[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Notices]
[Pages 6552-6554]
[FR Doc No: 2016-02336]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77036; File No. SR-EDGX-2016-01]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
21.1, Definitions, Relating to the Operation of the Attribution Feature
of EDGX Options

February 2, 2016.
    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 January 21, 2016, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. 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).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to authorize the Exchange's equity
options platform (``EDGX Options'') to make a modification to Rule 21.1
(Definitions) in connection with the operation of the attribution
feature of EDGX Options, as described below. The Exchange has
designated this proposal as non-controversial and provided the
Commission with the notice required by Rule 19b-4(f)(6)(iii) under the
Act.\5\
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    \5\ 17 CFR 240.19b-4(f)(6)(iii).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.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 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 parts of such
statements.

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

1. Purpose
    The Exchange is proposing to modify Rule 21.1, Definitions, which
sets forth the various definitions applicable to the operation of the
EDGX Options platform, including order types and order type modifiers
accepted by EDGX Options. As set forth in Rule 21.1, an order can be
attributed on EDGX Options, meaning that such order is displayed with
not only a price and size

but also a User's \6\ market participant identifier, or MPID (such
order an ``Attributable Order''). Alternatively, a User may also submit
an order that is designated for display on an anonymous basis, a ``Non-
Attributable Order.'' Rule 21.1(c) also states that all orders shall be
treated as Attributable Orders unless a User has entered instructions
to treat such orders as Non-Attributable Orders. In addition to
attribution, as discussed in Rule 21.1, Exchange Rule 21.15(c) states
that the Exchange will indicate on OPRA when there is Customer interest
on EDGX Options and will identify Customer orders and trades as such on
the Exchange's proprietary data feeds.
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    \6\ The term User is defined in Rule 1.5(ee) as ``any Member or
Sponsored Participant who is authorized to obtain access to the
System pursuant to Rule 11.3.''
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    While the Exchange does not propose to modify the identification of
Customer interest, orders or trades to either OPRA or on Exchange
proprietary data feeds, the Exchange proposes to eliminate the ability
for a Customer order to also be an Attributable Order. In other words,
though Customer interest, orders and trades would still be identified
as such through applicable data feeds, only non-Customer orders could
be identified on Exchange data feeds with attribution to a specified
MPID. The Exchange believes that limiting the use of Attributable
Orders to non-Customer orders is reasonable because such functionality
was primarily intended for Market Makers and other professional
participants that typically provide liquidity to indicate their
presence on EDGX Options with attribution to their MPID.
    The Exchange notes that it does not propose the change set forth
above due to concerns with respect to Customer orders being entered as
Attributable Orders but rather due to current system limitations in
supporting both the attribution feature and the identifcation [sic] of
Customer orders as such. On balance, the Exchange believes that the
identification of orders as Customer orders is more consistent with the
operation of other options exchanges and important to the Exchange's
pro rata priority model than is the attribution of a particular
Customer order to a specific MPID.
    The Exchange also notes that the equities platform of the Nasdaq
Stock Market LLC (``Nasdaq'') also limits the availability of
attribution to certain market participants, including market makers.\7\
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    \7\ See Nasdaq Rule 4756(b), which permits Nasdaq Market Makers
and Nasdaq ECNs to attribute their quotations on Nasdaq. See also
Nasdaq Rule 4702(b)(2)(A), which limits the availability of Nasdaq
``Price to Display Orders'' to Nasdaq Market Makers and further
states that all Price to Display Orders are Attributable Orders.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\8\ In particular, the
proposal is consistent with Section 6(b)(5) of the Act \9\ 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.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    The proposed rule change will allow the Exchange to continue to
accept Attributable Orders from non-Customers while also designating
Customer orders as such on applicable data feeds. As set forth above,
the Exchange believes that non-Customers quoting and providing
liquidity are the most likely users of the Attributable Order feature
and that restricting Customer orders from the use of the feature is
appropriate given the separate identification of Customer orders on
applicable data feeds. As set forth above, at least one other exchange
has similarly limited attribution to certain professional market
participants.\10\
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    \10\ See supra note 7.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues but rather to make a
modification to the Exchange's attribution offering to ensure that the
Exchange's System and rules are consistent and that the most important
features can be offered to Users in their varying capacities. As noted
above, at least one other exchange has similarly limited attribution to
certain professional market participants.\11\
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    \11\ Id.
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(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)
thereunder.\14\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange has asked the Commission to waive the
30-day operative delay so that the Exchange may continue to permit non-
Customers to attribute their orders and to allow the Exchange to label
orders as Customer Orders. The Commission believes that the proposal
will update the rules of the Exchange to accurately reflect how the
System operates with respect to Attributable Orders thereby avoiding
confusion by market participants. Based on the foregoing, the
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\15\ The

Commission hereby grants the Exchange's request and designates the
proposal operative upon filing.
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    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-EDGX-2016-01 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 No. SR-EDGX-2016-01. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the 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 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
10:00 a.m. and 3:00 p.m. Copies of such filing will also 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 No. SR-EDGX-2016-01 and should be
submitted on or before February 29, 2016.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-02336 Filed 2-5-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: April 25, 2007 (Volume 72, Number 79)]
[Notices]
[Page 20668-20669]
[DOCID:fr25ap07-136]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0265; FRL-8295-4]

Agency Information Collection Activities: Proposed Collection;
Comment Request; PM2.5 Ozone National Ambient Air Quality Standard
Implementation Rule; EPA ICR No. 2258.01

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request for a new Information Collection Request (ICR) to the
Office of Management and Budget (OMB). This ICR covers the 3 year time
period from April 5, 2008 through April 4, 2011. Before submitting the
ICR to OMB for review and approval, EPA is soliciting comments on
specific aspects of the proposed information collection as described
below.

DATES: Comments must be submitted on or before June 25, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0265, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>
     Mail: Attention Docket ID No. EPA-HQ-OAR-2007-0265, U.S.
Environmental Protection Agency, EPA West (Air Docket), 1200
Pennsylvania Avenue, Northwest, Mailcode: 6102T, Washington, DC 20460.
     Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), 1301 Constitution Avenue, Northwest, Room 3334,
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2007-0265.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2007-0265. The 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 information
that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. 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 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, 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
.

FOR FURTHER INFORMATION CONTACT: Butch Stackhouse, Air Quality Policy
Division, Office of Air Quality Planning and Standards, Mail Code C539-
01, Research Triangle Park, North Carolina 27711, telephone number
(919) 541-5208, facsimile number<PHONE_NUMBER>, electronic mail e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    The EPA has established a public docket for this ICR under Docket
ID No. EPA-HQ-OAR-2007-0265 established a public docket for each of the
ICRs identified in this document (see the Docket ID. numbers for each
ICR that are provided in the text, which is available for online
viewing at http://www.regulations.gov, or in person viewing at the Air

Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave., NW, Washington, DC. The EPA/DC Public Reading Room
is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Reading Room is 202-566-
1744, and the telephone number for the Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft collection of

information, submit or view public comments, access the index listing
of the contents of the docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document.

What Information Is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

[Docket ID No. EPA-HQ-OAR-2007-0265]

    Affected entities: Entities potentially affected by this action are
States and Regional offices. There are other entities

that may be indirectly affected, as they may comment on the draft
submissions before they are forwarded to EPA's Regional Offices. These
include potentially regulated entities, representatives of special
interest groups, and individuals.
    Title: PM2.5 National Ambient Air Quality Standard
Implementation Rule.
    ICR numbers: EPA ICR No. 2258.01.
    ICR status: This ICR covers the 3-year time period from April 5,
2008 through April 4, 2011. An Agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information,
unless it displays a currently valid OMB control number. The OMB
control numbers for EPA's regulations in title 40 of the CFR, after
appearing in the Federal Register when approved, are listed in 40 CFR
part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
in certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: The Paperwork Reduction Act requires the information
found in this Information Collection Request (ICR) number 2258.01, to
assess the burden (in hours and dollars) of the PM2.5
National Ambient Air Quality Standard Implementation (NAAQS) Rule as
well as the periodic reporting and record keeping necessary to maintain
the rule. The rule was proposed November 1, 2005 (70 FR 65983) and
promulgated April 25, 2007 elsewhere in the Rules section of part II of
this Federal Register. The preamble to the proposed and final
regulation addressed the administrative burden in general terms. The
preamble to the final rule stated that an ICR would be prepared. The
rule includes requirements that involve collecting information from
States with areas that have been designated nonattainment for the
PM2.5 NAAQS.
    The time period covered in this ICR is a 3-year period from April
5, 2008 through April 4, 2011. The milestones for the State or local
air agency respondents will include the required SIP elements
prescribed in the Clean Air Act (CAA) sections 110 and part D, subpart
1 of title I for Implementation plans and the requirements in the
PM2.5 NAAQS Implementation Rule (40 CFR 51.1000-51.1012).
The PM2.5 SIP will contains rules and other requirements
designed to achieve the NAAQS by the deadlines established under the
CAA, and it also contains a demonstration that the State's requirements
will in fact result in attainment. The SIP must meet the requirements
in subpart 1 to adopt Reasonable Available Control Measures, Reasonable
Available Control Technology, and provide for Reasonable Further
Progress toward attainment for the period prior to the area's
attainment date. However, not all of the milestones and associated
burden and administrative cost estimates apply to every designated
PM2.5 nonattainment area. Areas with cleaner air quality
have fewer requirements.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average
10,000 hours per response. Burden means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 21.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 210,000 hours.
    Estimated total average annual costs per respondent: $604,762. This
includes an estimated burden cost of $604,762 and an estimated cost of
$0 for capital investment or maintenance and operational costs.

Additional Background on Burden Estimation Method

    The methodology and draft estimates of incremental administrative
burden for this ICR are documented in a separate supporting statement
in the docket. The methodology and draft estimates in the
PM2.5 Implementation Rule ICR are based on the ICR developed
for the 8-hour ozone Implementation Rule ICR (EPA ICR No. 2236.02, OMB
Control No. 2060-0594). The 8-hour ozone Implementation Rule ICR
methodology and draft estimates were submitted to EPA's Ozone National
Ambient Air Quality Standards Implementation Workgroup for their review
and comment. This workgroup is comprised of representatives from EPA
Regional Offices I through IX as well as EPA's Offices of General
Counsel, Policy-Economics-and Innovation, and Air and Radiation
(including the Offices of Transportation and Air Quality, Air Quality
Planning and Standards, and Policy Analysis and Review).
    The workgroup provided constructive criticism on earlier drafts
which resulted in clarifications to the methodology section, revisions
to the categorization of non-attainment areas by regional office, and
changes to the temporal allocation of regional office administrative
burden. The workgroup reviewed the June 2006 ICR supporting statement
which was forwarded to OMB's Office of Information and Regulatory
Affairs. The workgroup believed there would be differences between the
realized incremental administrative burden of the states and regional
offices versus what was in the supporting statement. However, the
estimates in the ICR supporting statement were judged to be appropriate
(e.g. in the right ballpark).

What Is the Next Step in the Process for This ICR?

    The EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: March 29, 2007.
Mary Henigin,
Acting Director, Air Quality Policy Division, Office of Air Quality
Planning and Standards, Office of Air and Radiation.
[FR Doc. E7-6348 Filed 4-24-07; 8:45 am]

BILLING CODE 6560-50-P


Contact Report Date: June 26, 2002 From: Brenda Shine North State Engineering, Inc.

To: MON Project File Subject: Contact Report   Mr. Bob Brunsun Cognis Corporation 4900 Este Avenue Cincinatti, OH 45232 ( 513) 482 3562 Summary: On June 26, Mr. Brunson returned a call I made earlier to him regarding follow up information on methanol containing wastewater streams at the facility. In the Section 114 information request filled out by the facility in June of 1997, two methanol containing wastewater streams, M 122 and M 102 from esterification processes, were reported as being generated, managed and treated. I contacted the facility to verify some information regarding this streams. My questions, and Mr. Brunsun's responses are presented below.

1. Are the processes generating these streams still operating?

Yes, the operation is the same as it was in 1997.

2. Are any other HAP contained in the wastewater streams?

No.

3. Are the streams hardpiped to treatment?

Yes, the streams are hardpiped to an atmospheric storage tank( s) prior to treatment. Treatment consists of being combined with other wastewaters and routed to a boiler feed tank to be fed to boilers as supplementary fuel. The water/ methanol tank is controlled by a water scrubber. The methanol concentration of the stream is 2 to 3% % by weight upon discharge to the tank. Contact Report Preceding the generation of this wastewater stream, the esterification process is operated such that the reaction is conducted with excess alcohol. Water and excess alcohol are removed from the reactor and methanol is recovered by distillation. The incoming water methanol stream to the distillation ( recovery) system is approximately 60% by weight methanol. The column is dedicated to this operation ( bottoms from this column are the wastewater streams).

4. Are the processes used to generate the wastewaters batch processes? Yes, the processes are batch.


Michael Catanzaro/ DC/ USEPA/ US 07/ 26/ 2006 08: 30 AM T o Jason Burnett/ DC/ USEPA/ US@ EPA c c thompson. chet@ epa. gov, martella. roger@ epa. gov S u b j e c t Fw: Hypothetical rock quarry in urban area how this could be managed under the proposed rule  Forwarded by Michael Catanzaro/ DC/ USEPA/ US on 07/ 26/ 2006 08: 30 AM

" Johnston, A. Todd" < ajohnston@ nma. org>

07/ 20/ 2006 09: 31 AM T o Michael Catanzaro/ DC/ USEPA/ US@ EPA c c S u b j e c t Hypothetical rock quarry in urban area how this could be managed under the proposed rule Mike   This is a follow up to yesterday's conversation where we discussed how the following scenario might be handled under the proposed coarse particulate rule: If a rock quarry in an area dominated by urban coarse particulate were contributing to violations of the NAAQS for PM10 2.5, how would a state be able to address the violation in light of the fact that mining sources are not subject to control under the proposed NAAQS for PM10 2.5?

EPA has found that coarse particulate matter from mining sources does not have significant health effects to warrant including such PM in the NAAQS. The D. C. Circuit has stated that " EPA has discretion to define the pollutant termed ' particulate matter' to exclude particulates of a size or composition determined not to present substantial public health or welfare concerns." Alabama Power v. Costle, 636 F. 3d 323, 370, n. 134. Because coarse particulate matter from mining sources do not endanger public health or welfare, such particulate matter should not be included in determining violations of NAAQS. EPA has taken this approach under its rural fugitive dust policy for decades. See, e. g., Memorandum dated October 7, 1977 from David Hawkins, Assistant Administrator for Air and Waste Management to EPA Region Air Directors, entitled " Model Letter Regarding State Designation of Attainment Status ( An " area should be designated attainment when a TSP violation can be clearly attributed to rural fugitive dust.")

Simply stated, the contribution of the rock quarry in the above scenario should be subtracted from any monitored levels of PM10 2.5, and particulate emissions from the rock quarry should not be included in modeling ambient levels of PM10 2.5. Because such particulate emissions would not be included in determining compliance with the NAAQS, there would be no need to control such particulate emissions in order to meet the NAAQS. Details regarding how this would best be accomplished could be included in an implementation rule for the PM10 2.5 NAAQS.

Todd


[Federal Register: January 23, 2009 (Volume 74, Number 14)]
[Notices]
[Page 4276-4277]
[DOCID:fr23ja09-116]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Advisory Circular 35-1, Certification of Propellers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of issuance of advisory circular.

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SUMMARY: This notice announces the issuance of Advisory Circular (AC)
35-1, Certification of Propellers. This AC provides guidance and
describes acceptable methods, but not the only methods, that may be
used to demonstrate compliance with provisions of the requirements of
part 35 of Title 14 of the Code of Federal Regulations (14 CFR part
35).

DATE: The Engine and Propeller Directorate issued AC 35-1 on December
29, 2008.

FOR FURTHER INFORMATION CONTACT: The Federal Aviation Administration,
Attn: Jay Turnberg, Engine and Propeller Standards Staff, ANE-111, 12
New England Executive Park, Burlington, MA 01803-5299; telephone: (781)
238-7116; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>    We have filed in the docket all substantive comments received, and
a report summarizing them. If you wish to review the docket in person,
you may go to the above address between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. If you wish to contact the
above individual directly, you can use the above telephone number or e-
mail address provided.
    How to Obtain Copies: A paper copy of AC 35-1 may be obtained by
writing to the U.S. Department of Transportation, Subsequent
Distribution Office, DOT Warehouse, SVC 121.23, Ardmore East Business
Center, 3341Q 75th Ave., Landover, MD 20785, telephone<PHONE_NUMBER>, or
by faxing your request to the warehouse at<PHONE_NUMBER>. The AC will
also be available on the Internet at http://www.faa.gov/regulations_
policies (then click on ``Advisory Circulars'').

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.

    Issued in Burlington, Massachusetts on December 29, 2008.
Peter A. White,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
 [FR Doc. E9-1177 Filed 1-22-09; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 79, Number 70 (Friday, April 11, 2014)]
[Rules and Regulations]
[Pages 20094-20095]
[FR Doc No: 2014-08151]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 14

[Docket No. FDA-2014-N-0355]

Advisory Committee: Bone, Reproductive and Urologic Drugs
Advisory Committee

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is amending the
standing advisory committees' regulations to change the name and
function of the Advisory Committee for Reproductive Health Drugs. This
action is being taken to reflect changes made to the charter for this
advisory committee.

DATES: This rule is effective April 11, 2014.

FOR FURTHER INFORMATION CONTACT: Teresa Hays, Committee Management
Officer, Food and Drug Administration, 10903 New Hampshire Ave., Silver
Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: FDA is announcing that the name of the
Advisory Committee for Reproductive Health Drugs, which was established
on March 23, 1978, has been changed. The Agency decided that the name
``Bone, Reproductive and Urologic Drugs Advisory Committee'' more
accurately describes the subject areas for which the committee is
responsible. The committee reviews and evaluates data on the safety and
effectiveness of marketed and investigational human drug products for
use in the practice of osteoporosis and metabolic bone disease,
obstetrics, gynecology, urology and related specialties, and makes
appropriate recommendations to the Commissioner of Food and Drugs.
    The Bone, Reproductive and Urologic Drugs Advisory Committee name
was changed and its functions expanded in the charter renewal dated
March 23, 2014. In this final rule, FDA is revising 21 CFR 14.100(c)(9)
to reflect these changes.
    Publication of this final rule constitutes a final action on this
change under the Administrative Procedure Act. Under 5 U.S.C. 553(b)(B)
and (d) and 21 CFR 10.40(d) and (e), the Agency finds good cause to
dispense with notice and public procedure and to proceed to an
immediately effective regulation. Such notice and procedures are
unnecessary and are not in the public

interest because the final rule is merely codifying the new name and
expanded function of the advisory committee to reflect the current
committee charter.

List of Subjects in 21 CFR Part 14

    Administrative practice and procedure, Advisory committees, Color
additives, Drugs, Radiation protection.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
the authority delegated to the Commissioner of Food and Drugs, 21 CFR
part 14 is amended as follows:

PART 14--PUBLIC HEARING BEFORE A PUBLIC ADVISORY COMMITTEE

0
1. The authority citation for 21 CFR part 14 continues to read as
follows:

    Authority:  5 U.S.C. App. 2; 15 U.S.C. 1451-1461, 21 U.S.C. 41-
50, 141-149, 321-394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42
U.S.C. 201, 262, 263b, 264, Pub. L. 107-109; Pub. L. 108-155; Pub.
L. 113-54.

0
2. Section 14.100 is amended by revising the heading of paragraph
(c)(9) and paragraph (c)(9)(ii) to read as follows:

Sec.  14.100  List of standing advisory committees.

* * * * *
    (c) * * *
    (9) Bone, Reproductive and Urologic Drugs Advisory Committee.
    (i) * * *
    (ii) Function: Advises the Commissioner or designee in discharging
responsibilities as they relate to helping to ensure safe and effective
drugs for human use and, as required, any other product for which the
Food and Drug Administration has regulatory responsibility.
* * * * *

    Dated: April 8, 2014.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2014-08151 Filed 4-10-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Pages 2847-2850]
[FR Doc No: 2018-00854]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82497; File No. SR-ICEEU-2017-017]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Proposed Rule Change, Security-Based Swap Submission or Advance
Notice Relating to the ICE Clear Europe Wind Down Framework and Plan
(the ``Wind-Down Plan'' or the ``Plan''), as Most Recently Amended

January 12, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 29, 2017, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule changes described in Items I, II and III below, which
Items have been prepared by ICE Clear Europe. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change, Security-Based Swap Submission, or Advance Notice

    Consistent with its obligations under applicable laws and
regulations,\3\ ICE Clear Europe has adopted its Wind-Down Plan, which
is intended to address scenarios in which the clearing house determines
to wind down, in an orderly fashion, its clearing services.
---------------------------------------------------------------------------

    \3\ As discussed in further detail herein, ICE Clear Europe is
required to establish a wind-down plan under relevant provisions of
the UK Financial Services and Markets Act 2000 (Recognition
Requirements for Investment Exchanges and Clearing Houses)
Regulations 2001 (SI/2001/1995) and Commission Rule 17Ad-
22(e)(3)(ii), 17 CFR 240.17Ad-22(e)(3)(ii).
    The Plan is also designed to be consistent with the Committee on
Payments and Market Infrastructures (``CPMI'')--International
Organization of Securities Commissions (``IOSCO'') Principles for
Financial Market Infrastructures (``PFMIs''), including supplemental
guidance from CPMI-IOSCO which includes its report on ``Recovery of
financial market infrastructures'' published in October 2014 and
revised July 2017 (the ``Recovery Guidance'').
---------------------------------------------------------------------------

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission or
Advance Notice

    In its filing with the Commission, ICE Clear Europe 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. ICE Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C) below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission or
Advance Notice

(a) Purpose
    Consistent with its obligations under applicable laws and
regulations, ICE Clear Europe has adopted a Wind-Down Plan. A wind-down
may result from situations where neither ICEU's Recovery Plan \4\ nor
application of its loss allocation rules have succeeded in stemming
default losses or non-default losses incurred by the clearing house,
and as a result the clearing house cannot remain viable as a going
concern. The Wind-Down Plan is also intended to address scenarios in
which the clearing house, for business reasons, decides that it no
longer wishes to operate as a clearing agency, and therefore may need
to conduct an orderly wind-down of its business. The Wind-Down Plan is
based on, and is intended to be consistent with, ICE Clear Europe's
Clearing Rules (the ``Rules'') \5\ and Procedures, as well as its
existing risk management frameworks, policies and procedures.
---------------------------------------------------------------------------

    \4\ See SR-ICEEU-2017-016, filed December 2017.
    \5\ Capitalized terms used but not defined herein have the
meanings specified in the Rules.
---------------------------------------------------------------------------

Wind-Down Scenarios
    The Plan addresses three particular categories of scenarios in
which wind-down may occur:
    1. Non-insolvency scenario: In this scenario, the ICE Clear Europe
Board voluntarily decides to wind down the clearing business (for
example, if it were to determine that clearing house's business model
had become unviable) (a ``voluntary unwind'').
    2. Insolvency scenario not linked to a member default: In this
scenario, the clearing house would be wound down as a result of a
severe loss unrelated to a clearing member default (a ``non-default
loss'') that could not be addressed through the Recovery Plan or other
means that permit continued operation. Such a non-default loss could
result from fraud or similar circumstances.
    3. Insolvency scenario linked to a member default: In this
scenario, the clearing house would be wound down as a result of losses
from the default of one or more clearing members that could not be
addressed through the Recovery Plan or other means that permit
continued operation, in accordance with the relevant default rules.
    In relation to each of these scenarios, the Plan provides for
consideration of (i) winding down the clearing service in an orderly
manner to close out contracts while minimizing the impact on clearing
members and markets cleared, (ii) ensuring risk continues to be
effectively managed during any wind-down period, and (iii) exiting all
contractual obligations (both within the ICE group and with third
parties, including exchanges, payment banks, custodians, investment
counterparties and service providers). It is contemplated that the
clearing house would take into account input from clearing members and
exchanges on their preferences in connection with any decision to wind
down or as to the means of wind down. The Plan also addresses a
timeline of decision-making processes and notice periods, among other
matters, proposed treatment of positions of different maturities, and
the interaction of cleared positions with the unwinding of treasury
investments and ongoing cash management. The Plan presumes that initial
and variation margin will continue to be collected and paid (by non-
defaulting clearing member) normally until contracts are terminated.
    The Wind-Down Plan is prepared on the basis that no resolution or
similar proceeding occurs with respect to the clearing house in any
jurisdiction.
Wind-Down Options
    The Wind-Down Plan sets out a variety of options for wind-down,
depending on the scenario involved. In the case of an insolvency of ICE
Clear Europe as a result of non-default losses, the Plan contemplates
that all open contracts will be terminated and net sums calculated to
be payable to or from each clearing member for each account category,
in accordance with Rules 912-918 (for the F&O product category) or Rule
209 (for the CDS product category).
    For a voluntary unwind or an unwind following a clearing member
default, the Wind-Down Plan contemplates that for each product
category, ICE Clear Europe will either transfer clearing to another
clearing house or terminate clearing. ICE Clear Europe can take
different actions with respect to the two product categories, and in
the event of a transfer F&O clearing need not be transferred to the
same clearing house as CDS clearing. The ability to transfer clearing
will depend on whether the relevant market and market participants
desire, and are able, to continue trading and

clearing of the relevant product through another clearing house, and on
whether another clearing house can be found to take the product.
Following the transfer and/or termination of clearing, ICE Clear Europe
will wind down the remaining aspects of its business and contractual
relationships.
    The Plan also addresses the timing of wind-down. Pursuant to the
Rules, ICE Clear Europe must give advance notice of a proposed
``Withdrawal Date'' should it cease acting as a clearing house either
generally or in relation to a particular exchange or class of
contracts. In those circumstances such notice must be given at least
four months in advance, unless any action by a regulator, delivery
facility or market causes cessation to take effect within a shorter
period. In other wind-down circumstances, one month's notice is
required.
    Any decision to wind down is expected to be considered over a
period of months, will involve consultation with members, potential
alternative clearing houses, exchange and regulators, and will need
approval by the ICE Clear Europe Board. The Plan contemplates that a
specific execution plan will be developed for any wind-down, based on
the relevant situation.
Types of Execution Plans
1. Transfer of F&O Clearing
    Under this approach, an existing alternative clearing house with
similar platform and capabilities (risk, operations and treasury) to
that of ICE Clear Europe will agree to have ICE Clear Europe's F&O
markets clearing transferred to it. The alternative clearing house will
add any needed additional members and contracts to its platform, and
having tested these additions, will have open positions and margin
funds transferred to it on a specified date.
    The Plan takes into account that for ICE Clear Europe F&O contracts
that are not currently cleared on the recipient clearing house's
platform, the necessary clearing capability will be built and tested
prior to transfer. Positions for which transfer cannot be arranged in
this way could be terminated. The Plan outlines certain conditions that
will be necessary for any transfer to occur. The Plan also outlines key
steps would need to be taken, including communication with stakeholders
(including members, regulators and exchanges), negotiation with the
alternative clearing house, making strategic determinations as to what
systems are to be transferred as between the exchange and clearing
house, notices and required approvals, novation arrangements for
positions being moved, building and testing of new systems, listing of
new contracts at the recipient clearing house, transfer of position
data, novating contracts, and transfer of available margin funds, among
other steps, as applicable. This process is anticipated to take no more
than six months based on experience with other clearing transfers.
2. Termination of F&O Clearing
    Under this approach, ICE Clear Europe will terminate the clearing
of contracts on a specified date, expected to be five months after
notice is provided. Prior to that date, clearing members may unwind
their contracts through market transactions, and trading and clearing
would be expected to continue during the period. ICE Clear Europe will
monitor positions regularly to ensure credit risk is not increasing.
Any remaining trades at the five month point will be terminated at the
end of day price. The Plan outlines certain key steps in the process,
including with respect to communication with stakeholders and position
monitoring.
3. Transfer of CDS Clearing
    Under this approach, clearing of CDS contracts would be transferred
to an alternative clearing house with a similar platform and
capabilities. As with the transfer of F&O clearing, the alternative
clearing house will add any needed additional members and contracts to
its platform, and having tested these additions, will have open
positions and margin funds transferred to it on a specified date. If
that is not possible within the desired timeframe, an additional
option, for CDS contracts that are not subject to a mandatory clearing
obligation, would be to convert open positions into uncleared
contracts, and then parties could resubmit those contracts for clearing
to the new clearing house when ready.
    The Plan outlines certain conditions that will be necessary for any
transfer to occur. The Plan also outlines key steps would need to be
taken, including communication with stakeholders (including members,
regulators and exchanges), negotiation with the alternative clearing
house(s), notices and required regulatory approvals, development and
execution of novation arrangements for positions to be transferred,
building and testing of new systems, migrating open position data,
novating contracts, and transfer of available margin funds, among other
steps, as applicable. This process is anticipated to take no more than
six months based on experience with other clearing transfers. ICE Clear
Europe would continue to provide clearing and maintain risk, treasury
and operations teams up to that point.
4. Termination of CDS Clearing
    This option winds down ICE Clear Europe CDS clearing. ICE Clear
Europe has more limited authority under the Rules to cause a tear-up of
contracts in the CDS product category, and as a result the Plan
contemplates that CDS clearing members would need to agree amongst
themselves in advance as to the manner of and procedures for
termination. If they cannot agree, the Board may decide to enforce
termination in accordance with Rule 105.
    Following ICE Clear Europe's determination to terminate CDS
clearing, it would establish a five month period for CDS clearing
members to unwind their open positions. This could be done through
trading by such clearing members in the market that offsets their
positions, or if this is not possible, by negotiating the conversion of
open matched positions into uncleared contracts (where mandatory
clearing does not apply).
    This Plan specifies certain conditions, including obtains the
necessary agreement of members. The Plan also outlines certain key
steps, including notification of stakeholders of the decision to
terminate, communication of matched open positions to members, and
monitoring the reduction of positions of CDS clearing members during
the five month termination period.
5. Final Wind Down of ICE Clear Europe
    Once the decision to wind down ICE Clear Europe is made, six
months' notice will be provided to terminate all service agreements and
employee contracts. Consideration will be given to incentives to key
staff to stay on through the wind down process.
    The Plan outlines the termination provisions and notice periods
that apply under key agreements, including those with other ICE
entities and with banks and custodians. The Plan also addresses
liquidity considerations during the wind-down period, such that ICE
Clear Europe will be able to obtain and maintain sufficient liquidity
from its investment arrangements to support clearing during the wind-
down period. In this regard, ICE maintains significant liquidity in
cash and short-term instruments such that it expects to be able to meet
liquidity needs during the period. ICE Clear Europe also runs liquidity
stress scenarios that closely match the closing of trading positions in
a wind down situation.

Governance
    Once there is a possibility of wind down, or the ICE Clear Europe
Board has agreed in principle to a wind-down, a Wind Down Planning
Committee, including senior management, would be established. The
Committee will have the following membership: Chair--Non-Executive
Director or Board Chairperson; President; Chief Operating Officer;
Chief Risk Officer; Chief Compliance Officer; and other advisors as
appropriate, e.g., legal counsel. The Committee would be tasked with
exploring with clearing members, exchanges, alternative clearing houses
and regulators the relevant approaches to wind-down, with a goal of
minimizing adverse impact on clearing members. The Plan outlines a
number of considerations for both termination and transfer options that
the Committee should explore. The Committee would report to the Board.
This consultation process is designed to reflect the fact that in a
wind down situation, the Plan would likely be affected by numerous
additional considerations and could require adjustment and modification
to match specific circumstances.
    The maintenance of the Plan is the responsibility of ICE Clear
Europe's Chief Operating Officer and each time the scope of clearing
services change or a planning assumption changes, the Plan will be
updated. The Plan is reviewed annually by the Board Audit Committee and
the full Board.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendments are
consistent with the requirements of Section 17A of the Act \6\ and the
regulations thereunder applicable to it, including the standards under
Rule 17Ad-22.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
    \7\ 17 CFR 240.17Ad-22.
---------------------------------------------------------------------------

    Section 17A(b)(3)(F) of the Act \8\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions and,
to the extent applicable, derivative agreements, contracts, and
transactions, the safeguarding of securities and funds in the custody
or control of the clearing agency or for which it is responsible, and
the protection of investors and the public interest. In addition, Rule
17Ad-22(e)(3)(ii) \9\ requires that each covered clearing agency shall
establish, implement, maintain and enforce written policies and
procedures reasonably designed to, as applicable, maintain a sound risk
management framework for comprehensively managing legal, credit,
liquidity, operational, general business, investment, custody, and
other risks that arise in or are borne by the covered clearing agency,
which includes plans for the recovery and orderly wind-down of the
covered clearing agency necessitated by credit losses, liquidity
shortfalls, losses from general business risk, or any other losses.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1(b)(3)(F).
    \9\ 17 CFR 240.17Ad-22(e)(3)(ii).
---------------------------------------------------------------------------

    The Wind-Down Plan is designed to meet the requirements of Rule
17Ad-22(e)(3)(ii), and is further consistent with the requirements of
the Act. The Wind-Down Plan considers scenarios in which the wind-down
of the clearing services of ICE Clear Europe may be necessary or
desirable, both voluntarily and as a result of default or non-default
losses that cannot be resolved through the Recovery Plan. It sets out
procedures for transferring or terminating clearing of both the CDS and
F&O product categories in a wind-down scenario, as well as terminating
related agreements and arrangements. The Wind-Down Plan also provides
greater transparency to market participants, including clearing
members, about the expected sequence and scope of actions that ICE
Clear Europe may take in a wind-down scenario, and addresses procedures
for consultations with clearing members and other relevant
stakeholders. In ICE Clear Europe's view, the Plan thus meets the
requirements of Rule 17Ad-22(e)(3)(ii). Furthermore, ICE Clear Europe
views the Plan as a key aspect of its general risk management framework
for severe loss scenarios, as it provides an orderly procedure for
termination or transfer of clearing, and thereby promotes the
protection of investors and the public interest, within the meaning of
Section 17A(b)(3)(F) of the Act.
    ICE Clear Europe further notes the requirement in Rule 17Ad-
22(e)(15) \10\ to hold sufficient liquid net assets funded by equity to
cover potential general business losses so that the covered clearing
agency can continue operations and services as a going concern if those
losses materialize, including by (i) determining the amount of liquid
net assets funded by equity based upon its general business risk
profile and the length of time required to achieve a recovery or
orderly wind-down, as appropriate, of its critical operations and
services if such action is taken, and (ii) holding liquid net assets
funded by equity equal to the greater of either (x) six months of the
covered clearing agency's current operating expenses, or (y) the amount
determined by the board of directors to be sufficient to ensure a
recovery or orderly wind-down of critical operations and services of
the covered clearing agency, as contemplated by the plans established
under Rule 17Ad-22(e)(3)(ii) of this section. ICE Clear Europe has
determined that it believes any wind-down can be completed within six
months, and that it holds equity capital at least sufficient to cover
the costs of a wind-down of its clearing services under the Wind-Down
Plan during that period, consistent with the requirements of Rule 17Ad-
22(e)(15).\11\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.17Ad-22(e)(15).
    \11\ 17 CFR 240.17Ad-22(e)(15)(i).
---------------------------------------------------------------------------

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

    ICE Clear Europe does not believe the proposed Wind-Down Plan would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The Wind-Down
Plan does not itself change the rights or obligations of the clearing
house or clearing members, and is based on the termination provisions
set forth in the existing Rules. The Wind-Down Plan has been designed
to meet specific regulatory requirements concerning wind-down planning,
principally to address the circumstance where default or non-default
losses are sufficiently severe that they cannot be addressed through
the Recovery Plan and necessitate termination or transfer of clearing.
ICE Clear Europe does not believe the amendments will impact
competition among clearing members or other market participants, or
affect the ability of market participants to access clearing generally.
While implementation of the Wind-Down Plan, and in particular use of
the plan in a severe loss scenario, would likely impose costs on
clearing members or other market participants, such costs are
consistent with the existing Rules, and in ICE Clear Europe's view,
would be appropriate in light of a loss situation requiring wind-down
of clearing in accordance with applicable regulations.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed amendments have not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any comments received with respect to the proposed
rule change.

III. Date of Effectiveness of the Proposed Rule Change, Security-Based
Swap Submission and Advance Notice and Timing for Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.
    The proposal shall not take effect until all regulatory actions
required with respect to the proposal are completed.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, security-based swap submission or advance notice 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-ICEEU-2017-017 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2017-017. 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, security-based
swap submission or advance notice that are filed with the Commission,
and all written communications relating to the proposed rule change,
security-based swap submission or advance notice between the Commission
and any person, other than those that may be withheld from the public
in accordance with the provisions of 5 U.S.C. 552, will be available
for website viewing and printing in the Commission's Public Reference
Section, 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 such
filings will also be available for inspection and copying at the
principal office of ICE Clear Europe and on ICE Clear Europe's website
at https://www.theice.com/notices/Notices.shtml?regulatoryFilings.
    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-ICEEU-2017-017 and should be
submitted on or before February 9, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-00854 Filed 1-18-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23312-23314]
[FR Doc No: 2017-10398]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0048]

Standard on Powered Platforms for Building Maintenance; Extension
of the Office of Management and Budget's (OMB) Approval of Information
Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
extend OMB approval of the information collection requirements
specified in its Standard on Powered Platforms for Building
Maintenance.

DATES: Comments must be submitted (postmarked, sent, or received) by
July 21, 2017.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2010-0048,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 10:00 a.m. to 3:00 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the Information Collection Request (ICR) (OSHA-2010-
0048). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    Paragraph (e)(9) of the Standard requires that employers develop
and implement a written emergency action plan for each type of powered
platform operation. The plan must explain the emergency procedures that
workers are to follow if they encounter a disruption of the power
supply, equipment failure, or other emergency. Prior to operating a
powered platform, employers must train workers on the importance of
alarm systems and emergency escape routes, and emergency procedures
that pertain to the building on which they will be working. Employers
should review with each worker those parts of the emergency action plan
that the worker must know to ensure their protection during an
emergency; these reviews must occur when the worker receives an initial
assignment involving a powered platform operation and after the
employer revises the emergency action plan.
    According to paragraph (f)(5)(i)(C), employers must affix a load
rating plate in a prominent location on each suspended unit. The load
rating plate should state the unit's weight and its rated load
capacity. Paragraph (f)(5)(ii)(N) requires employers to mount each
emergency electric operating device in a secured compartment and label
the device with instructions for its use. After installing a suspension
wire rope, paragraphs (f)(7)(vi) and (f)(7)(vii) mandate that employers
attach a corrosion-resistant tag with specified information to one of
the wire rope fastenings if the rope is to remain at one location. In
addition, paragraph (f)(7)(viii) requires employers who resocket a wire
rope to either stamp specified information on the original tag or put
that information on a supplemental tag and attach it to the fastening.
    Paragraphs (g)(2)(i) and (g)(2)(ii) require that building owners
have a competent person annually: Inspect the supporting structures of
their buildings; inspect and, if necessary, test the components of the
powered platforms, including control systems; inspect/test

components subject to wear (e.g., wire ropes, bearings, gears, and
governors); and certify these inspections and tests. Under paragraph
(g)(2)(iii), building owners must maintain and, on request, provide to
OSHA a written certification record of these inspections/tests. This
record must include the date of the inspection/test, the signature of
the competent person who performed it, and the number/identifier of the
building support structure and equipment inspected/tested.
    Paragraph (g)(3)(i) mandates that building owners use a competent
person to inspect and, if necessary, test each powered platform
facility according to the manufacturer's recommendations every 30 days,
or prior to use if the work cycle is less than 30 days. Under paragraph
(g)(3)(ii), building owners must maintain and, on request, provide to
the Agency a written certification record of these inspections/tests.
This record must include the date of the inspection/test, the signature
of the competent person who performed it, and the number/identifier of
the powered platform facility inspected/tested.
    According to paragraph (g)(5)(iii), building owners must use a
competent person to thoroughly inspect suspension wire ropes for a
number of specified conditions once a month. Additionally, wire ropes
that have been inactive for 30 days or longer, must be inspected before
placing them into service. Paragraph (g)(5)(v) requires building owners
to maintain and, on request, provide to OSHA a written certification
record of these monthly inspections. This record must consist of the
date of the inspection, the signature of the competent person who
performed it, and the number/identifier of the wire rope inspected.
    Upon completion of this training, paragraph (i)(1)(v) specifies
that employers must prepare a written certification that includes the
identity of the worker trained, the signature of the employer or the
trainer, and the date the worker completed the training. In addition,
the employer must maintain each worker's training certificate for the
duration of their employment and, on request, make it available to
OSHA.
    Emergency action plans allow employers and workers to anticipate,
and effectively respond to, emergencies that may arise during powered
platform operations. Affixing load rating plates to suspended units,
instructions to emergency electric operating devices, and tags to wire
rope fasteners can prevent workplace incidents by providing information
to employers and workers regarding the conditions under which they can
safely operate these systems. Requiring building owners to establish
and maintain written certification of inspections and testing provides
employers and workers with assurance that the building structure and
equipment are in good condition.
    The training requirements allow workers to develop the skills and
knowledge necessary to effectively operate, use, and inspect powered
platforms, recognize and prevent safety hazards associated with
platform operation, respond appropriately under emergency conditions,
and maintain and use their fall protection arrest system. In addition,
the paperwork requirements specified by the Standard provide the most
efficient means for an OSHA compliance officer to determine whether or
not employers and building owners are providing the required
notification and certification.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Standard on Powered Platforms
for Building Maintenance (29 CFR 1910.66). The Agency is requesting a
decrease in its current burden hours from 130,764 hours to 130,763
hours, a difference of one hour. The Agency will summarize the comments
submitted in response to this notice and will include this summary in
the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Standard on Powered Platforms for Building Maintenance (29
CFR 1910.66).
    OMB Control Number: 1218-0121.
    Affected Public: Business or other for-profits.
    Number of Respondents: 900.
    Frequency: On occasion; Initially, Monthly, Annually.
    Average Time per Response: Various.
    Total Burden Hours Requested: 130,763.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2010-0048). You
may supplement submissions by uploading document electronically. If you
wish to mail additional materials in reference to an electronic or
facsimile submission, you must submit them to the OSHA Docket Office
(see the section of this notice titled ADDRESSES). The additional
materials must clearly identify your electronic comments by your name,
date, and the docket number so the Agency can attach them to your
comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>). Comments
and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov Web site to submit comments and
access the docket is available at the Web site's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the Web site, and for assistance in using the Internet
to locate docket submissions.

V. Authority and Signature

    Dorothy Dougherty, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority

for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor's Order No. 1-2012 (77 FR 3912).

    Signed at Washington, DC, on May 8, 2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-10398 Filed 5-19-17; 8:45 am]
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