[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91979-91982]
[FR Doc No: 2016-30391]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79538; File No. SR-CHX-2016-21]

Self Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Modify the Web Site Data Publication Requirements and Clarify
Certain Data Reporting Obligations Related to the Regulation NMS Plan
To Implement a Tick Size Pilot Program

December 13, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on November 29, 2016, the Chicago Stock Exchange, Inc. (``CHX'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CHX proposes to amend Article 20, Rule 13(b) of the Rules of the
Exchange (``CHX Rules'') to modify the Web site data publication
requirements and clarify the Exchange's data reporting obligations
relating to the Regulation NMS Plan to Implement a Tick Size Pilot
Program.
    The text of this proposed rule change is available on the
Exchange's Web site at (www.chx.com) and in 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 CHX included statements
concerning the purpose of and basis for the proposed rule changes 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 CHX has prepared summaries, set forth in sections A,
B and C below, of the most significant aspects of such statements.

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

1. Purpose
    On August 25, 2014, the Exchange, and several other self-regulatory
organizations (the ``Plan Participants''\3\) filed with the Commission,
pursuant to Section 11A of the Act \4\ and Rule 608 of Regulation NMS
thereunder,\5\ the Plan to Implement a Tick Size Pilot Program (the
``Plan'').\6\ The Plan Participants filed the Plan to comply with an
order issued by the Commission on June 24, 2014.\7\ The Plan\8\ was
published for comment in the Federal Register on November 7, 2014, and
approved by the Commission, as modified, on May 6, 2015.\9\ The
Commission approved the Pilot on a two-year basis, with implementation
to begin no later than May 6, 2016.\10\ On November 6, 2015, the SEC
exempted the Plan Participants from implementing the pilot until
October 3, 2016.\11\ As set forth in Appendices B and C to the Plan,
data that is reported pursuant to the appendices shall be provided for
dates starting six months prior to the Pilot Period through six months
after the end of the Pilot Period. Under the revised Pilot
implementation date, the Pre-Pilot data collection period commenced on
April 4, 2016. On September 13, 2016, the Commission exempted the Plan
Participants from the requirement to fully implement the Pilot on
October 3, 2016, to permit the Plan Participants to implement the pilot
on a phased-in basis, as described in the Plan Participants' exemptive
request.\12\
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    \3\ A ``Participant'' is a ``member'' of the Exchange for
purposes of the Act. See CHX Article 1, Rule 1(s). For clarity, the
Exchange proposes to utilize the term ``CHX Participant'' when
referring to members of the Exchange and the term ``Plan
Participant'' when referring to Participants of the Plan.
    \4\ 15 U.S.C. 78k-1.
    \5\ 17 CFR 242.608.
    \6\ See Letter from Brendon J. Weiss, Vice President,
Intercontinental Exchange, Inc., to Secretary, Commission, dated
August 25, 2014.
    \7\ See Securities Exchange Act Release No. 72460 (June 24,
2014), 79 FR 36840 (June 30, 2014).
    \8\ Unless otherwise specified, capitalized terms used in this
rule filing are based on the defined terms of the Plan.
    \9\ See Securities Exchange Act Release No. 74892 (May 6, 2015),
80 FR 27513 (May 13, 2015) (``Approval Order'').
    \10\ See Approval Order at 27533 and 27545.
    \11\ See Securities Exchange Act Release No. 76382 (November 6,
2015), 80 FR 70284 (November 13, 2015) (File No. 4-657).
    \12\ See Letter from David S. Shillman, Associate Director,
Division of Trading and Markets, Commission, to Eric Swanson, EVP,
General Counsel and Secretary, Bats Global Markets, Inc., dated
September 13, 2016; see also Letter from Eric Swanson, EVP, General
Counsel and Secretary, Bats Global Markets, Inc., to Brent J.
Fields, Secretary, Commission, dated September 9, 2016.
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    The Plan is designed to allow the Commission, market participants,
and the public to study and assess the impact of increment conventions
on the liquidity and trading of the common stocks of small-
capitalization companies. Each Plan Participant is required to comply,
and to enforce compliance by its members, as applicable, with the
provisions of the Plan.
    On March 28, 2016, the Exchange filed with the Commission a
proposed rule change to adopt Article 20, Rule 13(b), which was
immediately effective upon filing, to implement the data collection
requirements of the Plan, including requirements relating to Web site
data publication.\13\ Specifically, current Article 20, Rule
13(b)(2)(A)(v) provides that the Exchange shall make Appendix B.I and
B.II data of certain

CHX Participants that operate Trading Centers \14\ collected pursuant
to current Article 20, Rule 13(b)(2)(A) publicly available on the
Exchange Web site on a monthly basis at no charge and shall not
identify the Trading Center that generated the data. Also, current
Article 20, Rule 13(b)(B)(ii) provides that the Exchange shall make
Appendix B.I and B.II data of the Exchange operated Trading Center
collected pursuant to current Article 20, Rule 13(b)(2)(B)(i) publicly
available on the Exchange Web site on a monthly basis at no charge and
shall not identify the Trading Center that generated the data. In
addition, current Article 20, Rule 13(b)(3)(C) provides that the
Exchange shall make Appendix B.IV data collected pursuant to current
Article 20, Rule 13(b)(3)(A) and (B) publicly available on the Exchange
Web site on a monthly basis at no charge and shall not identify the
Trading Center that generated the data.
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    \13\ See Securities Exchange Act Release No. 77469 (March 29,
2016), 81 FR 19275 (April 4, 2016) (SR-CHX-2016-03).
    \14\ The Plan incorporates the definition of a ``Trading
Center'' from Rule 600(b)(78) of Regulation NMS. Regulation NMS
defines a ``Trading Center'' as ``a national securities exchange or
national securities association that operates an SRO trading
facility, an alternative trading system, an exchange market maker,
an OTC market maker, or any other broker or dealer that executes
orders internally by trading as principal or crossing orders as
agent.'' See 17 CFR 242.600(b).
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    The Exchange is now proposing amendments to Article 20, Rule
13(b)(2)(A)(v) (regarding Appendix B.I and B.II data for Trading
Centers operated by CHX Participants), Article 20, Rule 13(b)(2)(B)(ii)
(regarding Appendix B.I and B.II data for the Exchange operated Trading
Center) and Article 20, Rule 13(b)(3)(C) (regarding Appendix B.IV data)
to provide that data required to be made available on the Exchange Web
site be published within 120 calendar days following the month end. The
Exchange also proposes to adopt new language under Article 20, Rule
13(b)(5) (regarding Appendix B.III data) that provides that the
Exchange shall make its Appendix B.III data publicly available on the
CHX Web site within 120 calendar days following month end at no charge
and shall not identify the Trading Center that generated the data.
    Moreover, the Exchange is proposing to adopt Article 20, Rule
13(b)(4)(C) (regarding Appendix C data) to clarify that the Exchange,
as a Designated Examining Authority (``DEA''), shall collect the data
required by Item I of Appendix C to the Plan and current paragraph
(b)(4)(A) for those CHX Participants that are Market Makers for which
the Exchange is the DEA, and on a monthly basis transmit such data,
categorized by the Control Group and each Test Group, to the SEC in a
pipe delimited format. Also, in light of the recently proposed
amendment to the Financial Industry Regulatory Authority (``FINRA'')
Rule 6191(b)(4)(B),\15\ which provides, among other things, that FINRA
shall aggregate and publish (i) Market Maker profitability statistics
for Market Makers for which FINRA is the DEA; (ii) Market Maker
profitability statistics collected from other Plan Participants that
are DEAs; and (iii) Market Maker profitability statistics for Market
Maker profitability statistics [sic] for Market Makers whose DEA is not
a Plan Participant, the Exchange is proposing to adopt additional
language that provides the Exchange, as DEA, shall also make the data
collected pursuant to current paragraph (b)(4)(A) available to FINRA
for aggregation and publication, categorized by the Control Group and
each Test Group, on the FINRA Web site pursuant to FINRA Rules.
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    \15\ See SR-FINRA-2016-042, filed November 15, 2016.
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    Furthermore, the Exchange is proposing amendments to paragraph .08
of the Interpretations and Policies under Article 20, Rule 13(b) to
conform its provisions to the above proposed changes. Specifically,
amended paragraph. 08 would provide that with respect to data for the
Pilot Period, the Exchange shall make the data collected pursuant to
current paragraph (b)(4)(A) available to FINRA for aggregation and
publication on the FINRA Web site pursuant to FINRA Rules and the
Exchange will publish the data collected pursuant to current paragraphs
(2) and (3) on the Exchange Web site, which shall commence at the
beginning of the Pilot Period. Also, notwithstanding the provisions of
amended paragraphs (b)(2)(A)(v), (b)(2)(B(ii) and (b)(3)(C), the
Exchange shall make data for the Pre-Pilot Period publicly available on
the Exchange's Web site pursuant to Appendix B to the Plan by February
28, 2017.
    The purpose of delaying the publication of the Web site data is to
address confidentiality concerns by providing for the passage of
additional time between the market information reflected in the data
and the public availability of such information.\16\ In addition, the
purpose of adopting language that the Exchange will transmit Appendix C
data to the SEC for the Market Making activity of a CHX Participant for
which the Exchange is the DEA is to clarify the Exchange's data
reporting obligations pursuant to the Plan. Moreover, the purpose of
explicitly stating that the Exchange will publish the relevant Appendix
B data on its Web site and that FINRA will publish the relevant
Appendix C data on its Web site is to conform CHX Rules to the Web site
publication procedures recently proposed by FINRA.\17\
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    \16\ The Exchange understands that some Market Makers may
utilize a DEA that is not a Plan Participant and that their
Designated Examining Authority (``DEA'') would not be subject to the
Plan's data collection requirements. Prior to this proposal, the
Plan Participants implemented rules that required members that were
Market Makers whose DEA is not a Plan Participant to transmit
transaction data for Market Maker profitability calculations to
FINRA. See e.g., Securities Exchange Act Release No. 77469 (March
29, 2016), 81 FR 19275 (April 4, 2016) (SR-CHX-2016-03).
    \17\ See supra note 15.
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    The Exchange notes that the proposed rule change is similar to SR-
FINRA-2016-042 in all material respects, except that the Exchange does
not propose to adopt provisions regarding the calculation and public
dissemination of Appendix C data as FINRA will be conducting that
function on behalf of all Plan Participants. Also, the Exchange has
filed the proposed rule change for immediate effectiveness and has
requested that the Commission waive the 30-day operative delay. If the
Commission waives the 30-day operative delay, the operative date of the
proposed rule change will be the date of the filing.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \18\ in general, and furthers the objectives of Section
6(b)(5) of the Act \19\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest; and are not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that this proposal is consistent with the Act
because it is designed to assist the Plan Participants in meeting their
regulatory obligations pursuant to the Plan and is in furtherance of
the objectives of the Plan, as identified by the SEC. The Exchange
believes that the instant proposal is consistent with the Act in that
it is designed to (1) address confidentiality concerns by permitting
the Exchange to delay Web site publication to provide for passage of
additional time between the market information reflected in the data
and the

public availability of such information, (2) clarify the Exchange's
data reporting obligations pursuant to the Plan and (3) conform CHX
Rules to the Web site publication procedures recently proposed by
FINRA.\20\
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    \20\ See supra note 15.
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B. Self-Regulatory Organization's Statement of Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
notes that the proposed rule change implements the provisions of the
Plan, and is designed to assist the Plan Participants in meeting their
regulatory obligations pursuant to the Plan.
    The proposal is intended to (1) address confidentiality concerns
that may adversely impact competition by permitting the Exchange to
delay Web site publication to provide for passage of additional time
between the market information reflected in the data and the public
availability of such information, (2) clarify the Exchange's data
reporting obligations pursuant to the Plan and (3) conform CHX Rules
with the Web site publication procedures recently proposed by
FINRA.\21\ The Exchange notes that the proposed change will not affect
the data reporting requirements for CHX Participants. The proposal also
does not alter the information required to be submitted to the SEC.
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    \21\ See supra note 15.
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C. Self-Regulatory Organization's Statement on Comments Regarding the
Proposed Rule Changes Received From Members, Participants or Others

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective upon filing pursuant to Section 19(b)(3)(A) of the Act \22\
and Rule 19b-4(f)(6) \23\ thereunder.
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    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has filed
the proposed rule change for immediate effectiveness and has requested
that the Commission waive the requirement that the proposed rule change
not become operative for 30 days after the date of the filing so that
it may become operative immediately.
    The Exchange notes that the proposed rule change implements the
provisions of the Plan, and is designed to assist the Participants in
meeting their regulatory obligations pursuant to the Plan. The proposal
is intended to address confidentiality concerns by permitting the
Exchange to (1) delay Web site publication to provide for passage of
additional time between the market information reflected in the data
and the public availability of such information; and (2) allow for
FINRA to aggregate and publish Market Maker profitability data for all
Participant DEAs. The Exchange notes that the proposed change will not
affect the data reporting requirements for members for which CHX is the
DEA. The proposal also does not alter the information required to be
submitted to the Commission.
    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the Exchange to implement these proposed changes
that are intended to address confidentiality concerns. The Commission
notes that some Pilot data was scheduled to be published on November
30, 2016. Therefore, the Commission hereby waives the 30-day operative
delay and designates the proposed rule change to be operative on
November 30, 2016.\24\
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    \24\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.\25\ If the
Commission takes such action, the Commission shall institute
proceedings under Section 19(b)(2)(B) \26\ of the Act to determine
whether the proposed rule change should be approved or disapproved.
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    \25\ 15 U.S.C. 78s(b)(3)(C).
    \26\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-CHX-2016-21 on the subject line.

Paper Comments

     Send paper comments in triplicate to Robert W. Errett,
Deputy Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File No. SR-CHX-2016-21. 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 changes 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 CHX. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-CHX-2016-21 and should be
submitted on or before January 9, 2017.
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    \27\ 17 CFR 200.30-3(a)(12).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-30391 Filed 12-16-16; 8:45 am]
 BILLING CODE 8011-01-P


BIODEGRADATION (BOD/ COD/ TOC)

TEST SUBSTANCE Identity: Perfluorooctanoic acid, ammonium salt; may also be referred to as PFOA ammonium salt, Ammonium perfluorooctanoate, PFO, FC116 FC 126, FC 169, or FC 143. (Octanoic acid, pentadecafluoro ammonium salt, CAS # 3825 26 1)

Remarks: The test sample is FC 143. The referenced study is only a summary. Current information indicates FC 143 is a mixture of 96.5  100% test substance and 0  3.5% CG, C7, and CQ perfluoro analogue compounds. The 3M production lot number was 261.

METHOD:

Method: Not noted. Type: Aerobic (BOD). Unknown for COD and TOC. GLP: No Year completed: 1977 Contact time: 14 days Innoculum: Not noted RESULTS Total Organic Carbon (TOC)":

Chemical Oxygen Demand (COD)*:

Biochemical Oxyg'en Demand (BOD): 5 Day: 140Day: * Duplicated studies. 186,000 mg/ kg 238,000 ~4000 mg/ kg 4 800 mg/ kg Nil 4 0,200 mg/ kg CONCLUSIONS No reliable conclusions can be derived from this study.

Submitter: 3M Company, Environmental Laboratory, P. O. Box 33331, St. Paul, Minnesota, 55133 DATA QUALITY Reliability: Klimisch ranking 4. Summary was created using only a listing of test values. The original study procedure and raw data were not found.

REFERENCES The data summary sheet was created by the 3M Company, Environmental Laboratory, St. Paul, MN, Lab Request number 3844, July 14, 1977.

`OTHER Last changed: 5/ 24/ 00 PRODUCT ECOLOGICAL ASSESSMENT REQUEST FOR LABORATORY WORK PRODUCT: DIVISION LAB REQUEST NO. 3 ?q Y REQUESTER Phone No. 59 r 3 Request Date: 7// 4/ 7 Project No.: 99 7 fi! aln Prob. No. Code No.: Sample Date:

Description: Purpose of Tests: Date Needed: LABORATORY Date Received Sample: Analyst: Date Completed: Hours Spent: Y B P Please Call Requester If Delays Are Eycounte ad. ,.

PHYSICAL & CHEMICAL PROPERTIES /, `b LoTa Heatof Combustion Cal/ G (BTU/ Lb.) f FCl43 e& w) f& 207 &m$ ' FwsO~ 2~

Ash O t h e r Specify Organism and Mathod:

BOD5 BOO, Ultimate TOG G C Bioassay Other OTHER Bioaccumulation Persistence Degradation Products \ Recyclability Burnability


[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Rules and Regulations]
[Pages 21701-21703]
[FR Doc No: 2019-10032]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0283]
RIN 1625-AA00

Safety Zone; Fireworks Displays, Little Egg Harbor, Beach Haven,
NJ

AGENCY: Coast Guard, DHS.

ACTION: Interim final rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on a
portion of Little Egg Harbor in Beach Haven, NJ. This action is
necessary to protect the surrounding public and vessels on these
navigable waters during a series of fireworks displays on the following
dates: May 18, May 25, June 1, June 7, July 20, July 27, August 10,
September 1, October 5, and October 12, 2019. This regulation prohibits
persons and vessels from entering, transiting, or remaining within the
safety zone unless authorized by the Captain of the Port Delaware Bay
or a designated representative.

DATES:
    Effective date: This rule is effective from 8:30 p.m. on May 18,
2019, through 9:30 p.m. on October 12, 2019.
    Comment date: Comments and related material must be received by the
Coast Guard on or before June 14, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0283 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
    You may submit comments identified by docket number USCG-2019-0283
using the Federal eRulemaking Portal at http://www.regulations.gov. See
the ``Public Participation and Request for Comments'' portion for
further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Thomas Welker, U.S. Coast Guard, Sector
Delaware Bay, Waterways Management Division; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest to do so. There is insufficient time to allow for a
reasonable comment period prior to the date of the first events. The
rule must be in force by May 18, 2019. We are taking immediate action
to ensure the safety of spectators and the general public from hazards
associated with the fireworks displays. Hazards include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to mitigate the potential safety
hazards associated with a fireworks displays in this location.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Delaware Bay
(COTP) has determined that potential hazards associated with the
fireworks displays on the dates listed above will be a safety concern
for anyone within a 100 yard radius of the fireworks barge, which will
be anchored in approximate position 39[deg]34'09.32'' N,
074[deg]14'31.67'' W. This rule is needed to protect persons, vessels
and the public within the safety zone during the fireworks displays.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on the waters of
Little Egg Harbor in Beach Haven, NJ, during a series of fireworks
displays from a barge. The events are scheduled to take place at
approximately 8:30 p.m. on May 18, May 25, June 1, June 7, July 20,
July 27, August 10, September 1, October 5, 2019, and October 12, 2019.
The safety zone will extend 100 yards around the barge, which will be
anchored at approximate position 39[deg]34'09.32'' N,
074[deg]14'31.67'' W. No person or vessel will be permitted to enter,
transit through, anchor in, or remain within the safety zone without
obtaining permission from the COTP Delaware Bay or a designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone is granted by the COTP Delaware Bay or
a designated representative, all persons and vessels

receiving such authorization must comply with the instructions of the
COTP Delaware Bay or a designated representative. The Coast Guard will
provide public notice of the safety zone by Broadcast Notice to
Mariners and by on-scene actual notice from designated representatives.
The regulatory text we are proposing appears at the end of this
document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    The impact of this rule is not significant for the following
reasons: (1) Vessel traffic will be able to safely transit around this
safety zone which would impact a small designated area of Little Egg
Harbor, including the navigational channel, for 1 hour during the
evening when vessel traffic is normally; (2) persons and vessels will
still be able to enter, transit through, anchor in, or remain within
the regulated area if authorized by the COTP Delaware Bay or a
designated representative; and (3) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Broadcast Notice to Mariners, or by on-scene actual notice from
designated representatives.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within a limited area on
the navigable water on a portion of Little Egg Harbor in Beach Haven,
NJ, during a series of 10 fireworks displays lasting approximately one
hour each. This rule is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A preliminary Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape this rulemaking. If you submit a
comment, please include the docket number for this rulemaking, indicate
the specific section of this document to which each comment applies,
and provide a reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this interim final rule as being available
in the docket, and all public comments, will be in our online docket at
http://www.regulations.gov and can be viewed by following that
website's instructions. Additionally, if you go to the online docket
and sign up for email alerts, you will be notified when comments are
posted.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0283 to read as follows:

Sec.  165.T05-0283  Fireworks Displays, Little Egg Harbor, Beach Haven,
NJ.

    (a) Location. The following area is a safety zone: All waters of
the Little Egg Harbor near Beach Haven, NJ, within 100 yards of a barge
anchored in approximate position 39[deg]34'09.32'' N,
074[deg]14'31.67'' W. All coordinates are based on Datum NAD 1983.
    (b) Definitions As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard petty
officer, warrant or commissioned officer on board a Coast Guard vessel
or on board a federal, state, or local law enforcement vessel assisting
the Captain of the Port (COTP), Delaware Bay in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, contact the
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (3) No vessel may take on bunkers or conduct lightering operations
within the safety zone during its enforcement period(s).
    (4) This section applies to all vessels except those engaged in law
enforcement, aids to navigation servicing, and emergency response
operations.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
    (e) Enforcement period. This zone will be enforced from 8:30 p.m.
through 9:30 p.m. on May 18, May 25, June 1, June 7, July 20, July 27,
August 10, September 1, October 5, and October 12, 2019.
    (f) Effective period. This zone is effective May 18, 2019, through
October 12, 2019.

    Dated: May 10, 2019.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2019-10032 Filed 5-14-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Notices]
[Pages 35762-35763]
[FR Doc No: 2016-13153]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2005-0062; FRL-9027-3]

Proposed Information Collection Request Submitted to OMB for
Review and Approval; Comment Request; Procedures for Implementing the
National Environmental Policy Act and Assessing the Environmental
Effects Abroad of EPA Actions (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), Procedures for Implementing the
National Environmental Policy Act and Assessing the Environmental
Effects Abroad of EPA Actions (EPA ICR No. 2243.08, OMB Control No.
2020-0033) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act.. Before doing
so, EPA is soliciting public comments on specific aspects of the
proposed information collection as described below. This is a proposed
extension of the ICR, which is currently approved through October 31,
2016. An Agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.

DATES: Comments must be submitted on or before Tuesday, August 2, 2016.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OECA-
2005-0062 online using www.regulations.gov (our preferred method), by
email to<EMAIL_ADDRESS>or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Jessica Trice, Office of Federal
Activities, Mail Code 2252A, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202)
564-6646; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: The National Environmental Policy Act of 1969 (NEPA), 42
U.S.C. 4321-4347 establishes a national policy for the environment. The
Council on Environmental Quality (CEQ) oversees the NEPA
implementation. CEQ's Regulations at 40 CFR parts 1500 through 1508 set
the standard for NEPA compliance. They also require agencies to
establish their own NEPA implementing procedures. EPA's procedures for
implementing NEPA are found in 40 CFR part 6. Through this part, EPA
adopted the CEQ Regulations and supplemented those regulations for
actions by EPA that are subject to NEPA requirements. EPA actions
subject to NEPA include the award of wastewater treatment construction
grants under Title II of the Clean Water Act, EPA's issuance of new
source National Pollutant Discharge Elimination System (NPDES) permits
under section 402 of

the Clean Water Act, certain research and development projects,
development and issuance of regulations, EPA actions involving
renovations or new construction of facilities, and certain grants
awarded for projects authorized by Congress through the Agency's annual
Appropriations Act. EPA is collecting information from certain
applicants as part of the process of complying with either NEPA or
Executive Order 12114 (``Environmental Effects Abroad of Major Federal
Actions''). EPA's NEPA regulations apply to the actions of EPA that are
subject to NEPA in order to ensure that environmental information is
available to the Agency's decision-makers and the public before
decisions are made and before actions are taken. When EPA conducts an
environmental assessment pursuant to its Executive Order 12114
procedures, the Agency generally follows its NEPA procedures.
Compliance with the procedures is the responsibility of EPA's
Responsible Officials, and for applicant proposed actions applicants
may be required to provide environmental information to EPA as part of
the environmental review process. For this Information Collection
Request (ICR), applicant-proposed projects subject to either NEPA or
Executive Order 12114 (and that are not addressed in other EPA
programs' ICRs) are addressed through the NEPA process.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are certain grant or permit applicants who must submit
environmental information documentation to EPA for their projects to
comply with NEPA or Executive Order 12114, including Wastewater
Treatment Construction Grants Program facilities, State and Tribal
Assistance Grant recipients and new source National Pollutant Discharge
Elimination System permittees.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 312 (total).
    Frequency of response: On occasion.
    Total estimated burden: 37,525 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $3,607,085 (per year), includes $8,452
annualized capital or operation & maintenance costs.
    Changes in Estimates: The above estimates are based on information
and data available through the current ICR supporting documentation.
However, it is anticipated that there will be slight decrease in hours
in the total estimated respondent burden compared with the ICR
currently approved by OMB. This slight decrease is due to changes in
the number of respondents and their associated EPA actions eligible for
categorical exclusions which results in a reduction in total hours and
burden.

    Dated: Tuesday, May 31, 2016.
Karin Leff,
Acting Director, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2016-13153 Filed 6-2-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Notices]
[Pages 26775-26776]
[FR Doc No: 2013-10886]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0073; FRL-9530-6]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Distribution of Offsite Consequence Analysis
Information Under the Clean Air Act (CAA) (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), Distribution of Offsite
Consequence Analysis Information under Section 112(r)(7)(H) of the
Clean Air Act (CAA) (Renewal) (EPA ICR No. 1981.05, OMB Control No.
2050-0172) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.). This is a proposed extension of the ICR, which is currently
approved through June 30, 2013. Public comments were previously
requested via the Federal Register (78 FR 2992) on January 15, 2013
during a 60-day comment period. This notice allows for an additional 30
days for public comments. A fuller description of the ICR is given
below, including its estimated burden and cost to the public. An Agency
may not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before June 7, 2013.

ADDRESSES: Submit your comments, referencing Docket ID Number, EPA-HQ-
OAR-2003-0073 to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency
Management, Mail Code 5104A, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202)
564-8019; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The Clean Air Act (CAA) section 112(r)(7) required EPA to
promulgate reasonable regulations and appropriate guidance to provide
for the prevention and detection of accidental releases and for
responses to such releases. The regulations include requirements for
submittal of a risk management plan (RMP) to EPA. The RMP includes
information on offsite consequence analyses (OCA) as well as other
elements of the risk management program.
    The Chemical Safety Information, Site Security, and Fuels
Regulatory Relief Act (CSISSFRRA) required the President to promulgate
regulations on the distribution of OCA information (CAA section
112(r)(7)(H)(ii)). The state and local agencies who decide to obtain
OCA information must send a written request on their official
letterhead to EPA certifying that they are covered persons under Public
Law 106-40, and that they will use the information for official use
only. EPA will then provide OCA data to those agencies as requested.
The rule authorizes and encourages state and local agencies to set up
reading rooms. The local reading rooms provide read-only access to OCA
information for all the sources in the Local Emergency Planning
Committee's (LEPC) jurisdiction and for any source where the vulnerable
zone extends into the LEPC's jurisdiction.
    Form Numbers: None.
    Respondents/affected entities: States, local agencies and members
of the public.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 865.
    Frequency of response: Annual, On Occasion.
    Total estimated burden: 1,515 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $48,919 per year, includes $65 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is a decrease of 7,815 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. There has been a decrease in the number of people
visiting the reading rooms to obtain OCA data, therefore decreasing the
burden on respondents to provide the data.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2013-10886 Filed 5-7-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 16, 2008 (Volume 73, Number 180)]
[Notices]
[Page 53419]
[DOCID:fr16se08-41]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

September 11, 2008.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP08-445-001.
    Applicants: Dauphin Island Gathering Partners.
    Description: Revised Cash Out Refund Report.
    Filed Date: 09/11/2008.
    Accession Number: 20080911-5033.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 23, 2008.

    Docket Numbers: RP08-458-001.
    Applicants: Ozark Gas Transmission, L.L.C.
    Description: Ozark Gas Transmission, LLC submits Second Revised
Sheet 1 et al. to modify their FERC Gas Tariff relating to Use of Off-
System Storage Services Compliance Filing.
    Filed Date: 09/05/2008.
    Accession Number: 20080908-0184.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 17, 2008.

    Docket Numbers: CP07-44-006, CP07-45-005.
    Applicants: Southeast Supply Header, LLC.
    Description: Southeast Supply Header, LLC., submits Substitute
Original Sheet No. 200 to its FERC Gas Tariff, Original Volume No. 1,
to be effective September 1, 2008.
    Filed Date: 08/27/2008.
    Accession Number: 20080828-0202.
    Comment Date: 5 p.m. Eastern Time on Friday, September 19, 2008.

    Docket Numbers: CP08-31-002.
    Applicants: Transcontinental Gas Pipe Line Corporation.
    Description: Transcontinental Gas Pipe Line Corporation submits an
application to amend the certificate for the Sentinel Expansion
Project.
    Filed Date: 09/11/08.
    Accession Number: 20080911-5035.
    Comment Date: 5 p.m. Eastern Time Friday, September 19, 2008.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-21621 Filed 9-15-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Proposed Rules]
[Pages 67396-67397]
[FR Doc No: 2011-28247]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0382; FRL-9477-3]

Revisions to the California State Implementation Plan, Placer
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to the Placer County Air
Pollution Control District (PCAPCD) and Sacramento Metro Air Quality
Management District (SMAQMD) portions of the California State
Implementation Plan (SIP). These revisions concern oxides of nitrogen
(NOX) emissions from industrial, institutional and
commercial boilers, stationary internal combustion engines and water
heaters. We are proposing to approve local rules to regulate these
emission sources under the Clean Air Act as amended in 1990 (CAA or the
Act).

DATES: Any comments on this proposal must arrive by December 1, 2011.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0382, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or email. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send email directly to EPA, your email address will be
automatically captured and included as part of the public comment. 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: Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed at http://www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Idalia P[eacute]rez, EPA Region IX,
(415) 972-3248<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rules: Rule 231, Industrial, Institutional and Commercial Boiler, Steam
Generator and Process Heaters, Rule 242, Stationary Internal Combustion
Engines, Rule 246, Natural Gas-Fired Water Heaters, and Rule 414, Water
Heaters, Boilers and Process Heaters Rated Less Than 1,000,000 BTU per
hour. In the Rules and Regulations section of this Federal Register, we
are approving these local rules in a direct final action without prior
proposal because we believe these SIP revisions

are not controversial. If we receive adverse comments, however, we will
publish a timely withdrawal of the direct final rule and address the
comments in subsequent action based on this proposed rule. Please note
that if we receive adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, we may adopt as final those provisions of the
rule that are not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: September 28, 2011.
Keith Takata,
Acting Regional Administrator, Region IX.
[FR Doc. 2011-28247 Filed 10-31-11; 8:45 am]
BILLING CODE 6560-50-P


  SEQ CHAPTER \h \r 1 SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

(in accordance with 40 CFR Part 51 - App. V)

   SIP Submitted by:  Commonwealth of Pennsylvania

     Date Submitted:  September 25, 2006

            Subject:  Reasonably Available Control Technology (RACT) for
Philadelphia County

Completeness Review Base File Number:  PA229

				S/S

Completed by:             Christopher Cripps, 3AP21

     Date Completed:   March 26, 2007

Administrative Materials

        SEQ CHAPTER \h \r 1 ACCEPTABLE

  SEQ CHAPTER \h \r 1 EPA REQUIREMENT	STATE SUBMITTAL 	(X)

1. A formal letter of submittal from the Governor or his designee,
requesting EPA approval of the plan or revision thereof.	1.  .   Letter
from Kathleen A. McGinty, Secretary of the Pennsylvania Department of
Environmental protection dated September 25, 2006.	 X

2. Evidence that the State has adopted the plan in the State code or
body of regulations; or issued the permit, order, consent agreement in
final form.  That evidence shall include the date of adoption or final
issuance as well as the effective date of the plan, if different from
the adoption/issuance date.	2.  Not a regulatory change.  The submittal
is a certification that the Pennsylvania RACT regulations meet RACT for
the 8-hour ozone NAAQS.  The certification is effective September 2006.
X

3. Evidence that the State has the necessary legal authority under State
law to adopt and implement the plan.	3.  State has legal authority to
adopt this RACT certification under Section 5 of the Air Pollution
Control Act.  Philadelphia AMS has the authority to adopt and develop
the certification under Philadelphia Air management Code §3-301 of the
Philadelphia Code and 25 Pennsylvania Code, Subpart C, Article III.	 X

4. A copy of actual regulation, or document submitted for approval and
incorporation by reference into the plan, including indication of the
changes made to the existing approved plan, where applicable.  The
submittal shall be a copy of the official State regulation/document
signed, stamped, dated by the appropriate State official indicating that
it is fully enforceable by the State.  The effective date of the
regulation/document shall, whenever possible, be indicated in the
document itself.	4.  The submittal is a certification that the
Pennsylvania RACT regulations meet RACT for the 8-hour ozone NAAQS.  The
certification is effective September 2006.	X

5. Evidence that the State followed all of the procedural requirements
of the State's laws and constitution in conducting and completing the
adoption/issuance of the plan.	5.  Letter from Kathleen A. McGinty,
Secretary of the Pennsylvania Department of Environmental protection
dated September 25, 2006.  Copy of public hearing notices.	 X

6. Evidence that public notice was given of the proposed change
consistent with procedures approved by EPA, including the date of
publication of such notice.	6.  Copy of notice printed in the July 31st
and August 1st and 2nd  2006 editions of The Philadelphia Daily News..
 X

7. Certification that public hearings were held in accordance with the
information provided in the public notice and the State's laws and
constitution, if applicable.	7. Letter from Kathleen A. McGinty,
Secretary of the Pennsylvania Department of Environmental protection
dated September 25, 2006.  	 X

8. Compilation of public comments and the State's response thereto.	8.
 No comments were received.

  SEQ CHAPTER \h \r 1 Technical Materials

  SEQ CHAPTER \h \r 1 EPA REQUIREMENT	STATE SUBMITTAL 	(X)

  SEQ CHAPTER \h \r 1 1. Identification of all regulated pollutants
affected by the plan.	1.  Section 2 of the certification identifies that
VOC and NOx RACT rules are the subject of the certification.	  X

2. Identification of the locations of affected sources including the EPA
attainment/nonattainment designation of the locations and the status of
the attainment plan for the affected area(s).	2.  The certification
covers all the sources in the Philadelphia County portion of the
Philadelphia-Wilmington-Atlantic City 8-hour ozone nonattainment area..

  X

3. Quantification of the changes in plan allowable emissions from the
affected sources; estimates of changes in current actual emissions from
affected sources or, where appropriate, quantification of changes in
actual emissions from affected sources through calculations of the
differences between certain baseline levels and allowable emissions
anticipated as a result of the revision.	3.  Revision certifies existing
RACT rules in the SIP.  No change in emissions is expected.	 X

4. The State's demonstration that the national ambient air quality
standards, prevention of significant deterioration increments,
reasonable further progress demonstration, and visibility, as
applicable, are protected if the plan is approved and implemented. 	4.
Not required (N/R) for RACT.  RACT is setting emission limits based upon
technological & economic feasibility considerations.	X

5. Modeling information required to support the proposed revision,
including input data, output data, models used,  ambient monitoring data
used, meteorological data used, justification for use of offsite data
(where used), modes of models used, assumptions, and other information
relevant to the determination of adequacy of the modeling analysis.	5.
Not required for RACT.  RACT is setting emission limits based upon
technological & economic feasibility considerations.	X

6. Evidence, where necessary, that emission limitations are based on
continuous emission reduction technology.	6.  Air Management Regulations
(AMRs) ) codified at 40 CFR 52.2020(3): AMR V §II, AMR III., AMR V.
§IV.; AMR V. §V., AMR V. §VI.; AMR V. § VII., AMR V. §VIII.; AMR V.
§X., AMR V. § XI.; AMR V. §XII., AMR V. §XIII.; Pennsylvania
regulations codified at 40 CFR 52.2020(c)(1): 25 Pa Code §§129.51,
129.52, 129.55, 129.56, 129.57, 129.58, 129.59, 129.60, 129.61, 129.62,
129.63, 129.64, 129.65, 129.67, 129.68, 129.69, 129.71, 129.72, 129.73,
129.75, 129.101-107; and the source specific RACT determinations
codified at 40 CFR 52.2020(d)(1) (Philadelphia County Facilities).	X

7. Evidence that the plan contains emission limitations, work practice
standards and recordkeeping/reporting requirements, where necessary, to
ensure emission levels.	7.  Revision certifies existing RACT rules in
the SIP.  See, for example, Air Management Regulations (AMRs) codified
at 40 CFR 52.2020(3) such as AMR V §II, AMR III., AMR V. §IV.; AMR V.
§V., AMR V. §VI.; AMR V. § VII., AMR V. §VIII.; AMR V. §X., AMR V.
§ XI.; AMR V. §XII., AMR V. §XIII.; Pennsylvania regulations codified
at 40 CFR 52.2020(c)(1): 25 Pa Code §§129.51, 129.52, 129.55, 129.56,
129.57, 129.58, 129.59, 129.60, 129.61, 129.62, 129.63, 129.64, 129.65,
129.67, 129.68, 129.69, 129.71, 129.72, 129.73, 129.75, 129.101-107; and
the source specific RACT determinations codified at 40 CFR 52.2020(d)(1)
(Philadelphia County Facilities).	X

8. Compliance/enforcement strategies, including how compliance will be
determined in practice.	8.  Ditto	X

9. Special economic and technological justifications required by any
applicable EPA policies. (If a policy is not appropriate, explain why.)
9.  Not applicable (N/A).	X

10. A Section 107 request must be accompanied by a maintenance plan
demonstrating maintenance to the relevant NAAQS for at least 10 years
after redesignation.	10.  Not a section 107 request.	X


[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62851-62853]
[FR Doc No: 2021-24619]

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

[Release No. 34-93532; File No. SR-NSCC-2021-010]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Order Instituting Proceedings To Determine Whether To
Approve or Disapprove a Proposed Rule Change To Establish the
Securities Financing Transaction Clearing Service and Make Other
Changes

November 5, 2021.

I. Introduction

    On July 22, 2021, National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission'') proposed rule change SR-NSCC-2021-010 (``Proposed Rule
Change'') pursuant to Section 19(b)(1) of the Securities Exchange Act
of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The Proposed Rule
Change was published for comment in the Federal Register on August 12,
2021.\3\ The Commission has received comment letters on the Proposed
Rule Change.\4\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 92570 (August 5, 2021),
86 FR 44482 (August 12, 2021) (SR-NSCC-2021-010) (``Notice''). NSCC
also filed the proposal contained in the Proposed Rule Change as
advance notice SR-NSCC-2021-803 (``Advance Notice'') with the
Commission pursuant to Section 806(e)(1) of the Dodd-Frank Wall
Street Reform and Consumer Protection Act entitled the Payment,
Clearing, and Settlement Supervision Act of 2010 (``Clearing
Supervision Act''). 12 U.S.C. 5465(e)(1); 17 CFR 240.19b-4(n)(1)(i).
Notice of filing of the Advance Notice was published for comment in
the Federal Register on August 12, 2021. Securities Exchange Act
Release No. 92568 (August 5, 2021), 86 FR 44530 (August 12, 2021)
(SR-NSCC-2021-803). The proposal contained in the Proposed Rule
Change and the Advance Notice shall not take effect until all
regulatory actions required with respect to the proposal are
completed.
    \4\ Comment letters are available at https://www.sec.gov/comments/sr-nscc-2021-010/srnscc2021-010.htm.
---------------------------------------------------------------------------

    On September 2, 2021, pursuant to Section 19(b)(2) of the Act,\5\
the Commission designated a longer period within which to approve,
disapprove, or institute proceedings to determine whether to approve or
disapprove the Proposed Rule Change.\6\ This order institutes
proceedings, pursuant to Section 19(b)(2)(B) of the Act,\7\ to
determine whether to approve or disapprove the Proposed Rule Change.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
    \6\ Securities Exchange Act Release No. 92860 (September 2,
2021), 86 FR 50569 (September 9, 2021) (SR-NSCC-2021-010).
    \7\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

II. Summary of the Proposed Rule Change

    As described in the Notice,\8\ NSCC proposes to (i) establish the
securities financing transaction clearing service (``SFT Clearing
Service'') to make central clearing available at NSCC for equity
securities financing transactions, which are, broadly speaking,
transactions where the parties exchange equity securities against cash
and simultaneously agree to exchange the same securities and cash, plus
or minus a rate payment, on a future date (collectively, ``SFTs''),
(ii) establish new membership categories and requirements for
sponsoring members and sponsored members whereby existing Members would
be permitted to sponsor certain institutional firms into membership,
(iii) establish a new membership category and requirements for agent
clearing members whereby existing Members would be permitted to submit,
on behalf of their customers, transactions to NSCC for novation, and
(iv) make other amendments and clarifications to the Rules, as
described in greater detail below.
---------------------------------------------------------------------------

    \8\ The description of the Proposed Rule Change is based on the
statements prepared by NSCC in the Notice. See Notice, supra note 3.
Capitalized terms used herein and not otherwise defined herein are
defined in NSCC's Rules & Procedures, available at www.dtcc.com/~/
media/Files/Downloads/legal/rules/nscc_rules.pdf, and the Notice.
---------------------------------------------------------------------------

(i) Key Parameters of the Proposed SFT Clearing Service

    NSCC proposes central clearing for SFTs with a one business day
term in eligible equity securities that are entered into by Members,
Sponsored Members that are sponsored into NSCC by Sponsoring Members
(as described below), or Agent Clearing Members on behalf of Customers
(as described below). NSCC will maintain eligibility criteria for the
securities that may underlie an SFT that NSCC will accept for novation.
NSCC would, as an initial matter, provide the proposed SFT Clearing
Service for only those SFTs where the underlying securities are CNS-
eligible equity securities that have a per share price of $5 or more,
although NSCC may modify eligible equity at a later date.
    The final settlement obligations of each SFT, other than a
Sponsored Member transaction, that is novated to NSCC would settle
receive-versus-payment/delivery-versus-payment at The Depository Trust
Company (``DTC''). SFT deliver orders would be processed in accordance
with DTC's

rules and procedures, including provisions relating to risk controls.
DTC would accept delivery instructions for an SFT from NSCC, as agent
for DTC participants that are SFT Members.\9\
---------------------------------------------------------------------------

    \9\ On July 22, 2021, DTC submitted a proposed rule change to
provide DTC participants that are also NSCC Members with settlement
services in connection with NSCC's proposed SFT Clearing Service.
See Securities Exchange Act Release No. 92572 (August 5, 2021), 86
FR 44077 (August 11, 2021) (SR-DTC-2021-014).
---------------------------------------------------------------------------

    A securities lender would have the right to submit a recall notice
to NSCC in respect of a novated SFT for which Final Settlement
obligations have not yet been satisfied. If a securities borrower does
not return the lent securities by the recall date specified in such
notice, the securities lender would be eligible to buy-in, in
accordance with such timeframes and deadlines as established by NSCC
for such purpose, such securities. Buy-in would allow a securities
lender to purchase securities equivalent to the borrowed securities in
the market and charge a securities borrower for the cost of this
purchase. Similarly, a securities borrower would have the right to
accelerate the scheduled final settlement of a novated SFT and return
the borrowed securities earlier than the scheduled final settlement and
settle the transaction.
    SFT activity would be risk managed by NSCC in a manner consistent
with Members' CNS positions but would be margined independently of the
Member's CNS positions. NSCC would collect margin (referred to as the
Required SFT Deposit) for all SFT activities, subject to a $250,000
minimum deposit. NSCC would also require an additional premium for non-
returned SFTs. In addition, NSCC would require that (i) a minimum of
40% of an SFT Member's margin for SFT consist of a combination of cash
and certain treasury securities, and (ii) the lesser of $5,000,000 or
10% of an SFT Member's margin for SFT (but not less than $250,000)
consist of cash. NSCC would also have the discretion to raise the
minimum cash deposit required.
    In a case of an SFT Member default, NSCC would be able to delay its
satisfaction of final settlement obligations to non-defaulting SFT
Members beyond the normal settlement cycle for the purchase or sale of
securities to the extent NSCC determines that taking market action to
close-out some or all of the defaulted SFT Member's novated SFT
Positions would create a disorderly market in the relevant SFT
Securities. In such a situation, non-defaulting SFT Members would not
be able to effect a recall or an associated buy-in or accelerate the
delayed final settlement obligations. During any such delay, NSCC would
continue paying to and receiving from non-defaulting SFT Members the
payment for the change in market value of the securities with respect
to their novated SFTs.

(ii) Sponsoring Members and Sponsored Members

    NSCC would establish a sponsored membership program to allow
Members to serve as the pre-novation counterparty and credit
intermediary for their institutional firm clients in clearing. Under
the proposal, all Members would be eligible to apply to become
Sponsoring Members in NSCC, subject to specified credit criteria. A
Member whose application to become a Sponsoring Member has been
approved would be permitted to sponsor their institutional firm clients
into membership as Sponsored Members. Such Sponsoring Members would
then be able to facilitate their institutional firm clients' cleared
activity, and such transactions would be eligible for novation to NSCC.
    A Sponsoring Member would be responsible for (i) submitting data on
its Sponsored Members' SFTs to NSCC or appointing a third-party
approved SFT submitter to do so, (ii) posting to NSCC margins
associated with the SFT activity of its Sponsored Members, (iii)
providing an unconditional guaranty to NSCC for its Sponsored Members'
final settlement and other obligations to NSCC, and (iv) covering any
default loss allocable to its Sponsored Members.

(iii) Agent Clearing Members and Customers

    NSCC would establish an agent clearing membership designed to allow
Members to serve as agent and credit intermediary for their
institutional firm clients in clearing. Under the proposal, a Member
that becomes an Agent Clearing Member would be permitted to submit SFTs
executed by it as agent on behalf of its institutional firm clients as
Customers. All Members would be eligible to apply to become Agent
Clearing Members in NSCC subject to specified credit criteria and an
activity limit. An Agent Clearing Member would be responsible for
posting to NSCC margins associated with the activity of its Customers
and covering any default loss allocable to its Customers; however,
unlike a Sponsoring Member, an Agent Clearing Member would not be
required to provide an unconditional guaranty to NSCC for its
Customers' obligations.

III. Proceedings To Determine Whether To Approve or Disapprove the
Proposed Rule Change and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \10\ to determine whether the Proposed Rule
Change should be approved or disapproved. Institution of proceedings is
appropriate at this time in view of the legal and policy issues raised
by the Proposed Rule Change. Institution of proceedings does not
indicate that the Commission has reached any conclusions with respect
to any of the issues involved. Rather, the Commission seeks and
encourages interested persons to comment on the Proposed Rule Change,
providing the Commission with arguments to support the Commission's
analysis as to whether to approve or disapprove the Proposed Rule
Change.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\11\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of, and input from commenters with respect to, the Proposed
Rule Change's consistency with Section 17A of the Act,\12\ and the
rules thereunder, including the following provisions:
---------------------------------------------------------------------------

    \11\ Id.
    \12\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

     Section 17A(b)(3)(F) of the Act,\13\ which requires, among
other things, that the rules of a clearing agency must be designed to
assure the safeguarding of securities and funds which are in the
custody or control of the clearing agency or for which it is
responsible and to protect investors and the public interest; and
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

     Rule 17Ad-22(e)(7)(i) under the Act,\14\ which requires a
covered clearing agency establish, implement, maintain and enforce
written policies and procedures reasonably designed to effectively
measure, monitor, and manage the liquidity risk that arises in or is
borne by the covered clearing agency, including measuring, monitoring,
and managing its settlement and funding flows on an ongoing and timely
basis, and its use of intraday liquidity by, at a minimum, maintaining
sufficient liquid resources at the minimum in all relevant currencies
to effect same-day and, where appropriate, intraday and multiday
settlement of payment obligations with a high degree of confidence
under a wide range of foreseeable stress scenarios that

includes, but is not limited to, the default of the participant family
that would generate the largest aggregate payment obligation for the
covered clearing agency in extreme but plausible market conditions.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.17Ad-22(e)(7)(i).
---------------------------------------------------------------------------

     Rule 17Ad-22(e)(8) under the Act,\15\ which requires a
covered clearing agency establish, implement, maintain and enforce
written policies and procedures reasonably designed to define the point
at which settlement is final to be no later than the end of the day on
which the payment or obligation is due and, where necessary or
appropriate, intraday or in real time.
---------------------------------------------------------------------------

    \15\ 17 CFR 240.17Ad-22(e)(8).
---------------------------------------------------------------------------

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the Proposed Rule Change. In particular, the Commission invites
the written views of interested persons concerning whether the Proposed
Rule Change is consistent with Section 17A(b)(3)(F) of the Act,\16\
Rule 17Ad-22(e)(7)(i) and (e)(8) under the Act,\17\ or any other
provision of the Act, or the rules and regulations thereunder. Although
there do not appear to be any issues relevant to approval or
disapproval that would be facilitated by an oral presentation of views,
data, and arguments, the Commission will consider, pursuant to Rule
19b-4(g) under the Act,\18\ any request for an opportunity to make an
oral presentation.\19\
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    \16\ 15 U.S.C. 78q-1(b)(3)(F).
    \17\ 17 CFR 240.17Ad-22(e)(7)(i) and (e)(8).
    \18\ 17 CFR 240.19b-4(g).
    \19\ Section 19(b)(2) of the Act grants to the Commission
flexibility to determine what type of proceeding--either oral or
notice and opportunity for written comments--is appropriate for
consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the Proposed Rule Change should be approved
or disapproved by December 3, 2021. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
December 17, 2021.
    The Commission asks that commenters address the sufficiency of
NSCC's statements in support of the Proposed Rule Change, which are set
forth in the Notice,\20\ in addition to any other comments they may
wish to submit about the Proposed Rule Change.
---------------------------------------------------------------------------

    \20\ See Notice, supra note 3.
---------------------------------------------------------------------------

    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NSCC-2021-010 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSCC-2021-010. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the Proposed Rule Change that are filed with
the Commission, and all written communications relating to the Proposed
Rule Change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of NSCC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx). All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NSCC-2021-010 and should be submitted on
or before December 3, 2021. Rebuttal comments should be submitted by
December 17, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2021-24619 Filed 11-10-21; 8:45 am]
BILLING CODE 8011-01-P