[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Rules and Regulations]
[Pages 50378-50381]
[FR Doc No: 2012-20393]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0153(a); FRL-9717-5]

Approval and Promulgation of Implementation Plans; Tennessee;
Knoxville; Fine Particulate Matter 2002 Base Year Emissions Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve the 1997 annual
fine particulate matter (PM2.5) 2002 base year emissions
inventory portion of the State Implementation Plan (SIP) revision
submitted by the State of Tennessee on April 4, 2008. The emissions
inventory is part of Tennessee's April 4, 2008, attainment
demonstration SIP revision that was submitted to meet the section
172(c) Clean Air Act (CAA or Act) requirements related to the Knoxville
nonattainment area for the 1997 annual PM2.5 national
ambient air quality standards (NAAQS), hereafter referred to as ``the
Knoxville Area'' or ``Area.'' The Knoxville nonattainment area is
comprised of Anderson, Blount, Knox and Loudon Counties in their
entireties and a portion of Roane County that includes the Tennessee
Valley Authority's Kingston Fossil Plant. This action is being taken
pursuant to section 110 of the CAA.

DATES: This direct final rule is effective on October 22, 2012 without
further notice, unless EPA receives relevant adverse comment by
September 20, 2012. If EPA receives such comment, EPA will publish a
timely withdrawal in the Federal Register informing the public that
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0153, by one of the following methods:

    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2010-0153,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. 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-R04-OAR-
2010-0153. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The 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 email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, 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, any form of
encryption, and 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
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 in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. 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: Richard Wong, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-8726. Mr. Wong can be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997 (62 FR 36852), EPA established an annual
PM2.5 NAAQS at 15.0 micrograms per cubic meter based on a 3-
year average of annual mean PM2.5 concentrations. On January
5, 2005 (70 FR 944), EPA published its air quality designations and
classifications for the 1997 annual PM2.5 NAAQS based upon
air quality monitoring data for calendar years 2001-2003. These
designations became effective on April 5, 2005. The Knoxville Area was
designated nonattainment for the 1997 annual PM2.5 NAAQS.
See 40 CFR 81.343.
    Designation of an area as nonattainment starts the process for a
state to develop and submit to EPA a SIP revision under title I, part D
of the CAA. This SIP revision must include, among other elements, a
demonstration of how the NAAQS will be attained in the nonattainment
area as expeditiously as practicable, but no later than the date
required by the CAA. Under CAA section 172(b), a state has up to three
years after an area's designation as nonattainment to submit its SIP
revision to EPA. For the 1997 annual PM2.5 NAAQS, these
submittals were due April 5, 2008. See 40 CFR 51.1002(a).
    On April 4, 2008, Tennessee submitted an attainment demonstration
and associated reasonably available control measures (RACM), a
reasonable further progress (RFP) plan, contingency measures, a 2002
base year emissions inventory and other planning SIP revisions related
to attainment of the 1997 annual PM2.5 NAAQS in the
Knoxville Area. Subsequently, on June 6, 2012 (77 FR 33360), EPA
proposed that the Knoxville Area has attained the 1997 annual
PM2.5 NAAQS. The proposed determination of attainment is
based upon quality-assured and certified ambient air monitoring data
for the 2009-2011 period showing that the Area has monitored attainment
of the 1997 annual PM2.5 NAAQS. EPA did not receive any
comments on the proposed determination and published the final
determination on August 2, 2012 (77 FR 45954). In accordance with the
final determination of attainment, the requirements for the Area to
submit an attainment demonstration and associated RACM, RFP plan,
contingency measures, and other planning SIP revisions related to
attainment of the standard are suspended, so long as the Area continues
to attain the 1997 annual PM2.5 NAAQS. See 40 CFR
51.1004(c).
    EPA notes that a final determination of attainment would not
suspend the emissions inventory requirement found in CAA section
172(c)(3), which requires submission and approval of a comprehensive,
accurate, and current inventory of actual emissions. In today's action,
EPA is approving the emissions inventory portion of the attainment
demonstration SIP revision submitted by Tennessee on April 4, 2008, as
required by section 172(c)(3).

II. Analysis of the State's Submittal

    As discussed above, section 172(c)(3) of the CAA requires
nonattainment areas to submit a comprehensive, accurate and current
inventory of actual emissions from all sources of the relevant
pollutant or pollutants in such areas. Tennessee selected 2002 as the
base year for the emissions inventory per 40 CFR 51.1008(b). Emissions
contained in Tennessee's April 4, 2008, SIP revision cover the general
source categories of point sources, non-road mobile sources, area
sources, and on-

road mobile sources of direct and precursor emissions of
PM2.5. The precursor emissions included in the 2002
Knoxville Area emissions inventory include nitrogen oxides
(NOX) and sulfur dioxide (SO2). A detailed
discussion of the emissions inventory development can be found in
Appendix H of the Tennessee submittal. The table below provides a
summary of the annual 2002 emissions of NOX, SO2
and direct PM2.5 included in the Tennessee submittal.

              2002 Annual Emissions for the Knoxville Area
                             [Tons per year]
------------------------------------------------------------------------
                                                     Point sources
                    County                    --------------------------
                                                 NOX      SO2     PM2.5
------------------------------------------------------------------------
Anderson.....................................   17,253   44,692    2,075
Blount.......................................      387    4,264    1,684
Knox.........................................    2,183    1,303      471
Loudon.......................................    2,309    4,221      412
Roane *......................................   25,679   77,571    3,217
                                              --------------------------
                                                    Non-road sources
                                              --------------------------
Anderson.....................................    1,128       69       55
Blount.......................................    1,301      127      115
Knox.........................................    4,845      425      312
Loudon.......................................    1,231      111       62
Roane *......................................       17        2        1
                                              --------------------------
                                                      Area sources
                                              --------------------------
Anderson.....................................      252      271      501
Blount.......................................      164       59      718
Knox.........................................      175       39      445
Loudon.......................................       57       18      334
Roane *......................................        2        2        5
                                              --------------------------
                                                     Mobile sources
                                              --------------------------
Anderson.....................................    3,267      111       46
Blount.......................................    2,720      119       41
Knox.........................................   19,059      682      284
Loudon.......................................    4,273      120       60
Roane *......................................      235       11        3
------------------------------------------------------------------------
* Nonattainment portion of Roane County only.

    The 172(c)(3) emissions inventory was developed by the
incorporation of data from multiple sources. States were required to
develop and submit to EPA a triennial emissions inventory according to
the Consolidated Emissions Reporting Rule for all source categories
(i.e., point, nonroad mobile, area, and on-road mobile). This inventory
often forms the basis of data that are updated with more recent
information and data that also are used in the attainment demonstration
modeling inventory. Such was the case in the development of the 2002
base year emissions inventory that was submitted in Tennessee's
attainment demonstration SIP for the Knoxville Area. The 2002 base year
emissions inventory was based on data developed with the Visibility
Improvement State and Tribal Association of the Southeast (VISTAS)
contractors and submitted by the VISTAS states (i.e., Alabama, Florida,
Georgia, Kentucky, Mississippi, North Carolina, South Carolina,
Tennessee, Virginia and West Virginia) to the EPA 2002 National
Emissions Inventory. Several iterations of the VISTAS 2002 inventories
were developed through the VISTAS project for the different emission
source categories resulting from revisions and updates to the data.
This resulted in the use of version G2 of the updated data to represent
the point sources' emissions. Data from many databases, studies and
models (e.g., Vehicle Miles Traveled, fuel programs, the NONROAD 2002
model data for commercial marine vessels, locomotives and Clean Air
Market Division, etc.) resulted in the inventory submitted in this SIP
revision. The VISTAS and Tennessee emissions inventory data were
developed according to current EPA emissions inventory guidance titled
``Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS)''
(August 2005) and ``Clean Air Fine Particle Implementation Rule'' (72
FR 20586, April 25, 2007) and a quality assurance project plan that was
developed through VISTAS and approved by EPA. EPA agrees that the
process used to develop this inventory was adequate to meet the
requirements of CAA section 172(c)(3) and the implementing regulations.
    EPA has reviewed the 2002 base year emissions inventory from
Tennessee and determined that it is adequate for the purposes of
meeting section 172(c)(3) emissions inventory requirement. Further, EPA
has determined that the emissions were developed consistent with the
CAA, implementing regulations and EPA guidance for emissions
inventories.

III. Final Action

    EPA is taking direct final action to approve the 2002 base year
emissions inventory portion of the attainment demonstration SIP
revision submitted by the State of Tennessee on April 4, 2008. EPA
determined that this action is consistent with section 110 of the CAA.
    EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial revision and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comment be filed. This rule will be effective on October 22,
2012 without further notice unless the Agency receives adverse comment
by September 20, 2012. If EPA receives such comments, then EPA will
publish a document withdrawing the final rule and informing the public
that the rule will not take effect. All public comments received will
then be addressed in a subsequent final rule based on the proposed
rule. EPA will not institute a second comment period on this action.
Any parties interested in commenting must do so at this time. If no
such comments are received, the public is advised this rule will be
effective on October 22, 2012 and no further action will be taken on
the proposed rule.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 final rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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 October 22, 2012. 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: August 7, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 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 RR--Tennessee

0
2. Section 52.2220(e) is amended by adding a new entry for ``Knoxville;
1997 Annual Fine Particulate Matter 2002 Base Year Emissions
Inventory'' at the end of the table to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
    Name of non-regulatory SIP        geographic or          State       EPA approval date       Explanation
            provision               nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Knoxville; 1997 Annual Fine        Anderson, Blount,        04/04/2008  08/21/2012 [Insert
 Particulate Matter 2002 Base       Knox, and Loudon                     citation of
 Year Emissions Inventory.          Counties, and the                    publication].
                                    portion of Roane
                                    County that falls
                                    within the census
                                    block that
                                    includes the
                                    Tennessee Valley
                                    Authority's
                                    Kingston Fossil
                                    Plant.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-20393 Filed 8-20-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Notices]
[Pages 61001-61004]
[FR Doc No: 2023-19127]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98247; File No. SR-NYSEAMER-2023-42]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Change To Modify Rule
900.3NYP

August 30, 2023.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on August 23, 2023, 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, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to modify Rule 900.3NYP (Orders and
Modifiers) regarding the handling of certain Market Orders subject to
Trading Collars and conforming changes to Rule 952NYP (Auction
Process). 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 Exchange proposes to modify Rule 900.3NYP (Orders and
Modifiers) regarding the handling of certain Market Orders subject to
Trading Collars and conforming changes to Rule 952NYP (Auction
Process).\4\ The Exchange notes that an identical rule change was
recently adopted on its affiliated exchange, NYSE Arca, Inc. (``NYSE
Arca'') and therefore this proposal raises no new or novel issues not
previously considered by the Commission.\5\
---------------------------------------------------------------------------

    \4\ The Exchange notes that this proposed change modifies a
Pillar rule (i.e., with a ``P'' modifier) that has not yet been
implemented. The Exchange anticipates migrating to its Pillar
trading platform beginning on October 23, 2023. As is the case with
all Pillar rules, this proposed rule change (as well as the entire
Rule 900.3NYP) will not be implemented until all other Pillar-
related rule filings are approved or operative, as applicable, and
the Exchange announces the migration of underlying symbols to Pillar
by Trader Update.
    \5\ See Securities Exchange Act Release No. 98113 (August 11,
2023), 88 FR 55791 (August 16, 2023) (SR-NYSEARCA-2023-54)
(immediately effective rule change to allow market participants to
reduce the time at which Market Orders are ``collared'' from 500
milliseconds to zero, per Rule 6.62P-O).
---------------------------------------------------------------------------

    The Exchange employs Trading Collar functionality that is designed
to provide ATP Holders price protection for Market Orders and Limit
Orders traded on the Exchange.\6\ In particular, the Trading Collar
applies a static ceiling price (for a buy order) or floor price (for a
sell order) at which such order may be traded or routed that is
determined at the time of entry (or after a series opens or reopens)
and which is applicable until the order is traded or cancelled.\7\ As
described below, the Exchange proposes to modify the application of
Trading Collars to Market Orders.
---------------------------------------------------------------------------

    \6\ See Rules 900.3NYP(a)(1) (defining Market Order), (a)(2)
(defining Limit Order).
    \7\ See Rule 900.3NYP(a)(4)(A)-(C) (describing Trading Collar
functionality, including how such Collars are assigned and
calculated).
---------------------------------------------------------------------------

    Currently, Rule 900.3NYP(a)(4)(D) describes how the Trading Collar
is applied and provides that if an order to buy (sell) would trade or
route above (below) the Trading Collar or would have its working price
repriced to a Trading Collar that is below (above) its limit price, the
order will be added to the Consolidated Book at the Trading Collar for
500 milliseconds and if not traded within that period, will be
cancelled (each a ``collared'' order).\8\ Further, once the 500-
millisecond timer begins for a collared order (the ``collar timer''),
such order will be cancelled at the end of the timer even if it
repriced or was routed to an Away Market during that period, in which
case any portion of the collared order that is returned unexecuted is
cancelled.
---------------------------------------------------------------------------

    \8\ See Rule 964NYP(a)(3) (providing that the ``working price''
of an order or quote means the price at which it is eligible to
trade at any given time, which may be different from the limit price
or display price of the order or quote). The ``display price'' means
the price at which an order or quote ranked Priority 2--Display
Orders or Market Order is displayed, which may be different from the
limit price or working price of the order. See Rule 964NYP(a)(1).
---------------------------------------------------------------------------

    Pursuant to the proposed rule change, Market Orders that are
collared would no longer be held for the duration of the collar time
(i.e., for 500 milliseconds). Instead, as proposed, if a Market Order
to buy (sell) would trade or route above (below) the Trading Collar,
such Market Orders would be cancelled.\9\ Thus, a collared Market Order
that can trade within the Trading Collar will trade on the Exchange or
route. Collared Market Orders will no longer be held and displayed on
the Consolidated Book for the duration of the collar timer.
---------------------------------------------------------------------------

    \9\ See proposed Rule 900.3NYP(a)(4)(D)(i). The Exchange notes
that once an order has been cancelled, the Exchange will likewise
cancel any unexecuted portion of the cancelled order that returns to
the Exchange after having been routed away.
---------------------------------------------------------------------------

    The Exchange is not proposing to modify the handling of Limit
Orders and such collared orders would continue to be subject to the
above-described handling, per Rule 900.3NYP(a)(4)(D)(i).\10\ The
current rule treats collared Market Orders and collared Limit Orders
the same whereas the Exchange proposes to alter only the handling of
collared Market Orders. Unlike Market Orders, Limit Orders include a
specific price at which an ATP Holder is willing to trade (i.e., the
limit price). Market Orders do not include a price and tend to be
utilized to access liquidity. As such, the Exchange believes that the
proposal to cancel back those Market Orders that have been collared
would benefit ATP Holders because it would enable the order sender to
reevaluate, on a timelier basis how best to handle this trading
interest.
---------------------------------------------------------------------------

    \10\ See proposed Rule 900.3NYP(a)(4)(D)(i).
---------------------------------------------------------------------------

    The Exchange notes that it proposes to make this change in response
to ATP Holders' preference to have Market Orders for which they are
agent immediately cancel back for handling--rather than have such
collared Market Orders first post at aggressive prices for 500
milliseconds.
Conforming Changes
    Consistent with the proposed change to the handling of collared
Market Orders--i.e., that such orders will not be held and displayed on
the Consolidated Book for the duration of the collar timer, the
Exchange proposes the following conforming changes.
     First, the Exchange proposes to modify Rule
900.3NYP(a)(1)(A)(ii), which provides, in relevant part, that ``[a]
Market Order to sell will be cancelled if it was assigned a Trading
Collar, routed, and when it returns unexecuted, it has no resting
portion to join and there is no NBB, regardless of the price of the
NBO.'' The Exchange proposes to modify this provision to instead
provide that ``[a] Market Order to sell that was assigned a Trading
Collar, routed, and returned unexecuted, will be cancelled if there is
no NBB, regardless of the price of the NBO.'' \11\
---------------------------------------------------------------------------

    \11\ See proposed Rule 900.3NYP(a)(1)(A)(ii). See also Rule
900.3NYP(a)(1)(A)(i)-(iv) (setting forth pricing validations that a
Market Order that arrives during continuous trading or that was
routed, returns unexecuted, and has no resting quantity to join must
pass to prevent being rejected or cancelled, as applicable).
---------------------------------------------------------------------------

     Next, the Exchange proposes to modify Rule
900.3NYP(a)(1)(B), which provides, in relevant part, that ``[a]fter
trading or routing, or both, the Market Order will be displayed at the
Trading Collar, subject to paragraph (a)(1)(C),'' which provision
provides that a Market Order will be cancelled before being displayed
if there are no remaining contra-side Market Maker quotes on the
Exchange or contra-side ABBO.\12\ Proposed Rule 900.3NYP(a)(1)(B) would
provide that ``[a]fter trading or routing, or both, the Market Order
will be cancelled.''
---------------------------------------------------------------------------

    \12\ See Rule 900.3NYP(a)(1)(C).
---------------------------------------------------------------------------

     In addition, the Exchange also proposes to delete as
inapplicable Rule 900.3NYP(a)(1)(C).\13\ The Exchange proposes to
modify Rule

952NYP(f)(3)(A)(vi), which cross references the to-be-deleted
provision, and to provide that ``[u]nexecuted Market Orders will be
cancelled.'' \14\
---------------------------------------------------------------------------

    \13\ See Rule 900.3NYP(a)(1)(C) (providing that a Market Order
will be cancelled before being displayed if there are no remaining
contra-side Market Maker quotes on the Exchange or contra-side
ABBO).
    \14\ Compare proposed Rule 952NYP(f)(3)(A)(vi) with Rule
952NYP(f)(3)(A)(vi) (providing that Market Orders received during a
pre-open state will be subject to the validation specified in Rule
900.3NYP(a)(1)(C)).
---------------------------------------------------------------------------

     Finally, the Exchange also proposes to delete as
inapplicable Rule 900.3NYP(a)(1)(D).\15\
---------------------------------------------------------------------------

    \15\ See Rule 900.3NYP(a)(1)(D) (providing that after being
displayed at its Trading Collar, a Market Order will be cancelled if
there ceases to be a contra-side NBBO). The Exchange proposes the
non-substantive change to re-number current paragraph (a)(1)(E) of
the Rule to new paragraph (a)(1)(C) to account for the
aforementioned deletions.
---------------------------------------------------------------------------

    The Exchange believes that the proposed functionality would provide
greater determinism for Market Orders that have been collared, which
would provide ATP Holders that send Market Orders as agent greater
control over, and more certainty regarding, the Exchange's handling of
such orders.
Implementation
    This proposed change modifies a Pillar rule (i.e., with a ``P''
modifier). As is the case with all Pillar rules, this proposed rule
change (as well as the entire Rule 900.3NYP) will not be implemented
until all other Pillar-related rule filings are approved or operative,
as applicable, and the Exchange announces the migration of underlying
symbols to Pillar by Trader Update.
2. Statutory Basis
    The proposed rule change is consistent with section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\16\ in general, and
furthers the objectives of section 6(b)(5),\17\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in 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.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed change to modify the handling of
collared Market Orders, which is being made in response to ATP Holders'
preference to have Market Orders for which they are agent immediately
cancel back for handling--rather than have such collared Market Orders
first post at aggressive prices for 500 milliseconds, would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because the proposed handling would refine the
Trading Collar functionality in a manner that would enable ATP Holders
to have more certainty regarding, and more control over, the handling
of their Market Orders.\18\
---------------------------------------------------------------------------

    \18\ As discussed supra, the proposal would alter the handling
of collared Market Orders (but not collared Limit Orders) because
Market Orders (unlike Limit Orders) do not include a price and tend
to be utilized to access liquidity. Thus, the proposal to cancel
back collared Market Orders would benefit ATP Holders because it
would enable the order sender to reevaluate, on a timelier basis how
best to handle this trading interest.
---------------------------------------------------------------------------

    The proposed conforming changes would remove impediments to, and
perfect the mechanism of, a free and open market and a national market
system and, in general, would protect investors and the public interest
because such changes would add clarity, transparency, and internal
consistency to Exchange rules.

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 is proposing a
market enhancement that would provide ATP Holders with greater control
over, and more certainty regarding, collared Market Orders that such
ATP Holders have submitted as agent. The proposal would apply to all
similarly-situated ATP Holders and would not impose a competitive
burden on any participant. The Exchange does not believe that the
proposed change to the Trading Collar functionality would impose a
burden on competing options exchanges. Rather, the availability of the
modified Trading Collar functionality may foster more competition.
Specifically, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues. When an exchange offers enhanced functionality that
distinguishes it from the competition and participants find it useful,
it has been the Exchange's experience that competing exchanges will
move to adopt similar functionality. Thus, the Exchange believes that
this type of competition amongst exchanges is beneficial to the
marketplace as it can result in enhanced processes, functionality, and
technologies.

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 \19\ and Rule 19b-4(f)(6) thereunder.\20\
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 and Rule 19b-
4(f)(6)(iii) thereunder.\21\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii). 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 such 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) \22\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \22\ 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 (https://www.sec.gov/rules/sro.shtml); or

     Send an email to [email protected]. Please include
file number SR-NYSEAMER-2023-42 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-2023-42.
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-NYSEAMER-2023-42 and
should be submitted on or before September 27, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-19127 Filed 9-5-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45724-45726]
[FR Doc No: 2018-19643]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0054]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 11 individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions would
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to operate CMVs in interstate commerce.

DATES: Comments must be received on or before October 10, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0054 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
E.T., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., E.T., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., E.T.,
Monday through Friday, except Federal holidays. If you have questions

regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 11 individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
---------------------------------------------------------------------------

    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

    The advisory criteria states the following:
    If an individual has had a sudden episode of a non-epileptic
seizure or loss of consciousness of unknown cause that did not require
anti-seizure medication, the decision whether that person's condition
is likely to cause the loss of consciousness or loss of ability to
control a CMV should be made on an individual basis by the Medical
Examiner in consultation with the treating physician. Before
certification is considered, it is suggested that a six-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a five-
year period or more.
    As a result of Medical Examiners misinterpreting advisory criteria
as regulation, numerous drivers have been prohibited from operating a
CMV in interstate commerce based on the fact that they have had one or
more seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified Medical
Examiner based on the physical qualification standards and medical best
practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders, (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since the January 15, 2013 notice, the Agency has
published additional notices granting requests from individuals for
exemptions from the regulatory requirement regarding epilepsy found in
49 CFR 391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in 49 CFR 391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (MEP) (78 FR 3069).

II. Qualifications of Applicants

Jonathan A. Arrieta

    Mr. Arrieta is a 35-year-old Class A CDL holder in Florida. He has
a history of epilepsy and has been seizure free since 2008. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2009. His physician states that he is supportive of Mr.
Arrieta receiving an exemption.

Jose F.J. Cabrera Maciel

    Mr. Cabrera Maciel is a 27-year-old Class C driver in California.
He has a history of a single unprovoked seizure and has been seizure
free since 2012. He stopped taking anti-seizure medication in 2014. His
physician states that he is supportive of Mr. Cabrera Maciel receiving
an exemption.

Pietro Capobianco

    Mr. Capobianco is a 48-year-old Class D driver in New Jersey. He
has a history of epilepsy and has been seizure free since 2010. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2010. His physician states that he is supportive of Mr.
Capobianco receiving an exemption.

Armando B. Castro Jr.

    Mr. Castro is a 59-year-old Class A CDL holder in Nevada. He has a
history of epilepsy and has been seizure free since 1986. He takes
anti-seizure medication with the dosage and frequency remaining the
same since March 2014. His physician states that he is supportive of
Mr. Castro receiving an exemption.

Joshua Cirilo

    Mr. Cirilo is a 39-year-old Class D driver in Minnesota. He has a
history of epilepsy and has been seizure free since 1997. He stopped
taking anti-seizure medication in 1997. His physician states that he is
supportive of Mr. Cirilo receiving an exemption.

Barbara A. Cruz

    Ms. Cruz is a 37-year-old driver in Indiana. She has a history of a
single provoked seizure and has been seizure free since 2008. She
stopped taking anti-seizure medications in 2009. Her physician states
that he is supportive of Ms. Cruz receiving an exemption.

Gail A. Hackathorn

    Mr. Hackathorn is a 55-year-old Class A CDL holder in Iowa. He has
a history of epilepsy and has been seizure free since 1985. He takes
anti-seizure medication with the dosage and

frequency remaining the same since 1985. His physician states that he
is supportive of Mr. Hackathorn receiving an exemption.

Jose G. Lara-Ramirez

    Mr. Lara-Ramirez is a 47-year-old Class A driver in Nevada. He has
a history of epilepsy and has been seizure free since 2001. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2001. His physician states that she is supportive of Mr.
Lara-Ramirez receiving an exemption.

Bryan F. Sheehan

    Mr. Sheehan is a 34-year-old Class E driver in Florida. He has a
history of epilepsy and has been seizure free since May 2010. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2010. His physician states that he is supportive of Mr.
Sheehan receiving an exemption.

Francis L. Stimpson

    Mr. Stimpson is a 66-year-old Class A CDL holder in Idaho. He has a
history of epilepsy and has been seizure free since 1983. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2003. His physician states that he is supportive of Mr.
Stimpson receiving an exemption.

Christopher A. Steinke

    Mr. Steinke is a 26-year-old Class D driver in Wisconsin. He has a
history of seizure disorder and has been seizure free since 2004. He
stopped taking anti-seizure medication in 2009. His physician states
that he is supportive of Mr. Steinke receiving an exemption.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2018-0054 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2018-0054 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: August 30, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-19643 Filed 9-7-18; 8:45 am]
BILLING CODE 4910-EX-P