[Federal Register: June 28, 2006 (Volume 71, Number 124)]
[Notices]
[Page 36789-36792]
[DOCID:fr28jn06-79]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0490; FRL-8072-5]

Phytophthora Palmivora (MWV) and Methyl Salicylate;
Reregistration Eligibility Decision; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the pesticide Phytophthora palmivora
(MWV) and methyl salicylate, and opens a public comment period on this
document. The Agency's risk assessments and other related documents
also are available in the Phytophthora palmivora MWV and methyl
salicylate Docket. Phytophthora palmivora MWV is expected to control
milk weed vine in citrus groves in certain counties of Florida. Methyl
salicylate is a biochemical insect and animal repellent. EPA has
reviewed Phytophthora palmivora MWV and methyl salicylate through the
public participation process that the Agency uses to involve the public
in developing pesticide reregistration and tolerance reassessment
decisions. Through these programs, EPA is ensuring that all pesticides
meet current health and safety standards.

DATES: Comments must be received on or before July 28, 2006.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0490, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0490. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket Facility telephone number
is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Shanaz Bacchus for Phytophthora
palmivora (telephone number:<PHONE_NUMBER>) and Richard King
(telephone number:<PHONE_NUMBER>) for Methyl salicylate, Biopesticides
and Pollution Prevention Division (7511P), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; fax
number:<PHONE_NUMBER>; e-mail addresses:
<EMAIL_ADDRESS>and<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

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

II. Background

A. What Action is the Agency Taking?

    Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed a Reregistration Eligibility Decision (RED) for the
pesticides, Phytophthora palmivora MWV and methyl salicylate under
section 4(g)(2)(A) of FIFRA.
    Below is a summary of each case:
    1. Phytophthora palmivora. MWV- Case 4105 (PC Code 111301).
Phytophthora palmivora MWV is a fungus that controls milk weed vine in
citrus groves by attacking their roots. It is a plant pathogen that is
very specific for this target plant pest and occurs naturally in
Florida in the counties for which it is labeled. The active ingredient,
P. palmivora, was registered in 1981 by Abbott Laboratories but was
transferred on April 29, 2000, to Valent BioSciences Corporation who
still holds the registration. Valent's label for Devine Biological
Herbicide indicates that the product is for use on citrus groves in
Florida only and ``do not use

in Clay, Gulf, Liberty, or Gadsden counties.'' It is to be applied
approximately once every two years. It is considered in Toxicity
Category IV based on acute toxicology tests in mammalian systems as
described in the RED. No hypersensitivity incidents have been reported
in association with the use of this pesticide. This fungal active
ingredient is not expected to harm human adults, infants and children
via dietary, non-dietary, aggregate, occupational, residential and
cumulative exposures. The exemption from tolerance was reassessed and
the database complies with the Food Quality Protection Act of 1996. The
pesticide is not to be used in counties where susceptible endangered
species are found. No harm is expected to human health and the
environment including birds, beneficial insects, aquatic and other non-
target terrestrial organisms, and wildlife. There is a ``not likely to
adversely affect'' (NLAA) endangered species determination when the
labeling excludes applications in counties where endangered plants may
be found.
    2. Methyl salicylate. Case 4080 (PC Code 076601). Methyl salicylate
is a biochemical insect and animal repellant. Methyl salicylate was
first registered in 1972 for use as an animal repellent in impregnated
twist tabs hung on plants to repel dogs and cats from flower gardens.
In 1996, the Agency registered methyl salicylate as an insect repellent
to be used as a constituent of food and feed packaging material to
repel insects in stored commodities (e.g. Indian meal moths). This
registration is considered to be a ``food use'', since it entails use
in stored food commodities which necessitated the establishment of an
exemption from the requirements of a tolerance (Refer to 40 CFR
180.1189). The active ingredient methyl salicylate is considered to be
a low toxicity biochemical (toxicity categories III and IV) as
described in the RED on the basis of toxicological mammalian tests for
acute oral, dermal effects and primary eye and skin irritations. No
reported incidents of hypersensitivity have been reported to the
Agency. In fact, methyl salicylate has a long history of use in
consumer products as a counterirritant and as an analgesic in the
treatment and temporary management of aching and painful muscles and
joints. Methyl salicylate is also used in suntan lotions as an UV-
absorber, and in perfumery as a modifier of blossom fragrances. Because
of its use patterns, as twist tabs in flower gardens and a constituent
of food packaging, methyl salicylate is not expected to harm aquatic or
terrestrial non-target birds, fish, beneficial insects or plants or the
environment. The data base supporting the RED complies with the Food
Quality Protection Act of 1996. No harm is expected to human adults,
infants, and children from dietary, non-dietary, aggregate, residential
and occupational and cumulative exposure when this biochemical
pesticide is used as labeled.
    EPA has determined that the data base to support reregistration is
substantially complete and that products containing Phytophthora
palmivora MWV and methyl salicylate are eligible for reregistration
depending on their specific uses, provided the risks are mitigated
either in the manner described in the RED or by another means that
achieves equivalent risk reduction. Upon submission of any required
product specific data under section 4(g)(2)(B) and any necessary
changes to the registration and labeling (either to address concerns
identified in the RED or as a result of product specific data), EPA
will make a final reregistration decision under section 4(g)(2)(C) for
products containing Phytophthora palmivora MWV and methyl salicylate.
    EPA must review tolerances and tolerance exemptions that were in
effect when the Food Quality Protection Act (FQPA) was enacted in
August 1996, to ensure that these existing pesticide residue limits for
food and feed commodities meet the safety standard established by the
new law. Tolerances are considered reassessed once the safety finding
has been made or a revocation occurs. EPA has reviewed and made the
requisite safety finding for the Phytophthora palmivora MWV and methyl
salicylate exemptions from tolerances included in this notice.
    Although the Phytophthora palmivora MWV and Methyl salicylate REDs
were signed on March 1, 2006, and September 22, 2005, respectively,
certain components of the document, which did not affect the final
regulatory decision, were undergoing final editing at that time. These
components, including the list of additional generic data requirements,
summary of labeling changes, appendices, and other relevant
information, have been added to the Phytophthora palmivora MWV and
methyl salicylate RED document. In addition, subsequent to signature,
EPA identified several minor errors and ambiguities in the document.
Therefore, for the sake of accuracy, the Agency also has included the
appropriate error corrections, amendments, and clarifications. None of
these additions or changes alter the conclusions documented in the
March 1, 2006, Phytophthora palmivora MWV and September 22, 2005,
methyl salicylate RED. All of these changes are described in detail in
an errata memorandum which is included in the public docket for
Phytophthora palmivora MWV and methyl salicylate
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819) (FRL-7357-9) explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
Due to its uses, risks, and other factors, Phytophthora palmivora MWV
and methyl salicylate was reviewed through the full 6-Phase or modified
4-Phase process. Through this process, EPA worked extensively with
stakeholders and the public to reach the regulatory decisions for
Phytophthora palmivora MWV and methyl salicylate.
    The reregistration program is being conducted under Congressionally
mandated time frames, and EPA recognizes the need both to make timely
decisions and to involve the public. The Agency is issuing the
Phytophthora palmivora MWV and methyl salicylate RED for public
comment. This comment period is intended to provide an additional
opportunity for public input and a mechanism for initiating any
necessary amendments to the RED. All comments should be submitted using
the methods in ADDRESSES, and must be received by EPA on or before the
closing date. These comments will become part of the Agency Docket for
Phytophthora palmivora MWV and methyl salicylate. Comments received
after the close of the comment period will be marked ``late.'' EPA is
not required to consider these late comments.
    The Agency will carefully consider all comments received by the
closing date and will provide a Response to Comments Memorandum in the
Docket and regulations.gov. If any comment significantly affects the
document, EPA also will publish an amendment to the RED in the Federal
Register. In the absence of substantive comments requiring changes, the
Phytophthora palmivora MWV and methyl salicylate RED will be
implemented as it is now presented.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, the Administrator
shall determine whether pesticides containing such active ingredient
are eligible for reregistration, before calling in product specific
data on individual end-use products and either reregistering products
or taking other ``appropriate regulatory action.''
    Section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for
pesticide residues in effect as of August 2, 1996, to determine whether
the tolerance or exemption meets the requirements of section 408(b)(2)
or (c)(2) of FFDCA. This Agency review is to be completed by August 3,
2006. EPA has reviewed and made the requisite safety finding for the
exemptions from tolerances for the following pesticides: Phytophthora
palmivora MWV and the biochemical pesticide methyl salicylate included
in this notice. The exemptions from tolerances for these two
biopesticides comply with the requirements of FQPA.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 16, 2006.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. 06-5855 Filed 6-27-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Notices]
[Page 57921]
[FR Doc No: 2013-23043]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Patch International, Inc., QuadTech International, Inc.,
Strategic Resources, Ltd., and Virtual Medical Centre, Inc.; Order of
Suspension of Trading

September 18, 2013.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Patch International, Inc. because it has not filed any periodic reports
since the period ended May 31, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
QuadTech International, Inc. because it has not filed any periodic
reports since the period ended April 30, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Strategic Resources, Ltd. because it has not filed any periodic reports
since the period ended June 30, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Virtual Medical Centre, Inc. because it has not filed any periodic
reports since the period ended March 31, 2011.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EDT
on September 18, 2013, through 11:59 p.m. EDT on October 1, 2013.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2013-23043 Filed 9-18-13; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Pages 57902-57906]
[FR Doc No: 2015-24477]

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SMALL BUSINESS ADMINISTRATION

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Privacy Act; Computer Matching Agreement

I. Introduction

    The Small Business Administration (SBA) and the Department of
Homeland Security, Federal Emergency Management Agency (DHS/FEMA) have
entered into this Computer Matching Agreement (Agreement) pursuant to
section (o) of the Privacy Act of 1974 (5 U.S.C. 552a), as amended by
the Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100-
503), and as amended by the Computer Matching Privacy Protection Act
Amendments of 1990 (Pub. L. 101-508, 5 U.S.C. 552a(p) (1990)). For
purposes of this Agreement, both SBA and DHS/FEMA are the recipient
agency and the source agency as defined in 5 U.S.C. 552a(a)(9) and
(11). For this reason, the financial and administrative
responsibilities will be evenly distributed between SBA and DHS/FEMA
unless otherwise set forth in this agreement.

II. Purpose and Legal Authority

A. Purpose of the Matching Program

    The purpose of this Agreement is to establish a framework and
procedures governing the Computer Matching program between SBA and DHS/
FEMA. The Computer Matching program seeks to ensure that applicants for
SBA Disaster Loans and DHS/FEMA Individuals and Households Program,
which provides Other Needs Assistance (ONA) and Housing Assistance
(HA), do not receive a duplication of benefits for the same disaster.
This will be accomplished by matching specific DHS/FEMA disaster
applicant data with SBA disaster loan application and decision data for
a declared disaster, as set forth in this Agreement.

B. Legal Authority

    SBA's legal authority for undertaking its disaster loan program
without duplicating benefits is contained in section 7(b)(1) of the
Small Business Act (15 U.S.C. 636 (b)(1). DHS/FEMA's legal authority
contained at Sec.  312(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155), mandates DHS/FEMA not to
duplicate assistance provided by another agency or similar source.
    SBA is allowed to share information with DHS/FEMA pursuant to
routine uses (f) and (g) of SBA-020 Disaster Loan Case Files system of
records, 74 FR 14911 (April 1, 2009). DHS/FEMA is allowed to share
information with SBA pursuant to routine uses H.1. and R. of DHS/FEMA-
008 Disaster Recovery Assistance Files, 78 FR 25282 (April 30, 2013)
(DHS/FEMA-008 SORN). The Computer Matching and Privacy Protection Act
of 1988 (Pub. L. 100-503), as amended, (5 U.S.C. 552a(o)-(u))
establishes procedural requirements for agencies to follow when
engaging in computer-matching activities.

III. Justification and Expected Results

A. Justification

    As required by law, SBA and DHS/FEMA will not provide duplicative
disaster assistance to individuals, and businesses including Private-
Not-for Profits (PNPs) for the same disaster. To accomplish this, SBA
and DHS/FEMA will participate in a computer-matching program to share
data and financial/benefits award decisions of individuals, businesses
and/or other entities to prevent duplicative aid from being provided in
the same disaster declaration.
    It is also recognized that the programs covered by this Agreement
are part of a Government-wide initiative, Executive Order 13411--
Improving Assistance for Disaster Victims (August 29, 2006). This order
mandates DHS/FEMA to identify and prevent duplication of benefits
received by individuals, businesses, or other entities for the same
disaster. That initiative and this matching program are consistent with
Office of Management and Budget (OMB) guidance on interpreting the
provisions of the Computer Matching and Privacy Protection Act of 1988,
54 FR 25818 (June 19, 1989); and OMB Circular A-130, Appendix I,
``Federal Agency Responsibilities for Maintaining Records about
Individuals.''

B. Expected Results

    The matching program is to ensure that benefits provided to
disaster survivors by DHS/FEMA and SBA are not duplicated. By way of
the DHS/FEMA disaster registration identification (ID) number, DHS/FEMA
and SBA are able to identify the applications received from mutual DHS/
FEMA and SBA disaster survivors. By the nature of the sequence of
delivery as outlined in FEMA Regulation, 44 CFR 206.191, survivors that
register with DHS/FEMA for possible grant assistance, and meet SBA's
minimum income requirements, are automatically referred to SBA for
possible loan assistance. For example, DHS/FEMA received 548,953
registrations in response to hurricane Sandy, and referred 241,282 of
those registrations to SBA. More recently, in FY 2013 and 2014, DHS/
FEMA received 775,089 registrations and referred 337,619 registrations
to SBA. The computer match will also reveal instances where the same
disaster survivor has submitted applications to both DHS/FEMA and SBA,
which could result in a duplication of benefits. Since FY 2010,\1\ the
use of the CMA has identified 224,878 instances where the same disaster
survivor submitted applications to both agencies, a yearly average of
40,157. Over that same period, SBA approved 83,313 loans to homeowners
and renters, who also received assistance from FEMA. This is a yearly
average of 14,877 files identified with a potential DOB.
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    \1\ The SBA data period is from October 1, 2009 through May 11,
2015.
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IV. Records Description

A. Systems of Records and Estimated Number of Records Involved

    DHS/FEMA accesses records from its Disaster Recovery Assistance
Files system of records, as provided by the DHS/FEMA-008 SORN, through
its National Emergency Management Information System-Individual
Assistance (NEMIS-IA), and matches them to the records that SBA
provides from its SBA-020 Disaster Loan Case Files, 74 FR 14911 (April
1, 2009) system of records. SBA uses its Disaster Credit Management
System (DCMS) to access records from its Disaster Loan Case Files
system of records, and match them to the records that DHS/FEMA provides
from its Disaster Recovery Assistance Files system of records. Under
this agreement, DHS/FEMA and SBA exchange data to: (1) Check for
initial registrations, (2) check for the duplication of benefits, and
(3) update the SBA Loan Status.
    A definitive answer cannot be given as to how many records will be
matched as it will depend on the number of individuals, businesses or
other entities that suffer damage from a declared disaster and that
ultimately apply for Federal disaster aid.

B. Description of the Match

    The three types of match processes, for initial registration,
duplication of benefits, and status updates, are described below.
    1. DHS/FEMA-SBA Automated Import/Export Process for Initial
Registrations.
    a. SBA is the recipient (i.e. matching) agency. SBA will match
records from its Disaster Loans Case Files system of records, as
identified in Section II.B, applications and information accessed via
the DCMS, to the records extracted and provided by DHS/FEMA from its
DHS/FEMA Disaster Recovery Assistance Files system of records, as
identified in Section II.B.
    b. DHS/FEMA will provide SBA the data elements identified in the
current NEMIS-IA Disaster Assistance Improvement Program (DAIP)
Interface Control Document (ICD) (See Appendix A), which includes but
is not limited to the following information: Applicant's FEMA
Registration ID Number; applicant's personally identifiable
information, which includes name, address, social security number, and
date of birth; damaged property information; insurance policy data;
property occupant data; vehicle registration data; and flood zone and
flood insurance data.
    c. SBA will conduct the match using the FEMA Disaster ID number,
FEMA Registration ID number, Product (Home/Business) and Registration
Occupant Social Security number (SSN) to create a New Pre-Application.
The records SBA receives are of DHS/FEMA applicants who are referred to
SBA for disaster loan assistance. Controls on the DHS/FEMA export of
data are in place to ensure that SBA only receives unique and valid
referral records.
    d. When SBA matches its records to those provided by DHS/FEMA, two
types of matches are possible: A full match and a partial match. A full
match exists when an SBA record matches a DHS/FEMA record on each of
the following data fields: FEMA Disaster ID number, FEMA Registration
ID number, Product (Home/Business), and Registration Occupant Social
Security Number (SSN). A partial match exists when an SBA record
matches a DHS/FEMA record on one or more, but not all of the data
fields listed above. If an exact (full) match is found among SBA
records for the current imported record, the current record is
automatically marked as a duplicate by the system with appropriate
comments inserted to indicate the corresponding record that matched. If
a partial match is found during the import process, the record is
routed for manual examination, investigation, and resolution to
determine whether it is truly a duplicate record.
    2. DHS/FEMA-SBA Duplication of Benefits Automated Match Process:
    a. Both DHS/FEMA and SBA will act as the recipient (i.e. matching)
agency. SBA will extract and provide to DHS/FEMA data from its Disaster
Loans Case Files system of records, as identified in Section II.B., and
accessed via the DCMS. DHS/FEMA will match the data SBA provides to
records in its Disaster Recovery Assistance Files system of records, as
identified in Section II.B., accessed through NEMIS-IA, via the FEMA
Registration ID number. SBA will issue a data call to DHS/FEMA
requesting that DHS/FEMA return any records for which NEMIS-IA found a
match. For each match found, DHS/FEMA sends all of its applicant
information that it collects during the registration process to SBA so
that SBA may match these records with its registrant data in the DCMS.
SBA's DCMS manual process triggers an automated interface to query
NEMIS-IA, using the FEMA Registration ID number as the unique
identifier.
    b. DHS/FEMA will return the following fields for the matching DHS/
FEMA record, if any: FEMA Disaster Number; FEMA Registration ID number;
applicant and if applicable, co-applicant name; damaged dwelling
address, phone number, SSN, damaged property data, insurance policy
information, contact address (if different from damaged dwelling
address), flood zone and flood insurance data, FEMA Housing Assistance
and Other Needs Assistance data, program, award level, eligibility,
inspection data, verification of ownership and occupancy, and approval
or rejection data. DHS/FEMA will return no result when the FEMA
Registration ID number is not matched.
    c. For each matching record received from DHS/FEMA, SBA determines
whether DHS/FEMA assistance duplicates SBA loan assistance. If SBA loan
officers determine that there is a duplication of benefits, the
duplicated amount is deducted from the eligible SBA loan amount.
    3. DHS/FEMA-SBA Status Update Automated Match Process:
    a. DHS/FEMA will act as the recipient (i.e. matching) agency. DHS/
FEMA will match records from its Disaster Recovery Assistance Files
system of records, as identified in Section II.B., to the records
extracted and provided by SBA from its Disaster Loans Case Files system
of records, as identified in Section II.B. The purpose of this process
is to update DHS/FEMA applicant information with the status of SBA loan
determinations. The records provided by SBA will be automatically
imported into NEMIS-IA to update the status of existing applicant
records. The records DHS/FEMA receives from SBA are of DHS/FEMA
applicants who were referred to SBA for disaster loan assistance.
Controls on the SBA export of data are in place to ensure that DHS/FEMA
only receives unique and valid referral records.
    b. SBA will provide to DHS/FEMA information and data, including but
not limited to the following: Personal information about SBA
applicants, including name, damaged dwelling address, and SSN;
application data; loss to personal property data; loss mitigation data;
SBA loan data; and SBA event data. DHS/FEMA will conduct the match
using FEMA Disaster Number and FEMA Registration ID number.
    c. Loan data for matched records will be recorded and displayed in
NEMIS-IA. Loan data will also be run through NEMIS-IA business rules;
potentially duplicative categories of assistance are sent to FEMA's
Program Review process for manual evaluation of any duplication of
benefits. If FEMA review staff determines that there is a duplication
of benefits, the duplicated amount is deducted from the eligible award.
FEMA applicants receive a letter that indicates the amount of their
eligible award and their ability to appeal.

C. Projected Starting and Completion Dates

    This Agreement will take effect 40 days from the date copies of
this signed Agreement are sent to both Houses of Congress or 30 days
from the date the Computer Matching Notice is published in the Federal
Register, whichever is later, depending on whether comments are
received which would result in a contrary determination (Commencement
Date). SBA is the agency that will:
    1. Transmit this Agreement to Congress.
    2. Notify OMB.
    3. Publish the Computer Matching Notice in the Federal Register.
    4. Address public comments that may result from publication in the
Federal Register.
    Matches under this program will be conducted for every Presidential
disaster declaration and will continue for as long as this agreement,
including any renewals, remains in effect.

V. Notice Procedures

A. DHS/FEMA Recipients

    FEMA Form 009-0-1 ``Application/Registration for Disaster
Assistance,''

Form 009-0-3 ``Declaration and Release'' (both part of OMB ICR No.
1660-0002), and various other forms used for financial assistance
benefits immediately following a declared disaster, use a Privacy Act
statement, see 5 U.S.C. 552a(e)(3), to provide notice to applicants
regarding the use of their information. The Privacy Act statements
provide notice of computer matching or the sharing of their records
consistent with this Agreement. The Privacy Act statement is read to
call center applicants and is displayed and agreed to by Internet
applicants. Also, FEMA Form 009-0-3 requires the applicant's signature
in order to receive financial assistance. Additionally, FEMA/DHS gives
public notice via its Disaster Assistance Improvement Program Privacy
Impact Assessment and in its system of records notice identified in
Section II.B.

B. SBA Recipients

    SBA Forms 5 ``Disaster Business Loan Application,'' 5C ``Disaster
Home Loan Application,'' and the Electronic Loan Application (ELA)
include a Privacy Act statement that provides notice that SBA may
disclose personal information under a published ``routine use,'' as
permitted by law. SBA's published system of records notice, identified
in Section II. B), provides notice that a computer match may be
performed to share information with another Federal agency in
connection with the issuance of a grant, loan or other benefit. In
addition, the Privacy Act requires that a copy of each CMA entered into
with a recipient agency shall be available upon request to the public.

VI. Verification Procedure

A. DHS/FEMA-SBA Automated Import/Export Process for Initial
Registrations

    The matching program for the initial contact information for
individuals and businesses will be accomplished by mapping applicant
data for DHS/FEMA NEMIS-IA fields described earlier to the DCMS
application data fields. During the automated import process, a
computer match is performed against existing DCMS applications as
described in Section IV.B.1.
    If the applicant's data does not match an existing pre-application
or application in the SBA's DCMS, then the applicant's data will be
inserted into DCMS to create a new pre-Application. An SBA application
for disaster assistance may be mailed to the registrant.
    If the applicant's data does match an existing pre-application or
application in SBA's DCMS, it indicates that there may be an existing
pre-application/application for the applicant in the DCMS. If there is
an exact match, the system will insert the record within the SBA's DCMS
but will identify it as a duplicate with appropriate comments inserted
to indicate the corresponding record that matched. If there is a
partial match, the system will insert the record within the SBA's DCMS
but will identify it as a potential duplicate. The record is then
further reviewed by SBA employees to determine whether the data
reported by the DHS/FEMA applicant is a duplicate of previously
submitted registration data. Only one of the applications is kept for
processing and the other duplicate pre-applications or applications
will not be processed.

B. DHS/FEMA-SBA Duplication of Benefits Automated Match

    The matching program is to ensure that recipients of SBA disaster
loans have not received duplicative benefits for the same disaster from
DHS/FEMA. The matching process begins by matching the DHS/FEMA
Registration ID number. If the data matches, specific to the
application or approved loan, SBA will then proceed with its manual
process to determine whether there is a duplication of benefits. Upon
determining that there is duplication of benefits, the dollar values
for the benefits issued by DHS/FEMA may reduce the eligible amount of
the disaster loan or may cause SBA loan proceeds to be used to repay
the grant program in the amount of the duplicated assistance.
    DHS/FEMA and SBA are responsible for verifying the submissions of
data used during each respective benefit process and for resolving any
discrepancies or inconsistencies on an individual basis.
    At SBA, the matching program for duplication of benefits will be
executed as part of loan processing and prior to each disbursement of
an approved SBA disaster loan. Any match indicating that there is a
possible duplicate benefit will be further reviewed by an SBA employee
to determine whether the DHS/FEMA grant monies reported by the
applicant or borrower are correct and matches the data reported by DHS/
FEMA. If there is a duplication of benefits, the amount of the SBA
disaster loan will be reduced accordingly and the applicant will be
provided written notice of the changes by processing a loan
modification to reduce the loan amount or, where appropriate, to repay
the DHS/FEMA grant program. The notice will provide the applicant with
an opportunity to apply for reconsideration of the loan modification
within six months of the date of the notice.

C. DHS/FEMA-SBA Status Update Automated Processes

    For informational purposes, SBA sends DHS/FEMA loan status updates
as they occur and FEMA updates the loan records in NEMIS-IA based on
the loan information received.

D. Policies and Procedures Regarding A, B and C Above

    Authorized users of both DCMS and DHS/FEMA NEMIS-IA will not make a
final decision to reduce or deny benefits of any financial assistance
to an applicant or take other adverse final action against such
applicant as the result of information produced by this matching
program until an employee of the agency taking such action has
independently verified such information and provided written notice to
the applicant with a statement of the findings and informing the
individual of the opportunity to respond or contest, along with the
expiration of the time to respond or contest.

VII. Retention of Matched Items

    Pursuant to SBA document retention policy, SBA retains applicant
records in DCMS loan files, including records for matched items. DHS/
FEMA will retain records pursuant to the Retention and Disposal section
of DHS/FEMA--008 Disaster Recovery Assistance Files, 78 FR 25282 (Apr.
30, 2013).

VIII. Security Procedures

    SBA and DHS/FEMA agree to the following information security
procedures:

A. Administrative

    The privacy of the subject individuals will be protected by strict
adherence to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a).
SBA and DHS/FEMA agree that data exchange and any records created
during the course of this matching program will be maintained and
safeguarded by each agency in such a manner as to restrict access to
only those individuals, including contractors, who have a legitimate
need to see them in order to accomplish the matching program's purpose.
Persons with authorized access to the information will be made aware of
their responsibilities pursuant to this Agreement.

B. Technical

    DHS/FEMA will transmit the data (specified in this Agreement) to
SBA via the following process:

    SBA will pull application data from DHS/FEMA Disaster Assistance
Center (DAC) via a web services based Simple Object Access Protocol
(SOAP), Extensible Markup Language (XML)/Hypertext Transfer Protocol
Secure (HTTPS) request. The data will be used to create applications
inside the Disaster Credit Management System. For each record, a
National Information Exchange Model (NIEM)-compliant response will be
sent back to FEMA DAC indicating success or failure for the transfer of
data. The SBA/DCMS to DHS/FEMA DAC export of referral data (specified
in this Agreement) will occur via a web services-based SOAP, XML/HTTPS
request.
    The DHS/FEMA Duplication of Benefits Interface will be initiated
from the DCMS to the DHS/FEMA NEMIS-IA through a secured Virtual
Private Network tunnel, open only to SBA domain Internet Protocol
addresses. The results of the query are returned to the DCMS in real-
time and populated in the DCMS for delegated SBA staff to use in the
determination of duplication of benefits.

C. Physical

    SBA and DHS/FEMA agree to maintain all automated matching records
in a secured computer environment that includes the use of authorized
access codes (passwords) to restrict access. Those records will be
maintained under conditions that restrict access to persons who need
them in connection with official duties related to the matching process
and grant and loan making processes.

IX. Records Usage, Duplication and Redisclosure Restrictions

    SBA and DHS/FEMA agree to the following restrictions on use,
duplication, and disclosure of information furnished by the other
agency.
    A. Records obtained for this matching program or created by the
match will not be disclosed outside the agency except as may be
essential to conduct the matching program, or as may be required by
law. Each agency will obtain the written permission of the other agency
before making such disclosure. See DHS/FEMA and SBA routine uses
provided in the systems of records notices identified in Section II.B.
    B. Records obtained for this matching program or created by the
match will not be disseminated within the agency except on a need-to-
know basis, nor will they be used for any purpose other than that
expressly described in this Agreement.
    C. Data or information exchanged will not be duplicated unless
essential to the conduct of the matching program. All stipulations in
this Agreement will apply to any duplication.
    D. If required to disclose these records to a state or local agency
or to a government contractor in order to accomplish the matching
program's purpose, each agency will obtain the written agreement of
that entity to abide by the terms of this Agreement.
    E. Each agency will keep an accounting of disclosure of an
individual's record as required by the Privacy Act (5 U.S.C. 552a(c))
and will make the accounting available upon request by the individual
or other agency.

X. Records Accuracy Assessments

    DHS/FEMA and SBA attest that the quality of the specific records to
be used in this matching program is assessed to be at least 99%
accurate. The possibility of any erroneous match is extremely small.
    In order to apply for DHS/FEMA assistance online via the DAC
portal, an applicant's name, address, SSN, and date of birth are sent
to a commercial database provider to perform identity verification. The
identity verification ensures that a person exists with the provided
credentials. In the rare instances where the applicant's identity is
not verified online or the applicant chooses, the applicants must call
one of the DHS/FEMA call centers to complete the registrations. The
identity verification process is performed again.
    In order to apply for SBA's Disaster Loan Assistance online via
SBA's Electronic Loan Application (ELA) an applicant's name, address,
SSN, and date of birth and other information is sent to a commercial
database provider to perform identity verification. The identity
verification confirms that a person exists with the provided
credentials. In the rare instances where the online applicant's
identity cannot be verified electronically or if the applicant chooses,
the applicant must call SBA's Customer Service Center to complete the
online application. Once an application (electronic or paper) is
completed and submitted, the information is transmitted to the DCMS
system, where it is reviewed and processed by loan officers, who also
verify each applicant's identity.

XI. Comptroller General Access

    The parties authorize the Comptroller General of the United States,
upon request, to have access to all SBA and DHS/FEMA records necessary
to monitor or verify compliance with this matching agreement. This
matching agreement also authorizes the Comptroller General to inspect
any records used in the matching process that are covered by this
matching agreement pursuant to 31 U.S.C. 717 and 5 U.S.C. 552a(b)(10).

XII. Duration of Agreement

    The Agreement may be renewed, terminated or modified as follows:

A. Renewal or Termination

    This Agreement will become effective in accordance with the terms
set forth in Section IV.C and will remain in effect for 18 months from
the commencement date. At the end of this period, this Agreement may be
renewed for a period of up to one additional year if the Data Integrity
Board of each agency determines within three months before the
expiration date of this Agreement that the program has been conducted
in accordance with this Agreement and will continue to be conducted
without change. Either agency not wishing to renew this Agreement
should notify the other in writing of its intention not to renew at
least three months before the expiration date of this Agreement. Either
agency wishing to terminate this Agreement before its expiration date
should notify the other in writing of its wish to terminate and the
desired date of termination.

B. Modification of the Agreement

    This Agreement may be modified at any time in writing if the
written modification conforms to the requirements of the Privacy Act
and receives approval by the participant agency Data Integrity Boards.

XIII. Reimbursement of Matching Costs

    SBA and DHS/FEMA will bear their own costs for this program.

XIV. Data Integrity Board Review/Approval

    SBA and DHS/FEMA's Data Integrity Boards will review and approve
this Agreement prior to the implementation of this matching program.
Disapproval by either Data Integrity Board may be appealed in
accordance with the provisions of the Computer Matching and Privacy
Protection Act of 1988, as amended. Further, the Data Integrity Boards
will perform an annual review of this matching program. SBA and DHS/
FEMA agree to notify the Chairs of each Data Integrity Board of any
changes to or termination of this Agreement.

XV. Points of Contacts and Approvals

    For general information, please contact: Eric M. Leckey (202-212-
5100),

Privacy Officer, Federal Emergency Management Agency, Department of
Homeland Security; and Jeffrey Jackson<PHONE_NUMBER>), Chief
Information Security Officer, Office of the Chief Information Officer,
Small Business Administration.

XVI. Signatures

    The authorizing officials whose signatures appear below have
committed their respective agencies to the terms of this Agreement.

Small Business Administration.

    Dated: September 14, 2015.
James Rivera,
Associate Administrator for Disaster Assistance, U.S. Small Business
Administration.
    Dated: September 9, 2015.
Matthew Varilek,
Chief Operating Officer, Data Integrity Board Chair, U.S. Small
Business Administration.

U.S. Department of Homeland Security Federal Emergency Management
Agency.

    Dated: August 4, 2015.
Keith Turi,
Acting Deputy Assistant Administrator, Recovery Directorate, Federal
Emergency Management Agency, U.S. Department of Homeland Security.
    Dated: August 19, 2015.
Karen L. Neuman,
Chief Privacy Officer Data Integrity Board Chair, U.S. Department of
Homeland Security.
[FR Doc. 2015-24477 Filed 9-24-15; 8:45 am]
 BILLING CODE P


[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)]
[Notices]
[Pages 19279-19282]
[FR Doc No: 2017-08392]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80498; File No. SR-BatsBZX-2017-23]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use on the Exchange's Equity Options Platform

April 20, 2017.
    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 April 12, 2017, Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BZX Rules
15.1(a) and (c).
---------------------------------------------------------------------------

    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.bats.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity
options platform (``BZX Options'') to: (i) Decrease the standard rebate
provided by fee code PM; (ii) modify select tiers under footnotes 4, 6,
8, 9, and 10; and (iii) eliminate certain tiers under footnotes 1, 3,
and 12.
Decrease the Standard Rebate Provided by Fee Code PM
    Currently, fee code PM sets forth the standard rebate of $0.35 per
contract for Market Maker \6\ orders that add liquidity on the Exchange
in Penny-Pilot securities. The Exchange now proposes to reduce this
standard rebate to $0.31 per contract. The Exchange also proposes to
update the Standard Rates table accordingly to reflect new rebate.
---------------------------------------------------------------------------

    \6\ ``Market Maker'' applies to any transaction identified by a
Member for clearing in the Market Maker range at the OCC, where such
Member is registered with the Exchange as a Market Maker as defined
in Rule 16.1(a)(37). See the Exchange's fee schedule available at
http://www.bats.com/us/options/membership/fee_schedule/bzx/.
---------------------------------------------------------------------------

NBBO Setter Tiers 1 Through 4 Under Footnote 4
    The Exchange currently offers five NBBO Setter Tiers under footnote
4, which provide an additional rebate per contract ranging from $0.02
to $0.05 for qualifying Non-Customer \7\ orders that add liquidity and
establish a new National Best Bid or Offer (``NBBO'') and yield fee
code PF, PM or PN. The Exchange now proposes to modify the required
criteria and rebates of tiers 1 through 5.
---------------------------------------------------------------------------

    \7\ ``Non-Customer'' applies to any transaction identified by a
Member for clearing which is not in the Customer range at the OCC,
excluding any transaction for a Broker Dealer or a ``Professional''
as defined in Exchange Rule 16.1. Id.
---------------------------------------------------------------------------

     Under Tier 1, a Member may currently receive an additional
rebate of $0.02 per share where they have an ADV \8\ greater than or
equal to 0.40% of average OCV.\9\ As amended, a Member may receive an
additional rebate of $0.01 per share where they have an: (i) ADAV \10\
in Non-Customer orders greater than or equal to 0.20% of average OCV;
and (ii) an ADAV in Firm,\11\ Market Maker \12\ and Away Market Maker
\13\ orders that establish a new NBBO greater than or equal to 0.05% of
average OCV.
---------------------------------------------------------------------------

    \8\ ``ADV'' means average daily volume calculated as the number
of contracts added or removed, combined, per day. See the Exchange's
fee schedule available at http://www.bats.com/us/options/membership/fee_schedule/bzx/.
    \9\ ``OCV'' means the total equity and ETF options volume that
clears in the Customer range at the Options Clearing Corporation
(``OCC'') for the month for which the fees apply, excluding volume
on any day that the Exchange experiences an Exchange System
Disruption and on any day with a scheduled early market close. Id.
    \10\ ``ADAV'' means average daily added volume calculated as the
number of contracts added and ``ADV'' means average daily volume
calculated as the number of contracts added or removed, combined,
per day. Id.
    \11\ ``Firm'' applies to any transaction identified by a Member
for clearing in the Firm range at the OCC, excluding any Joint Back
Office transaction. Id.
    \12\ ``Market Maker'' applies to any transaction identified by a
Member for clearing in the Market Maker range at the OCC, where such
Member is registered with the Exchange as a Market Maker as defined
in Rule 16.1(a)(37). Id.
    \13\ ``Away Market Maker'' applies to any transaction identified
by a Member for clearing in the Market Maker range at the OCC, where
such Member is not registered with the Exchange as a Market Maker,
but is registered as a market maker on another options exchange. See
the Exchange's fee schedule available at http://www.bats.com/us/options/membership/fee_schedule/bzx/.
---------------------------------------------------------------------------

     Under Tier 2, a Member may currently receive an additional
rebate of $0.04 per share where they have an ADV greater than or equal
to 1.30% of average OCV. As amended a Member may receive an additional
rebate of $0.02 per share where they have an: (i) ADAV in Non-Customer
orders greater than or equal to 0.40% of average OCV; and (ii) an ADAV
in Firm, Market Maker, and Away Market Maker orders that establish a
new NBBO greater than or equal to 0.05% of average OCV.
     Under Tier 3, a Member may currently receive an additional
rebate of $0.04 per share where they have an: (i) ADV greater than or
equal to 0.50% of average OCV; and an ADAV in Away Market Maker, Firm,
Broker Dealer,\14\ and Joint Back Office \15\ orders greater than or
equal to 0.40% of average OCV. As amended a Member may receive an
additional rebate of $0.03 per share where they have an: (i) ADAV in
Non-Customer orders greater than or equal to 0.50% of average OCV; and
(ii) an ADAV in Firm, Market Maker and Away Market Maker orders that
establish a

new NBBO greater than or equal to 0.05% of average OCV.
---------------------------------------------------------------------------

    \14\ ``Broker Dealer'' applies to any order for the account of a
broker dealer, including a foreign broker dealer, that clears in the
Customer range at the Options Clearing Corporation (``OCC''). Id.
    \15\ ``Joint Back Office'' applies to any transaction identified
by a Member for clearing in the Firm range at the OCC that is
identified with an origin code as Joint Back Office. A Joint Back
Office participant is a Member that maintains a Joint Back Office
arrangement with a clearing broker-dealer. Id.
---------------------------------------------------------------------------

     Under Tier 4, a Member may currently receive an additional
rebate of $0.03 per share where they have an ADAV in Market Maker
orders greater than or equal to 0.50% of average OCV. As amended a
Member may receive an additional rebate of $0.04 per share where they
have an: (i) ADAV in Non-Customer orders greater than or equal to 1.80%
of average OCV; (ii) an ADAV in Non-Customer Non-Penny orders greater
than or equal to 0.20% of average OCV; and (iii) an ADAV in Firm,
Market Maker and Away Market Maker orders that establish a new NBBO
greater than or equal to 0.05% of average OCV.
     Under Tier 5, a Member currently receives an additional
rebate of $0.05 per share where they have an ADAV in Non-Customer
orders greater than or equal to 3.00% of average OCV. As amended a
Member may receive an additional rebate of $0.05 per share when they
have an: (i) ADAV in Non-Customer orders greater than or equal to 3.00%
of average OCV; and (ii) ADAV in Firm/Market Maker/Away MM orders that
establish a new NBBO greater than or equal to 0.05% of average OCV.
Market Maker Penny Pilot Add Volume Tiers Under Footnote 6
    The Exchange currently offers two Market Maker Penny Pilot Add
Volume Tiers under footnote 6, which provide an enhanced rebate of
$0.40 and $0.42 per contract for qualifying Market Maker orders which
add liquidity in Penny Pilot securities \16\ and yield fee code PM. The
Exchange now proposes to modify the required criteria and rebates of
Tiers 1 and 2, and to add a new tier.
---------------------------------------------------------------------------

    \16\ ``Penny Pilot Securities'' are those issues quoted pursuant
to Exchange Rule 21.5, Interpretation and Policy .01. Id.
---------------------------------------------------------------------------

     Under Tier 1, a Member may currently receive an enhanced
rebate of $0.40 per share where they have an ADV greater than or equal
to 0.40% of average OCV. As amended a Member may receive an enhanced
rebate of $0.35 per share where they have an ADAV in Market Maker
orders greater than or equal to 0.05% of average OCV.
     Under the current Tier 2, a Member may receive an enhanced
rebate of $0.42 per share where they have an: (i) ADAV in Market Maker
and/or Away Market Maker orders greater than or equal to 1.30% of
average OCV; and (ii) an ADV greater than or equal to 2.60% of average
OCV. As amended Tier 2 will be renamed Tier 3, and a Member may receive
an enhanced rebate of $0.42 per share where they have an: (i) ADAV in
Market Maker orders greater than or equal to 1.30% of average OCV; and
(ii) an ADV greater than or equal to 2.60% of average OCV.
     Under the newly proposed Tier 2, a Member may receive an
enhanced rebate of $0.40 per share where they have an ADAV in Market
Maker orders greater than or equal to 0.15% or average OCV.
Firm, Broker Dealer, and Joint Back Office Non-Penny Pilot Add Volume
Tier 3 Under Footnote 8
    The Exchange currently offers three Firm, Broker Dealer, and Joint
Back Office Non-Penny Pilot Add Volume Tiers under footnote 8, which
provide an enhanced rebate ranging from $0.45 to $0.82 per contract for
qualifying Firm, Broker Dealer, and Joint Back Office orders which add
liquidity in Non-Penny Pilot securities and yield fee code NF. The
Exchange now proposes to add a third prong to the criteria required to
achieve Tier 3. Under Tier 3, a Member may currently receive an
enhanced rebate of $0.82 per share where (i) they have an ADV greater
than or equal to 2.30% of average OCV; and (ii) an ADAV in Away Market
Maker, Firm, Broker Dealer, and Joint Back Office orders greater than
or equal to 1.65% of average OCV. As amended the Exchange proposes to
add a third prong to the criteria requiring that a Member also have a
ADAV in Non-Customer Non-Penny Pilot orders greater than or equal to
0.20% of average OCV. The Exchange does not proposes to amend the
rebate provided under Tier 3.
Away Market Maker Penny Pilot Add Volume Tier 2 Under Footnote 10
    The Exchange currently offers three Away Market Maker Penny Pilot
Add Volume Tiers under footnote 10, which provide an enhanced rebate
ranging from $0.40 to $0.46 per contract for qualifying Away Market
Maker orders which add liquidity in Penny Pilot securities and yield
fee code PN. The Exchange now proposes to add a third prong to the
criteria required to achieve Tier 2 ad to lower the rebate from $0.46
per contract to $0.45 per contract. Under Tier 2, a Member will now
receive an enhanced rebate of $0.45 per share where they have an: (i)
ADAV in Away Market Maker, Firm, Broker Dealer and Join Back Office
orders greater than or equal to 1.05% of average OCV; and (ii) ADV
greater than or equal to 1.95% of average OCV; and (iii) ADAV in Non-
Customer Non-Penny Pilot Securities greater than or equal to 0.20% of
average OCV.
Professional Penny Pilot Add Volume Tier 1 Under Footnote 9
    The Exchange currently offers four Professional \17\ Penny Pilot
Add Volume Tiers under footnote 9, which provide an enhanced rebate
ranging from $0.42 to $0.48 per contract for qualifying Professional
orders which add liquidity in Penny Pilot securities and yield fee code
PA. The Exchange now proposes to increase the criteria required to
achieve Tier 1. Under Tier 1, a Member may currently receive an
enhanced rebate of $0.42 per share where they have an ADAV in Customer
\18\ and Professional orders greater than or equal to 0.15% of average
OCV. As amended, a Member may continue to receive an enhanced rebate of
$0.42 per share where they satisfy the amended criteria by having an
ADAV in Customer and Professional orders greater than or equal to 0.20%
of average OCV.
---------------------------------------------------------------------------

    \17\ ``Professional'' applies to any transaction identified by a
Member as such pursuant to Exchange Rule 16.1. Id.
    \18\ ``Customer'' applies to any transaction identified by a
Member for clearing in the Customer range at the OCC, excluding any
transaction for a Broker Dealer or a ``Professional'' as defined in
Exchange Rule 16.1. Id.
---------------------------------------------------------------------------

Eliminate the Customer Step-Up Volume Tier and the Step-Up Tier Under
Footnote 1
    The Exchange currently offers nine Customer Penny Pilot Add Volume
Tiers under footnote 1, which provide an enhanced rebate ranging from
$0.40 to $0.53 per contract for qualifying Customer orders which add
liquidity in Penny Pilot securities and yield fee code PY. The Exchange
now proposes to eliminate the Customer Step-Up Volume Tier under
footnote 1, which provides a rebate of $0.53 per share for Members that
have an Options Step-Up Add OCV \19\ in Customer orders from September
2015 baseline greater than or equal to 0.45%. The Exchange additionally
proposes to eliminate the Step-Up Tier under footnote 1, which provides
an additional rebate of $0.02 per share to orders that yield fee code
PY or those that qualify for the remaining Customer Penny Pilot Add
Tiers where the Member has an Options Step-Up Add OCV in Customer
orders from an October 2016 baseline greater than or equal to 0.45%.
---------------------------------------------------------------------------

    \19\ ``Options Step-Up Add OCV'' means ADAV as a percentage of
OCV in the relevant baseline month subtracted from current ADAV as a
percentage of OCV. See the Exchange's fee schedule available at
http://www.bats.com/us/options/membership/fee_schedule/bzx/.

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

Eliminate the Step-Up Tier Under Footnote 3
    The Exchange currently offers four Non-Customer Penny Pilot Take
Volume Tiers under footnote 3, which provide a reduced fee ranging from
$0.44 to $0.47 per contract for qualifying Non-Customer orders which
remove liquidity in Penny Pilot securities and yield fee code PP. The
Exchange now proposes to eliminate the Step-Up Tier under footnote 3,
which provides a reduced fee of $0.47 per contract for Members that
have an Options Step-Up Add OCV in Customer orders from an October 2016
baseline greater than or equal to 0.45%.
Eliminate the Step-Up Tier Under Footnote 12
    The Exchange currently offers three Customer Non-Penny Pilot Add
Volume Tiers under footnote 12, which provide an enhanced rebate per
contract ranging from $1.00 to $1.05 for Customer orders which add
liquidity in Non-Penny Pilot securities and yield fee code NY. The
Exchange now proposes to eliminate the Step-Up Tier under footnote 12,
which provides a rebate of $1.00 per share for Members that have an
Options Step-Up Add OCV in Customer orders from an October 2016
baseline greater than or equal to 0.45%.
Implementation Date
    The Exchange proposes to implement these amendments to its fee
schedule immediately.\20\
---------------------------------------------------------------------------

    \20\ The Exchange initially filed the proposed amendments to its
fee schedule on March 31, 2017 (SR-BatsBZX-2017-20). On April 12,
2017, the Exchange withdrew SR-BatsBZX-2017-20 and then subsequently
submitted this filing (SR-BatsBZX-2017-23).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with the objectives of Section 6 of the Act,\21\ in general, and
furthers the objectives of Section 6(b)(4),\22\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive or incentives to be insufficient. The proposed
rule changes reflect a competitive pricing structure designed to
incentivize market participants to direct their order flow to the
Exchange.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f.
    \22\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

Fee Codes PM
    The Exchange believes that its proposal to reduce the rebate
provided by fee code PM is fair and equitable and reasonable because
such proposed rebates remain consistent with pricing previously offered
by the Exchange as well as its competitors \23\ and does not represent
a significant departure from the Exchange's general pricing structure
and will allow the Exchange to earn additional revenue that can be used
to offset the addition of new pricing incentives. Specifically, the
Exchange's proposal to lower the rebate to $0.31 per contract for
Market Marker orders which add liquidity in Penny Pilot securities
under fee code PM remains lower than NYSE Arca LLC (``NYSE Arca''),
which provides a standard rebate of $0.28 per contract for similar
orders. Lastly, the proposed change to fee code PM is not unfairly
discriminatory because it will apply equally to all Members.
---------------------------------------------------------------------------

    \23\ See the NYSE Arca fee schedule available at https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf.
---------------------------------------------------------------------------

Modifications to the Volume Discount Tier Rebates and Required Criteria
    The Exchange believes that the proposed modifications to the tiered
pricing structure are reasonable, fair and equitable, and non-
discriminatory. The Exchange operates in a highly competitive market in
which market participants may readily send order flow to many competing
venues if they deem fees at the Exchange to be excessive or incentives
provided to be insufficient. The proposed structure remains intended to
attract order flow to the Exchange by offering market participants a
competitive pricing structure. The Exchange believes it is reasonable
to offer and incrementally modify incentives intended to help to
contribute to the growth of the Exchange.
    Volume-based pricing such as that proposed herein have been widely
adopted by exchanges, including the Exchange, and are equitable because
they are open to all Members on an equal basis and provide additional
benefits or discounts that are reasonably related to: (i) The value to
an exchange's market quality; (ii) associated higher levels of market
activity, such as higher levels of liquidity provisions and/or growth
patterns; and (iii) introduction of higher volumes of orders into the
price and volume discovery processes. Lastly, the proposed change to
the tiered pricing structure are not unfairly discriminatory because
they will apply equally to all Members.
    In particular, the proposed changes to footnotes 8, 9, and 10
intended to further incentivize Members to send increased order flow to
the Exchange in an effort to qualify for the enhanced rebate made
available by the tiers, in turn contributing to the growth of the
Exchange. The enhanced rebate made available by the tiers, in turn
contributing to the growth of the Exchange. [sic]
    In addition, the proposed modifications to the Market Maker Penny
Pilot Add Volume Tiers to require that Members attain an ADAV in Market
Marker orders specifically, instead of requiring a general level of ADV
or an ADAV that also includes Away Market Maker orders, reinforces the
purpose of the volume tier--to incentivize Members to send Market Maker
orders in Penny Pilot securities to the Exchange. The tier structure
under footnote 6 has thus been adjusted accordingly to accommodate the
newly proposed Tier 2 and renaming of current Tier 2 as Tier 3.
Further, the Exchange believes the proposed rebates reasonably reflect
the ascending difficultly of achieving the corresponding tier.
    Furthermore, the proposed modifications to the NBBO Setter Tiers
are consistent with the Act in that the proposed changes are designed
to incentivize Members to contribute certain orders which establish a
new NBBO to the Exchange in an effort to qualify for the enhanced
rebate. By also requiring Members to achieve a certain ADAV in certain
orders that establish a new NBBO, the proposed changes would further
enhance the market quality of the Exchange by improving opportunities
for price improvement. In particular, the proposed changes will further
encourage orders at the NBBO, and is therefore directly focused on
encouraging aggressively priced liquidity provision on BZX Options. The
Exchange also believes the rebate associate with each tier is
reasonable as they reflect the difficultly in achieving the
corresponding tier. These incentives remain reasonably related to the
value to the Exchange's market quality associated with higher levels of
market activity, including liquidity provision and the introduction of
higher volumes of orders into the price and volume discovery processes.
    Lastly, the Exchange believes that eliminating the: (i) Customer
Step-Up Volume Tier and the Step-Up Tier under footnote 1; (ii) the
Step-Up Tier under footnote 3; and (iii) the Step-Up Tier under
footnote 12 is reasonable,

fair, and equitable because the these tiers were not providing the
desired result of incentivizing Members to increase their participation
on the Exchange. As such, the Exchange also believes that the proposed
elimination of these tiers would be non-discriminatory in that they
currently apply equally to all Members and, upon elimination, would no
longer be available to any Members. Further, their elimination will
allow the Exchange to explore other pricing mechanisms in which it may
enhance market quality for all Members.

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

    The Exchange believes the proposed amendment to its fee schedule
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed change represents a significant
departure from previous pricing offered by the Exchange or pricing
offered by the Exchange's competitors. Additionally, Members may opt to
disfavor the Exchange's pricing if they believe that alternatives offer
them better value. Accordingly, the Exchange does not believe that the
proposed change will impair the ability of Members or competing venues
to maintain their competitive standing in the financial markets. The
Exchange does not believe that the proposed change to the Exchange's
standard fees, rebates and tiered pricing structure burdens
competition, but instead, enhances competition as it is intended to
increase the competitiveness of the Exchange.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \24\ and paragraph (f) of Rule 19b-4
thereunder.\25\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-BatsBZX-2017-23 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-BatsBZX-2017-23. 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 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; 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-BatsBZX-2017-23 and should
be submitted on or before May 17, 2017.
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-08392 Filed 4-25-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Notices]
[Page 72139]
[FR Doc No: 2013-28871]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1 ]

Nevada Gold Corp.; Order of Suspension of Trading

November 27, 2013.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Nevada Gold Corp. (``Nevada Gold'') because of questions regarding the
accuracy of assertions by Nevada Gold, and by others, to investors in
press releases and promotional material concerning, among other things,
the company's assets, operations, and financial condition. Nevada Gold
is a Delaware corporation based in Del Mar, California. The company's
common stock is dually quoted on the OTCBB and OTC Link under the
symbol NVGC.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EST on
November 27, 2013 through 11:59 p.m. EST, on December 11, 2013.

    By the Commission.
Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2013-28871 Filed 11-27-13; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47981-47983]
[FR Doc No: 2017-22254]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0413; FRL-9969-48-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; 2015 Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State of West Virginia state
implementation plan (SIP). The revisions update the effective date by
which the West Virginia regulations incorporate by reference the
national ambient air quality standards (NAAQS), additional monitoring
methods, and additional equivalent monitoring methods. This update will
effectively add the following to the West Virginia SIP: The 2015 ozone
NAAQS, monitoring reference and equivalent methods pertaining to fine
particulate matter (PM2.5), Carbon Monoxide (CO), and course
particulate matter (PM10), and it will revise the ozone
monitoring season, the Federal Reference Method (FRM), the Federal
Equivalent Method (FEM), and the Photochemical Assessment Monitoring
Stations (PAMS) network. The SIP revision will also change a reference
from the ``West Virginia Department of Environmental Protection,'' to
the ``Division of Air Quality.'' EPA is approving these revisions in
accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on December 15, 2017 without further
notice, unless EPA receives adverse written comment by November 15,
2017. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0413 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp,<PHONE_NUMBER>,
or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On June 13, 2017, the State of West Virginia through the West
Virginia Department of Environmental Protection (WVDEP) submitted a
formal revision to West Virginia's SIP pertaining to amendments of
Legislative Rule, 45 CSR 8--Ambient Air Quality Standards. The SIP
revision consists of revising the effective date of the incorporation
by reference of 40 CFR parts 50 and 53.

II. Summary of SIP Revision and EPA Analysis

    West Virginia has submitted this SIP revision to update the State's
incorporation by reference of 40 CFR part 50, which contains the
Federal NAAQS, and 40 CFR part 53, which contains the ambient air
monitoring reference methods and equivalent reference methods.
Currently, the version of 45 CSR 8 in the West Virginia SIP
incorporates by reference 40 CFR parts 50 and 53 as effective on June
1, 2013; this SIP revision will update the effective date to June 1,
2016.
    In the June 13, 2017 SIP submittal, WVDEP submitted amendments to
the legislative rule which include the following changes: To section
45-8-1 (General), the filing and effective dates are changed to reflect
the update of the legislative rule; to section 45-8-3 (Adoption of
Standards), the effective dates for the incorporation by reference of
40 CFR parts 50 and 53 are changed; to section 45-8-4 (Inconsistency
Between Rules), the reference to the ``West Virginia Department of
Environmental Protection,'' is changed to the ``Division of Air
Quality.'' West Virginia has amended 45 CSR 8 to revise the filing and
effective dates of the rule to May 15, 2017 and June 1, 2017
respectively. The effective date of the incorporation by reference of
40 CFR parts 50 and 53 changed from June 1, 2013 to June 1, 2017. EPA
finds the revised version of 45 CSR 8 with new effective dates
incorporating by reference 40 CFR parts 50 and 53, as well as the
changes to the reference of the state air agency, are in accordance
with requirements in section 110 of the CAA.
    This update will effectively add the following to the West Virginia
SIP: The 2015 ozone NAAQS, monitoring reference and equivalent methods
pertaining to PM2.5, CO, and PM10, and it will
revise the ozone monitoring season to March 1st through October 31st,
the FRM, the FEM, and the PAMS network.

III. Final Action

    EPA is approving the amendments to Legislative Rule, 45 CSR 8--
Ambient Air Quality Standards, into the West Virginia SIP pursuant to
section 110 of the CAA. EPA is publishing this rule without prior
proposal because EPA views this as a noncontroversial amendment and
anticipates no adverse comment. However, in the ``Proposed Rules''
section of this Federal Register, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective on December 15, 2017
without further notice unless EPA receives adverse comment by November
15, 2017. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule,

EPA may adopt as final those provisions of the rule that are not the
subject of an adverse comment.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the update to West Virginia's Legislative Rule,
45 CSR 8, as effective on June 1, 2017. EPA has made, and will continue
to make, these materials generally available through
www.regulations.gov and/or at the EPA Region III Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference by the Director of the Federal Register in the next update of
the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 15, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action.
    This action, to approve West Virginia's SIP revisions to update of
the effective date by which the State regulations incorporate by
reference the Federal NAAQS, additional monitoring methods, and
additional equivalent monitoring methods, which effectively adds the
2015 ozone NAAQS and ambient air monitoring reference and equivalent
methods pertaining to PM2.5, PM10, and CO, and
changing the reference to the state air agency, may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: September 27, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the first table in paragraph (c) is amended by
revising the entries for 45-8-1 through 45-8-4 to read as follows:

Sec.  52.2520   Identification of plan.

* * * * *
    (c) * * *

                                EPA-Approved Regulations in the West Virginia SIP
----------------------------------------------------------------------------------------------------------------
                                                            State                                Additional
State citation [Chapter 16-20 or      Title/subject       effective     EPA approval date   explanation/citation
             45 CSR]                                         date                             at 40 CFR 52.2565
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 [45 CSR] Series 8 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 45-8-1..................  General..............       6/1/17  10/16/2017, [Insert   Filing and effective
                                                                       Federal Register      dates are revised.
                                                                       Citation].
Section 45-8-2..................  Definitions..........       6/1/17  10/16/2017, [Insert   Previous Approval 9/
                                                                       Federal Register      22/2014.
                                                                       Citation].
Section 45-8-3..................  Adoption of Standards       6/1/17  10/16/2017, [Insert   Effective date is
                                                                       Federal Register      revised.
                                                                       Citation].
Section 45-8-4..................  Inconsistency Between       6/1/17  10/16/2017, [Insert   Replaced ``West
                                   Rules.                              Federal Register      Virginia Department
                                                                       Citation].            of Environmental
                                                                                Protection'' with
                                                                                ``Division of Air
                                                                                Quality''.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-22254 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P