[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Notices]
[Pages 17259-17263]
[FR Doc No: 2021-06671]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91425; File No. SR-PEARL-2021-09]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange
Rule 2614, Orders and Order Instructions, To Adopt and Make Available
the Reserve Quantity Instruction for Orders on the MIAX PEARL Equities
Platform

March 26, 2021.
    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 March 23, 2021, MIAX PEARL, LLC (``MIAX PEARL'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposed rule change to amend Exchange
Rule 2614, Orders and Order Instructions, to adopt the Reserve Quantity
instruction.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
PEARL's principal office, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend Exchange Rule
2614, Orders and Order Instructions, to adopt the Reserve Quantity
instruction that would be available to orders in equity securities
traded on the Exchange's equity trading platform (referred to herein as
``MIAX Pearl Equities''). In sum, a Reserve Quantity instruction would
enable a User \3\ to specify that a portion of their order be displayed
and another portion of their order be non-displayed. The proposed
operation of the Reserve Quantity instruction is well established in
the equity markets and is based on similar functionality offered at
other exchanges.\4\
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    \3\ Exchange Rule 1901 defines the term ``User'' as ``any Member
or Sponsored Participant who is authorized to obtain access to the
System pursuant to Exchange Rule 2602.''
    \4\ See, e.g., Cboe BYX Exchange, Inc. (``BYX'') and Cboe BZX
Exchange, Inc. Rules 11.9(c)(1), Cboe EDGA Exchange, Inc. (``EDGA'')
and Cboe EDGX Exchange, Inc. (``EDGX'', collectively with BYX, BZX,
and EDGA, the ``Cboe Equity Exchanges'') Rules 11.6(m), New York
Stock Exchange LLC (``NYSE'') Rule 7.31(d)(1), NYSE Arca, Inc.
(``NYSE Arca'') Rule 7.31-E(d)(1), NYSE American LLC (``NYSE
American'', collectively with NYSE and NYSE Arca, the ``NYSE
Exchanges'') Rule 7.31E(d)(1), Investors Exchange, Inc. (``IEX'')
Rule 11.190(b)(2), The NASDAQ Stock Market LLC (``NASDAQ'') Rule
4703(h), and MEMX LLC (``MEMX'') Rule 11.6(k).

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    The Exchange understands that some market participants avoid
sending large displayed orders to MIAX Pearl Equities out of concern
that revealing the full size of their order may adversely impact the
market for the security. Market participants submitting large volume
orders may, therefore, have the desire to conceal the full size of
their order to avoid anticipatory action from other market
participants. As only a small portion of the order is visible at any
one time, price movements and market impact would be reduced. For
example, a large institutional investor may want to avoid placing a
large sell order that could cause panic. On the other hand, an
institutional investor looking to buy shares at the lowest possible
price may want to avoid placing a large buy order that professional
traders could see and attempt to increase the price of the stock.
    To facilitate the liquidation or acquisition of a large position,
market participants tend to submit multiple orders into the market that
may only represent a fraction of the overall institutional position to
be executed. Various strategies used by institutional market
participants to execute large orders are intended to limit price
movement of the security at issue. Displaying the full size of their
interest at one time may impact the market for that security such that
the execution of their order's full size may be more costly to execute.
As a result, these orders may often be executed away from the Exchange
in dark pools or other exchanges that offer the same functionality as
proposed herein,\5\ or via broker-dealer internalization.
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    \5\ Id.
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    To attract larger orders, the Exchange proposes to add new optional
functionality in the form of the Reserve Quantity instruction. The
proposed Reserve Quantity instruction would be set forth under new
paragraph (c)(8) of Exchange Rule 2614 and be described as an
instruction a User may attach to an order where a portion of the order
is displayed (``Displayed Quantity'') and with a portion of the order
non-displayed (``Reserve Quantity''). Upon entry, both the Displayed
Quantity and the Reserve Quantity are eligible to trade with resting
interest in the MIAX Pearl Equities Book or route to away markets. When
resting, both the Displayed Quantity and Reserve Quantity are available
for execution against incoming and Aggressing Orders.\6\ The Exchange
also proposes to make a related change to Exchange Rule
2614(a)(1)(A)(i) to specify that the Reserve Quantity instruction may
be attached to a Limit Order.\7\
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    \6\ Exchange Rule 1901 defines the term ``Aggressing Order'' as
``an order to buy (sell) that is or becomes marketable against sell
(buy) interest on the MIAX Pearl Equities Book. A resting order may
become an Aggressing Order if its working price changes, if the PBBO
or NBBO is updated, because of changes to other orders on the MIAX
Pearl Equities Book, or when processing inbound messages.''
    \7\ Exchange Rule 2614(a)(1)(A)(i) would also provide that a
displayed Limit Order with a Reserve Quantity must include a
replenishment instruction and a replenishment amount, as described
herein.
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Replenishment Amounts
    Exchange Rule 2614(c)(8)(A) would describe how an order's Displayed
Quantity may be replenished from the Reserve Quantity. Specifically,
Exchange Rule 2614(c)(8)(A) would provide that a User must select the
initial Displayed Quantity (``Max Floor'') when entering an order with
a Reserve Quantity.\8\ The Max Floor is also used to determine the
replenishment amount and must be entered in round lots.\9\ If the
Displayed Quantity is reduced to less than the round lot,\10\ the
System \11\ will replenish the Displayed Quantity from the Reserve
Quantity using one of two replenishment options in accordance with the
User's instruction. The two proposed replenishment options are Random
Replenishment and Fixed Replenishment, the descriptions of each would
be set forth under proposed Exchange Rule 2614(c)(8)(A)(i), described
below. Proposed Exchange Rule 2614(c)(8)(A)(ii) sets forth the default
replenishment option and provides an order with a Reserve Quantity will
be subject to Fixed Replenishment unless the User affirmatively elects
Random Replenishment.\12\
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    \8\ This behavior is identical to that of the Cboe Equity
Exchanges and NYSE Exchanges. See, e.g., EDGX Rule 11.6(m)(1) and
NYSE Rule 7.31(d)(1)(A).
    \9\ 100 shares constitutes a ``round lot'', unless specified by
the primary listing market to be fewer than 100 shares. See Exchange
Rule 2610.
    \10\ This behavior is identical to that of the Cboe Equity
Exchanges and NYSE Exchanges. See, e.g., EDGX Rule 11.6(m)(1) and
NYSE Rule 7.31(d)(1)(A).
    \11\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \12\ This default behavior is identical to that of the Cboe
Equity Exchanges. See, e.g., EDGX Rule 11.6(m)(1)(B).
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Random Replenishment
    Random Replenishment is an instruction where replenishment
quantities are randomly determined by the System within a replenishment
range established by the User. The User entering an order into the
System subject to the Random Replenishment instruction must select a
replenishment value and a Max Floor. The initial Displayed Quantity and
replenishment quantities will be determined by the System by randomly
selecting a number of shares within a replenishment range that is
between: (i) The Max Floor minus the replenishment value; and (ii) the
Max Floor plus the replenishment value.\13\
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    \13\ This behavior is identical to that of the Cboe Equity
Exchanges. See, e.g., EDGX Rule 11.6(m)(1)(A). See also NASDAQ Rule
4703(h) (providing that the Participant may stipulate that the
original and subsequent displayed size will be an amount randomly
determined based on factors selected by the Participant (a ``Random
Reserve'')).
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    The following example illustrates the operation of Random
Replenishment. A User enters an order into the System to buy 10,000
shares at $100 and the User selects Random Replenishment with a Max
Floor of 1,000 shares and a replenishment value of 400 shares (``Order
1''). Under Random Replenishment, the System will generate the initial
Displayed Quantity and subsequent replenished Displayed Quantities from
within a replenishment range that is calculated by adding and
subtracting the 400 share replenishment value from the order's Max
Floor of 1,000 shares. For Order 1, 1,000 shares plus or minus 400
shares equals a replenishment range of 600 to 1,400 shares. Assume the
System randomly chooses an initial Displayed Quantity of 800 shares,
resulting in a Reserve Quantity of 9,200 shares. An inbound Market
Order \14\ to sell 800 shares (``Order 2'') is entered into the System
and Order 2 executes against Order 1's 800 share Displayed Quantity.
Under Random Replenishment, the Displayed Quantity of Order 1 is
randomly replenished to a new round lot quantity within the
replenishment range of 600 to 1,400 shares. Assume the System selects a
replenishment quantity of 1,200 shares for Order 1. Order 1's Displayed
Quantity will be 1,200 shares to buy at $100, resulting in a Reserve
Quantity of 8,000 shares. Upon replenishment, the Displayed Quantity
will receive a new time stamp and the

Reserve Quantity will retain its original time stamp, as described
below.\15\
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    \14\ A Market Order is an order to buy (sell) a stated amount of
a security that is to be executed at the PBO (PBB) or better. See
Exchange Rule 2614(a)(2).
    \15\ This behavior is identical to that of the NYSE Exchanges.
See, e.g., NYSE Rule 7.31(d)(1)(B). See infra note 20 and
accompanying text.
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Fixed Replenishment
    Fixed Replenishment is an instruction where the System will
replenish the Displayed Quantity to equal the Max Floor designated by
the User.\16\ The following example illustrates the operation of Fixed
Replenishment. A User enters an order into the System to buy 10,000
shares at $100 with a Max Floor of 1,000 shares and a Reserve Quantity
of 9,000 shares (``Order 1''). The order defaults to Fixed
Replenishment with an initial Displayed Quantity of 1,000 shares, equal
to its Max Floor. An inbound Market Order to sell 400 shares is entered
into the System (``Order 2''). Order 2 executes against the Order 1's
Displayed Quantity of 1,000 shares, resulting in Order 1's Displayed
Quantity to be decremented to 600 shares. Another order to sell 600
shares is entered (``Order 3''). Order 3 executes against Order 1's
Displayed Quantity of 600 shares. Order 1's Displayed Quantity is then
replenished by the System from its Reserve Quantity to the order's Max
Floor of 1,000 shares, resulting in a remaining Reserve Quantity of
8,000 shares.
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    \16\ This behavior is identical to that of the Cboe Equity
Exchanges. See, e.g., EDGX Rule 11.6(m)(1)(B).
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    Exchange Rule 2614(c)(8)(A)(iii) would provide that if after a
partial execution the remainder of the order is less than the
replenishment amount, the Exchange will replenish the Displayed
Quantity to equal the remaining size of the order.\17\ The following
example illustrates the proposed behavior. A User enters an order into
the System to buy 200 shares at $100 with a Max Floor of 100 shares and
a Reserve Quantity of 100 shares (``Order 1''). Order 1 defaults to
Fixed Replenishment with an initial Displayed Quantity of 100 shares,
equal to its Max Floor. An inbound Market Order to sell 150 shares is
entered into the System (``Order 2''). Order 2 executes against the
Order 1's Displayed Quantity of 100 shares and then executes against
Order 1's Reserve Quantity of 50 shares, resulting in Order 1's Reserve
Quantity to be decremented to 50 shares. The total size of Order 1 is
now 50 shares (0 share Displayed Quantity + 50 shares Reserve Quantity
= 50 shares). Order 1's Displayed Quantity will now equal its remaining
order size of 50 shares because 50 shares is less than Order's 1 Max
Floor of 100 shares.
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    \17\ This behavior is identical to that of the Cboe Equity
Exchanges. See, e.g., EDGX Rule 11.6(m)(1).
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Priority
    Exchange Rule 2614(c)(8)(B) would describe the priority treatment
of an order's Displayed Quantity and Reserve Quantity. Exchange Rule
2614(c)(8)(B)(i) would provide that the Displayed Quantity of the order
is provided displayed priority pursuant to Exchange Rule
2616(a)(2)(A)(i) and the Reserve Quantity is provided non-displayed
priority pursuant to Exchange Rule 2616(a)(2)(A)(ii).\18\ The Exchange
does not propose to make any changes to Exchange Rule 2616 regarding
the priority of displayed and non-displayed orders.
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    \18\ This proposed priority treatment is identical to the Cboe
Equity Exchange and the NYSE Exchanges. See, e.g., EDGX Rule
11.9(a)(6) and NYSE Rule 7.31(d)(1).
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    The following example illustrates this behavior. A User enters an
order to buy 6,000 shares at $30.50, the PBB,\19\ with a Displayed
Quantity of 1,000 shares and a Reserve Quantity of 5,000 shares
(``Order 1''). Order 1 is subject to Fixed Replenishment. A User then
enters a displayed order to buy 600 shares at $30.50 with no Reserve
Quantity (``Order 2''). Subsequently, an order to sell 2,000 shares is
entered into the System (``Order 3''). Order 3 first executes against
the Order 1's Displayed Quantity of 1,000 shares, then executes against
the full 600 shares of Order 2, and then executes 400 shares from Order
1's Reserve Quantity. The Displayed Quantities of Orders 1 and 2
execute in time priority, followed by the Reserve Quantity of Order 1.
The Displayed Quantity of Order 1 is then replenished for 1,000 shares,
leaving a Reserve Quantity of 3,600 shares.
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    \19\ With respect to the trading of equity securities, the term
``Protected NBB'' or ``PBB'' shall mean the national best bid that
is a Protected Quotation, the term ``Protected NBO'' or ``PBO''
shall mean the national best offer that is a Protected Quotation,
and the term ``Protected NBBO'' or ``PBBO'' shall mean the national
best bid and offer that is a Protected Quotation. See Exchange Rule
1901.
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    As discussed above, Exchange Rule 2614(c)(8)(B)(ii) would provide
that each time the Displayed Quantity is replenished from the Reserve
Quantity, a new time stamp is created for the Displayed Quantity, while
the Reserve Quantity retains its time stamp.\20\
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    \20\ This proposed priority treatment is identical to the NYSE
Exchanges. See, e.g., NYSE Rule 7.31(d)(1)(B).
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Re-Pricing
    As stated above, the Exchange proposes to amend Exchange Rule
2614(a)(1)(A)(i) to specify that the Reserve Quantity instruction may
be attached to a Limit Order.\21\ The Displayed Quantity of the Limit
Order will be subject to the Exchange's existing standard re-pricing
processes for displayed orders.\22\ Exchange Rule 2614(c)(8)(C) would
specify that the Reserve Quantity's working price will be adjusted
pursuant to the Non-Displayed Price Sliding Process as provided for
Exchange Rule 2614(g)(2).
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    \21\ The Exchange does not propose to allow a Reserve Quantity
to be included with any other order type at this time.
    \22\ See Exchange Rule 2614(a)(1)(E), (F), and (H). This
proposed behavior is identical to the NYSE Exchanges. See, e.g.,
NYSE Rule 7.31(d)(1).
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Routing
    The behavior of an order with a Reserve Quantity would be described
under Exchange Rule 2614(c)(8)(D) and would provide that any quantity
of an order with a Reserve Quantity that is returned unexecuted will
join the Reserve Quantity. If there is no Reserve Quantity to join, the
returned quantity will be assigned a new time stamp as the Reserve
Quantity. In either case, such Reserve Quantity will replenish the
Displayed Quantity pursuant to the replenishment options set forth
under Exchange Rule 2614(C)(8)(A)(1), described above.\23\
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    \23\ This behavior is identical to that of the NYSE Exchanges.
See, e.g., NYSE Rule 7.31(d)(1)(D)(ii).
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Cancel/Replace Messages
    The Exchange proposes to amend Exchange Rule 2614(e)(3) to describe
what changes may be made to an order with a Reserve Quantity via a
Replace Message. Currently, Exchange Rule 2614(e)(3) provides that only
the price, sell long, sell short, or short exempt indicator, and size
terms of the order may be changed by a Replace Message. The Exchange
proposes to amend Exchange Rule 2614(e)(3) to also provide that the Max
Floor of an order with a Reserve Quantity may also be changed by a
Replace Message.\24\ If a User desires to change any other terms of an
existing order the existing order must be cancelled and a new order
must be entered.
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    \24\ This behavior is identical to that of the Cboe Equity
Exchanges. See, e.g., EDGX Rule 11.10(e)(3).
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    The Exchange proposes to make a related change to Exchange Rule
2616(a)(5) to describe when a modification to an order with a Reserve
Quantity made pursuant to Exchange Rule 2614(e)(5) described above may
result in a change to that order's timestamp. Exchange Rule 2616(a)(5)
currently provides that in the event an order has been cancelled or
replaced in accordance with Exchange Rule 2614(e), such order only
retains its timestamp if

such modification involves a decrease in the size of the order or a
change in position from (A) sell to sell short; (B) sell to sell short
exempt; (C) sell short to sell; (D) sell short to sell short exempt;
(E) sell short exempt to sell; and (F) sell short exempt to sell short.
The Exchange proposes to amend Exchange Rule 2616(a)(5) to also provide
that a change to the Max Floor of an order with a Reserve Quantity in
accordance with Exchange Rule 2614(e)(5) will not result in a change to
the order's timestamp.\25\ Any other modification to an order with a
Reserve Quantity, including an increase in the size of the order and/or
price change, will result in such order losing time priority as
compared to other orders in the MIAX Pearl Equities Book and the
timestamp for such order being revised to reflect the time of the
modification.
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    \25\ This behavior is identical to that of the Cboe Equity
Exchanges. See, e.g., EDGX Rule 11.9(a)(4).
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Implementation
    Due to the technological changes associated with this proposed
change, the Exchange will issue a trading alert publicly announcing the
implementation date of this proposed rule change. The Exchange
anticipates that the implementation date will be in either the second
or third quarter of 2021.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\26\ in general, and furthers the objectives of Section
6(b)(5),\27\ 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 regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposed rule change
would remove impediments to and promote just and equitable principles
of trade because it would provide market participants, including
institutional firms who ultimately represent individual retail
investors in many cases, with optional functionality that would provide
them with better control over their orders.
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    \26\ 15 U.S.C. 78f(b).
    \27\ 15 U.S.C. 78f(b)(5).
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    As discussed above, the proposed optional Reserve Quantity would
allow a User to elect that only a small portion of the order is visible
at any one time, potentially reducing price movements and market
impact. For example, a large institutional investor may want to avoid
placing a large sell order that could cause panic. On the other hand,
an institutional investor looking to buy shares at the lowest possible
price may want to avoid placing a large buy order that professional
traders could see and attempt to increase the price of the stock.
Therefore, the proposal would also provide them with greater potential
to improve the quality of their order executions.
    Because the Exchange does not have this functionality, the Exchange
believes that market participants, such as large institutions that
transact a large number of orders on behalf of retail investors, do not
frequently send large orders to the Exchange to avoid potentially more
expensive transactions. In this regard, the Exchange notes that the
proposed new optional Reserve Quantity instruction may improve the
Exchange's market by attracting more order flow. Such new order flow
will further enhance the depth and liquidity on the Exchange, which
supports just and equitable principles of trade and benefits all market
participants. Furthermore, the proposed Reserve Quantity instruction is
consistent with providing market participants with greater flexibility
over their orders so that they may achieve their trading goals and
improve the quality of their executions.
    Lastly, the Exchange believes its proposal promotes just and
equitable principles of trade because the proposed operation of the
Reserve Quantity instruction is well established in the equity markets
and is based on similar functionality at other exchanges.\28\ The
Exchange does not propose to include any unique functionality as part
of its proposed Reserve Quantity instruction. For example, the Exchange
does not propose any unique priority treatment for orders with a
Reserve Quantity as the Displayed Quantity will be provided displayed
priority and the Reserve Quantity will be provided non-displayed
priority under existing Exchange Rule 2616(a). The Exchange also does
not propose to route an order with a Reserve Quantity any differently
than other orders that are eligible to be routed to an away market
center under Exchange Rule 2617(b). As described throughout the
proposal, all portions of the proposed rule text are based on the rules
of the Cboe Equity Exchanges or the NYSE Equity Exchanges. Therefore,
the Exchange believes the proposed rule change is consistent with the
Act.
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    \28\ See supra note 4.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. In fact, the Exchange
believes that the proposal may have a positive effect on competition
because it will enable the Exchange to offer functionality
substantially similar to that offered by the Cboe Equity Exchanges, the
NYSE Exchanges, NASDAQ, MEMX, and IEX.\29\ As noted above, the Exchange
believes its lack of this functionality has put it at a competitive
disadvantage as market participants, such as large institutions that
transact a large number of orders on behalf of retail investors, have
avoided sending large orders to the Exchange to avoid potentially more
expensive transactions. This proposal is designed to allow the Exchange
to directly compete with other exchanges that offer similar Reserve
Quantity functionality. The Exchange believes that its proposal
promotes competition because it is designed to attract liquidity to the
Exchange by allowing market participants to designate how much of their
order is to be displayed at one time, thus providing them with
functionality available to them on other exchanges.
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    \29\ Id.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \30\ and Rule 19b-4(f)(6) \31\
thereunder.
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    \30\ 15 U.S.C. 78s(b)(3)(A).
    \31\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.

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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 Number SR-PEARL-2021-09 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-PEARL-2021-09. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-PEARL-2021-09, and should be submitted
on or before April 22, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
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    \32\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-06671 Filed 3-31-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Notices]
[Pages 28374-28375]
[FR Doc No: 2012-11572]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR12-7-001]

SourceGas Distribution LLC; Notice of Compliance Filing

    Take notice that on April 30, 2012, SourceGas Distribution LLC
(SourceGas) filed a revised Statement of Operating Conditions to comply
with an unpublished Delegated letter order issued on April 24, 2012.
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make

protestants parties to the proceeding. Any person wishing to become a
party must file a notice of intervention or motion to intervene, as
appropriate. Such notices, motions, or protests must be filed on or
before the date as indicated below. Anyone filing an intervention or
protest must serve a copy of that document on the Applicant. Anyone
filing an intervention or protest on or before the intervention or
protest date need not serve motions to intervene or protests on persons
other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on Monday, May 14, 2012.

    Dated: May 7, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-11572 Filed 5-11-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Proposed Rules]
[Pages 66103-66109]
[FR Doc No: 2019-25954]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0208; FRL-10002-11-Region 6]

Air Plan Approval; Oklahoma; Updates to the General SIP and New
Source Review Permitting Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve
identified portions of revisions to the State Implementation Plan (SIP)
for Oklahoma submitted by the State of Oklahoma designee by letters
dated May 16, 1994; July 26, 2010; January 8, 2018; May 16, 2018; and
December 19, 2018 and as clarified on May 16, 2018. This action
addresses the revisions submitted to the Oklahoma SIP pertaining to
incorporation by reference of Federal requirements, updates to the
general SIP provisions and New Source Review (NSR) permit programs to
address public notice and modeling requirements, including certain
statutory provisions.

DATES: Written comments must be received on or before January 3, 2020.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0208, at https://www.regulations.gov or via email to
<EMAIL_ADDRESS>Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact Adina Wiley, (214) 665-
2115<EMAIL_ADDRESS>For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6 Office, 1201 Elm Street, Suite 500, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Adina Wiley, EPA Region 6 Office, Air
Permits Section, 1201 Elm Street, Suite 500, Dallas, TX 75270, 214-665-
2115<EMAIL_ADDRESS>To inspect the hard copy materials, please
schedule an appointment with Adina Wiley or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    Section 110 of the Act requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
EPA's National Ambient Air Quality Standards (NAAQS). These ambient
standards are established under section 109 of the Act and they
currently address six criteria pollutants: Carbon monoxide, nitrogen

dioxide, ozone, lead, particulate matter, and sulfur dioxide. The
state's air regulations are contained in its SIP, which is basically a
clean air plan. Each state is responsible for developing SIPs to
demonstrate how the NAAQS will be achieved, maintained, and enforced.
The SIP must be submitted to the EPA for approval and any changes a
state makes to the approved SIP also must be submitted to the EPA for
approval.
    Section 110(a)(2)(C) of the CAA requires states to develop and
submit to the EPA for approval into the SIP, preconstruction review and
permitting programs applicable to certain new and modified stationary
sources of air pollutants for attainment and nonattainment areas that
cover both major and minor new sources and modifications, collectively
referred to as the NSR SIP. The CAA NSR SIP program is composed of
three separate programs: Prevention of Significant Deterioration (PSD),
Nonattainment New Source Review (NNSR), and Minor NSR. The EPA codified
minimum requirements for these State permitting programs including
public participation and notification requirements at 40 CFR 51.160-
51.164. Requirements specific to construction of new stationary sources
and major modifications in nonattainment areas are codified in 40 CFR
51.165 for the NNSR program. Requirements for permitting of new
stationary sources and major modifications in attainment areas subject
to PSD, including additional public participation requirements, are
found at 40 CFR 51.166.
    The State of Oklahoma submitted revisions to the Oklahoma SIP on
May 16, 1994; July 16, 2010; January 8, 2018; May 16, 2018; and
December 19, 2018 and a clarification letter dated May 16, 2018. On May
16, 1994, the Governor of Oklahoma submitted the recodification of the
Oklahoma regulations as a revision to the Oklahoma SIP. The EPA
addressed most of this recodification on November 3, 1999; this
proposed rulemaking addresses the repeal of Regulation 3.8. See 64 FR
59629. On July 16, 2010, Mr. J.D. Strong, Secretary of Environment,
submitted revisions to the Oklahoma SIP to implement NSR Reform. The
submittal included revisions to Subchapters 1 and 8 in OAC 252:100 that
became effective June 15, 2006. The EPA has acted on all portions of
the July 16, 2010, submittal except for the adoption of OAC 252:100-8-
36.1, which will be addressed in this proposed rulemaking. See 81 FR
66535. On January 8, 2018, Mr. Michael Teague, Secretary of Energy and
Environment, submitted revisions to the Oklahoma SIP that included the
annual SIP update for 2017, with amendments to Subchapters 1, 2, 8, and
Appendix Q. On May 16, 2018, Mr. Michael Teague, Secretary of Energy
and Environment, submitted revisions to the Oklahoma SIP that included
updates and amendments to OAC 252:4, relevant Oklahoma statutes, and a
clarification letter dated May 16, 2018, about how the Oklahoma public
notice process addresses the requirements for PSD public notice. On
December 19, 2018, Mr. Michael Teague, Secretary of Energy and
Environment, submitted revisions to the Oklahoma SIP that included the
annual SIP updates for 2018, with amendments to OAC 252:100,
Subchapters 2, 8, and Appendix Q. Collectively, the submitted revisions
update the incorporation by reference of Federal requirements, the
general SIP provisions and New Source Review (NSR) permit programs to
address public notice and modeling requirements.

II. The EPA's Evaluation

    The accompanying Technical Support Document (TSD) for this action
includes a detailed analysis of the submitted revisions to the Oklahoma
SIP. Our analysis indicates that the May 16, 1994; July 16, 2010;
January 8, 2018; May 16, 2018; and December 19, 2018, SIP revisions
were developed in accordance with the CAA and the State provided
reasonable notice and public hearing.

General SIP Updates

     On May 16, 1994, the Governor of Oklahoma submitted a
recodification of the existing Oklahoma regulations as a revision to
the Oklahoma SIP; as part of this recodification the State of Oklahoma
requested that we remove Regulation 3.8 from the SIP. The EPA has
determined that the provisions of Regulation 3.8, approved into the
Oklahoma SIP on August 15, 1983, address the control of emissions of
hazardous air pollutants (HAPs) and therefore do not need to be
included in the Oklahoma SIP. Control of HAP emissions is appropriately
addressed through the delegation of NESHAP and MACT standards; see the
EPA's recent approval at 83 FR 53183 (October 22, 2018).
     The January 8, 2018, submittal updated the general
definitions applicable to the entire Oklahoma SIP at OAC 252:100-1-3 to
be consistent with Federal requirements. The definition of ``building,
facility, or installation'' was revised to be consistent with the
requirements at 40 CFR 51.165(a)(1)(ii)(A) and (B) and 40 CFR
51.166(b)(6)(i) and (ii). The definition of ``carbon dioxide equivalent
emissions'' was revised to delete the Greenhouse Gas (GHG) Biomass
Deferral provisions.\1\ On May 23, 2016, the EPA disapproved the GHG
Biomass Deferral revisions to the definition of ``carbon dioxide
equivalent emissions'' at OAC 252:100-1-3 in the January 8, 2013, SIP
submittal. See 81 FR 32239. The deletion of the provisions in the
January 8, 2018, submittal is approvable as consistent with Federal
requirements for permitting of GHGs and the EPA's May 23, 2016,
disapproval. Additionally, removal of the GHG Biomass Deferral
provisions from the definition will enable the EPA to remove the
disapproval at 40 CFR 52.1922(c).
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    \1\ On July 12, 2013, the D.C. Circuit, in Center for Biological
Diversity v. EPA, 722 F.3d 401, vacated the provisions of the GHG
Biomass Deferral. Due to a series of extension requests and
rehearing proceedings, the court did not issue its mandate making
the vacatur effective until August 10, 2015. However, the GHG
Biomass Deferral expired by its own terms on July 21, 2014.
---------------------------------------------------------------------------

     The revisions to OAC 252:100, Subchapter 2 and Appendix Q
submitted on January 8 and December 19, 2018, update the incorporation
by reference dates so the Oklahoma SIP maintains consistency with
Federal requirements. The State of Oklahoma is also incorporating by
reference the requirements of the EPA's Guideline on Air Quality Models
at 40 CFR part 51, appendix W; this updated incorporation ensures that
the ODEQ will apply the current EPA models and requirements for SIP and
air permit modeling needs.
     The May 16, 2018, Oklahoma SIP submittal included several
revisions to existing SIP-approved requirements at OAC 252:4, Rules of
Practice and Procedure, applicable to the entirety of the Oklahoma SIP.
The submittal included revisions to OAC 252:4, Subchapter 1--General
Provisions adopted May 6, 2005, April 25, 2013, and June 9, 2016; OAC
252:4, Subchapter 3--Meetings and Public Forums adopted March 27, 2007;
and OAC 252:4, Subchapter 9--Administrative Proceedings, Part 3--
Individual Proceedings adopted May 1, 2009, and April 25, 2013. The
submitted revisions clarify existing SIP-approved requirements and
update internal cross-references to other Oklahoma regulations.
     The May 16, 2018, Oklahoma SIP submittal included several
revisions to the existing permit-related SIP requirements at OAC 252:4,
Subchapter 7--Environmental Permit Process adopted on March 28, 2002;
March 25, 2003, April 25, 2013, and June 13, 2017. OAC 252:4-7-5 has
been expanded to clarify how the ODEQ processes permit fees and fee
refunds. OAC 252:4-7-13

has been revised to include new public notice requirements. Revisions
to OAC 252:4-7-13(g)(1)-(3) adopted on March 25, 2003, ensure
consistency with Federal public notice requirements at 40 CFR
51.166(q)(2)(iii) by requiring public notices to be published in a
newspaper of general circulation, identify the emissions changes
involved in the modification, and require written notice to neighboring
states where the air quality may be impacted. Revisions to OAC 252:4-7-
13(g)(5) adopted on June 13, 2017, require public notices for PSD
permits to specify the degree of increment consumption and that public
notices for PSD permits are sent to the applicant, EPA Administrator,
and officials and agencies having cognizance over the location of the
proposed construction, consistent with the Federal PSD requirements at
40 CFR 51.166(q)(2)(iii) and (iv), discussed more fully in the section
about PSD public notice requirements.\2\ Section OAC 252:4-7-18 has
been expanded to clarify how the ODEQ will review and correct a permit
prior to issuance. Section OAC 252:4-7-20 has been added to specify the
process of ODEQ review of a final permit decision and the contents of
the final permit decision administrative record. The SIP-approved
portions of OAC 252:4-7-32 have been renumbered; the EPA is only
addressing the renumbering in this proposal. Section OAC 252:4-7-33 has
been expanded to include new 7-33(c)(3) which requires Tier II public
notice for the SIP-approved plant-wide emission plan approvals at OAC
252:100, Subchapters 37 or 39.
---------------------------------------------------------------------------

    \2\ The EPA is taking no action on the severable revision to OAC
252:4-7-13(g)(4) adopted on March 25, 2003, and submitted May 16,
2018. This adopted provision is specific to operating permits, which
are addressed through a state's part 70 program rather than the SIP.
---------------------------------------------------------------------------

     The new provisions at OAC 252:4-17-1--OAC 252:4-17-7
adopted on April 27, 2007, and the revisions to OAC 252:4-17-2 and OAC
252:4-17-4 adopted on June 9, 2016, submitted as a revision to the
Oklahoma SIP on May 16, 2018, establish the requirements for Cross-
Media Electronic Reporting Rule (CROMERR) compliant electronic
reporting under 40 CFR parts 51 and 52 in the State of Oklahoma. The
EPA has separately evaluated and approved the Oklahoma Electronic
Document Receiving System as CROMERR compliant. See 73 FR 58587, 79 FR
55792, and 81 FR 36301. The requirements at OAC 252:4-17-1 through OAC
252:4-17-7 are approvable as revisions to the Oklahoma SIP consistent
with the requirements of 40 CFR 51.286.
    The EPA has determined it is appropriate to approve the general
revisions to the Oklahoma SIP discussed above because these revisions
maintain consistency with Federal requirements and will not interfere
with any applicable requirement concerning attainment and reasonable
further progress or any other applicable CAA requirements.

PSD Updates

    The State of Oklahoma submitted revisions to the PSD Program on
January 8, 2018, that were adopted on June 13, 2017 at OAC 252:100-8-
31, Definitions; OAC 252:100-8-33, Exemptions; and OAC 252:100-8-35,
Air quality impact evaluation. Additional revisions to OAC 252:100-8-35
were adopted on June 18, 2018 and submitted on December 19, 2018.
     The submitted revisions to OAC 252:100-8-31, update the
definitions of: (1) ``Regulated NSR Pollutant'' to be consistent with
the Federal requirements at 40 CFR 51.166(b)(49); (2) ``Significant''
to be consistent with the Federal requirements at 40 CFR 51.166(b)(23);
and (3) ``Subject to regulation'' to remove the GHG Biomass Deferral
and GHG PSD permitting requirements for non-anyway sources to be
consistent with the Federal requirements at 40 CFR 51.166(b)(48). On
May 23, 2016, the EPA disapproved the GHG Biomass Deferral and GHG PSD
permitting requirements for non-anyway sources in the definition of
``Subject to regulation'' at OAC 252:100-8-31 in the January 8, 2013
SIP submittal. See 81 FR 32239. Approval of the revisions to the
definition of ``Subject to regulation'' will allow the EPA to remove
the disapproval of the Oklahoma non-anyway permitting provisions at 40
CFR 52.1922(b)(2) and the disapproval of the GHG Biomass Deferral at 40
CFR 52.1922(c).
     The revisions to OAC 252:100-8-33 update the PSD
Exemptions consistent with Federal requirements. The provisions at OAC
252:100-8-33(a)(2) have been updated to reflect the Federal
requirements at 40 CFR 51.166(i)(2) for nonattainment designations for
revoked NAAQS. The exemptions from air quality analysis requirements at
OAC 252:100-8-33(c) have been updated to remove the significant
monitoring concentration exemption for PM2.5, consistent
with the Federal PSD requirements at 40 CFR 51.166(i)(5)(i) and the
EPA's prior disapproval on October 28, 2016. See 81 FR 74921. As a
result of this change, the EPA will remove the disapproval at 40 CFR
52.1920(b)(3).
     The revisions to OAC 252:100-8-35(a) adopted June 13, 2017
and submitted January 8, 2018, remove the provisions establishing
PM2.5 significant impact levels. The EPA previously
disapproved the provisions at OAC 252:100-8-35(a)(2) on October 28,
2016. See 81 FR 74921. The deletion of these provisions from the State
regulations is consistent with Federal PSD requirements at 40 CFR
51.166(k)(2) and addresses our disapproval. As such, the EPA will
remove the disapproval at 40 CFR 52.1922(b)(4).
     The revisions to OAC 252:100-8-35(b) adopted June 18, 2018
and submitted December 19, 2018, remove the incorporation by reference
date of the EPA's Guideline on Air Quality Models at 40 CFR part 51,
appendix W. This revision is necessary to update the Oklahoma PSD SIP
to use the current version of the EPA's Guideline on Air Quality
Modeling, consistent with Federal PSD requirements at 40 CFR 51.166(l).
The removal of the IBR date in OAC 252:100-8-35(b) works with the
updated incorporation by reference dates submitted in OAC 252:100,
Subchapter 2 and Appendix Q. As the EPA makes updates to appendix W,
the ODEQ will update the Oklahoma SIP IBR dates in OAC 252:100,
Subchapter 2 and Appendix Q, thereby ensuring the Oklahoma PSD program
will be updated in the future.
     The revisions to OAC 252:100-8-35(c) adopted June 18, 2018
and submitted December 19, 2018, remove the incorporation by reference
date of the EPA's 40 CFR part 58, appendix B. The removal of this date
ensures the Oklahoma SIP can use the latest version of 40 CFR part 58,
appendix B, consistent with the Federal PSD permitting requirements at
40 CFR 51.166(m)(3).
    The EPA has determined it is appropriate to approve the revisions
to the Oklahoma PSD program submitted January 8 and December 19, 2018,
as discussed above because these revisions maintain consistency with
Federal requirements and will not interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable CAA requirements.

NNSR Updates

    The State of Oklahoma submitted revisions to the NNSR Program on
January 8, 2018 that were adopted on June 13, 2017 at OAC 252:100-8-
51.1, Emissions reductions and offsets. The submitted revisions update
the incorporation by reference date of 40 CFR 51.165(a)(11) to April 6,
2015, consistent with the effective date of the

revisions promulgated by the EPA on March 6, 2015 to address the NNSR
permitting requirements for the 2008 ozone standard. See 80 FR 12264.
The March 6, 2015, final rule specifies that emission offsets for NNSR
permitting must be for the same regulated pollutant; states have the
discretion to allow interprecursor trading for either ozone or direct
PM2.5 emissions only if this discretion is identified in the
SIP. The State of Oklahoma is attainment for both ozone and
PM2.5; there is no requirement for the Oklahoma SIP to
include an NNSR program for either ozone or PM2.5, or to
identify whether the State will exercise its discretionary authority to
allow interprecursor trading to satisfy emission offset requirements.
We can propose approval of the revisions to OAC 252:100-8-51.1 because
the State has incorporated by reference Federal permitting
requirements. However, if the State of Oklahoma is designated
nonattainment for ozone or PM2.5 at any time in the future,
a subsequent SIP revision would be necessary to provide for
interprecursor trading for emission offsets.

PSD Public Notice Updates

    On June 15, 2006, the State of Oklahoma adopted, and submitted on
July 26, 2010, a new provision for PSD Public Notice at OAC 252:100-8-
36.1. This section relies on the separate authorities found at OAC
252:4 and 27A Oklahoma Statutes (O.S.) 2-5-112 and 27A O.S. 2-14-101 to
2-14-304 to satisfy the Federal public notice requirements for PSD
permit applications. On May 16, 2018, the State of Oklahoma submitted a
revision to the Oklahoma SIP that included revisions to OAC 252:4,
updated versions of the Oklahoma Statutes, and a clarification letter
dated May 16, 2018 regarding PSD public notice requirements. The EPA's
evaluation of how these regulations and statutes satisfy PSD public
notice requirements is summarized below. The full analysis is contained
in the TSD for this action.
     40 CFR 51.166(q)(1) requires that the permitting authority
will notify all applicants within a specified time period as to the
completeness of the application or any deficiency in the application.
The Oklahoma SIP satisfies 40 CFR 51.166(q)(1) through OAC 252:4-7-7,
which requires the ODEQ to complete an administrative completeness
review within 60 calendar days from receipt of the permit application.
If the application is deemed incomplete, then the applicant is notified
by mail of the deficiencies and supplemental information is requested.
The EPA SIP-approved OAC 252:4-7-7 on May 15, 2017. See 82 FR 22281.
     40 CFR 51.166(q)(2)(i) requires that within one year after
receipt of a complete application, the reviewing authority will make a
preliminary determination whether construction should be approved,
approved with conditions, or disapproved. The Oklahoma SIP satisfies 40
CFR 51.166(q)(2)(i) through OAC 252:4-7-31, which requires that
construction permits for PSD sources be reviewed and issued or denied
within 365 days. Construction permits generally cover new PSD sources
and modifications to existing PSD sources. The EPA SIP-approved OAC
252:4-7-31 on May 15, 2017. See 82 FR 22281.
     40 CFR 51.166(q)(2)(ii) requires that within one year
after receipt of a complete application, the reviewing authority will
make available in at least one location in each region in which the
proposed source is proposed to be constructed a copy of all materials
the applicant submitted, a copy of the preliminary determination, and
any other materials considered in making the preliminary determination.
The Oklahoma SIP satisfies 40 CFR 51.66(q)(2)(ii) through the May 16,
2018 clarification letter, the application of 27A O.S. 2-14-302(A),
302(B), and the definition of ``Record'' at 51 O.S. 24A.3 and OAC
252:4-1-5. Under the definition of ``Record'' at 51 O.S. 24A.3, any
materials provided to the ODEQ during the permit application process
would be considered part of the permit record in the State of Oklahoma.
Section OAC 252:4-1-5 requires the permit record to be available for
public inspection and copying at the ODEQ offices. The ODEQ confirmed
this through the May 16, 2018, clarification letter in which they state
``All applications, including all materials, updates, modeling files,
etc. that are submitted with the application or in support/
clarification of the application, are considered part of the
application, and, along with the Department's draft permit decision and
analysis, are available for public review in the Department's main
Oklahoma City office (and/or Tulsa office) (regardless of Tier).'' In
addition, 27A O.S. 2-14-302(B) (applicable to Tier II and Tier III
applications, per 27A O.S. 2-14-302(A)) requires the applicant upon
publication of notice of a draft permit, to make the draft permit and
the application available for public review at a location in the county
where the proposed new site or existing facility is located.
     40 CFR 51.166(q)(2)(iii) requires that within one year of
receipt of a complete application, the reviewing authority will provide
public notice in a newspaper of general circulation in each region in
which the proposed source would be constructed of the application, the
preliminary determination, the expected degree of increment consumption
and the opportunity for comment at a public hearing as well as written
comments. The Oklahoma SIP satisfies 40 CFR 51.166(q)(2)(iii) through
the May 16, 2018 clarification letter, the submitted revisions to OAC
252:4-7-13(g)(5) and the application of 27A O.S. 2-14-301 and 2-14-302.
The Oklahoma SIP relies on newspaper notice for the consistent method
of noticing under the Federal PSD requirements. 27A O.S. 2-14-301
requires that a permit applicant publish notice of filing in a local
newspaper. 27A O.S. 2-14-302 requires that the public notice of the
draft permit be provided by the applicant in a local newspaper; notice
of a draft denial will be provided by the ODEQ in a local newspaper.
The notice of the draft permit or denial will provide 30 days for
public comment and the opportunity to request a public meeting. The
revisions to OAC 252:4-7-13(g)(5) require that all published notices
for a PSD permit application must include the expected degree of
increment consumption.
     40 CFR 51.166(q)(2)(iv) requires that within one year of
receipt of a complete application, the reviewing authority will send a
copy of the notice of public comment to the applicant, the EPA
Administrator, and to officials and agencies having cognizance over the
location where the proposed construction would occur. The Oklahoma SIP
satisfies 40 CFR 51.166(q)(2)(iv) through the May 16, 2018
clarification letter, the submitted revisions to OAC 252:4-7-13(g) and
the application of 27A O.S. 2-14-302. 27A O.S. 2-14-302 requires public
notice of the draft permit or denial through the local newspaper. OAC
252:4-7-13(g)(1) requires that permit applicants give notice to
individuals on a mailing list maintained by the ODEQ. The revisions to
OAC 252:4-7-13(g)(5) specify that the mailing list for PSD permit
applicants must include the applicant; the EPA Administrator; chief
executives of the city and county where the source would be located;
any comprehensive regional land use planning agency; and any State,
Federal Land Manager or Tribal Government whose lands may be affected
by emissions from the source or modifications.
     40 CFR 51.166(q)(2)(v) requires that within one year from
receipt of a complete application, the reviewing authority must provide
opportunity for

a public hearing for interested persons to appear and submit written or
oral comments. The Oklahoma SIP satisfies 40 CFR 51.166(q)(2)(v)
through the May 16, 2018 clarification letter and the application of
27A O.S. 2-14-302 and 27A O.S. 2-14-303. 27A O.S. 2-14-302 requires
that a public notice include a 30-day public comment period and the
opportunity to request a formal public meeting. 27A O.S. 2-14-303
provides the rules the ODEQ will follow if a formal meeting is
requested.
     40 CFR 51.166(q)(2)(vi) requires that within one year from
receipt of a complete application, the reviewing authority will
consider all comments, both written and oral, and make all comments
available for public inspection. The Oklahoma SIP satisfies 40 CFR
51.166(q)(2)(vi) through the May 16, 2018 clarification letter, the
definition of ``response to comments'' at 27A O.S. 2-14-103, the
application of 27A O.S. 2-14-304, the definition of ``Record'' at 51
O.S. 24A.3, and OAC 252:4-1-5. Through the definition of ``record'',
any comments submitted either written or oral, would be considered part
of the ODEQ's permitting record and pursuant to OAC 252:4-1-5, must be
available at the ODEQ offices. The ODEQ is required to prepare a
response to comments document consistent with the definition at 27A
O.S. 2-14-103 and the requirements at 27A O.S. 2-14-304.
     40 CFR 51.166(q)(2)(vii) requires that within one year
from receipt of a complete application, the reviewing authority will
make a final determination on the permit application. The Oklahoma SIP
satisfies 40 CFR 51.166(q)(2)(vii) through OAC 252:4-7-31 which
requires that construction permits for PSD sources be reviewed and
issued or denied within 365 days. This would apply to a new PSD source
or modification to an existing PSD source. EPA SIP-approved OAC 252:4-
7-31 on May 15, 2017. See 82 FR 22281.
     40 CFR 51.166(q)(2)(viii) requires that within one year
from receipt of a complete application, the reviewing authority will
notify the applicant in writing of the final determination and make the
notification available for public inspection. The Oklahoma SIP
satisfies 40 CFR 51.166(q)(2)(viii) through the May 16, 2018
clarification letter, the submitted revisions to OAC 252:4-7-20(c), the
requirements at OAC 252:4-7-31, the application of 27A O.S. 2-14-304,
27A O.S. 2-14-304(C)(2), 27A O.S. 2-14-304(F), and the definition of
``Record'' at 51 O.S. 24A.3. OAC 252:4-7-31 requires that PSD
construction permits will be issued or denied within one year from
receipt of a complete application. The EPA SIP-approved the
requirements at OAC 252:4-7-31 on November 26, 2010. See 75 FR 72695.
27A O.S. 2-14-304 requires the ODEQ to give notice of the final permit
decision to the applicant. The new requirements at OAC 252:4-7-20(c)
identify the elements of the permit administrative record that must be
prepared by the ODEQ, including the final permit. In addition, OAC
252:4-1-5 requires the record to be available for public inspection at
the ODEQ offices.
    The EPA has also determined we need to approve portions of the
submitted Oklahoma statutes into the Oklahoma SIP because they provide
unique authorities not provided elsewhere through Oklahoma regulation.
Specifically, the following statutory provisions are necessary for the
Oklahoma SIP to satisfy the PSD public notice requirements:
     Definitions of ``Process Meeting'' and ``Response to
Comments'' at 27A O.S. 2-14-103 added July 1, 1994, and last modified
and effective November 1, 2015;
     The provisions for notification to an affected state at
27A O.S. 2-5-112(E) added May 15, 1992, and last modified and effective
June 3, 2004;
     27A O.S. 2-14-301, 2-14-302, and 2-14-303 added and in
effect July 1, 1996;
     27A O.S. 2-14-304 added July 1, 1996, and last modified
and effective May 9, 2002;
     Definition of ``Record'' at 51 O.S. 24A.3, added November
1, 1985, and last modified and effective November 1, 2014;
     The requirement to maintain, and the description of the
contents of, the rulemaking record at 75 O.S. 302(B) promulgated in
1963 and last modified and effective November 1, 1998;
     The process for adoption, amendment or revocation of a
rule at 75 O.S. 303 promulgated in 1963 and last modified and affective
November 1, 2013; and
     Definition of ``Meeting'' at 25 O.S. 304(2) added October
1, 1977, and last modified and effective in 2010.
    The EPA has determined it is appropriate to approve the above
identified statutory provisions and regulatory revisions into the
Oklahoma SIP because these revisions maintain consistency with Federal
requirements for PSD public notice and will not interfere with any
applicable requirement concerning attainment and reasonable further
progress or any other applicable CAA requirements.

III. Proposed Action

    We are proposing to approve under section 110 of the CAA, revisions
to the Oklahoma SIP that revise the incorporation by reference dates
for Federal requirements and update the NSR PSD and NNSR permitting
programs to maintain consistency with Federal requirements. We have
determined that the revisions submitted on May 16, 1994; July 26, 2010;
January 8, 2018; May 16, 2018; and December 19, 2018, as clarified by
letter dated May 16, 2018, were developed in accordance with the CAA
and EPA's regulations, policy, and guidance for SIP development and NSR
permitting. The EPA proposes approval of the following as revisions to
the Oklahoma SIP:
     Removal of Regulation 3.8, adopted on March 30, 1994,
submitted May 16, 1994;
     New OAC 252:100-8-36.1, Public Participation, adopted on
April 28, 2006, effective on June 15, 2006, submitted July 16, 2010;
     Submitted on January 8, 2018:
    [cir] Revisions to OAC 252:100-1-3, Definitions, adopted on June
13, 2017 and effective September 15, 2017;
    [cir] Revisions to OAC 252:100-2-3 and Appendix Q for Incorporation
by Reference, adopted on June 13, 2017 and effective September 15,
2017;
    [cir] Revisions to OAC 252:100-8-31, Definitions, adopted on June
13, 2017 and effective September 15, 2017;
    [cir] Revisions to OAC 252:100-8-33, Exemptions, adopted on June
13, 2017 and effective September 15, 2017;
    [cir] Revisions to OAC 252:100-8-35, Air quality impact evaluation,
adopted on June 13, 2017 and effective September 15, 2017; and
    [cir] Revisions to OAC 252:100-8-51.1, Emissions reductions and
offsets, adopted on June 13, 2017 and effective September 15, 2017.
     Submitted on May 16, 2018:
    [cir] Revisions to OAC 252:4-1-2, Definitions, adopted on June 9,
2016, effective September 15, 2016;
    [cir] Revisions to OAC 252:4-1-3, Organization, adopted on April
25, 2013, effective July 1, 2013, and revisions adopted on June 9,
2016, effective September 15, 2016;
    [cir] Revisions to OAC 252:4-1-5, Availability of a record, adopted
on May 6, 2005, effective June 15, 2005, and revisions adopted on April
25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-1-6, Administrative fees, adopted on
May 6, 2005, effective June 15, 2005;
    [cir] Revisions to OAC 252:4-3-1, Meetings, adopted on March 27,
2007, effective June 15, 2007;

    [cir] Revisions to OAC 252:4-7-5, Fees and fee refunds, adopted on
June 13, 2017, effective September 15, 2017;
    [cir] Revisions to OAC 252:4-7-13, Notices, adopted on March 25,
2003, effective June 1, 2003, except for OAC 252:4-7-13(g)(4), and
revisions adopted April 25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-7-15, Permit issuance or denial,
adopted on May 28, 2002, effective June 1, 2002, and revisions adopted
April 25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-7-18, Pre-issuance permit review and
correction, adopted April 25, 2013, effective July 1, 2013;
    [cir] New OAC 252:4-7-20, Agency review of final permit decision,
adopted April 25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-7-32, Air quality applications -Tier
I, adopted March 25, 2003, effective June 1, 2003;
    [cir] Revisions to OAC 252:4-7-33, Air quality applications--Tier
II, adopted March 25, 2003, effective June 1, 2003, except for OAC
252:4-7-33(c)(4);
    [cir] Revisions to OAC 252:4-9-32, Individual proceedings filed by
others, as adopted on May 1, 2009, effective July 1, 2009 and revisions
adopted April 25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-9-51, In general, adopted on March 24,
2004, effective June 1, 2004;
    [cir] Revisions to OAC 252:4-9-52, Individual proceedings, adopted
on March 24, 2004, effective June 1, 2004;
    [cir] New OAC 252:4-17, Electronic Reporting, sections OAC 252:4-
17-1--OAC 252:4-17-7, adopted April 27, 2007, effective June 15, 2017;
    [cir] Revisions to OAC 252:4-17-2, Definitions, adopted June 9,
2016, effective September 15, 2016;
    [cir] Revisions to OAC 252:4-17-4, Electronic signature agreement,
adopted June 9, 2016, effective September 15, 2016;
    [cir] Letter to Ms. Anne Idsal, Regional Administrator, EPA Region
6, dated May 16, 2018 regarding ``Clarification of PSD Public
Participation Procedures under 2017 Revisions to the Oklahoma State
Implementation Plan (SIP)'';
    [cir] Definitions of ``Process Meeting'' and ``Response to
Comments'' at 27A O.S. 2-14-103 added July 1, 1994, and last modified
and effective November 1, 2015;
    [cir] The provisions for notification to an affected state at 27A
O.S. 2-5-112(E) added May 15, 1992, and last modified and effective
June 3, 2004;
    [cir] 27A O.S. 2-14-301, 2-14-302, and 2-14-303 added and in effect
July 1, 1996;
    [cir] 27A O.S. 2-14-304 added July 1, 1996, and last modified and
effective May 9, 2002;
    [cir] Definition of ``Record'' at 51 O.S. 24A.3, added November 1,
1985, and last modified and effective November 1, 2014;
    [cir] The requirement to maintain, and the description of the
contents of, the rulemaking record at 75 O.S. 302(B) promulgated in
1963 and last modified and effective November 1, 1998;
    [cir] The process for adoption, amendment or revocation of a rule
at 75 O.S. 303 promulgated in 1963 and last modified and affective
November 1, 2013; and
    [cir] Definition of ``Meeting'' at 25 O.S. 304(2) added October 1,
1977, and last modified and effective in 2010.
     Submitted December 19, 2018:
    [cir] Revisions to OAC 252:100-2-3 and Appendix Q adopted on June
18, 2018 and effective September 15, 2018; and
    [cir] Revisions to OAC 252:100-8-35, Air quality impact evaluation,
adopted on June 18, 2018 and effective September 15, 2018.
    The EPA is proposing that the provisions in OAC 252:4-1-1, 4-1-2,
4-1-3, 4-1-4, 4-1-5, 4-1-6, 4-1-7, 4-1-8, and 4-1-9, and OAC 252:100-5-
1, 5-1.1 and 5-2.2 are applicable to the entirety of the Oklahoma SIP
and the amendatory language table at 40 CFR 52.1920(c) should be
modified to reflect this finding. Additionally, the EPA proposes to
remove the disapprovals listed in 40 CFR 52.1922(b)(2), (3), and (4)
and (c), because the State has submitted appropriate revisions to the
SIP to correct the disapprovals.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Oklahoma regulations and statutes as
described in the Proposed Action section above. We have made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and in hard copy at the EPA Region 6 office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
proposed rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: November 21, 2019.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2019-25954 Filed 12-2-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Notices]
[Pages 77686-77688]
[FR Doc No: 2015-31438]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76597; File No. SR-EDGX-2015-60]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
19.6, Series of Options Contracts Open for Trading

December 9, 2015.
    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 2, 2015, EDGX Exchange, Inc. (``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 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.
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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 for the Exchange's equity options
platform (``EDGX Options'') to amend Interpretation and Policy .07
(Mini Options Contracts) to Rule 19.6 (Series of Options Contracts Open
for Trading).
    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 proposes to amend Interpretation and Policy .07 to
Rule 19.6 regarding Mini Options Contracts traded on EDGX Options, to
replace the name ``Google Inc.'' with ``Alphabet Inc.'' Google Inc.
(``Google'') recently reorganized to create a new public holding
company called Alphabet Inc. (``Alphabet''). As a result of the holding
company reorganization, each share of Class A Common Stock (``GOOG''),
which the Exchange has listed as a Mini Options Contract, has
automatically converted into an equivalent corresponding share of
Alphabet Inc. stock. The Exchange also proposes to change symbol
``GOOG'' in Interpretation and Policy .07 to Rule 19.6 to ``GOOGL'' to
make the EDGX Options Alphabet Class A Common Stock Mini Options
Contract symbol consistent with the Alphabet symbols used across the
national exchanges.
    The Exchange proposes this change to Interpretation and Policy .07
to enable the Exchange to list and trade Mini Options Contract on
Google, now Alphabet, Class A shares. The Exchange is proposing to make
this change because, on October 5, 2015 Google reorganized and as a
result underwent a name change.
    The purpose of this change is to ensure that Interpretation and
Policy .07 to Rule 19.6 reflects the Exchange's intention to be able to
list and trade Mini Options on an exhaustive list of underlying
securities enumerated in Interpretation and Policy .07 to Rule 19.6.
This change is meant to continue the inclusion of Class A shares of
Google (now Alphabet) in the current list of underlying securities that
Mini Options Contracts can be traded on, while making clear that Class
C Capital Stock shares of Google (now Alphabet) are not part of that
list as that class of options has not been approved for Mini Options
Contracts trading. As a result, the proposed change will help avoid
confusion.
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.\3\ Specifically, the
proposal is consistent with Section 6(b)(5) of the Act \4\ because it
would promote just and equitable principles of trade, remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system and, in general, to protect investors and
the public interest. Additionally, the Exchange believes the proposed
rule change is consistent with the Section 6(b)(5) \5\ requirement that
the rules of an exchange not be designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
    \5\ Id.
---------------------------------------------------------------------------

    In particular, the proposal to change the name Google to Alphabet
to reflect the new ownership structure is consistent with the Act
because the proposed change merely updates the current name to allow
for continued Mini Options Contracts trading on Google's (now Alphabet)
Class A shares and changes the symbol ``GOOG'' to ``GOOGL'' to be
consistent with other national exchanges. The proposed change will
allow for continued benefit to investors by enabling the Exchange to
provide them with additional investment alternatives.

(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
does not impose any burden on intra-market competition because it
applies to all members and member organizations uniformly. There is no
burden on inter-market competition because the exchange [sic] is merely
attempting to continue to have the ability to list and trade Class A
shares of the company formerly known as Google, now Alphabet, as a Mini
Option Contract. Additionally, the changing the ``GOOG'' symbol to
``GOOGL'' will be a change in name-only. The new symbol will continue
to represent shares of Google's (now Alphabet's) Class A shares. As a
result, there will be no substantive changes to the Exchange's
operations or its rules.

(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

    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 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 \6\ and Rule 19b-4(f)(6)
thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \8\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \9\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest
as it will allow the Exchange to accurately reflect the new ownership
structure and ticker symbol for Alphabet Class A shares and to continue
to list and trade mini options on Alphabet's Class A shares, formerly
Google Class A shares. For these reasons, the Commission designates the
proposed rule change to be operative upon filing.\10\
---------------------------------------------------------------------------

    \10\ 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).
---------------------------------------------------------------------------

    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 Number SR-EDGX-2015-60 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-EDGX-2015-60. 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 also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-EDGX-2015-60, and should be
submitted on or before January 5, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-31438 Filed 12-14-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Notices]
[Pages 60023-60024]
[FR Doc No: 2011-24374]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0005; FRL-8888-5]

Pesticide Products; Receipt of Applications To Register New Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces receipt of an applications to register
new uses for pesticide products containing currently registered active
ingredients, pursuant to the provisions of section 3(c) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA is
publishing this notice of such application, pursuant to section 3(c)(4)
of FIFRA.

DATES: Comments must be received on or before October 28, 2011.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number specified in Unit II., by one of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One

Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA.
Deliveries are only accepted during the Docket Facility's normal hours
of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays). Special arrangements should be made for deliveries of
boxed information. The Docket Facility telephone number is (703) 305-
5805.
    Instructions: Direct your comments to the docket ID number
specified for the pesticide of interest as shown in Unit II. EPA's
policy is that all comments received will be included in the docket
without change and may be made available on-line 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 regulations.gov or e-mail. The
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 regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the 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.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: The contact person is listed in Unit
II., and may be contacted by telephone or e-mail. The mailing address
is: Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
If you are commenting on a docket that addresses multiple products,
please indicate the registration numbers that apply to your comment.
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Registration Applications for New Uses

    EPA received applications as follows to register pesticide products
containing currently registered active ingredients pursuant to the
provisions of section 3(c) of FIFRA, and is publishing this Notice of
such applications pursuant to section 3(c)(4) of FIFRA. Notice of
receipt of these applications does not imply a decision by the Agency
on the applications.
    Registration Number/File Symbol: 66222-ERT. Docket Number: EPA-HQ-
OPP-2010-0466. Company name and address: Makhteshim Agan of North
America, Inc., 4515 Falls of Neuse Rd., Raleigh, NC 27609. Active
ingredient: Novaluron. Proposed Use: First residential use. Contact:
Jennifer Gaines, Registration Division,<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 15, 2011.
Daniel J. Rosenblatt,
Acting, Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-24374 Filed 9-27-11; 8:45 am]
BILLING CODE 6560-50-P


Janet Cakir/RTP/USEPA/US

03/13/2008 03:19 PM

To

Lydia Wegman/RTP/USEPA/US@EPA

cc

Tricia Crabtree/RTP/USEPA/US@EPA, Ron Evans/RTP/USEPA/US@EPA

Subject

Final set of electronic files for the March 2008 Ozone NAAQS RIA

Lydia,

    I am pleased to provide to you in this, and the following emails, a final set of electronic files for the March 2008 Ozone NAAQS Final RIA.  Within these files is the Regulatory Impact Analysis performed by the Air Benefit and Cost Group to support 2008 Ozone NAAQS Review.

Thank you,

Janet Cakir

_______________________________________

Janet F. Cakir, Ph.D.

Environmental Protection Specialist

Air Benefits Cost Group

109 TW Alexander Dr., (C439-02)

Research Triangle Park, NC 27711

Tel:<PHONE_NUMBER>

Fax:<PHONE_NUMBER>

email<EMAIL_ADDRESS>