[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Proposed Rules]
[Pages 66318-66320]
[FR Doc No: 2013-26165]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 300

[Release No. SIPA-171; File No. SIPC-2012-01]

Securities Investor Protection Corporation

AGENCY: Securities and Exchange Commission.

ACTION: Proposed rule.

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SUMMARY: The Securities Investor Protection Corporation (``SIPC'')
filed a proposed rule change with the Securities and Exchange
Commission (``Commission''). The proposed rule change amends SIPC Rule
400, entitled ``Rules Relating to Satisfaction of Customer Claims for
Standardized Options,'' which relates to the satisfaction of customer
claims for standardized options under the Securities Investor
Protection Act of 1970 (``SIPA''). The Commission is publishing the
proposed rule change for public comment. Because SIPC rules have the
force and effect as if promulgated by the Commission, those rules are
published in Title 17 of the Code of Federal Regulations.

DATES: Comments are to be received on or before November 26, 2013.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments concerning the foregoing by any of the following
methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SIPC-2012-01 on the subject line.

Paper Comments

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

All submissions letters should refer to File Number SIPC-2012-01. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/other.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. 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.

FOR FURTHER INFORMATION CONTACT: Michael A. Macchiaroli, Associate
Director, at<PHONE_NUMBER>; Thomas K. McGowan, Deputy Associate
Director, at<PHONE_NUMBER>; Sheila Dombal Swartz, Special Counsel, at
(202) 551-5545; or Kimberly N. Chehardy, Special Counsel, at (202) 551-
5791, Office of Financial Responsibility, Division of Trading and
Markets, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-7010.

SUPPLEMENTARY INFORMATION: Pursuant to Section 3(e)(2)(A) of SIPA,\1\
notice is hereby given that SIPC filed with the Commission on November
7, 2012, a proposed rule change, as described in Item I below, which
item has been substantially prepared by SIPC. On January 31, 2013, SIPC
filed Amendment No. 1 to the proposed rule change.\2\ The Commission is
publishing

this notice to solicit comments on the proposed rule change, as
modified by Amendment No. 1, from interested persons.
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    \1\ 15 U.S.C. 78ccc(e)(2)(A).
    \2\ Amendment No. 1 is a partial amendment which modifies the
initial proposed changes to subsection (h) of Rule 400, by inserting
the phrase ``a `security' under section 16(14) of the Act and is''
prior to the words ``issued by a securities clearing agency. . . .''
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I. SIPC'S Statement of the Purpose of, and Statutory Basis for, the
Proposed Rule Change

    In its filing with the Commission, SIPC 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 above.
SIPC has prepared the following summary of the purpose of and statutory
basis for the proposed rule change.\3\
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    \3\ The Commission has modified the language in this section.
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    SIPC Rule 400, 17 CFR 300.400 (``Rule 400'' or ``the Rule''), was
enacted to provide clarity in the treatment of customer claims based on
``Standardized Options'' positions, in the liquidation of broker-
dealers under SIPA. Currently, Rule 400 generally provides for the
closeout of open Standardized Options positions upon the commencement
of a SIPA liquidation. Based upon the amounts realized upon closeout,
the trustee calculates the value of customers' Standardized Options
positions, and credits or debits customers' accounts by the appropriate
amounts. The purpose of the proposed rule change is to amend SIPC Rule
400 in the following respects: (1) To provide trustees appointed under
SIPA with greater flexibility in the distribution of Standardized
Options upon the commencement of a SIPA liquidation proceeding; and (2)
to modify the definition of Standardized Options under Rule 400(h), to
include an option that is a ``security'' under SIPA and is issued by an
SEC-registered securities clearing agency or a foreign securities
clearing agency, i.e., an over-the-counter option (``OTC Option''). The
proposed amendments create an alternative to closeout by allowing the
SIPA trustee, with SIPC's consent, to transfer some or all of such
Standardized Options positions to another SIPC member for the accounts
of customers.
    Under SIPC Rule 400(h), ``Standardized Options'' means options
traded on a national securities exchange, an automated quotation system
of a registered securities association, or a foreign securities
exchange. The proposed amendments also would modify the definition of
``Standardized Options'' to include any other option that is a
``security'' under section 16(14) of SIPA and is issued by a registered
securities clearing agency or foreign securities clearing agency.\4\
For example, the Options Clearing Corporation (``OCC'') proposed, and
the Commission approved, a rule change to establish a legal and
operational framework for OCC to provide central clearing for OTC
Options.\5\ If OCC clears OTC Options, these options will be deemed
``Standardized Options'' and subject to closeout or transfer in a SIPA
proceeding.
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    \4\ Existing Rule 400 applies to options traded on foreign
securities exchanges as well as U.S. exchanges. For consistency,
amended Rule 400 will apply to OTC options issued by foreign
securities clearing agencies as well as U.S.-registered clearing
agencies.
    \5\ See Securities Exchange Act Release No. 67835 (Sept. 12,
2012), 77 FR 57602 (Sept. 18, 2012), (SR-OCC-2012-14); see also
Securities Exchange Act Release No. 68434 (Dec. 14, 2012), 77 FR
75243 (Dec. 19, 2012) (approving proposed rule change). OCC also
filed, and received accelerated approval of, a proposed rule change
to reflect enhancements in its system for theoretical analysis and
numerical simulations as applied to longer-tenor options. Securities
Exchange Act Release No. 70719 (Oct. 18, 2013), 78 FR 63548 (Oct.
24, 2013), (SR-OCC-2013-16).
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    In light of experience and knowledge gained from the liquidation of
Lehman Brothers Inc. (``Lehman'') and other SIPA proceedings, SIPC has
determined that allowing SIPA trustees the flexibility, subject to SIPC
approval, of transferring customers' options positions or of
liquidating their positions, would be beneficial to the investing
public and consistent with the customer protection purposes of SIPA.
Moreover, because the OTC Options are similar to exchange-traded index
options, and generally would be cleared by a securities clearing agency
registered under Section 17A of the Exchange Act subject to the same
basic rules and procedures used for the clearance of index options,
there appears to be no practical basis to treat OTC Options differently
under SIPA. Indeed, modifying the definition of ``Standardized
Options'' under Rule 400(h) to include OTC Options would update, and
therefore enhance, the protections afforded customers in the event of a
liquidation of their broker-dealer.

A. Past Experience

    The ability to transfer Standardized Options positions to another
brokerage in lieu of an automatic closeout gives SIPA trustees more
flexibility in distributing such customer assets after the commencement
of a SIPA liquidation proceeding, and more closely approximates what
the customer would expect to be in his account but for the failure of
the broker-dealer. This is particularly true where the trustee, as in
the Lehman case, was able promptly to effectuate bulk transfers of
customer accounts to other brokerages enabling customers to re-gain
access to their accounts in the form in which the accounts existed pre-
liquidation, with comparatively minimal disruption. In such instances,
customers generally are better served by having their options positions
transferred with their other securities to their accounts at their new
broker-dealer. The proposed amendments would provide clear authority
for a SIPA trustee to transfer the Standardized Options positions, with
SIPC's consent. This greater flexibility in the treatment of open
positions would enhance customer protection under exigent
circumstances, and potentially avoid exacerbating the turmoil or harm
to customers and/or the markets that could be caused by the forced
liquidation of open positions.

B. OTC Options

    In view of the potential clearing of OTC Options, modifying the
definition of Standardized Options to include such options is
appropriate and in keeping with the customer protection functions of
SIPA. OTC Options will be ``securities'' for purposes of both the
Securities Act of 1933 and the Exchange Act. They also will be a
``security'' under section 16(14) of SIPA, 15 U.S.C. 78lll(14), which
provides that that the term ``security'' means ``any put, call,
straddle, option, or privilege on any security, or group or index of
securities'' (emphasis added).
    In a SIPA liquidation, customers would be protected against the
loss of their OTC Options custodied with the SIPC member broker-dealer.
Section 16(2) of SIPA, 15 U.S.C. 78lll(2), provides that ``[t]he term
`customer' of a debtor means any person . . . who has a claim on
account of securities received, acquired, or held by the debtor in the
ordinary course of business. . . .'' OTC Options will be created in the
customers' account and held there by the clearing member for the
benefit of its customers in the same way that Standardized Options are
held. A clearing agency will be the issuer of those options in
precisely the same way that it is the issuer of listed options. Thus,
the OTC Options created in the omnibus customers' account of a clearing
member at a clearing agency would be ``received, acquired, or held'' by
the customer's broker-dealer in the ordinary course of business.
    For example, OTC Options at OCC will be carried in a clearing
member's

clearing accounts. Proprietary positions will be carried in the
clearing member's firm account, and customer positions in its
securities customers' account. Positions in OTC Options will be
margined at OCC in the omnibus customers' account on the same basis as
listed options. If a clearing member takes the other side of a
transaction with its customer in an OTC Option, the transaction will
result in the creation of a long or short position (as applicable) in
the omnibus customers' account and in the opposite position in the
clearing member's firm account.
    OCC indicates that it expects to clear the OTC Options subject to
the same basic rules and procedures used for the clearance of index
options. OCC will require that the transactions be cleared through a
clearing member of OCC that is registered with the SEC as a broker-
dealer, or one of the small number of clearing members that are ``non-
U.S. securities firms'' as defined in OCC's By-Laws. Further, the OTC
Options that OCC will clear will be options on the S&P 500 Index.\6\
The OTC Options will be similar to exchange-traded index options called
``FLEX Options'' that currently are traded on the Chicago Board Options
Exchange. While the OTC Options will allow for customization of certain
terms, such as the type of option, exercise price, and expiration date,
OTC Options will not be exchange traded. Rather, they will be bilateral
trades that will be submitted to OCC for clearance.
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    \6\ OCC is licensed by S&P to clear options on the S&P MidCap
400 Index and the S&P Small Cap 600 Index, and in the future, OCC
may decide to clear OTC Options on other indices, or on individual
equity securities.
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II. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within thirty-five days of the date of publication of this notice
in the Federal Register, or within such longer period (i) as the
Commission may designate of not more than ninety days after such date
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which SIPC consents, the
Commission shall:
    (A) By order approve such proposed rule change or
    (B) Institute proceedings to determine whether such proposed rule
change should be disapproved.
    To allow public access to SIPC's rules, SIPC rules that are
approved by the Commission are published under Part 300 of 17 CFR
Chapter II.

III. Statutory Authority

    Pursuant to SIPA, 15 U.S.C. 78aaa et seq., and particularly,
section 3(e) (15 U.S.C. 78ccc(e)), SIPC proposes to amend 300.400 of
Title 17 of the Code of Federal Regulations in the manner set forth
below.

List of Subjects in 17 CFR Part 300

    Brokers, Securities.

Text of the Amendments

    In accordance with the foregoing, Title 17, Chapter II of the Code
of Federal Regulations is proposed to be amended as follows:

PART 300--RULES OF THE SECURITIES INVESTOR PROTECTION CORPORATION

0
1. The authority citation for part 300 is revised to read as follows:

    Authority:  15 U.S.C. 78ccc.

0
2. Section 300.400 is amended by:
0
a. In paragraph (b), adding the phrase ``except to the extent that the
trustee, with SIPC's consent, or SIPC as trustee, as the case may be,
has arranged or is able promptly to arrange, a transfer of some or all
of such positions to another SIPC member'' after the phrase ``accounts
of customers'';
0
b. In paragraph (e), adding the phrase ``except to the extent that such
positions have been transferred as provided in paragraph (b) of this
section'' after the phrase ``section 7(b)(1) of the Act''; and
0
c. In paragraph (h), adding the phrase ``, and any other option that is
a security under section 16(14) of the Act, 15 U.S.C. 78lll(14), and is
issued by a securities clearing agency registered under Section 17A of
the Securities Exchange Act of 1934, 15 U.S.C. 78q-1, or a foreign
securities clearing agency'' after the phrase ``foreign securities
exchange''.

    Dated: October 29, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority in 17 CFR 200.30-3(f)(3).
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-26165 Filed 11-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Notices]
[Pages 504-507]
[FR Doc No: 2021-28571]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93887; File No. SR-C2-2021-019]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Order Granting Accelerated Approval of a Proposed Rule
Change Relating to Certain Fine Amounts in Rule 13.15, Which Governs
the Exchange's Minor Rule Violation Plan, and Non-Substantive
Clarifying Changes

December 30, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 16, 2021, Cboe C2 Exchange, Inc. (the ``Exchange'' or
``C2'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons and approving the proposal on an
accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 13.15, which governs the
Exchange's Minor Rule Violation Plan (``MRVP''), in connection with
applicable fines, as well as a clarifying, nonsubstantive change. The
text of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (https://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its MRVP in Rule 13.15(g)(14) in
connection with the fine schedule applicable for minor rule violations
of a Market-Maker's quoting obligations and proposes to update language
in Chapter 13 to reflect recent changes to Cboe Exchange, Inc. (``Cboe
Options'') MRVP. Chapter 13 of the C2 Rulebook incorporates Cboe
Options Chapter 13, in most part, by reference. Rule 13.15 provides for
disposition of specific violations through assessment of fines in lieu
of conducting a formal disciplinary proceeding. Rule 13.15(g) sets
forth the list of specific Exchange Rules under which a Trading Permit
Holder (``TPH'') or person associated with or employed by a TPH may be
subject to a fine for violations of such Rules and the applicable fines
that may be imposed by the Exchange.
    The proposed rule change amends the fine schedule applicable to
Maker-Makers for failure to meet Exchange continuous quoting
obligations. The Exchange notes that because Cboe Options Rule
13.15(g)(9) \3\ applies to violations of Cboe Options' Market-Maker
quoting obligations, this subparagraph is inapplicable to Market-Makers
on C2. Instead, the Exchange maintains its own Rule 13.15(g)(14),\4\
which governs minor rule violations of C2 Market-Makers' continuous
quoting obligations. Specifically, Rule 13.15(g)(14) (13.15(g)(9), as
amended) \5\ provides that a fine will be imposed upon a Market-Maker
in accordance with the fine schedule set forth below for failure to
meet its continuous quoting obligations (Rule 5.52(d)):
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    \3\ Previously Cboe Options Rule 13.15(g)(14). The paragraphs in
Cboe Options Rule 13.15(g) were recently renumbered. See Securities
Exchange Release No. 92702 (August 18, 2021), 86 FR 47346 (August
24, 2021) (SR-CBOE-2021-045). As a result, the proposed rule change
updates Rules 13.15(g)(6), (g)(14), and (g)(19) to Rules (g)(4),
(g)(9), and (g)(14), respectively, as well as references where
applicable, to be consistent with the recently renumbered paragraphs
in Cboe Options Rule 13.15(g).
    \4\ See id.
    \5\ See id.
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    For the first offense during any rolling 24-month period, the fine
schedule imposed by Rule 13.15(g)(14) currently permits the Exchange to
apply a fine ranging between $2,000 and $4,000. For subsequent offenses
during the same period, the fine schedule currently permits the
Exchange to apply a fine ranging between $4,000 and $5,000. The
proposed rule change updates the fine schedule to provide that, during
any rolling 24-month period, the Exchange may give a Letter of Caution
for a first offense, may apply a fine of $1,500 for a second offense,
may apply a fine of $3,000 for a third offense,\6\ and may proceed with
formal disciplinary action for subsequent offenses. As is the case for
all rule violations covered under Rule 13.15(g), the Exchange may
determine that a violation of Market-Maker quoting obligations is
intentional, egregious, or otherwise not minor in nature and choose to
proceed under the Exchange's formal disciplinary rules rather than its
MRVP.\7\ The Exchange may continue to aggregate individual

violations of particular rules and treat such violations as a single
offense.\8\
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    \6\ The Exchange notes that Rule 13.15(a) authorizes the
Exchange to impose a fine, not to exceed $5,000, for minor rule
violations in lieu of commencing a disciplinary proceeding.
Additionally, any fine imposed pursuant to Rule 13.15 that (1) does
not exceed $2,500 and (2) is not contested, shall be reported by the
Exchange to the Commission on a periodic, rather than a current,
basis, except as may otherwise be required by Exchange Act Rule 19d-
1 and by any other regulatory authority.
    \7\ See Rule 13.15(f).
    \8\ See Rule 13.15(a).
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    The Exchange believes it is appropriate to remove the range of
fines imposed for first and subsequent offenses and, instead, apply a
letter of caution for a first offense, a specified fine amount for a
second and a third offense, and formal disciplinary proceedings for
subsequent offenses. Particularly, the Exchange believes that applying
a lesser penalty (Letter of Caution) for a first offense and then
providing a higher, itemized fine per second and third offenses and,
ultimately, formal disciplinary proceedings for any subsequent offenses
during a rolling 24-month period, will allow the Exchange to levy
progressively larger fines and greater penalties against repeat-
offenders (as opposed to a fine range for any offenses that may come
after a first offense). The Exchange believes this fine structure may
serve to more effectively deter repeat-offenders while providing
reasonable warning for a first offense during a rolling 24-month
period. The Exchange notes that the proposed fine schedule for
violations of a Market Maker's continuous quoting obligation is
identical to the fine schedule under Cboe Options' MRVP for market
maker violations of continuous quoting obligations on Cboe Options. The
Exchange further notes that the proposed change is intended to provide
for consistency across the Exchange's MRVP and the MRVPs of its
affiliated options exchanges, Cboe Options, Cboe BZX Exchange, Inc.
(``BZX Options'') and Cboe EDGX Exchange, Inc. (``EDGX''), as BZX
Options and EDGX Options also intend to file proposals to update their
minor rule violation fines for market maker violations of continuous
quoting requirements on their exchanges in an identical manner.
    The proposed rule change also makes a nonsubstantive, clarifying
change to Chapter 13 by removing the provision which currently provides
that Cboe Options Rules 13.15(g)(4), 13.15(g)(5) and 13.15(g)(7) do not
apply to C2.\9\ Cboe Options recently eliminated these provisions from
its MRVP; therefore, this provision is no longer applicable.\10\
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    \9\ As a result of removing this provision, the proposed rule
change also makes a nonsubstantive change to the subsequent
provision by updating the reference to multiple above paragraphs to
instead reference a single above paragraph.
    \10\ See Securities Exchange Release No. 92702 (August 18,
2021), 86 FR 47346 (August 24, 2021) (SR-CBOE-2021-045).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\11\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \12\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) \13\ requirement that the rules of an exchange not be designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ Id.
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    The Exchange believes that the proposed rule change to remove the
range of fines imposed for first and subsequent Market-Maker quoting
offenses and, instead, apply a letter of caution for a first offense, a
specified fine amount for a second and a third offense, and formal
disciplinary proceedings for subsequent offenses will assist the
Exchange in preventing fraudulent and manipulative acts and practices
and promoting just and equitable principles of trade, and will serve to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, protect investors
and the public interest. Particularly, the Exchange believes that
applying a lesser penalty (Letter of Caution) for a first offense and
then providing an itemized fine per second and third offenses and,
ultimately, formal disciplinary proceedings for any subsequent offenses
during a rolling 24-month period, will allow the Exchange to levy
greater penalties (i.e., formal disciplinary proceedings) against
repeat-offenders (as opposed to a fine range for any offenses that may
come after a first offense) which may serve to more effectively deter
repeat-offenders while providing reasonable warning for a first offense
during a rolling 24-month period. The Exchange believes that more
effectively deterring repeat-offenders and making first instance
offenders aware of their quoting obligation violations and the
subsequent consequences for continued failure, will, in turn, further
motivate Market-Makers to continue to uphold their quoting obligations,
providing liquid markets to the benefit of all investors. The Exchange
again notes that the proposed fine schedule is consistent with the fine
schedule under Cboe Options' MRVP applicable to marker maker violations
of continuous quoting requirements on Cboe Options. As described above,
BZX Options and EDGX Options intend to file proposals to update their
minor rule violation fines applicable to violations of market maker
continuous quoting obligations in the same manner as Cboe Options and
as proposed herein. As such, the proposed rule change is also designed
to benefit investors by providing from consistent penalties across the
MRVPs of the Exchange and its affiliated options exchanges.
    Additionally, the proposed clarification in Chapter 13 will benefit
investors by providing for Rules that accurately reflect current Cboe
Options Rule 13.15, which Chapter 13 incorporates, in most part, by
reference.
    The Exchange further believes that the proposed rule changes to
Rule 13.15(g) are consistent with Section 6(b)(6) of the Act,\14\ which
provides that members and persons associated with members shall be
appropriately disciplined for violation of the provisions of the rules
of the exchange, by expulsion, suspension, limitation of activities,
functions, and operations, fine, censure, being suspended or barred
from being associated with a member, or any other fitting sanction. As
noted, the proposed rule change amends the fine schedule applicable to
Market-Maker failures to meet their quoting obligations in a manner
that appropriately sanctions such failures.
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    \14\ 15 U.S.C. 78f(b)(6).
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    The Exchange also believes that the proposed change is designed to
provide a fair procedure for the disciplining of members and persons
associated with members, consistent with Sections 6(b)(7) and 6(d) of
the Act.\15\ Rule 13.15, currently and as amended, does not preclude a
TPH or person associated with or employed by a TPH from contesting an
alleged violation and receiving a hearing on the matter with the same
procedural rights through a litigated disciplinary proceeding.
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    \15\ 15 U.S.C. 78f(b)(7) and 78f(d).

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues but rather is concerned
solely with amending its MRVP in connection with the fine schedule for
Market-Maker failures to meet quoting obligations. The Exchange
believes the proposed rule change will strengthen the Exchange's
ability to carry out its oversight and enforcement functions and deter
potential violative conduct.

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

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

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-C2-2021-019 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-C2-2021-019. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549 on official business days between the hours of
10:00 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-C2-2021-019 and should be
submitted on or before January 26, 2022.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\16\ In
particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\17\ which requires that the
rules of an exchange be designed to promote just and equitable
principles of trade, to remove impediments and to 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 Commission
also believes that the proposal is consistent with Sections 6(b)(1) and
6(b)(6) of the Act \18\ which require that the rules of an exchange
enforce compliance with, and provide appropriate discipline for,
violations of Commission and Exchange rules. Finally, the Commission
finds that the proposal is consistent with the public interest, the
protection of investors, or otherwise in furtherance of the purposes of
the Act, as required by Rule 19d-1(c)(2) under the Act,\19\ which
governs minor rule violation plans.
---------------------------------------------------------------------------

    \16\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \17\ 15 U.S.C. 78f(b)(5).
    \18\ 15 U.S.C. 78f(b)(1) and 78f(b)(6).
    \19\ 17 CFR 240.19d-1(c)(2).
---------------------------------------------------------------------------

    As stated above, generally the Exchange proposes to: (1) Amend the
fine amounts applicable to a Maker-Maker's failure to meet the
Exchange's continuous quoting obligations, and (2) make non-substantive
and clarifying changes to Chapter 13. Specifically, the Exchange
proposes to amend the fine amounts in proposed Rule 13.15(g)(9) to
provide that, during any rolling 24-month period, the Exchange may give
a Letter of Caution for a first offense, may apply a fine of $1,500 for
a second offense, may apply a fine of $3,000 for a third offense, and
may proceed with formal disciplinary action for subsequent offenses.
    The Commission believes that Rule 13.15, as incorporated by
reference, is an effective way to discipline a member for a minor
violation of a rule. The Commission finds that the Exchange's proposal
to amend the fine amounts related to a Market-Maker's failure to meet
the Exchange's quoting obligations as required by Rule 5.52(d), as set
forth in proposed Rule 13.15(g)(9), is consistent with the Act because
it may help the Exchange's ability to better carry out its oversight
and enforcement responsibilities. The Commission also believes that the
Exchange's proposal to make non-substantive changes that reflect
updated rule numbers is consistent with the Act because such changes
will add clarity and accuracy to the Exchange's rules.
    In approving the propose rule change, the Commission in no way
minimizes the importance of compliance with the Exchange's rules and
all other rules subject to fines under Rule 13.15. The Commission
believes that a violation of any self-regulatory organization's rules,
as well as Commission rules, is a serious matter. However, Rule 13.15
provides a reasonable means of addressing rule violations that may not
rise to the level of requiring formal disciplinary proceedings, while
providing greater flexibility in handling certain violations. The
Commission expects that the Exchange will continue to conduct
surveillance with due diligence and make a determination based on its
findings, on a case-by-case basis, whether a fine of more or less than
the recommended amount is appropriate for a violation under Rule 13.15
or whether a violation requires formal disciplinary action.
    For the same reasons discussed above, the Commission finds good
cause, pursuant to Section 19(b)(2) of the Act,\20\ for approving the
proposed rule change prior to the thirtieth day after the date of
publication of the notice of the filing thereof in the Federal
Register. The proposal will assist the Exchange in preventing
fraudulent and manipulative practices by allowing the Exchange to
adequately enforce compliance with, and provide

appropriate discipline for, violations of Exchange rules. Accordingly,
the Commission believes that a full notice-and-comment period is not
necessary before approving the proposal.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\21\ and Rule 19d-1(c)(2) thereunder,\22\ that the proposed rule change
(SR-C2-2021-019) be, and hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(2).
    \22\ 17 CFR 240.19d-1(c)(2).

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

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2021-28571 Filed 1-4-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Proposed Rules]
[Page 16700-16703]
[DOCID:fr02ap10-24]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0395]
RIN 1625-AA08

Special Local Regulation, Swim Across the Sound, Long Island
Sound, Port Jefferson, NY to Captain's Cove Seaport, Bridgeport, CT

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: This document supplements the Coast Guard's July 21, 2009
proposal to establish a permanent Special Local Regulation on the
navigable waters of Long Island Sound between Port Jefferson, NY and
Captain's Cove Seaport, Bridgeport, CT due to the annual Swim Across
the Sound event. The proposed amendment is necessary to provide for the
safety of life by protecting swimmers and their safety craft from the
hazards imposed by marine traffic. This supplemental notice of proposed
rulemaking describes an amendment to the list of potential dates and
clarifies the limitations placed on marine traffic.

DATES: Comments and related material must be received by the Coast
Guard on or before May 3, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0395 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail: Chief Petty Officer Christie Dixon, Prevention
Department, USCG Sector Long Island Sound at<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0395), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0395'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8[frac12] by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0395 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    The Swim Across the Sound has been successfully held for over
twenty years on the waters of Long Island Sound between Port Jefferson,
NY and Bridgeport, CT. This 25km swim has historically involved over
200 swimmers and accompanying safety craft. The swim course is located
directly northwest of Port Jefferson, NY and extends to Captain's Cove
Seaport, Bridgeport, CT. Currently there is no regulation in place to
protect the swimmers or safety craft from the hazards imposed by marine
traffic.
    On July 21, 2009 the Coast Guard published a Notice of Proposed
Rulemaking with request for comments titled, ``Special Local
Regulation, Swim Across the Sound, Long Island Sound, Port Jefferson,
NY to Captain's Cove Seaport, Bridgeport, CT'' (Docket number USCG-
2009-0395) in the Federal Register (74 FR 35834). No comments or
requests for meetings were received, however, during the final edits of
the Final Rule we realized that the description of the regulated area
was incorrect and needed clarification, and that the anticipated dates
for the event should include the last weekend in July. This
supplemental notice of proposed rulemaking clarifies the proposed
regulation and the proposed dates for the annual event. The new
proposed regulation creates less of a burden on vessel traffic by
minimizing the restrictions in the regulated area.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a permanent special local
regulation on the navigable waters of Long Island Sound that would
exclude all unauthorized persons and vessels from approaching within
100 yards of any swimmer or safety craft on the race course. The race
course, hereby referred to as the regulated area, is bounded by the
following approximate points: Starting Point of Port Jefferson Beach
40[deg]58'13'' N 073[deg]05'51'' W, northwesterly to the finishing
point at Captain's Cove Seaport at approximate position 41[deg]09'25''
N 073[deg]12'48'' W.
    The duration of the event, and thus the enforcement period of the
special local regulation, is generally from 8:30 a.m. to 7:30 p.m. on
the day of the race. The special local regulation will only be enforced
for approximately 11 hours on the day of the race, normally held on a
single Saturday during the last weekend of July or the first two
weekends of August, depending on the tides.
    During the enforcement period of this regulation no person or
vessel may approach or remain within 100 yards of any swimmer or safety
craft within the regulated area unless they are officially
participating in the Swim Across the Sound event or are otherwise
authorized by the Captain of the Port Long Island Sound or Designated
On-scene Patrol Personnel. Notification of the race date and subsequent
enforcement of the special local regulation will be made via a Notice
of Enforcement in the Federal Register, marine broadcasts and broadcast
notice to mariners. Any violation of the special local regulation
described herein is punishable by, among others, civil and criminal
penalties, in rem liability against the offending vessel, and license
sanctions.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
regulation may have some impact on the public, but any potential impact
would be minimized for the following reasons: Marine traffic may
transit in all areas of Long Island Sound, other than within 100 yards
of event participants within the regulated area. Marine traffic passing
through the regulated area would only have minimal increased transit
time and the special local regulation will only be enforced for
approximately 11 hours on a single specified Saturday in either July or
August, made publicly known in advance of the scheduled event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies that under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. This proposed rule may affect the
following entities, some of which may be small entities: The owners or
operators of vessels intending to transit in those portions of Long
Island Sound covered by the special local regulation. Before the
activation of the zone, we would issue maritime advisories in advance
of the event and make them widely available to users of the waterway.
For the reasons outlined in the Regulatory Evaluation section above,
this rule will not have a significant impact on a substantial number of
small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it

qualifies and how and to what degree this rule would economically
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact: Chief Petty Officer Christie
Dixon, Prevention Department, USCG Sector Long Island Sound at 203-468-
4459<EMAIL_ADDRESS>The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the promulgation of special local regulations in
conjunction with a permitted marine event and falls under the category
of actions under paragraph 34(h) of the instruction for which further
environmental analysis is not normally required. We seek any comments
or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as
follows:

    Authority:  33 U.S.C. 1233.

    2. Add Sec.  100.121 to read as follows:

Sec.  100.121:  Swim Across the Sound, Long Island Sound, Port
Jefferson, NY to Captain's Cove Seaport, Bridgeport, CT.

    (a) Regulated area. All navigable waters of Long Island Sound
within 100 yards of any swimmer or safety craft on the race course
bounded by the following points: Starting Point at Port Jefferson Beach
at approximate position 40[deg]58'12'' N 073[deg]05'51'' W, north-
westerly to the finishing point at Captain's Cove Seaport at
approximate location 41[deg]09'25'' N 073[deg]12'48'' W.
    (b) Definitions. The following definition applies to this section:
Designated On-scene Patrol Personnel,

means any commissioned, warrant and petty officers of the U.S. Coast
Guard operating Coast Guard vessels who have been authorized to act on
the behalf of the Captain of the Port Long Island Sound.
    (c) Special local regulations. (1) No person or vessel may approach
or remain within 100 yards of any swimmer or safety craft within the
regulated area during the enforcement period of this regulation unless
they are officially participating in the Swim Across the Sound event or
are otherwise authorized by the Captain of the Port Long Island Sound
or by Designated On-scene Patrol Personnel.
    (2) All persons and vessels must comply with the instructions from
Coast Guard Captain of the Port or the Designated On-scene Patrol
Personnel. The Designated On-scene Patrol Personnel may delay, modify,
or cancel the swim event as conditions or circumstances require.
    (3) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
    (4) Persons and vessels desiring to enter the regulated area within
100 yards of a swimmer or safety craft may request permission to enter
from the designated on scene patrol personnel by contacting them on
VHF-16 or by a request to the Captain of the Port Long Island Sound via
phone at<PHONE_NUMBER>.
    (d) Enforcement Period. This rule is enforced annually on a single
Saturday during the last weekend of July or one of the first two
weekends in August, depending on the tides. Notification of the
specific date and enforcement of the special local regulation will be
made via a Notice of Enforcement in the Federal Register, separate
marine broadcasts and local notice to mariners.

    Dated: February 11, 2010.
Daniel A. Ronan,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2010-7429 Filed 4-1-10; 8:45 am]
BILLING CODE 9110-04-P


MEMORANDUM

DATE:		12/22/2020

TO:	National Emission Standards for Hazardous Air Pollutants: Coke Ovens: Pushing, Quenching, and Battery Stacks Residual Risk and Technology Review; Docket ID: EPA-HQ-OAR-2002-0085

FROM:	Donna Lee Jones and Ted Palma, U.S. EPA, Office of Air Quality Planning and Standards (OAQPS), Research Triangle Park, NC

SUBJECT:	Conference call with Coke Industry Representatives as Follow-up to ICR Data Review
--------------------------------------------------------------------------------

SUMMARY

      A TEAMS conference was held on December 21, 2020, between the EPA and the Coke Oven Environmental Task Force (COETF), to discuss coke battery modeling, as part of the Pushing, Quenching, and Battery Stacks (PQBS) Residual Risk and Technology Review (RTR) for 40 CFR part 63, subpart CCCCC. The conference call was a follow-up to industry review of the coke modeling file "shell" data submitted to the EPA in response to EPA's information collection request (ICR). The COETF is made up of coke company representatives, their attorney, technical support, and director.

      Industry had previously submitted information on F' values and buoyant line plume (BLP) heights on November 30, 2020 (Attachment 1). The EPA reviewed and provided questions and responses on December 11, 2020 (Attachment 2). Industry provided additional background and technical documentation regarding buoyancy parameters on December 18, 2020, and a link to decision made by Region III concerning U.S. Steel Clairton, PA, coke modeling (Attachment 3). The EPA and industry discussed their previously submitted documentation regarding buoyancy line and point source modeling in light of the EPA questions.

ATTENDEES

Donna Lee Jones, EPA/OAQPS
Ted Palma, EPA/OAQPS
Matt Woody, EPA/OAQPS
Chris Owen, EPA/OAQPS

David Ailor, COETF/ACCCI
Mary Kaplan, AECOM
Bob Paine, AECOM
Allen Dittenhoefer, Montrose
Jeffrey Knight, Pillsbury Winthrop Shaw Pittman LLP

ABC Coke
Abby Anderson
Jay Cornelius
Bill Osborn

AK Steel
Katie Kistler

ArcelorMittal
Julianne Kurdila
Rich Zavoda
Marian Gammon

USS
Chris Hardin
Brett Tunno

Attachments


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to devise the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes and this unnecessary intrusion into my personal right as a citizen. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I understand that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Notices]
[Page 9401]
[FR Doc No: 2011-3558]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Meeting of the National Parks Overflights Advisory
Group Aviation Rulemaking Committee

ACTION: Notice of meeting.

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

SUMMARY: The Federal Aviation Administration (FAA) and the National
Park Service (NPS), in accordance with the National Parks Air Tour
Management Act of 2000, announce the next meeting of the National Parks
Overflights Advisory Group (NPOAG) Aviation Rulemaking Committee (ARC).
This notification provides the dates, location, and agenda for the
meeting.
    Dates and Location: The NPOAG ARC will meet on March 9-10, 2011.
The meeting will take place in Salon 5 at the Rosen Centre
Hotel, 9840 International Drive, Orlando, FL 32819. The phone number is
(888) 800-2174. The meetings will be held from 8 a.m. to 5:30 p.m. on
March 9-10, 2011. This NPOAG meeting will be open to the public.

FOR FURTHER INFORMATION CONTACT: Barry Brayer, AWP-1SP, Special
Programs Staff, Federal Aviation Administration, Western-Pacific Region
Headquarters, P.O. Box 92007, Los Angeles, CA 90009-2007, telephone:
(310) 725-3800, e-mail<EMAIL_ADDRESS>or Karen Trevino,
National Park Service, Natural Sounds and Night Skies Division, 1201
Oakridge Dr., Suite 100, Fort Collins, CO 80525, telephone: (970) 225-
3563, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The National Parks Air Tour Management Act of 2000 (NPATMA),
enacted on April 5, 2000, as Public Law 106-181, required the
establishment of the NPOAG within one year after its enactment. The Act
requires that the NPOAG be a balanced group of representatives of
general aviation, commercial air tour operations, environmental
concerns, and Native American tribes. The Administrator of the FAA and
the Director of NPS (or their designees) serve as ex officio members of
the group. Representatives of the Administrator and Director serve
alternating 1-year terms as chairman of the advisory group.
    The duties of the NPOAG include providing advice, information, and
recommendations to the FAA Administrator and the NPS Director on:
Implementation of Public Law 106-181; quiet aircraft technology; other
measures that might accommodate interests to visitors of national
parks; and at the request of the Administrator and the Director, on
safety, environmental, and other issues related to commercial air tour
operations over national parks or tribal lands.

Agenda for the March 9-10, 2011 NPOAG Meeting

    The agenda for the meeting will include, but is not limited to, an
update on ongoing Air Tour Management Program projects; an update on
the safety assessments process; a discussion of roles and
responsibilities; a discussion of the competitive bidding process, and
a review of quiet technology incentives.

Attendance at the Meetings and Submission of Written Comments

    Although these are not public meetings, interested persons may
attend. Because seating is limited, if you plan to attend please
contact one of the persons listed under FOR FURTHER INFORMATION CONTACT
so that meeting space may be made to accommodate all attendees. Written
comments regarding the meeting will be accepted directly from attendees
or may be sent to the persons listed under FOR FURTHER INFORMATION
CONTACT.

Record of the Meetings

    If you cannot attend the NPOAG meeting, a summary record of the
meeting will be made available under the NPOAG section of the FAA ATMP
Web site at: http://www.faa.gov/about/office_org/headquarters_offices/arc/programs/air_tour_management_plan/parks_overflights_group/minutes.cfm or through the Special Programs Staff, Western-
Pacific Region, P.O. Box 92007, Los Angeles, CA 90009-2007, telephone:
(310) 725-3808.

    Issued in Hawthorne, CA on February 8, 2011.
Barry Brayer,
Manager, Special Programs, Western-Pacific Region.
[FR Doc. 2011-3558 Filed 2-16-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 21, 2007 (Volume 72, Number 183)]
[Notices]
[Page 54031-54032]
[DOCID:fr21se07-83]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003-0064; FRL-8471-5]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Questionnaire for Nominees for
the Annual National Clean Water Act Recognition Awards Program, EPA ICR
1287.09, OMB Control Number 2040-0101

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before October 22,
2007.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2003-0064, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: Water Docket,

Environmental Protection Agency, Mail Code: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, and (2) OMB by mail to: Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Gajindar Singh, Municipal Support
Division, Office of Wastewater Management, OWM Mail Code: 4204M,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 501-2396; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 3, 2007 (72 FR 36449), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received one comment during the
comment period, which is addressed in the ICR. Any additional comments
on this ICR should be submitted to EPA and OMB within 30 days of this
notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2003-0064, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Water Docket in

the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Water Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA

receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov
.

    Title: Questionnaire for Nominees for the Annual National Clean
Water Act Recognition Awards Program.
    ICR Numbers: EPA ICR No. 1287.09, OMB Control No. 2040-0101.
    ICR Status: This ICR is currently scheduled to expire on September
30, 2007. Under OMB regulations, the

Agency may continue to conduct or sponsor the collection of information
while this submission is pending at OMB. An Agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information, unless it displays a currently valid OMB control number.
The OMB control numbers for EPA's regulations in title 40 of the CFR,
after appearing in the Federal Register when approved, are listed in 40
CFR part 9, are displayed either by publication in the Federal Register
or by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
in certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: This ICR requests continuing approval to collect data
from EPA's National Clean Water Act Recognition Awards nominees in
order to provide a positive incentive for compliance with the Clean
Water Act. The awards are for the following program categories:
Operations and Maintenance (O&M) Excellence, Biosolids (Biosolids)
Management Excellence, Combined Sewer Overflow Control (CSO) Program
Excellence and Storm Water (SW) Management Excellence.
    The questionnaire covered by this ICR provides the mechanism for
the applicant to demonstrate outstanding and innovative wastewater
management practices. A framework to implement the awards recognition
program is at 40 CFR part 105.
    The information collection will be used by the respective awards
program in the Office of Water, Office of Wastewater Management to
evaluate and determine which pollution abatement achievements should be
recognized. Based on the collection, national panels will evaluate the
nominee's efforts and recommend finalists. The National Clean Water Act
Recognition Awards are presented annually at an EPA ceremony.
    Submission of information on behalf of the respondents is
voluntary. No confidential information is requested.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 7
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Public wastewater treatment plants,
municipalities, States and manufacturing sites.
    Estimated Number of Respondents: 195 (145 applicants respondents
and 50 states).
    Frequency of Response: Annually.
    Estimated Total Annual Hour Burden: 2,030 hours.
    Estimated Total Annual Cost: $85,738 includes $0 annualized capital
or O&M costs.
    Changes in the Estimates: There is no change in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB.

    Dated: September 13, 2007.
Sara Hisel-McCoy,
Acting Director, Collection Strategies Division.
[FR Doc. E7-18664 Filed 9-20-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: January 29, 2009 (Volume 74, Number 18)]
[Notices]
[Page 5166-5167]
[DOCID:fr29ja09-57]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0664]

Request for Nominations for Voting Members on Public Advisory
Committees

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is requesting
nominations for voting members to serve on the Allergenic Products
Advisory Committee;Blood Products Advisory Committee; Cellular, Tissue,
and Gene Therapies Advisory Committee; Transmissible Spongiform
Encephalopathies Advisory Committee; and the Vaccines and Related
Biological Products Advisory Committee. Nominations will be accepted
for current vacancies and those that will or may occur through
September 30, 2009.
    FDA has a special interest in ensuring that women, minority groups,
and individuals with disabilities are adequately represented on
advisory committees and, therefore, encourages nominations of qualified
candidates from these groups.

DATES:  Because scheduled vacancies occur on various dates throughout
each year, no cutoff date is established for the receipt of
nominations. However, when possible, nominations should be received at
least 6 months before the date of scheduled vacancies for each year, as
indicated in this document.

ADDRESSES:  All nominations for membership should be sent
electronically to<EMAIL_ADDRESS>or by mail to Advisory Committee
Oversight and Management Staff (HF-4), Food and Drug Administration,
5600 Fishers Lane, rm. 15A-12, Rockville, MD 20857. Information about
becoming a member on an FDA advisory committee can also be obtained by
visiting FDA's Web site athttp://www.fda.gov/oc/advisory/default.htm.

FOR FURTHER INFORMATION CONTACT:  Linda Amendt, Center for Biologics
Evaluation and Research (HFM-71), Food and Drug Administration,1401
Rockville Pike, Rockville, MD 20852-1448,<PHONE_NUMBER>, e-
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Vacancies

    FDA is requesting nominations of voting members with appropriate
expertise for vacancies listed as follows:

                                Table 1.
------------------------------------------------------------------------
   Committee and Expertise     Current & Upcoming     Approximate Date
           Needed                   Vacancies              Needed
------------------------------------------------------------------------
Allergenics Products                             3           Immediately
 Advisory Committee--
 allergy, immunology,
 pediatrics, internal
 medicine, biochemistry,
 statistics, and related
 specialties
                                                 2       August 31, 2009
------------------------------------------------------------------------
Blood Products Advisory                          2           Immediately
 Committee--clinical and
 administrative medicine,
 hematology, immunology,
 blood banking, tissue
 banking, surgery,
 anesthesia, critical care,
 internal medicine,
 infectious diseases,
 biochemistry, engineering,
 biological and physical
 sciences, biotechnology,
 computer technology,
 statistics, epidemiology,
 sociology/ethics, clinical
 trial design, and other
 related professions
                                                 4    September 30, 2009
------------------------------------------------------------------------
Cellular, Tissue, and Gene                       4           Immediately
 Therapies Advisory
 Committee--cellular
 therapies, tissue
 transplantation, gene
 transfer therapies and
 xenotransplantation
 including biostatistics,
 bioethics, hematology/
 oncology, human tissues and
 transplantation,
 reproductive medicine,
 general medicine and
 various medical specialties
 including surgery and
 oncology, immunology,
 virology, molecular
 biology, cell biology,
 developmental biology,
 tumor biology,
 biochemistry, rDNA
 technology, nuclear
 medicine, gene therapy,
 infectious diseases, and
 cellular kinetics
                                                 3        March 31, 2009
------------------------------------------------------------------------
Transmissible Spongiform                         1           Immediately
 Encephalopathies Advisory
 Committee--clinical and
 administrative medicine,
 hematology, virology,
 neurovirology,
 neurology,infectious
 diseases, immunology,
 transfusion medicine,
 surgery, internal medicine,
 biochemistry,
 biostatistics,
 epidemiology, biological
 and physical sciences,
 sociology/ethics, and other
 related professions
                                                 4      January 31, 2009
------------------------------------------------------------------------
Vaccines and Related                             4           Immediately
 Biological Products
 Advisory Committee--
 immunology, molecular
 biology, rDNA, virology,
 bacteriology, epidemiology
 or biostatistics, allergy,
 preventive medicine,
 infectious diseases,
 pediatrics, microbiology,
 and biochemistry
                                                 1      January 31, 2009
------------------------------------------------------------------------

II. Functions

A. Allergenic Products Advisory Committee

    The committee reviews and evaluates available data concerning the
safety, effectiveness, and adequacy of labeling of marketed and
investigational allergenic biological products or materials that are
administered to humans for the diagnosis, prevention, or treatment of
allergies and allergic diseases.

B. Blood Products Advisory Committee

    The committee reviews and evaluates available data concerning the
safety, effectiveness, and appropriate use of blood, products derived
from blood and serum or biotechnology which are intended for use in the
diagnosis, prevention, of treatment of human diseases.

C. Cellular, Tissue, and Gene Therapies Advisory Committee

    The committee reviews and evaluates available data relating to the
safety, effectiveness, and appropriate use of human cells, human
tissues, gene transfer therapies, and xenotransplantation products
which are

intended for transplantation, implantation, infusion, and transfer in
the prevention and treatment of a broad spectrum of human diseases and
in the reconstruction, repair or replacement of tissues for various
conditions.

D. Transmissible Spongiform Encephalopathies Advisory Committee

    The committee reviews and evaluates available scientific data
concerning the safety of products which may be at risk for transmission
of spongiform encephalopathies having an impact on the public health.

E. Vaccines and Related Biological Products Advisory Committee

    The committee reviews and evaluates data concerning the safety,
effectiveness, and appropriate use of vaccines and related biological
products which are intended for use in the prevention, treatment, or
diagnosis of human diseases.

III. Qualifications

    Persons nominated for membership on the committees shall have
adequately diversified experience appropriate to the work of the
committee in such fields as clinical and administrative medicine,
engineering, biological and physical sciences, statistics, and other
related professions. The nature of specialized training and experience
necessary to qualify the nominee as an expert suitable for appointment
may include experience in medical practice, teaching, and/or research
relevant to the field of activity of the committee. The particular need
for vacancies on each committee for the calendar years 2008 and 2009 is
shown in table 1 of this document. The term of office is up to 4 years
depending on the appointment date. Committees meet one to five times a
year. Most meetings are for 2 days.

IV. Nomination Procedures

    Any interested person may nominate one or more qualified persons
for membership on one or more of the advisory committees. Self-
nominations are also accepted. Nominations shall include the name of
the committee, a complete curriculum vitae of each nominee, current
business address and telephone number, and shall state that the nominee
is aware of the nomination. Potential candidates will be required to
provide detailed information concerning such matters as financial
holdings, employment, and research grants and/or contracts to permit
evaluation of possible sources of conflict of interest.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14 relating to advisory committees.

    Dated: January 21, 2009.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E9-1821 Filed 1-28-09; 8:45 am]

BILLING CODE 4160-01-S