAC 3745-14-01, -05, and -12, and
Appendix B.
    OAC 3745-14-01 was changed in the areas of Definitions and
Applicability. Ohio made changes in the Definitions section addressing
continuous emissions monitoring, linking the language to Ohio rule
3745-14-08, and 40 CFR part 75, and expanded the language in the
state's rule pertaining to automated data acquisition and handling
system and NOX monitoring. An additional list of definitions
was added pertaining to IC engines, clearly defining to which source
types this rule applies. In the applicability portion of the rule a
separate section addressing (and including) cogeneration units was
added.
    A number of minor wording revisions were made in OAC 3745-14-05,
relating to Ohio's incorporation by reference of EPA's technical
amendments to the NOX SIP Call Rule and ASTM standard test
methods for several pollutants including NOX. This State
rule revision includes Appendix B to the chapter, and lists the non-
electric generating unit's (non-EGU) annual NOX allowance
allocations. This appendix contains corrections to errors on the list
made in the point identification portion of the State's Appendix B for
non-EGUs.
    OAC 3745-14-12, Stationary internal combustion engines, is an
entirely new rule which applies to large NOX SIP Call
engines as defined in OAC 3745-14-01. The rule lists the requirements
for a compliance plan, and the requirements for monitoring,
recordkeeping and reporting of data.

III. EPA's Evaluation and Final Action

A. Is the Ohio submittal complete?

    Yes, Ohio submitted a complete SIP revision. The revision is
complete from the point of view of satisfying the Ohio state code for
submitting State plans to EPA. And the revision is complete based on
the requirements of 40 CFR part 51, Appendix V.
    This revision augments a number of earlier revisions to the Ohio
NOX SIP Call. On August 5, 2003, 68 FR 46089, EPA published
a final rule giving conditional approval of the Ohio NOX SIP
Call plan, following receipt of a written commitment from Ohio to
revise the flow control date.
    On June 27, 2005, 70 FR 36845, EPA published a final rule approving
the Ohio revision which excludes carbon monoxide boilers at fluid
catalytic cracking units in oil refineries from Ohio's NOX
trading program.

B. Did the State submit the revision in time to meet EPA requirement?

    The State Phase II SIP was required to be submitted one year
following the approval by the EPA Administrator establishing the final
full NOX budgets for States subject to the NOX
SIP Call. The final full NOX budget rule was signed by the
administrator on April 1, 2004. (69 FR 21604) The revised State plans
were due on April 1, 2005. The Ohio plan was received by EPA on June
16, 2005.

C. Does the Ohio submittal meet the evaluation criteria?

    EPA evaluated the Ohio plan submittal based on the guidance EPA

provided to states affected by the NOX SIP Call. We are
satisfied that the plan submitted by Ohio meets this guidance. EPA
published an example rule (EPA guidance) illustrating a means by which
States can meet the NOX SIP Call Phase II requirements. The
example rule contained: A set of new definitions associated with
stationary internal combustion engines; a description of a compliance
plan containing provisions applicable to each owner/operator of a large
IC engine; and a detailed list of reporting, monitoring, and
recordkeeping requirements with which an owner/operator must comply. We
reviewed the Ohio Phase II submittal against our example rule and find
the Ohio IC engine rule to be consistent with applicable elements of
the EPA example rule.
    Ohio also included an incorporation by reference (in OAC 3745-14-
01) of: (1) A standard test method for determining NOX
concentrations in emissions from natural gas-fired reciprocating
engines, combustion turbines, boilers, and process heaters using
portable analyzers; (2) Technical Amendment to the Finding of
Significant Contribution and Rulemaking for Certain States for Purposes
of Reducing Regional Transport of Ozone, (65 FR 11222, March 2, 2000);
and, (3) Interstate Ozone Transport Response to Court Decisions on the
NOX SIP Call, NOX SIP Call Technical Amendments,
and Section 126 Rules (69 FR 21603, April 21, 2004.)

IV. What action is EPA taking?

    EPA is approving the revision to the Ohio NOX SIP Call
which adds provisions affecting large stationary internal combustion
engines. We are also approving a number of changes to the State's plan
including the revised budget demonstration for IC engines, rule changes
affecting continuous emissions monitoring, and additional language
affecting cogeneration units.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves State law as making progress toward meeting Federal
requirements and would impose no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this rule would not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). Because this action approves pre-existing requirements
under State law and would not impose any additional enforceable duty
beyond that required by State law, it 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).
    This rule also does not have tribal implications because it would
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it would 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 (64
FR 43255, August 10, 1999). This action approves a State rule making
progress toward implementing a Federal standard. It does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This rule also is not subject to
Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it would approve a State rule making progress toward implementing a
Federal Standard.
    In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule would not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 4, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Reporting
and recordkeeping requirements.

    Dated: January 11, 2008.
Gary Gulezian,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart KK--Ohio

0
2. Section 52.1870 is amended by adding paragraph (c)(141) to read as
follows:

Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *

    (141) Ohio Environmental Protection Agency, on June 16, 2005,
submitted amendments to the State Implementation Plan to control
nitrogen oxide emissions from internal combustion engines in new rule
Ohio Administrative Code (OAC) 3745-14-12. This rule adds stationary
internal combustion engines to the list of sources in the Ohio
NOX SIP Call emission reduction program. Also, OAC 3745-14-
01, General Provisions, is amended. This rule contains definitions used
for the nitrogen oxides rules, expands the definition of NOX
budget unit, adds definitions for the internal combustion engine rule,
amends definition associated with continuous emissions monitoring, and
makes corrections to typographical errors. OAC 3745-14-05 Portions of
this rule are amended to correctly line up with the changes made in the
definitions section of the NOX plan. Typographical errors
are also corrected.
    (i) Incorporation by reference. The following sections of the Ohio
Administrative Code (OAC) are incorporated by reference.
    (A) OAC 3745-14-01, General Provisions, effective on May 07, 2005.
    (B) OAC 3745-14-05, NOX Allowance Allocations, effective
on May 07, 2005.
    (C) OAC 3745-14-12, Stationary Internal Combustion Engines,
effective on May 7, 2005.

 [FR Doc. E8-1797 Filed 2-1-08; 8:45 am]

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[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Notices]
[Pages 6793-6795]
[FR Doc No: 2012-3021]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-39-000]

D'Lo Gas Storage, LLC; Notice of Intent To Prepare an
Environmental Assessment for the PROPOSED D'LO Gas Storage Project,
Request for Comments on Environmental Issues, and Notice of Onsite
Environmental Review

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the D'Lo Gas Storage Project
involving construction and operation of facilities by D'Lo Gas Storage,
LLC (DGS) in Simpson and Rankin Counties, Mississippi. The Commission
will use this EA in its decision-making process to determine whether
the project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues they need to evaluate in the EA. Please note that
the scoping period will close on March 5, 2012. Further details on how
to submit written comments are provided in the Public Participation
section of this notice.
    The Office of Energy Projects staff will conduct an onsite
environmental review of the project area to gather data for its
environmental analysis of the proposed project. Viewing of this area is
anticipated to be from public access points and DGS's right-of-way and
property. All interested parties are invited to attend but must provide
their own transportation. Those attending should meet at the following
location and time:

FERC Onsite Environmental Review

D'Lo Gas Storage Project, February 16, 2012 at 10:00 am Central Time,
Country Fisherman Parking Area, 3809 Simpson Highway 49, Mendenhall,
Mississippi.

    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves the project, that approval conveys with it the
right of eminent domain. Therefore, if easement negotiations fail to
produce an agreement, the pipeline company could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    DGS provided landowners with a fact sheet prepared by the FERC
entitled ``An Interstate Natural Gas Facility On My Land? What Do I
Need To Know?''. This fact sheet addresses a number of typically-asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC Web site (www.ferc.gov).

Summary of the Proposed Project

    DGS proposes to construct and operate a new natural gas storage
facility in the D'Lo Salt Dome formation in Simpson County,
Mississippi. The D'Lo Gas Storage Project would provide approximately
24 billion cubic feet of working natural gas storage and have
interconnections with five existing natural gas transmission pipelines
in Simpson and Rankin Counties, Mississippi.
    The D'Lo Gas Storage Project would consist of the construction and
operation of the following facilities:
     Three salt dome storage caverns;
     A Solution Mining Facility;
     A Compression Facility with four 8,000 horsepower and one
4,735 horsepower gas engine driven compressors;
     Four primary and three secondary source water wells;
     Four primary and one secondary brine disposal wells;
     3.7 miles of 20-inch-diameter source water and brine
disposal pipelines;
     0.2 miles of 24-inch-diameter natural gas pipeline for the
Cavern Well Corridor;
     0.4 miles of 30-inch-diameter natural gas pipeline with an
interconnect and meter station to Boardwalk Pipeline;
     0.8 miles of 24-inch-diameter natural gas pipeline with an
interconnect and meter station to Southern Natural Gas Company (SONAT);
     3.2 miles of 30-inch-diameter natural gas pipeline with an
interconnect and meter station to Kinder Morgan Midcontinent Express
Pipeline;
     a 12-inch-diameter tap, an interconnect, and meter station
to Southcross Pipeline;
     1.0 mile of 12-inch-diameter natural gas pipeline with an
interconnect and meter station to Gulf South Pipeline; and
     0.4 miles of nonjurisdictional electric right-of-way for
utility lines to the storage facility and an electrical substation.
    The general location of the project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
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Land Requirements for Construction

    Construction of the proposed facilities would disturb about 172
acres of land for the aboveground facilities and the pipelines.
Following construction, DGS would maintain about 123 acres for
permanent operation of the project facilities; the remaining acreage
would be restored and revert to former uses.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Socioeconomics;
     Endangered and threatened species; and

     Public safety.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary on the FERC Web
site. Depending on the comments received during the scoping process, we
may also publish and distribute the EA to the public for an allotted
comment period. We will consider all comments on the EA before making
our recommendations to the Commission. To ensure we have the
opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section beginning
on page 5.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the
EA.\3\ Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the Mississippi State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction right-of-way, contractor/pipe storage yards, compressor
stations, and access roads). Our EA for this project will document our
findings on the impacts on historic properties and summarize the status
of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before March
5, 2012.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (CP12-39-000) with your submission.
The Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments on a project;
    (2) You can file your comments electronically using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If we publish and distribute the EA, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the User's Guide under the ``e-filing'' link on the Commission's Web
site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP12-
39). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links

to the documents. Go to www.ferc.gov/esubscribenow.htm.
    Site visits and any public meetings will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.
    Finally, to request additional project information or to obtain
updated information directly from the project sponsor, you may call
DGS's representative at the toll free number 1-855-4DLOGAS, or access
its Web site (www.dlogasstorage.com).

    Dated: February 3, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-3021 Filed 2-8-12; 8:45 am]
BILLING CODE 6717-01-P