ADMINISTRATIVE RECORD INDEX FOR EPA REGION 2's REVIEW OF THE 2010 REVISIONS TO THE PUERTO RICO WATER QUALITY STANDARDS REGULATION

DOCUMENT

	DATE

	DESCRIPTION

1

May 1, 2008

E-mail from Angel Melendez of EQB to Izabela Wojtenko initiating the triennial review process for PRWQSR.

2

May 6, 2008

E-mail from Izabela Wojtenko to Angel Melendez summarizing a list of potential revisions to be discussed during the conference call with EQB on May 7th.

3

May 8, 2008

E-mail from Izabela Wojtenko to Angel Melendez, Annette Feliberty and Carmelo Vazquez of EQB summarizing May 7th conference call.

4

May 12, 2008

E-mail from Annette Feliberty to Izabela Wojtenko transmitting a copy of the 2005 PR WQSR draft revisions to be used as the first draft for EPA review.

5

May 22, 2008

E-mail from Izabela Wojtenko to Annette Feliberty transmitting EPA comments for the first WQSR draft.

6

June 9, 2008

E-mail from Izabela Wojtenko to Angel Melendez, Annette Feliberty and Carmelo Vazquez of EQB with an agenda for June 10th conference call and EPA comments for the WLA section, arsenic & mercury, criteria for bacteria & DO, and the NTR status.

7

June 10, 2008

E-mail from Izabela Wojtenko to Angel Melendez, Annette Feliberty and Carmelo Vazquez of EQB summarizing June 10th conference call and action items.

8

June 20, 2008

E-mail from Annette Feliberty to Izabela Wojtenko, Wayne Jackson and Yasmin Laguer transmitting the response to EPA comments and the proposed agenda for June 25th conference call.

9

June 26, 2008

E-mail from Izabela Wojtenko to Angel Melendez, Annette Feliberty and Carmelo Vazquez of EQB summarizing June 25th conference call and action items.

10

July 1, 2008

E-mail from Izabela Wojtenko to Angel Melendez, Annette Feliberty and Carmelo Vazquez of EQB suggesting to separate the adoption of nutrient criteria for PR lakes from the triennial WQSR process.

11

July 3, 2008

E-mail from Wanda Garcia to Izabela Wojtenko with a proposed agenda for July 9th conference call and EQB’s draft 2.1 revisions.

12

July 15, 2008

E-mail from Wayne Jackson to Angel Melendez, Annette Feliberty, Denise Laabes and Carmelo Vazquez of EQB summarizing July 9th conference call and action items

13

July 23, 2008

E-mail from Wayne Jackson to Phyllis Feinmark and Eduardo Gonzalez of EPA to discuss an issue regarding the applicability of WQS “beyond 3 miles” related to bacteria criteria

14

July 28, 2008

E-mail from Wanda Garcia to Izabela Wojtenko and Wayne Jackson transmitting comments for Rule 1303.

15

July 29, 2008

E-mail from Izabela Wojtenko to Wanda Garcia transmitting information on surfactants.

16

July 31, 2008

E-mail from Wayne Jackson to Claudia Fabiano and Danielle Fuligni to address issues of standards for groundwaters and mercury.

17

July 31, 2008

E-mail from Wayne Jackson to Angel Melendez, Annette Feliberty, Denise Laabes and Carmelo Vazquez of EQB summarizing July 31st conference call and action items.

18

August 14, 2008

E-mail from Denise Laabes to Izabela Wojtenko informing of Mr. Javier Rua as the new President of EQB and new dates for the upcoming conference call.

19

August 19, 2008

E-mail from Wanda Garcia to EPA transmitting revisions to sections 1301, 1302, 1303, 1306, and 1310 of PRWQSR.

20

August 21, 2008

E-mail from Antony Tseng to Izabela Wojtenko addressing the TMDLs issue.

21

August 26, 2008

E-mail from Izabela Wojtenko to Angel Melendez, Annette Feliberty, and Carmelo Vazquez transmitting the comments discussed during the call on Aug. 26th.

22

August 26, 2008

E-mail from Wayne Jackson to Angel Melendez, Annette Feliberty, Denise Laabes and Carmelo Vazquez of EQB summarizing August 26th conference call and action items.

23

August 26, 2008

E-mail from Wanda Garcia to Izabela Wojtenko transmitting the final draft of the PRWQSR document

24

September 4, 2008

E-mail from Izabela Wojtenko to Wanda Garcia transmitting the EPA comments on the final draft WQSR document.

25

September 16, 2008

E-mail from Izabela Wojtenko to Wanda Garcia transmitting EPA’s draft revisions to its national recommended HH-based water quality criteria for acrolein and phenol for EQB’s consideration.

26

September 17, 2008

E-mail from Denise Laabes to Izabela Wojtenko with a tentative schedule to finalize English and Spanish versions of the PRWQSR document by September 30, 2008.

27

October 7, 2008

E-mail from Izabela Wojtenko to Wanda Garcia seeking status of the PRWQSR revisions.

28

December 18, 2008

E-mail from Wanda Garcia to Yasmin Laguer transmitting English and Spanish versions of the PRWQSR document and the revised submission schedule for June 30, 2009.

29

December 19, 2008

E-mail from Izabela Wojtenko to Wanda Garcia transmitting a first part of EPA comments on the English version of the WQSR document

30

December 30, 2008

E-mail from Izabela Wojtenko to Yasmin Laguer addressing issue of “temporary exemptions”.

31

January 6, 2009

E-mail from Izabela Wojtenko to Wanda Garcia transmitting a second part of EPA comments on the English version of the WQSR document

32

February 9, 2009

E-mail from Izabela Wojtenko to Wanda Garcia scheduling a conference call for 2/12/09 to discuss the adoption schedule

33

February 10, 2009

E-mail from Izabela Wojtenko to Lingard Knutson to initiate EPA work on informal consultation process under the Endangered Species Act (ESA) with US FWS and NOAA.

34

February 17, 2009

E-mail from Wanda Garcia to Izabela Wojtenko and Yasmin Laguer transmitting the following documents: English version of PRWQSR, the public notice, the fact sheet, and the Flexbility Analysis in Spanish.

35

February 24, 2009

E-mail from Izabela Wojtenko to Wanda Garcia with EPA comments on PRWQS, public notice, and fact sheet.

36

March 27, 2009

E-mail from Wanda Garcia to Izabela Wojtenko with status of the adoption process. Status was discussed during the conference call on April 1st.

37

April 21, 2009

E-mail from Wanda Garcia to Izabela Wojtenko informing that EPA request for status has been forwarded to Pedro Nieves, EQB Chairman

38

April 21, 2009

E-mail from Pedro Nieves to Izabela Wojtenko informing that his review of the PRWQSR revisions will be finalized soon.

38(a)

April 22, 2009

E-mail from Ron Borsellino to Pedro Nieves.

39

May 4, 2009

Letter from Mrs. Grace Musumeci to Mr. Edwin Muniz (US FWS) and Dr. Lisamarie Carruba (NOAA) initiating the ESA informal consultation on the 2009 PRWQSR revisions.

40

June 9, 2009

Letter from Mr. Edwin Muniz (US FWS) to Mrs. Grace Musumeci requesting additional information.

41

June 9, 2009

Letter from Mr. David M. Bernhart (NOAA) to Mrs. Grace Musumeci requesting additional information re 2009 PRWQSR

42

June 10, 2009

E-mail from Lisamarie Carruba of NOAA to Stephanie Lamster  including a preliminary response to May 4th letter.

43

June 16, 2009

E-mail from Izabela Wojtenko to Dana Thomas to engage the EPAHQ in the ESA consultation process.

44

June 18, 2009

E-mail from Izabela Wojtenko to Janita Aguirre transmitting the PR WQSR revision document.

45

June 22, 2009

E-mail from Izabela Wojtenko to Felix Lopez of US FWS transmitting the requested information (per June 9th letter).

46

June 30, 2009

Letter from Mr. Edwin Muniz (US FWS) to Mrs. Grace Musumeci providing written concurrence that the revisions to the PRWQS are not likely to adversely affect threatened/endangered species.

47

August 18, 2009

E-mail from Izabela Wojtenko to Janita Aguirre and Sharon Frey to set up the conference call to discuss EPA’s response to NOAA

48

August 26, 2009

E-mail from Wanda Garcia to Izabela Wojtenko transmitting final revisions done after the EQB completed its discussions with Chairman

49

August 27, 2009

E-mail from Izabela Wojtenko to Wanda Garcia requesting final copies of WQSR and the Public Notice documents.

50

August 27, 2009

E-mail from Annette Feliberty to Izabela Wojtenko transmitting the most recent copies of the following documents: Public Notice, WQSR, and Fact Sheet.

51	August 28, 2009

E-mail from Annette Feliberty to Izabela Wojtenko informing that the public notices were published on August 28th. Copies of public notices were attached.

52

October 7, 2009

E-mail from Izabela Wojtenko to Angel Melendez to follow up on the public hearing process and adoption schedule.

53

October 7, 2009

E-mail from Wanda Garcia to Izabela Wojtenko informing that the Public Hearing took place on Sept. 30th and that the public comment period was extended to Oct. 30th.

54

November 4, 2009

E-mail from Izabela Wojtenko to Angel Melendez to follow up on the public review/comments process and adoption schedule.

55

November 6, 2009

E-mail from Jeff Gratz to Wanda Garcia to follow up on the WQSR revisions/adoption schedule.  Jeff followed up with additional e-mails on December 4th and January 8th

56

December 22, 2009

Letter from Mrs. Grace Musumeci to Mr. David M. Bernhart (NOAA) providing the additional information relative to ESA informal consultation on PRWQSR revisions

57

January 8, 2010

E-mail from Izabela Wojtenko to Angel Melendez requesting an update on the PRWQSR revisions adoption process

58

February 24, 2010

E-mail from Angel Melendez to Izabela Wojtenko informing that the adoption process will be delayed

59

April 2, 2010

E-mail from Jeff Gratz to Izabela Wojtenko informing that based on the conversation between Barbara Finazzo and Roberto Ayala, the EQB is committed to submit the final package by May 31st.

60

April 21, 2010

Letter from Mr. David M. Bernhart (NOAA) to Mrs. Grace Musumeci re: PRWQSR

61

May 3, 2010

E-mail from Annette Feliberty to Izabela Wojtenko transmitting a copy of the Attorney General Certification

62

May 5, 2010

E-mail from Annette Feliberty to Wayne Jackson and Izabela Wojtenko transmitting the electronic submittal package for the 2010 triennial PRWQSR revisions.  The following documents were included in the submittal:

62 (a)

April 30, 2010

Cover letter from EQB’s Executive Director, Pedro Nieves to Judith Enck, Regional Administrator, EPA-Region 2.

62 (b)

Fact Sheet for Proposed Amendments to the PRWQSR

62 (c)

March 31, 2010

Copy of  the adopted PRWQSR

62 (d)

April 27, 2010

The letter from Guillermo Somoza Colombani, Attorney General to Judith Enck certifying that the revisions to the PRWQSR were duly adopted pursuant to State law, as defined in 40 CFR 131.3.

62 (e)

August 28, 2010

Copies of two public notices published in “El Vocero” and the “Puerto Rico Daily Sun”.

62 (f)

Spanish version of the “Responsiveness to Comments Summary” document

63

May  12, 2010

E-mail from Izabela Wojtenko to Annette Feliberty requesting an English version of the “Responsiveness to Comments” document and the response that document is not available

64

May 18, 2010	E-mail from Annette Feliberty to Izabela Wojtenko and Wayne Jackson requesting a justification for the English version of “Response to Comments” being a part of the submission package

65

May 19, 2010

E-mail from Izabela Wojtenko to Annette Feliberty transmitting a requested information (re: 64)

66

June 1, 2010

E-mail from Jeff Gratz to Roberto Ayala requesting that EQB submit a summary of public comments and EQB’s responses in English by June 10th.  Memo was followed-up with conference call during which EQB commited to provide document by July 7th.

67

July 8, 2010

Memorandum to the File from Jeff Gratz, Chief

Clean Water Regulatory Branch documenting EPA(s determination that EPA(s decision to approve the 2010 revisions to the PR Water Quality Standards Regulations (PRWQSR), subject to completion of Endangered Species Act consultation with the NOAA Fisheries is consistent with section 7(d) of the ESA.

68

July ……., 2010

The Responsiveness Summary English translation

69

July…., 2010

Letter to the EQB’s Executive Director, Pedro Nieves from Mrs. Barbara Finazzo approving the revisions to the PRWQS adopted on March 31, 2010.


[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Notices]
[Page 49508]
[DOCID:fr13au10-78]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2010-0050]

Recovery Policy, RP9525.7, Labor Costs--Emergency Work

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on RP9525.7, Labor Costs--Emergency Work. This is an existing
policy that is scheduled for review to ensure that Recovery Directorate
policies are up to date, incorporate lessons learned and are consistent
with current laws and regulations. The purpose of this policy is to
provide guidance on eligible labor costs for an applicant's permanent,
temporary, and contract employees who perform emergency work
(Categories A and B).

DATES: Comments must be received by September 13, 2010.

ADDRESSES: Comments must be identified by docket ID FEMA-2010-0050 and
may be submitted by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments. Please note that this proposed
policy is not a rulemaking and the Federal Rulemaking Portal is being
utilized only as a mechanism for receiving comments.
    Mail: Rules Docket Manager, Office of Chief Counsel, Federal
Emergency Management Agency, Room 835, 500 C Street, SW., Washington,
DC 20472-3100.

FOR FURTHER INFORMATION CONTACT: Deborah Atkinson, Federal Emergency
Management Agency, 500 C Street, SW., Washington, DC 20472,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Public Participation

    Instructions: All submissions received must include the agency name
and docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice, which can be viewed by clicking on the ``Privacy Notice'' link
in the footer of http://www.regulations.gov.
    You may submit your comments and material by the methods specified
in the ADDRESSES section above. Please submit your comments and any
supporting material by only one means to avoid the receipt and review
of duplicate submissions.
    Docket: The proposed policy is available in docket ID FEMA-2010-
0050. For access to the docket to read background documents or comments
received, go to the Federal eRulemaking Portal at http://
www.regulations.gov and search for the docket ID. Submitted comments
may also be inspected at FEMA, Office of Chief Counsel, Room 835, 500 C
Street, SW., Washington, DC 20472.

II. Background

    On October 14, 1993, FEMA published a regulation that made the
force account labor straight-time salary for work under Sections 403
and 407 ineligible under the Public Assistance Program. The 1993
regulation did not include emergency work accomplished under Section
502 (Federal Emergency Assistance) of The Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. The
ineligibility of straight-time salaries for emergency work under
Section 502 is included as a provision of the FEMA-State Agreement.
    Labor (straight-time, overtime, and fringe benefits to the extent
the benefits were being paid before the disaster) performed under
Section 406 (permanent work) of the Stafford Act remains eligible for
reimbursement.
    In the draft updated policy, FEMA proposes that labor costs for
firefighters and other responders when activated and deployed to
perform eligible emergency work be eligible for reimbursement. FEMA
also proposes to provide assistance for overtime for firefighters for
up to 24 hours per day for the first two weeks after a disaster.
    FEMA seeks comment on the proposed policy, which is available
online at http://www.regulations.gov in docket ID FEMA-2010-0050. Based
on the comments received, FEMA may make appropriate revisions to the
proposed policy. Although FEMA will consider any comments received in
the drafting of the final policy, FEMA will not provide a response to
comments document. When or if FEMA issues a final policy, FEMA will
publish a notice of availability in the Federal Register and make the
final policy available at http://www.regulations.gov.

    Authority:  42 U.S.C. 5121-5207; 44 CFR part 206.

David J. Kaufman,
Director, Office of Policy and Program Analysis, Federal Emergency
Management Agency.
[FR Doc. 2010-20072 Filed 8-12-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15723-15724]
[FR Doc No: 2021-06037]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]

TUV Rheinland of North America, Inc.: Grant of Expansion of
Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition for TUV Rheinland of North America, Inc., as a
Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on
March 24, 2021.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW, Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW, Room N-3655, Washington, DC 20210; telephone:
(202) 693-2110; email<EMAIL_ADDRESS>OSHA's web page includes
information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of TUV Rheinland of North America, Inc. (TUVRNA), as a
NRTL. TUVRNA's expansion covers the addition of fourteen test standards
to the NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification of the products.
    The agency processes applications by a NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational web page
for each NRTL that details the NRTL scope of recognition. These pages
are available from the agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVRNA submitted two applications, one dated April 28, 2017 (OSHA-
2007-0042-0034) and another dated August 21, 2017 (OSHA-2007-0042-
0035), to expand recognition to include the addition of fourteen test
standards. OSHA staff performed a detailed analysis of the application
packets and reviewed other pertinent information. OSHA did not perform
any on-site reviews in relation to these applications.
    OSHA published the preliminary notice announcing TUVRNA's expansion
applications in the Federal Register on February 3, 2021 (86 FR

8041). The agency requested comments by February 18, 2021, but it
received no comments in response to this notice. OSHA now is proceeding
with this final notice to grant expansion of TUVRNA's scope of
recognition.
    To obtain or review copies of all public documents pertaining to
TUVRNA's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW, Washington, DC 20210. Docket No.
OSHA-2007-0042 contains all materials in the record concerning TUVRNA's
recognition. Please note: While OSHA's Docket Office is continuing to
accept and process submissions by regular mail, due to the COVD-19
pandemic, the Docket Office is closed to the public and not able to
receive submissions to the docket by hand, express mail, messenger, and
courier service.

II. Final Decision and Order

    OSHA staff examined TUVRNA's expansion applications, their
capability to meet the requirements of the test standards, and other
pertinent information. Based on its review of this evidence, OSHA finds
that TUVRNA meets the requirements of 29 CFR 1910.7 for expansion of
its recognition, subject to the limitations and conditions listed
below. OSHA, therefore, is proceeding with this final notice to grant
TUVRNA's scope of recognition. OSHA limits the expansion of TUVRNA's
recognition to testing and certification of products for demonstration
of conformance to the test standard listed in Table 1 below.

  Table 1--List of Appropriate Test Standard for Inclusion in TUVRNA's
                        NRTL Scope of Recognition
------------------------------------------------------------------------
            Test standard                     Test standard title
------------------------------------------------------------------------
UL 9540..............................  Standard for Energy Storage
                                        Systems and Equipment.
UL 283...............................  Air Fresheners and Deodorizers.
UL 962...............................  Household and Commercial
                                        Furnishings.
UL 2089..............................  Vehicle Battery Adapters.
UL 2738..............................  Standard for Induction Power and
                                        Transmitters and Receivers for
                                        Use with Low Energy Products.
UL 8750..............................  Standard for Light Emitting Diode
                                        (LED) Equipment for Use in
                                        Lighting Products.
UL 8752..............................  Organic Light Emitting Diode
                                        (LED) Panels.
UL 60950-21..........................  Information Technology Equipment--
                                        Safety--Part 21: Remote Power
                                        Feeding.
UL 60950-22..........................  Information Technology Equipment--
                                        Safety--Part 22: Equipment to be
                                        Installed Outdoors.
UL 60950-23..........................  Information Technology Equipment--
                                        Safety--Part 23: Large Data
                                        Storage Equipment.
UL 61010-2-030.......................  Safety Requirements for
                                        Electrical Equipment for
                                        Measurement, Control and
                                        Laboratory Use--Part 2-030:
                                        Particular Requirements for
                                        Testing and Measuring Circuits.
UL 61010-031.........................  Electrical Equipment for
                                        Measurement, Control and
                                        Laboratory Use--Part 031: Safety
                                        Requirements for Hand-Held Probe
                                        Assemblies for Electrical
                                        Measurement and Test.
UL 61010-2-81........................  Safety Requirements for
                                        Electrical Equipment for
                                        Measurement, Control and
                                        Laboratory Use--Part 2-081:
                                        Particular Requirements for
                                        Automatic and Semi-Automatic
                                        Laboratory Equipment for
                                        Analysis and other Purposes.
UL 61010-2-091.......................  Safety Requirements for
                                        Electrical Equipment for
                                        Measurement, Control and
                                        Laboratory Use--Part 2-091:
                                        Particular Requirements for
                                        Cabinet X-Ray Systems.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standard listed above as an American National Standard. However,
for convenience, we may use the designation of the standards-developing
organization for the standard as opposed to the ANSI designation. Under
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C,
paragraph XIV), any NRTL recognized for a particular test standard may
use either the proprietary version of the test standard or the ANSI
version of that standard. Contact ANSI to determine whether a test
standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
TUVRNA must abide by the following conditions of the recognition:
    1. TUVRNA must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as a NRTL, and provide details of the
change(s);
    2. TUVRNA must meet all the terms of its recognition and comply
with all OSHA policies pertaining to this recognition; and
    3. TUVRNA must continue to meet the requirements for recognition,
including all previously published conditions on TUVRNA's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of TUVRNA, subject to the limitations and
conditions specified above.

III. Authority and Signature

    James S. Frederick, Principal Deputy Assistant Secretary of Labor
for Occupational Safety and Health, 200 Constitution Avenue NW,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393,
September 18, 2020) and 29 CFR 1910.7.

    Signed at Washington, DC, on March 16, 2021.
James S. Frederick,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2021-06037 Filed 3-23-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25362-25366]
[FR Doc No: 2017-11367]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80791; File No. SR-NYSEArca-2017-59]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change To Eliminate Requirements That Will Be
Duplicative of CAT

May 26, 2017.
    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 May 22, 2017, NYSE Arca, Inc. (``NYSE Arca'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``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 proposes to to delete the Order Audit Trail System
(``OATS'') rules in the NYSE Arca Equities Rule 7400 Series (Order
Audit Trail System) and amend NYSE Arca Rule 10.2 (Investigations and
Regulatory Cooperation) and NYSE Arca Equities Rule 10.2
(Investigations and Regulatory Cooperation) governing submission of
Electronic Blue Sheet trading data (``EBS'') as these Rules provide for
the collection of information that is duplicative of the data
collection requirements of the CAT once the Financial Industry
Regulatory Authority (``FINRA'') publishes a notice announcing the date
that it will retire its OATS and EBS rules. The proposed change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
Background
    Bats BYX Exchange, Inc., Bats BZX Exchange, Inc., Bats EDGA
Exchange, Inc., Bats EDGX Exchange, Inc., BOX Options Exchange LLC, C2
Options Exchange, Incorporated, Chicago Board Options Exchange,
Incorporated, Chicago Stock Exchange, Inc., FINRA, Investors' Exchange
LLC, Miami International Securities Exchange, LLC, MIAX PEARL, LLC,
NASDAQ BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC,\3\
NASDAQ PHLX LLC, The NASDAQ Stock Market LLC, the New York Stock
Exchange LLC, NYSE MKT LLC, NYSE Arca, Inc. and NYSE National, Inc.\4\
(collectively, the ``Participants'') filed with the Commission,
pursuant to Section 11A of the Exchange Act \5\ and Rule 608 of
Regulation NMS thereunder,\6\ the CAT

NMS Plan.\7\ The Participants filed the Plan to comply with Rule 613 of
Regulation NMS under the Exchange Act.\8\ The Plan was published for
comment in the Federal Register on May 17, 2016,\9\ and approved by the
Commission, as modified, on November 15, 2016.\10\ On March 21, 2017,
the Commission approved \11\ the Exchange's new NYSE Arca Rule 11.6800
Series and the NYSE Arca Equities Rule 6.6800 Series to implement
provisions of the CAT NMS Plan that are applicable to the Exchange's
OTP Holders, OTP Firms and ETP Holders, respectively.\12\
---------------------------------------------------------------------------

    \3\ ISE Gemini, LLC, ISE Mercury, LLC and International
Securities Exchange, LLC have been renamed Nasdaq GEMX, LLC, Nasdaq
MRX, LLC, and Nasdaq ISE, LLC, respectively. See Securities Exchange
Act Release No. 80248 (March 15, 2017), 82 FR 14547 (March 21, 2017)
(SR-ISEGemini-2017-13); Securities Exchange Act Release No. 80326
(March 29, 2017), 82 FR 16460 (April 4, 2017) (SR-ISEMercury-2017-
05); and Securities Exchange Act Release No. 80325 (March 29, 2017),
82 FR 16445 (April 4, 2017) (SR-ISE-2017-25).
    \4\ National Stock Exchange, Inc. has been renamed NYSE
National, Inc. See Securities Exchange Act Release No. 79902
(January 30, 2017), 82 FR 9258 (February 3, 2017) (SR-NSX-2016-16).
    \5\ 15 U.S.C. 78k-1.
    \6\ 17 CFR 242.608.
    \7\ See Letter from the Participants to Brent J. Fields,
Secretary, Commission, dated September 30, 2014; and Letter from
Participants to Brent J. Fields, Secretary, Commission, dated
February 27, 2015. On December 24, 2015, the Participants submitted
an amendment to the CAT NMS Plan. See Letter from Participants to
Brent J. Fields, Secretary, Commission, dated December 23, 2015.
    \8\ 17 CFR 242.613.
    \9\ Securities Exchange Act Release No. 77724 (April 27, 2016),
81 FR 30614 (May 17, 2016) (File No. 4-698).
    \10\ Securities Exchange Act Release No. 79318 (Nov. 15, 2016),
81 FR 84696 (November 23, 2016) (File No. 4-698) (``Approval
Order'').
    \11\ See Securities Exchange Act Release No. 80256 (March 15,
2017), 82 FR 14526 (March 21, 2017) (SR-NYSEArca-2017-03; SR-
NYSEArca-2017-04) (Order Approving Proposed Rule Changes to Adopt
Consolidated Audit Trail Compliance Rules).
    \12\ The NYSE Arca Rule 11.6800 Series and the NYSE Arca
Equities Rule 6.6800 Series utilize the term ``Industry Member,''
which applies to the Exchange's OTP Holders, OTP Firms and ETP
Holders, respectively. Pursuant to NYSE Arca Rule 1.1(q), an ``OTP
Holder'' refers to a natural person, in good standing, who has been
issued an OTP. An OTP Holder must be a registered broker or dealer
pursuant to Section 15 of the Act. Rule 1.1(p) defines ``OTP'' as an
Options Trading Permit issued by the Exchange for effecting approved
securities transactions on the Exchange. NYSE Arca Equities Rule
1.1(n) defines the term ``ETP Holder'' as a sole proprietorship,
partnership, corporation, limited liability company or other
organization in good standing that has been issued an ETP. An ETP
Holder must be a registered broker or dealer pursuant to Section 15
of the Act. NYSE Arca Equities Rule 1.1(m) defines ``ETP'' as an
Equity Trading Permit issued by the Exchange for effecting approved
securities transactions on the Exchange.
---------------------------------------------------------------------------

    The Plan is designed to create, implement and maintain a CAT that
would capture customer and order event information for orders in NMS
Securities and OTC Equity Securities, across all markets, from the time
of order inception through routing, cancellation, modification, or
execution in a single consolidated data source. Pursuant to Appendix C
of the CAT NMS Plan, each Participant is required to conduct analyses
of which of its existing trade and order data rules and systems require
the collection of information that is duplicative of information
collected for the CAT.\13\ In addition, among other things, Section C.9
of Appendix C to the Plan, as modified by the Commission, requires each
Participant to ``file with the SEC the relevant rule change filing to
eliminate or modify its duplicative rules within six (6) months of the
SEC's approval of the CAT NMS Plan.'' \14\ The Plan notes that ``the
elimination of such rules and the retirement of such systems [will] be
effective at such time as CAT Data meets minimum standards of accuracy
and reliability.'' \15\
---------------------------------------------------------------------------

    \13\ Appendix C of CAT NMS Plan, Approval Order at 85010.
    \14\ Id.
    \15\ Id.
---------------------------------------------------------------------------

    After conducting its analysis of its rules in accordance with the
CAT NMS Plan, the Exchange has determined that the information
collected pursuant to the OATS and EBS rules is intended to be
collected by CAT. Therefore, the Exchange believes that the NYSE Arca
Equities Rule 7400 Series will no longer be necessary once FINRA
publishes notice announcing the date it will retire its OATS rules.
Similarly, the Exchange believes that it will be necessary to clarify
how the Exchange will request data under NYSE Arca Rule 10.2 and NYSE
Arca Equities Rule 10.2 after members are reporting to the CAT.
Accordingly, the Exchange proposes to amend NYSE Arca Rule 10.2 and
NYSE Arca Equities Rule 10.2 to add a new subsection (E) to Commentary
.01 clarifying how the Exchange will request data under these rules
after member organizations are reporting to the CAT once FINRA
publishes notice announcing the date it will retire its OATS rules.
Discussed below is a description of the duplicative rule requirements
as well as the timeline for eliminating the duplicative rules.
    If the Commission approves the proposed rule change, the rule text
will be effective; however, the amendments will not be implemented
until FINRA publishes a notice announcing the date that it will retire
its OATS rules, at which time the Exchange will publish a regulatory
notice announcing implementation date of the proposed rule change. As
discussed below, FINRA will publish its notice once the CAT achieves
certain specific accuracy and reliability standards and FINRA has
determined that its usage of the CAT Data has not revealed material
issues that have not been corrected, confirmed that the CAT includes
all data necessary to allow FINRA to continue to meet its surveillance
obligations,\16\ and confirmed that the Plan Processor is sufficiently
meeting all of its obligations under the CAT NMS Plan.
---------------------------------------------------------------------------

    \16\ As noted in the Participants' September 23, 2016 response
to comment letters on the Plan, the Participants ``worked to keep
[the CAT] gap analyses up-to-date by including newly-added data
fields in these duplicative systems, such as the new OATS data
fields related to the tick size pilot and ATS order book changes, in
the gap analyses.'' Letter from Participants to Brent J. Fields,
Secretary, Commission, dated September 23, 2016, at 21. The
Participants noted that they ``will work with the Plan Processor and
the industry to develop detailed Technical Specifications to ensure
that by the time Industry Members are required to report to the CAT,
the CAT will include all data elements necessary to facilitate the
rapid retirement of duplicative systems.'' Id.
---------------------------------------------------------------------------

Duplicative OATS Requirements
    The NYSE Arca Equities Rule 7400 Series consists of NYSE Arca
Equities Rules 7410 through 7470 and sets forth the recording and
reporting requirements of the OATS Rules. The OATS Rules require all
Exchange member organizations and associated persons to record in
electronic form and report to FINRA, on a daily basis, certain
information with respect to orders originated, received, transmitted,
modified, canceled, or executed by members in all NMS stocks, as that
term is defined in Rule 600(b)(47) of Regulation NMS,\17\ traded on the
Exchange, including NYSE-listed securities. This information is used by
FINRA staff to conduct surveillance and investigations of member firms
for violations of FINRA rules and federal securities laws. The Exchange
has determined that the requirements of the NYSE Arca Equities Rule
7400 Series are duplicative of information available in the CAT and
thus will no longer be necessary once the CAT is operational.
---------------------------------------------------------------------------

    \17\ 17 CFR 242.600(B)(47).
---------------------------------------------------------------------------

    The Participants have provided OATS technical specifications to the
Plan Processor for the CAT for use in developing the Technical
Specifications for the CAT, and the Participants are working with the
Plan Processor to include the necessary OATS data elements in the CAT
Technical Specifications. Accordingly, the Exchange proposes to
eliminate its OATS Rules in accordance with the proposed timeline
discussed below.
Timeline for Elimination of Duplicative Rules
    The CAT NMS Plan states that the elimination of rules that are
duplicative of the requirements of the CAT and the retirement of the
related systems should be effective at such time as CAT Data meets
minimum standards of accuracy and reliability.\18\ As discussed in more
detail in its rule filing, FINRA believes that OATS may be retired at a
date after all Industry Members are reporting to the CAT when the
proposed error rate thresholds have been met, and FINRA has determined
that its usage of the CAT

Data has not revealed material issues that have not been corrected,
confirmed that the CAT includes all data necessary to allow FINRA to
continue to meet its surveillance obligations, and confirmed that the
Plan Processor is sufficiently meeting all of its obligations under the
CAT NMS Plan.\19\
---------------------------------------------------------------------------

    \18\ Appendix C of CAT NMS Plan, Approval Order at 85010.
    \19\ See SR-FINRA-2017-013.
---------------------------------------------------------------------------

    The CAT NMS Plan requires that a rule filing to eliminate a
duplicative rule address whether ``the availability of certain data
from Small Industry Members two years after the Effective Date would
facilitate a more expeditious retirement of duplicative systems.'' \20\
FINRA believes that there is no effective way to retire OATS until all
current OATS reporters are reporting to the CAT. As discussed in
FINRA's filing, FINRA believes that having data from those Small
Industry Members currently reporting to OATS available two years after
the Effective Date would substantially facilitate a more expeditious
retirement of OATS and therefore supports an amendment to the Plan that
would require current OATS Reporters that are ``Small Industry
Members'' to report two years after the Effective Date (instead of
three).\21\
---------------------------------------------------------------------------

    \20\ Id. [sic]
    \21\ See SR-FINRA-2017-013. FINRA has represented that it
intends to work with the other Participants to submit a proposed
amendment to the Plan to require Small Industry Members that are
OATS Reporters to report two years after the Effective Date.
---------------------------------------------------------------------------

    The CAT NMS Plan also requires that this rule filing address
``whether individual Industry Members can be exempted from reporting to
duplicative systems once their CAT reporting meets specified accuracy
and reliability standards, including, but not limited to, ways in which
establishing cross-system regulatory functionality or integrating data
from existing systems and the CAT would facilitate such Individual
Industry Member exemptions.'' \22\
---------------------------------------------------------------------------

    \22\ Id. [sic]
---------------------------------------------------------------------------

    FINRA believes that a single cut-over from OATS to CAT is highly
preferable to a firm-by-firm approach and is not proposing to exempt
members from the OATS requirements on a firm-by-firm basis. FINRA
believes that that the overall accuracy and reliability thresholds for
the CAT described above [sic] would need to be met under any conditions
before firms could stop reporting to OATS. Moreover, as discussed above
[sic], FINRA supports amending the Plan to accelerate the reporting
requirements for Small Industry Members that are OATS Reporters to
report on the same timeframe as all other OATS Reporters. If such an
amendment were approved by the Commission, there would be no need to
exempt members from OATS requirements on a firm-by-firm basis.\23\
---------------------------------------------------------------------------

    \23\ Id.
---------------------------------------------------------------------------

    The CAT NMS Plan also requires that a rule filing to eliminate a
duplicative rule to provide ``specific accuracy and reliability
standards that will determine when duplicative systems will be retired,
including, but not limited to, whether the attainment of a certain
Error Rate should determine when a system duplicative of the CAT can be
retired.'' \24\ As discussed in Section A.3.(b) of Appendix C to the
CAT NMS Plan, the Participants established an initial Error Rate, as
defined in the Plan, of 5% on initially submitted data (i.e., data as
submitted by a CAT Reporter before any required corrections are
performed). The Participants noted in the Plan that their expectation
was that ``error rates after reprocessing of error corrections will be
de minimis.'' \25\ The Participants based this Error Rate on their
consideration of ``current and historical OATS Error Rates, the
magnitude of new reporting requirements on the CAT Reporters and the
fact that many CAT Reporters may have never been obligated to report
data to an audit trail.'' \26\
---------------------------------------------------------------------------

    \24\ Id. [sic]
    \25\ See CAT NMS Plan, Appendix C, Section A.3(b), at n.102.
    \26\ Id.
---------------------------------------------------------------------------

    As set forth in its filing, FINRA believes that, when assessing the
accuracy and reliability of the data for the purposes of retiring OATS,
the error thresholds should be measured in more granular ways and
should also include minimum error rates of post-correction data, which
represents the data most likely to be used by FINRA to conduct
surveillance. To ensure the CAT's accuracy and reliability, FINRA is
thus proposing that, before OATS could be retired, the CAT would
generally need to achieve a sustained error rate for Industry Member
reporting in each of the categories below for a period of at least 180
days of 5% or lower, measured on a pre-correction or as-submitted basis
and 2% or lower on a post-correction basis (measured at T+5).\27\ FINRA
is proposing to measure the 5% pre-correction and 2% post-correction
thresholds by averaging the error rate across the period, not require a
5% pre-correction and 2% post-correction maximum each day for 180
consecutive days. FINRA believes that measuring each of the thresholds
over the course of 180 days will ensure that the CAT consistently meets
minimum accuracy and reliability thresholds for Industry Member
reporting while also ensuring that single-day measurements do not
unduly affect the overall measurements.\28\ Consequently, FINRA is
proposing to use error rates in four categories, measured separately
for options and for equities, to assess whether the threshold pre- and
post-correction error rates are being met.\29\
---------------------------------------------------------------------------

    \27\ The Plan requires that the Plan Processor must ensure that
regulators have access to corrected and linked order and Customer
data by 8:00 a.m. Eastern Time on T+5. See CAT NMS Plan, Appendix C,
Section A.2(a).
    \28\ See SR-FINRA-2017-013.
    \29\ The categories are (1) rejection rates and data
validations; (2) intra-firm linkages; (3) order linkage rates; and
(4) Exchange and TRF/ORF match rates.
---------------------------------------------------------------------------

    In addition to these minimum error rates before OATS can be retired
FINRA believes that during the minimum 180-day period during which the
thresholds are calculated, FINRA's use of the data in the CAT must
confirm that (i) usage over that time period has not revealed material
issues that have not been corrected, (ii) the CAT includes all data
necessary to allow the Exchange to continue to meet its surveillance
obligations, and (iii) the Plan Processor is sufficiently meeting all
of its obligations under the CAT NMS Plan. The Exchange believes this
time period to use the CAT Data is necessary to reveal any errors that
may manifest themselves only after surveillance patterns and other
queries have been run and to confirm that the Plan Processor is meeting
its obligations and performing its functions adequately.\30\
---------------------------------------------------------------------------

    \30\ See SR-FINRA-2017-013.
---------------------------------------------------------------------------

NYSE Arca Rule 10.2 and NYSE Arca Equities Rule 10.2
    In addition to the OATS rules, NYSE Arca Rule 10.2 and NYSE Arca
Equities Rule 10.2 will also be affected by the implementation of the
CAT. NYSE Arca Rule 10.2 and NYSE Arca Equities Rule 10.2 provide for
the automated submission of equities trading data and options trading
data, respectively, upon request (commonly referred to as ``blue
sheet'' data) using the EBS system.
    Once broker-dealer reporting to the CAT has begun, the CAT will
contain much of the data the Participants would otherwise have
requested via the EBS system for purposes of NMS Securities and OTC
Equity Securities. Consequently, the Exchange will not need to use the
EBS system or request information pursuant to NYSE Arca Rule 10.2 and
NYSE Arca Equities Rule 10.2 for NMS Securities or OTC Equity
Securities for time periods after CAT reporting has begun if the
appropriate accuracy and reliability thresholds are achieved, including
an acceptable accuracy rate for customer and account

information. However, NYSE Arca Rule 10.2 and NYSE Arca Equities Rule
10.2 cannot be completely eliminated upon the CAT achieving the
appropriate thresholds because Exchange staff may still need to request
for trading activity occurring before an OTP Holder, OTP Firm and ETP
Holder was reporting to the CAT.\31\ In addition, NYSE Arca Rule 10.2
and NYSE Arca Equities Rule 10.2 applies to information regarding
transactions involving securities that will not be reportable to the
CAT, such as fixed-income securities; thus, the rule must remain in
effect with respect to those transactions until those transactions are
captured in the CAT.
---------------------------------------------------------------------------

    \31\ Firms are required to maintain the trade information for
pre-CAT transactions in equities and options pursuant to applicable
rules, such as books and records retention requirements, for the
relevant time period, which is generally three or six years
depending upon the record. See 17 CFR 240.17a-3(a), 240.17a-4.
---------------------------------------------------------------------------

    The proposed rule change proposes to add a new subsection (E) to
Commentary .01 of each Rule to clarify how the Exchange will request
data under these rules after member organizations are reporting to the
CAT. Specifically, the proposed new subsection (E) to Commentary .01 of
NYSE Arca Rule 10.2 and NYSE Arca Equities Rule 10.2 will note that the
Exchange will request information under each Rule only if the
information is not available in the CAT because, for example, the
transactions in question occurred before the firm was reporting
information to the CAT or involved securities that are not reportable
to the CAT. In essence, under the new Supplementary Material, the
Exchange will make requests under these rules if and only if the
information is not otherwise available through the CAT.
    However, as noted above, FINRA believes that the CAT must meet
certain minimum accuracy and reliability standards before FINRA could
rely on the CAT Data to replace existing regulatory tools, including
EBS. Consequently, the proposed Supplementary Material will be
implemented only after FINRA publishes its notice after the CAT
achieves the thresholds set forth above with respect to OATS and an
accuracy rate for customer and account information of 95% for pre-
corrected data and 98% for post-correction data. In addition, as
discussed above, FINRA can rely on CAT Data to replace EBS requests
only after FINRA has determined that its usage of the CAT Data over a
180-day period has not revealed material issues that have not been
corrected, confirmed that the CAT includes all data necessary to allow
FINRA to continue to meet its surveillance obligations, and confirmed
that the CAT Plan Processor is fulfilling its obligations under the CAT
NMS Plan.
    As noted, if the Commission approves the proposed rule change, the
Exchange will announce the implementation date of the proposed rule
change in a regulatory notice that will be published once FINRA
publishes a notice announcing the date that it will retire its EBS
rules, which FINRA will do once it concludes the thresholds for
accuracy and reliability described above have been met and that the
Plan Processor is sufficiently meeting all of its obligations under the
CAT NMS Plan.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\32\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\33\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
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 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.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78f(b).
    \33\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that the proposed rule change
implements, supports, interprets or clarifies the provisions of the
Plan, and is designed to assist the Exchange and its Members in meeting
regulatory obligations pursuant to, and milestones established by, the
Plan. In approving the Plan, the SEC noted that it ``is necessary and
appropriate in the public interest, for the protection of investors and
the maintenance of fair and orderly markets, to remove impediments to,
and perfect the mechanism of a national market system, or is otherwise
in furtherance of the purposes of the Act.'' \34\ To the extent that
this proposal implements, interprets or clarifies the Plan and applies
specific requirements to Members, the Exchange believes that this
proposal furthers the objectives of the Plan, as identified by the SEC,
and is therefore consistent with the Act.
---------------------------------------------------------------------------

    \34\ Approval Order, 81 FR at 84697.
---------------------------------------------------------------------------

    The Exchange also believes that adding a preamble to each current
Rule impacted by the Plan would remove impediments to and perfect the
mechanism of a free and open market and a national market system by
adding clarity and transparency to the Exchange's rules, reducing
potential confusion, and making the Exchange's rules easier to navigate
and understand.

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 change is not
designed to address any competitive issue but rather implement
provisions of the CAT NMS Plan, and is designed to assist the Exchange
in meeting its regulatory obligations pursuant to the Plan.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

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-NYSEArca-2017-59 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-NYSEArca-2017-59. 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-NYSEArca-2017-59, and should
be submitted on or before June 22, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
---------------------------------------------------------------------------

    \35\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-11367 Filed 5-31-17; 8:45 am]
 BILLING CODE 8011-01-P


 ADVANCE \y63

	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

	REGION III

1650 Arch Street

	Philadelphia, Pennsylvania 19103-2029

March 9, 2010

Honorable Collin P. O’Mara, Secretary

Delaware Department of Natural Resources

   and Environmental Control

89 Kings Highway

Dover, Delaware 19901

Dear Secretary O’Mara:

On June 22, 2009, the U.S. Environmental Protection Agency (EPA)
received a revision to the Delaware State Implementation Plan (SIP) from
the Department of Natural Resources and Environmental Control.  The SIP
revision pertains to a plan entitled “Regulation No.1141 – Limiting
Emissions of Volatile Organic Compounds from Consumer and Commercial
Products.”  EPA has determined that the submittal is administratively
and technically complete, and is reviewing it to prepare a Notice of
Proposed Rulemaking.

If members of your staff have any questions, they may direct them to Mr.
Gregory Becoat, at<PHONE_NUMBER>.  He is the principal contact for this
rulemaking.

	Sincerely,

     /s/

         David Arnold, Acting Director

                          			         Air Protection Division

cc:  Ali Mirzakhalili, Administrator

	Air Quality Management Section

	Customer Service Hotline: 1-800-438-2474