[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Rules and Regulations]
[Page 17047-17050]
[DOCID:fr05ap10-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 67

[Docket No. FAA-2009-0773

Special Issuance of Airman Medical Certificates to Applicants
Being Treated With Certain Antidepressant Medications

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Policy statement; request for comment.

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SUMMARY: This policy statement is intended to serve as notice that the
Federal Aviation Administration (FAA) will consider for a special-
issuance medical certificate applicants for first-, second-, and third-
class airman medical certification who are being treated for depression
with one of four antidepressant medications. The FAA will evaluate
affected applicants on a case-by-case basis and will issue certificates
based on a medical finding that an individual's use of such medication
will not endanger public safety.

DATES: This policy goes into effect April 5, 2010. Comments must be
submitted on or before May 5, 2010.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0773 using any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-
140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the electronic form of all comments received into any of
our dockets, including the name of the individual sending the comment
(or signing the comment for an association, business, labor union,
etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78) or you
may visit http://DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time and follow the online
instructions for accessing the docket, or, the Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Judi Citrenbaum, Federal Air Surgeon's
Office, Office of Aerospace Medicine, Federal Aviation Administration,
800 Independence Avenue, SW., Washington, DC 20591; telephone (202)
267-9689; facsimile<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Availability of the Policy Statement: You can get an electronic
copy of this document using the Internet by--
    1. Searching the Federal eRulemaking Portal (http://
www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://
www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://
www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identify the docket number.

Background

    Under Title 14 of the Code of Federal Regulations (14 CFR)
67.107(c), 67.207(c), and 67.307(c) and 67.113(c), 67.213(c) and 67.313
(c), the FAA generally considers a diagnosis of depression and use of
psychotropic medication medically disqualifying for applicants for FAA
medical certification. Disqualifying medication generally includes all
sedatives, tranquilizers, antipsychotics, antidepressants (including
selective serotonin reuptake inhibitors (SSRIs)), analeptics,
anxiolytics, and hallucinogens. Aviation Medical Examiners (AMEs) defer
medical certificate issuance for any applicant with a disqualifying
medical condition, including any applicant who reveals on a medical
certificate application usage of psychotropic medication for treatment
of depression.
    Under 14 CFR 67.401 the Federal Air Surgeon may, at his discretion,
authorize special issuance of airman medical certificates to applicants
who are disqualified under the certification standards set forth in
subparts B, C, or D of part 67. The FAA, however, has long considered
the use of a psychotropic medication for treatment of depression as a
basis to deny a special-issuance medical certificate. Current FAA
special-issuance practice has been to consider applicants who had taken
psychotropic medication only if they had discontinued it for at least 3
months prior to application. Upon careful review and reconsideration,
the FAA is modifying its long-standing, special-issuance practice. The
FAA has determined that aviators diagnosed with depression taking one
of four specific

SSRIs may be considered for special issuance of an airman medical
certificate. Affected applicants will continue to be considered on a
case-by-case basis and in keeping with the conditions and limitations
announced in this policy statement.
    As reported in the Federal Air Surgeon's Medical Bulletin, Vol. 42,
No. 3, 2004-3 (article entitled ``Depression and Use of SSRIs in
Pilots''), since developed in the 1980s, SSRIs have been used
successfully to treat many psychiatric disorders and medical
conditions. Because SSRIs have been more effective and better tolerated
(fewer side effects) than previous antidepressant medications, they
soon became the most frequently prescribed medications for depression.
Five of the top 40 medications prescribed in the United States are
SSRIs and their usage is increasing.
    Some civil aviation authorities have adopted more flexible policies
to consider some applicants using SSRIs. Similarly, the International
Civil Aviation Organization (ICAO), the aerospace medical community,
and the aviation community at large have made recommendations that
suggest more flexibility may be appropriate in some cases. These
policies and recommendations may be summarized as follows:
     Aerospace Medical Association: In 2004, published a
position paper recommending that the FAA allow usage of SSRIs.
     Aircraft Owners and Pilots Association: In 2006, proposed
a change to policy and offered a protocol for allowing use of certain
SSRIs in pilots.
     Air Line Pilots Association Aeromedical Office: In 2002,
proposed a policy for granting Special-Issuance Medical Certificates
for selected SSRIs and with ongoing medical monitoring.
     Civil Aviation Safety Authority of Australia: In 1987,
allowed use of certain SSRIs. A 10-year follow-up study (1993-2004) of
481 pilots showed no increase in accidents.
     ICAO: In 2009, adopted a Recommended Practice that advises
that signatory States may certificate applicants on a case-by-case
basis who are prescribed (and are taking) an approved SSRI
antidepressant medication for an established diagnosis of depression
which is in remission.
     Transport Canada: In 2004, allowed (with no adverse affect
on safety) six pilots holding first-class certificates and serving in
multi-crew settings selected use of only three specific medications.
     U.S. Army: In 2005, offered a waiver for use of SSRIs in
selected pilots.
    In keeping with these recommendations and policies, broadening the
current special-issuance policy on the use of psychotropic medication
to allow certain antidepressants will provide the FAA latitude, on a
case-by-case basis, to grant special-issuance medical certificates to
applicants determined to be fit for flight. For the FAA, concern
regarding applicants who may be reluctant to disclose or who may be
masking a struggle with depression remains a safety concern that this
policy will serve to address.

Policies and Recommendations the FAA Considered

    In 2004, the Aerospace Medical Association (AsMA) [see the docketed
copy of the article in the journal Aviation, Space, and Environmental
Medicine entitled ``Aeromedical Regulation of Aviators Using Selective
Serotonin Reuptake Inhibitors for Depressive Disorders'' (Vol 75, No.
5)] proposed that aeromedical certifying authorities remove the current
absolute prohibition against pilots flying while taking SSRIs and adopt
aeromedical protocols that include carefully controlled followup and
review. According to AsMA: ``Protocols designed to aggressively manage
the full spectrum of adverse possibilities related to SSRI use may
enable the safe use of SSRIs in formerly depressed aviators who suffer
no aeromedically significant side effects. In these closely managed
cases of depressive disorders, special issuances or waivers for SSRI
use are justified.''
    In 2006, the Aircraft Owners and Pilots Association requested the
FAA to reconsider its longstanding policy that disallows use of all
antidepressant medication. In its request, AOPA states that the FAA
should consider those pilots who have a ``demonstrated history of
continued stability and show no adverse symptoms while using
psychotropic medications, specifically SSRIs for a special issuance of
a third-class medical certificate.''
    AOPA indicates that the Civil Aviation Safety Authority of
Australia (CASA) has allowed medical certification of aviators using
antidepressants since 1989. ``Although CASA's policy was not formalized
until 2001, the compiled data of 481 cases did yield evidence
suggesting that the use of antidepressants in carefully screened and
well-monitored airmen can safely be undertaken without compromising
aviation safety. A smaller study conducted by Transport Canada among
military aviators reached a similar conclusion. The results of the
Australian and Canadian experience and the conclusion of aviation
medical experts clearly favor the use of SSRIs under controlled
conditions. Because of these encouraging results, AOPA believes that
this is an opportune time for the FAA to change its policy regarding
the use of certain SSRIs.''
    An August 2007 research article published in the journal Aviation,
Space, and Environmental Medicine (Vol. 78, No. 8) entitled
``Antidepressant Use and Safety in Civil Aviation: A Case-Control Study
of 10 Years of Australian Data'' followed the impact of SSRI usage on
aviation safety. (A copy of this article is placed in the docket.)
    According to the article, the aim of the study was ``to identify
significant safety-related outcomes, such as aircraft accidents or
incidents that may be related to the use of antidepressant medication
in pilots and air traffic controllers.'' The study employed a matched
cohort of all holders of Australian aviation medical certificates who
were prescribed antidepressants during the period January 1, 1993 to
June 30, 2004, and a matched comparison group. No significant
differences between the two groups were found in any of the analyses.
Provided specific criteria were met and maintained, no evidence of
adverse safety outcomes was found arising from permitting individuals
to operate as commercial or private aircrew or air traffic controllers
while using antidepressants.
    In November 2009, the International Civil Aviation Authority (ICAO)
adopted a Recommended Practice that advises that signatory States may
certificate applicants on a case-by-case basis who are prescribed (and
are taking) an approved SSRI antidepressant medication for an
established diagnosis of depression which is in remission. The
recommendation reads as follows:

    <IP_ADDRESS>.1, <IP_ADDRESS>.1, <IP_ADDRESS>.1 Recommendation.--An applicant
with depression, being treated with antidepressant medication,
should be assessed as unfit unless the medical assessor, having
access to the details of the case concerned, considers the
applicant's condition as unlikely to interfere with the safe
exercise of the applicant's license and rating privileges.

    In guidelines provided for assessment of applicants treated with
antidepressant medication in its Manual of Civil Aviation Medicine (Doc
8984), ICAO indicates: ``Some of these [antidepressant] medications are
sedating and some are not, thus offering a therapeutic choice in
treating depressed patients who show psychomotor agitation or
retardation. Fewer side effects generally result in

improved aeromedical safety. However, successful treatment of
depression is a dynamic and complex process involving more than just
writing a prescription, and the SSRIs can have some aeromedically
significant side effects and withdrawal effects that are of little
importance in ordinary clinical practice. Aeromedical policies that
place an absolute prohibition on operating after a diagnosis of
depression may also make it less likely that an aviator or air traffic
controller will seek treatment or declare their illness to the
licensing authority.''

Forthcoming Notice Related to This Action

    FAA studies have shown that certain antidepressants (SSRIs) were
found in 61 pilot fatalities of civil aviation accidents that occurred
during 1990-2001. (See copies of DOT/FAA/AM-07/19 and DOT/FAA/AM-03/7
placed in this docket.) In conducting these studies, researchers from
the FAA Civil Aerospace Medical Institute retrieved medical information
on 59 of the 61 pilots from the FAA Medical Certification Database and
accident cause/factor information from the National Transportation
Safety Board's Aviation Accident Database. (Information on two pilots
was not available because one had no medical certificate and one held
Canadian certification). Psychological conditions and/or the use of
drugs were determined to be the cause or a factor in 19 (31%) of the 61
accidents. Study findings indicated that SSRIs were used by the
aviators but were not reported in their aeromedical examinations. The
FAA remains concerned that individuals seen in the study did not
disclose a medical history of depression, a related medical condition,
or SSRI usage.
    According to a May 2004 report published in the journal Aviation,
Space, and Environmental Medicine (Vol 75, No. 5) entitled
``Aeromedical Regulation of Aviators Using Selective Serotonin Reuptake
Inhibitors for Depressive Disorders,'' pilots would rather risk not
taking prescribed antidepressant medication than be grounded. The
report (placed in the docket) refers to information about the use of
SSRIs available from the Aviation Medicine Advisory Service (AMAS) of
Aurora, Colorado which provides consultation to various aviation
organizations such as pilot unions and aerospace medicine specialists.
This database includes information on approximately 68,000 pilots
working at approximately 55 air carriers. According to the report:

    AMAS reviewed its database of telephone inquiries from pilots
between 1992 and 1997. It had received 1,200 telephone inquiries
from pilots who had been diagnosed as having clinical depressions,
and who had been advised by their physicians to take antidepressant
medications. Under the current FAA policy, these pilots would spend
about 9 mo (sic) off flying status. These pilots had called AMAS to
discuss the aeromedical implications of their situations.
    When advised of the FAA's policy, that each would be grounded
until the depression had cleared and the medication had been
discontinued for approximately 3 mo (sic), the pilots indicated
their intended responses to the prospect of not flying for 9 mo
(sic) or more. Of the 1,200 pilots, some 59% (710) told the AMAS
that they would refuse the medication and continue to fly. About 15%
(180) indicated an intention to take the medications and continue
their flight duties without informing the FAA. The remaining 25%
(300) said they would take sick leave, undergo the recommended
treatment, and return to work when aeromedically cleared to do so.

    Scenarios involving individuals who might risk flying while taking
an antidepressant without medical oversight, or flying without taking
an antidepressant when they need to be, are unacceptable. Without
condoning what we regard as a serious violation of FAA regulations and
a serious breach of the trust on which the aeromedical certification
system depends, we want to encourage pilots who are suffering from
depression or who are using antidepressants to report this information
honestly. We want individuals to be forthcoming about depression and
antidepressant usage. We plan, therefore, to announce in a separate
Federal Register notice a one-time, limited opportunity to reveal
previously undisclosed depression and use of antidepressant medications
without being subject to FAA enforcement action. Our intent is to
enhance safety by having those individuals suffering from depression
and using antidepressants do so with appropriate aeromedical oversight.

Policy Statement

    After careful consideration, the FAA has determined that selected
individuals who are being treated for depression with one of four
specific antidepressant medications may be considered for special
issuance of a medical certificate. Individuals granted a special-
issuance medical certificate under this policy may take only one type
of antidepressant medication limited to the following four medications:
Fluoxetine (Prozac), Sertraline (Zoloft), Citalopram (Celexa), or
Escitalopram (Lexapro). All these medications are SSRIs,
antidepressants that help restore the balance of serotonin, a naturally
occurring chemical substance found in the brain.
    The FAA is limiting consideration of special-issuance medical
certificates to these four medications. Increasingly accepted and
prevalently used, these four antidepressants may be used safely in
appropriate cases with proper oversight and have fewer side effects
than previous generations of antidepressants. While the focus of this
policy statement is on individuals being treated for depression, the
FAA realizes that these four medications may be used to treat
conditions other than depression. It should be noted, therefore, that,
in all instances, the FAA will continue to consider applicants and make
determinations on a case-by-case basis under the special-issuance
process just as it always has.
    In addition to treating psychiatrists, AMEs who have specialized
training under a program called the Human Intervention and Motivation
Study (HIMS) also will assist the FAA by making recommendations about
certification cases to be considered under this new policy. The HIMS
program is a safety-critical aviation program established nearly 40
years ago. The program, developed specifically for commercial pilots,
was designed as an alcohol and drug assistance program to coordinate
the identification, assessment, treatment, and medical certification of
pilots in need of help. Under HIMS, pilots who successfully meet
rigorous FAA protocols may be returned to duty in accordance with 14
CFR 67.401. The FAA will apply the basic HIMS evaluation and monitoring
approach to this new policy and HIMS AMEs will participate in a
specialized training program tailored to evaluating and monitoring
applicants who wish to be considered under this new policy.
    No regulatory changes are being made under this policy. Further,
the FAA continues to believe that applicants requiring use of multiple
antidepressant medications or use of any other psychotropic medication
in conjunction with any one of the four specified in this policy will
not meet the criteria set forth under this policy. The use of
psychotropic medication continues to be disqualifying under the medical
standards and special-issuance certification will be granted only after
thorough analysis of each individual case presented and only when
appropriate conditions and limitations are in place so that the
applicant may safely be permitted to operate an aircraft. It should be
noted that as new information becomes available and recommendations
from the medical

community change it may be necessary for the FAA to again revise its
policy.
    The FAA special-issuance policy will include consideration for
depression treated with certain antidepressant medication under the
guidance set forth as follows:

 Consideration for Special Issuance of a Medical Certificate With Regard
                  to Depression Treated With Medication
------------------------------------------------------------------------

------------------------------------------------------------------------
This protocol applies to considerations for special-issuance medical
 certification for airmen requesting first-, second-, and third-class
 special-issuance medical certificates, for the exercise of privilege
 under 14 CFR parts 121, 135, or 91, who are being treated with certain
 antidepressant medications.
------------------------------------------------------------------------
                        Criteria To Be Considered
------------------------------------------------------------------------
               Diagnoses                       Required Reports and
Mild to moderate depressive disorders,             Consultations
 such as:                                (Initial Consideration)
                                         1. A consultation status report
 1. Major Depressive Disorder (mild to    (and follow-up reports as
 moderate) either single episode or       required) from a treating
 recurrent episode                        psychiatrist attesting to and
 2. Dysthymic Disorder                    describing the applicant's
 3. Adjustment disorder with depressed    diagnosis, length and course
 mood                                     of treatment, dosage of the
Pharmacologic Agents Considered           antidepressant medication
(Single-Agent Use Only)                   taken, and presence of any
1. Fluoxetine (Prozac);                   side effects from the
2. Sertraline (Zoloft);                   antidepressant the applicant
3. Citalopram (Celexa); or                takes or has taken in the
4. Escitalopram (Lexapro)                 past;
Specifically Unacceptable Diagnoses and  2. A written statement prepared
 or Symptoms                              by the applicant describing
1. Psychosis                              his or her history of
2. Suicidal ideation                      antidepressant usage and
3. History of electro convulsive          mental health status;
 therapy (ECT)                           3. A report of the results of
4. Treatment with multiple                neurocognitive psychological
 antidepressant medications               tests with provision of the
 concurrently                             raw test data, including, but
5. History of multi-agent drug protocol   not limited to: COGSCREEN AE,
 use (prior use of other psychiatric      Trails A/B; Stroop Test; CCPT,
 drugs in conjunction with                PASSAT, Wisconsin Card Sorting
 antidepressant medications)              Test;
Psychiatric Status                       4. An evaluation and a written
1. All symptoms of the psychiatric        report from a HIMS-trained AME
 condition for which treatment is         who has reviewed items 1., 2.,
 indicated must be ameliorated by the     and 3. above and who makes a
 single medication and the condition      recommendation for a special-
 must be stable with no change in or      issuance medical certificate;
 exacerbation of symptoms for 12 months   and
 prior to certification;                 5. Any additional information
2. Airman must be on a stable dosage of   the Federal Air Surgeon may
 medication for a minimum of 12 months    require to make a
 prior to certification; and              determination.
3. Airman must have no aeromedically
 significant side effects of prescribed
 medication.
------------------------------------------------------------------------

    Issued in Washington, DC on March 26, 2010.
Frederick E. Tilton,
Federal Air Surgeon.
[FR Doc. 2010-7527 Filed 4-2-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 175 (Monday, September 10, 2012)]
[Notices]
[Pages 55470-55472]
[FR Doc No: 2012-22206]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9725-8; EPA-HQ-OAR-2003-0039]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Reporting and Recordkeeping Requirements of the HCFC
Allowance System; EPA ICR No. 2014.04

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), the U.S. Environmental Protection Agency (EPA) is
planning to submit a request to renew an existing approved Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
This ICR will expire on 02/28/2013. Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before November 9, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0039 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Docket  EPA-HQ-OAR-2003-0039, Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC
20460.
     Hand Delivery: Docket  EPA-HQ-OAR-2003-0039, Air
and Radiation Docket and Information Center at EPA West, 1301
Constitution Avenue NW., Room 3334, Washington, DC 20460. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0039. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public 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. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Robert Burchard, Stratospheric
Protection Division, Office of Atmospheric Programs, 6205J,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 343-2338; email address<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2003-0039, which is available for online viewing at
www.regulations.gov, or in person at the Air and Radiation Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The EPA/DC Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Air and Radiation Docket is 202-566-
1742.
    Use www.regulations.gov to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing
the contents of the docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the docket ID number identified in this
document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits 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., electronic submission of
responses. In particular, EPA is requesting comments from very small
businesses (those that employ less than 25) on examples of specific
additional efforts that EPA could make to reduce the paperwork burden
for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What information collection activity or ICR does this apply to?

    Docket ID No.: EPA-HQ-OAR-2003-0039.
    Affected entities: Entities potentially affected by this action are
producers, importers, exporters, transformers, and destroyers of HCFCs.
    Title: Reporting and Recordkeeping Requirements of the HCFC
Allowance System ICR numbers: EPA ICR No. 2014.04, OMB Control No.
2060-0498.
    ICR status: This ICR will expire on 02/28/2013. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information, unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations in title
40 of the CFR, after appearing in the Federal Register when approved,
are listed in 40 CFR part 9, are displayed either by publication in the
Federal Register or by other appropriate means, such as on the related
collection instrument or form, if applicable. The display of OMB
control numbers in certain EPA regulations is consolidated in 40 CFR
part 9.
    Abstract: The international treaty The Montreal Protocol on
Substances that Deplete the Ozone Layer (Protocol) and Title VI of the
Clean Air Act Amendments (CAAA) established limits on total U.S.
production, import, and export of class I and class II controlled ozone
depleting substances (referred to hereinafter as ``controlled
substances'').
    Under its Protocol commitments, the United States was obligated to
cease production and import of class I controlled substances (e.g.,
chlorofluorocarbons or CFCs) with exemptions for essential uses,
critical uses, previously-used material, and material that is
transformed, destroyed, or exported to developing countries. The
Protocol also establishes limits and reduction schedules leading to the
eventual phaseout of class II controlled substances (i.e.,
hydrochlorofluorocarbons or HCFCs).
    The U.S. is obligated to limit HCFC consumption (defined by the
Protocol as production plus imports, minus exports). The schedule
called for a 35 percent reduction on January 1, 2004, followed by a 75
percent reduction on January 1, 2010, a 90 percent reduction on January
1, 2015, a 99.5 percent reduction on January 1, 2020, and a total
phaseout on January 1, 2030. EPA is responsible for administering the
phaseout.
    To ensure U.S. compliance with these limits and restrictions, EPA
established an allowance system to control U.S. production and import
of HCFCs by granting control measures referred to as baseline and
calendar-year allowances. Baseline allowances are based on the
historical activity of individual companies. Calendar-year allowances
allow holders to produce and/or import controlled substances in a given
year and are allocated as a percentage of baseline. There are two types
of baseline and calendar-year allowances: consumption and production
allowances. Since each allowance is equal to 1 kilogram of HCFC, EPA is
able to monitor the quantity of HCFCs being produced, imported and
exported. Transfers of production and consumption allowances among
producers and importers are allowed and are tracked by EPA.
    The above-described limits and restrictions are monitored by EPA
through the recordkeeping and reporting requirements established in the
regulations in 40 CFR part 82, subpart A. To submit required
information, regulated entities can download reporting forms from EPA's
Web site (http://www.epa.gov/ozone/record), complete them, and send
them to EPA electronically, via mail, courier, or fax.
    Upon receipt of the reports, the data is entered into the ODS
Tracking System. The ODS Tracking System is a secure database that
maintains the data submitted to EPA and helps the agency: (1) Maintain
oversight over total production and consumption of controlled
substances; (2) monitor compliance with limits and restrictions on
production, imports, and trades and specific exemptions from the
phaseout for individual U.S. companies; and (3)

assess, and report on, compliance with U.S. obligations under the
Montreal Protocol.
    EPA has implemented an electronic reporting system that allows
regulated entities to prepare and submit data electronically. Coupled
with the widespread use of the standardized forms, electronic reporting
has improved data quality and made the reporting process efficient for
both reporting companies and EPA. Most reporting is done
electronically.
    Pursuant to regulations in 40 CFR part 2, subpart B, reporting
businesses are entitled to assert a business confidentiality claim
covering any part of the submitted business information as defined in
40 CFR 2.201(c). EPA's practice is to manage the reported information
as confidential business information.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 1,601
hours and $161,793. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 49.
    Frequency of response: Annually, quarterly, or as needed (depending
on the report).
    Estimated total average number of responses for each respondent: 7.
    Estimated total annual burden hours: 1,601.
    Estimated total annual costs: $161,793. This includes an estimated
burden cost of $160,428 and an estimated cost of $1,365 for capital
investment or maintenance and operational costs.

Are there changes in the estimates from the last approval?

    There is a decrease of 259 hours in the total estimated respondent
burden compared with that identified in the ICR currently approved by
OMB. This decrease reflects the expansion of the electronic reporting
program.

What is the next step in the process for this ICR?

    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 pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact Robert
Burchard at<EMAIL_ADDRESS>
    Dated: September 4, 2012.
Drusilla Hufford,
Director, Stratospheric Protection Division.
[FR Doc. 2012-22206 Filed 9-7-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Rules and Regulations]
[Pages 23112-23113]
[FR Doc No: E9-11558]

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

Coast Guard

33 CFR Part 165

[Docket No. USCG 2009-0328]

Safety Zone; Fourth of July Fireworks, City of Sausalito,
Sausalito, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the Fourth of July Fireworks,
City of Sausalito, safety zone from 9 a.m. through 9:30 p.m. on July 4,
2009, in position 37[deg]51'31'' N, 122[deg]28'28'' W. This action is
necessary to control vessel traffic and to ensure the safety of event
participants and spectators. During the enforcement period,
unauthorized persons or vessels are prohibited from entering into,
transiting through, or anchoring in the safety zone, unless authorized
by the Patrol Commander (PATCOM).

DATES: The regulations in 33 CFR 165.1191 will be enforced from 9 a.m.
through 9:30 p.m. on July 4, 2009.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail Lieutenant Junior Grade Simone Mausz, Sector San
Francisco Waterways Safety Division, U.S. Coast Guard; telephone 415-
399-7442, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    The Coast Guard will enforce the safety zone for the annual Fourth
of July Fireworks, City of Sausalito, safety zone in 33 CFR 165.1191 on
July 4, 2009, from 9 a.m. through 9:30 p.m. During the fireworks
display, scheduled to start at approximately 9:15 p.m., the fireworks
barge will be located approximately 1,000 feet off-shore from Sausalito
waterfront, North of Spinnaker Restaurant in the Richardson Bay in
position 37[deg]51'31'' N, 122[deg]28'28'' W.
    Under the provisions of 33 CFR 165.1191, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone during all applicable effective dates and
times, unless authorized to do so by the PATCOM. Additionally, each
person who receives notice of a lawful order or direction issued by an
official patrol vessel shall obey the order of direction. The PATCOM is
empowered to forbid and control the regulated area. The PATCOM shall be
designated by the Commander, Coast Guard Sector San Francisco. The
PATCOM may, upon request, allow the transit of commercial vessels
through regulated areas when it is safe to do so.
    This notice is issued under authority of 33 CFR 165.1191 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with extensive advance
notification of this enforcement period via the Local Notice to
Mariners.
    If the Captain of the Port determines that the regulated area need
not be enforced for the full duration stated in this notice, he or she
may use a Broadcast Notice to Mariners to grant general permission to
enter the regulated area.

    Dated: May 1, 2009.
P.M. Gugg,
Captain, U.S. Coast Guard, Captain of the Port, Sector San Francisco.
[FR Doc. E9-11558 Filed 5-15-09; 8:45 am]
BILLING CODE 4910-15-P


[Federal Register: March 16, 2010 (Volume 75, Number 50)]
[Notices]
[Page 12537-12540]
[DOCID:fr16mr10-50]

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FEDERAL ENERGY REGULATORY COMMISSION

Sunshine Act Meeting Notice

March 11, 2010.
    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:

Agency Holding Meeting: Federal Energy Regulatory Commission.

Date and Time: March 18, 2010, 10 a.m.

Place: Room 2C, 888 First Street, NE., Washington, DC 20426.

Status: Open.

Matters To Be Considered: Agenda, * Note--Items listed on the agenda
may be deleted without further notice.

Contact Person For More Information: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>. For a recorded message listing items struck
from or added to the meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed online at the
Commission's Web site at http://www.ferc.gov using the eLibrary link,
or may be examined in the Commission's Public Reference Room.

                            957th--Meeting; Regular Meeting, March 18, 2010, 10 a.m.
----------------------------------------------------------------------------------------------------------------
        Item No.                     Docket No.                                    Company
----------------------------------------------------------------------------------------------------------------
                                                 Administrative
----------------------------------------------------------------------------------------------------------------
A-1.....................  AD02-1-000......................  Agency Administrative Matters.
A-2.....................  AD02-7-000......................  Customer Matters, Reliability, Security and Market
                                                             Operations.
----------------------------------------------------------------------------------------------------------------
                                                    Electric
----------------------------------------------------------------------------------------------------------------
E-1.....................  RM10-17-000.....................  Demand Response Compensation in Organized Wholesale
                                                             Energy Markets.
                          EL09-68-000.....................  PJM Interconnection, L.L.C.
E-2.....................  RM06-16-009.....................  Mandatory Reliability Standards for the Bulk Power
                                                             System.
E-3.....................  RM06-16-010.....................  Mandatory Reliability Standards for the Bulk Power
                                                             System.
E-4.....................  RM06-22-008.....................  Mandatory Reliability Standards for Critical
                                                             Infrastructure Protection.
E-5.....................  RM08-13-000.....................  Transmission Relay Loadability Reliability Standard.
E-6.....................  RM09-13-000.....................  Time Error Correction Reliability Standard.
E-7.....................  RM09-15-000.....................  Version One Regional Reliability Standard for
                                                             Resource and Demand Balancing.
E-8.....................  RM09-18-000.....................  Revision to Electric Reliability Organization
                                                             Definition of Bulk Electric System.
E-9.....................  RM10-6-000......................  Interpretation of Transmission Planning Reliability
                                                             Standard.

E-10....................  RR09-6-000......................  North American Electric Reliability Corporation.
E-11....................  EL10-22-000.....................  Tres Amigas LLC.
E-12....................  ER10-396-000....................  Tres Amigas LLC.
E-13....................  EL07-39-004.....................  New York Independent System Operator, Inc.
                          EL07-39-005
                          ER08-695-003
                          ER08-695-002
E-14....................  ER09-1273-000...................  Westar Energy, Inc.
E-15....................  RM04-7-008......................  Market-Based Rates for Wholesale Sales of Electric
                                                             Energy, Capacity and Ancillary Services by Public
                                                             Utilities.
E-16....................  OMITTED
E-17....................  ER10-722-000....................  Pittsfield Generating Company, L.P. and Pawtucket
                                                             Power Associates, L.P.
E-18....................  EL00-95-238.....................  San Diego Gas & Electric Company v. Sellers of
                                                             Energy and Ancillary Services into Markets Operated
                                                             by the California Independent System Operator
                                                             Corporation and California Power Exchange
                                                             Corporation.
                          EL00-98-222.....................  Investigation of Practices of the California
                                                             Independent System Operator Corporation and the
                                                             California Power Exchange Corporation.
                          EL01-10-053.....................  Puget Sound Energy, Inc. v. Sellers of Energy and/or
                                                             Capacity.
                          IN03-10-054.....................  Investigation of Anomalous Bidding Behavior and
                                                             Practices in Western Markets.
                          PA02-2-070......................  Fact-Finding Investigation into Possible
                                                             Manipulation of Electric and Natural Gas Prices.
                          EL03-137-018....................  American Electric Power Service Corporation.
                          EL03-180-047....................  Enron Power Marketing, Inc. and Enron Energy
                                                             Services, Inc.
                          ER03-746-019....................  California Independent System Operator Corporation.
                          EL02-71-026.....................  State of California, ex rel. Bill Lockyer, Attorney
                                                             General of the State of California v. British
                                                             Columbia Power Exchange Corporation.
                          EL03-144-005....................  Cargill-Alliant, LLC.
                          EL09-56-003.....................  People of the State of California, ex rel. Edmund G.
                                                             Brown Jr., Attorney General of the State of
                                                             California, Complainant v. Powerex Corp.
E-19....................  ER09-745-001....................  Baltimore Gas and Electric Company.
E-20....................  EL00-95-239.....................  San Diego Gas & Electric Company v. Sellers of
                                                             Energy and Ancillary Services into Markets Operated
                                                             by the California Independent System Operator
                                                             Corporation and California Power Exchange
                                                             Corporation.
                          EL00-98-223.....................  Investigation of Practices of the California
                                                             Independent System Operator Corporation and the
                                                             California Power Exchange Corporation.
                          EL01-10-054.....................  Puget Sound Energy, Inc. v. Sellers of Energy and/or
                                                             Capacity.
                          IN03-10-055.....................  Investigation of Anomalous Bidding Behavior and
                                                             Practices in Western Markets.
                          PA02-2-071......................  Fact-Finding Investigation into Possible
                                                             Manipulation of Electric and Natural Gas Prices.
                          EL03-137-019....................  American Electric Power Service Corporation.
                          EL03-180-048....................  Enron Power Marketing, Inc. and Enron Energy
                                                             Services, Inc.
                          ER03-746-020....................  California Independent System Operator Corporation.
                          EL03-157-008....................  Los Angeles Department of Water and Power.
E-21....................  EL00-95-237.....................  San Diego Gas & Electric Company v. Sellers of
                                                             Energy and Ancillary Services into Markets Operated
                                                             by the California Independent System Operator
                                                             Corporation and California Power Exchange
                                                             Corporation.
                          EL00-98-221.....................  Investigation of Practices of the California
                                                             Independent System Operator Corporation and the
                                                             California Power Exchange Corporation.
                          EL01-10-052.....................  Puget Sound Energy, Inc. v. Sellers of Energy and/or
                                                             Capacity.
                          IN03-10-057.....................  Investigation of Anomalous Bidding Behavior and
                                                             Practices in Western Markets.
                          PA02-2-069......................  Fact-Finding Investigation into Possible
                                                             Manipulation of Electric and Natural Gas Prices.
                          EL03-137-017....................  American Electric Power Service Corporation.
                          EL03-180-046....................  Enron Power Marketing, Inc. and Enron Energy
                                                             Services, Inc.
                          ER03-746-018....................  California Independent System Operator Corporation.
                          EL02-71-025.....................  State of California, ex rel. Bill Lockyer.
                          EL03-198-007....................  PECO ENERGY Company.
                          ER05-167-004....................  California Power Exchange Corporation.
                          ER07-861-002....................  California Power Exchange Corporation.
E-22....................  EL00-95-240.....................  San Diego Gas & Electric Company v. Sellers of
                                                             Energy and Ancillary Services into Markets Operated
                                                             by the California Independent System Operator
                                                             Corporation and California Power Exchange
                                                             Corporation.
                          EL00-98-224.....................  Investigation of Practices of California Independent
                                                             System Operator Corporation & California Power
                                                             Exchange Corporation.
                          EL01-10-055.....................  Puget Sound Energy, Inc. v. Sellers of Energy and/or
                                                             Capacity in the Pacific Northwest.
                          IN03-10-056.....................  Investigation of Anomalous Bidding Behavior and
                                                             Practices in the Western Markets.
                          PA02-2-072......................  Fact-Finding Investigation into Possible
                                                             Manipulation of Electric and Natural Gas Prices.
                          ER03-746-021....................  California Independent System Operator Corporation.
                          EL02-71-027.....................  State of California, ex rel. Bill Lockyer, Attorney
                                                             General of the State of California v. British
                                                             Columbia Power Exchange Corporation.

                          EL09-56-004.....................  People of the State of California, ex rel. Edmund G.
                                                             Brown Jr., Attorney General of the State of
                                                             California, Complainant v. Powerex Corp.
E-23....................  RD10-3-000......................  North American Electric Reliability Corporation.
E-24....................  RM06-22-011.....................  Mandatory Reliability Standards for Critical
                                                             Infrastructure Protection.
E-25....................  QM10-3-000......................  New York State Electric & Gas Corporation and
                                                             Rochester Gas and Electric Corporation.
E-26....................  OA10-4-000......................  Evergreen Wind Power V, LLC.
                                                            Evergreen Wind Power III, LLC.
                                                            Stetson Wind II, LLC.
                                                            Champlain Wind, LLC.
                                                            Evergreen Gen Lead, LLC.
                                                            Canandaigua Power Partners, LLC.
                                                            Canandaigua Power Partners II, LLC.
                          ER09-1549-000...................  First Wind Energy Marketing, LLC.
E-27....................  ER02-2001-014...................  Electric Quarterly Reports.
                          ER07-514-000....................  G&G Energy, Inc.
                          ER07-177-000....................  NCSU Energy, Inc.
                          ER98-4333-000...................  Primary Power Marketing L.L.C.
                          ER05-1020-000...................  WASP Energy, LLC.
E-28....................  ER09-1546-001...................  ISO New England Inc. and New England Power Pool.
E-29....................  OMITTED
E-30....................  OMITTED
E-31....................  RM09-23-000.....................  Revisions to Form, Procedures, and Criteria for
                                                             Certification of Qualifying Facility Status for a
                                                             Small Power Production or Cogeneration Facility.
E-32....................  EL09-71-000.....................  Resale Power Group of Iowa and WPPI Energy.
E-33....................  ER08-413-002....................  Startrans IO, L.L.C.
----------------------------------------------------------------------------------------------------------------
                                                 Multi-Industry
----------------------------------------------------------------------------------------------------------------
M-1.....................  PL10-4-000......................  Policy Statement on Penalty Guidelines.
----------------------------------------------------------------------------------------------------------------
                                                       Gas
----------------------------------------------------------------------------------------------------------------
G-1.....................  RM96-1-030......................  Standards for Business Practices for Interstate.
                          RM96-1-036......................   Natural Gas Pipelines.
G-2.....................  RP99-480-026....................  Texas Eastern Transmission, LP.
                          RP99-480-027
                          RP09-143-001
                          RP09-143-002
G-3.....................  RP10-30-000.....................  Texas Eastern Transmission, LP.
G-4.....................  OMITTED
G-5.....................  RP09-995-001....................  Sea Robin Pipeline Company, LLC.
----------------------------------------------------------------------------------------------------------------
                                                      Hydro
----------------------------------------------------------------------------------------------------------------
H-1.....................  P-13366-001.....................  City of Angoon, Alaska.
                          P-13364-001.....................  Petersburg Municipal Power and Light.
                          P-13363-001.....................  City and Borough of Wrangell, Alaska.
                          P-12619-003.....................  Cascade Creek, LLC.
H-2.....................  P-382-076.......................  Southern California Edison Company.
----------------------------------------------------------------------------------------------------------------
                                                  Certificates
----------------------------------------------------------------------------------------------------------------
C-1.....................  CP09-36-002.....................  Southern Natural Gas Company.
                          CP09-40-001.....................  Southeast Supply Header, LLC and Southern Natural
                                                             Gas Company.
                          AD10-3-000......................  Accrual of Allowance for Funds Used During
                                                             Construction.
C-2.....................  CP09-17-001.....................  Florida Gas Transmission Company, LLC.
                          AC08-161-002
                          AD10-3-000......................  Accrual of Allowance for Funds Used During
                                                             Constrution.
C-3.....................  CP10-4-000......................  Gulfstream Natural Gas System, L.L.C.
C-4.....................  RM05-1-002......................  Regulations Governing the Conduct of Open Seasons
                                                             for Alaska Natural Gas Transmission Projects.
----------------------------------------------------------------------------------------------------------------

Kimberly D. Bose,
Secretary.
    A free webcast of this event is available through http://
www.ferc.gov. Anyone with Internet access who desires to view this
event can do so by navigating to http://www.ferc.gov's Calendar of
Events and locating this event in the Calendar. The event will contain
a link to its webcast. The Capitol Connection provides technical
support for the free webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or contact
Danelle Springer or David Reininger at<PHONE_NUMBER>.

    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters but will not be telecast through the Capitol
Connection service.
[FR Doc. 2010-5774 Filed 3-12-10; 11:15 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3677-3678]
[FR Doc No: 2020-00957]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-34-000]

Notice of Request Under Blanket Authorization; Columbia Gas
Transmission, LLC

    Take notice that on January 6, 2020, Columbia Gas Transmission, LLC
(Columbia), 700 Louisiana Street, Houston, Texas 77002-2700, filed in
the above referenced docket a prior notice request pursuant to sections
157.205, 157.208, and 157.216 of the Commission's regulations under the
Natural Gas Act (NGA) and its blanket certificate issued in Docket No.
CP83-76-000 for authorization to perform installations and
modifications enabling the in-line inspection of its 20-inch-diameter
Line D located in Licking, Knox, Morrow, and Crawford Counties, Ohio.
Specifically, Columbia proposes to: (i) Install, replace, or remove
valves, pipe, and other appurtenant facilities at six locations; and
(ii) install bidirectional launcher/receiver devices and appurtenant
facilities at two locations. Columbia estimates the cost of the project
to be approximately $13.0 million, all as more fully set forth in the
request which is on file with the Commission and open to public
inspection.
    The filing is available for review at the Commission in the Public
Reference Room or may be viewed on the Commission's website web at
http://www.ferc.gov using the eLibrary link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions regarding this application should be directed to
Sorana Linder, Director, Modernization & Certificates, Columbia Gas
Transmission, LLC, 700 Louisiana

Street, Suite 700, Houston, Texas 77002-2700, by telephone at (832)
320-5209, or by email at<EMAIL_ADDRESS>    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commenters will not be required to serve
copies of filed documents on all other parties. However, the non-party
commenters will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically should
submit an original and 3 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE, Washington,
DC 20426.

    Dated: January 15, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-00957 Filed 1-21-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Proposed Rules]
[Pages 39097-39098]
[FR Doc No: 2017-17234]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0382; FRL-9966-30-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Revisions To Implement the Revocation of the 1997 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
the state implementation plan (SIP) revision submitted by the
Commonwealth of Virginia which includes revised provisions of the State
Air Pollution Control Board's Regulations for the Control and Abatement
of Air Pollution

to be consistent with EPA's final rule revoking the 1997 ozone NAAQS
and implementing the 2008 ozone national ambient air quality standards
(NAAQS). See 80 FR 12264 (March 6, 2015). In the Final Rules section of
this Federal Register, EPA is approving the State's SIP submittal as a
direct final rule without prior proposal because the Agency views this
as a noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action,
no further activity is contemplated. If EPA receives adverse comments,
the direct final rule will be withdrawn and all public comments
received will be addressed in a subsequent final rule based on this
proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time.

DATES: Comments must be received in writing by September 18, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0382 at http://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, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. 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: Sara Calcinore,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication. 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.

    Dated: August 3, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-17234 Filed 8-16-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24976-24979]
[FR Doc No: 2021-09781]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91754; File No. SR-IEX-2021-08]

Self-Regulatory Organizations: Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Allow
Discretionary Limit Orders To Be Reserve Orders

May 4, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 23, 2021, the Investors Exchange LLC (``IEX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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

    Pursuant to the provisions of Section 19(b)(1) under the Act,\3\
and Rule 19b-4 thereunder,\4\ IEX is filing with the Commission a
proposed rule change to allow Discretionary Limit orders to be reserve
orders. The Exchange has designated this rule change as ``non-
controversial'' under Section 19(b)(3)(A) of the Act \5\ and provided
the Commission with the notice required by Rule 19b-4(f)(6)
thereunder.\6\
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    \3\ 15 U.S.C. 78s(b)(1).
    \4\ 17 CFR 240.19b-4.
    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4.
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    The text of the proposed rule change is available at the Exchange's
website at www.iextrading.com, at the principal office of the Exchange,
and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule filing is to amend IEX Rule
11.190 to allow a Discretionary Limit \7\ (``D-Limit'') order to be a
reserve order.\8\ As proposed, a D-Limit reserve order will essentially
function like any other reserve order, i.e., on entry, it will be
processed as a single order, and if not fully executed, the D-Limit
reserve order will post to the Order Book \9\ and effectively be
treated by the System \10\ as two discrete orders: The displayed
portion of the order will be a displayed D-Limit order, and the reserve
portion will be a non-displayed D-Limit order. However, consistent with
existing D-Limit functionality, there are two differences between D-
Limit reserve orders and other reserve orders: (1) Both the displayed
and non-displayed portions of a D-Limit reserve order may be subject to
an automatic price adjustment during periods of quote instability; (2)
D-Limit reserve orders can only execute during the Regular Market
Session.\11\ IEX also proposes to make some conforming edits to the
subparagraph headers in the D-Limit order definition to align the rule
text with other order definitions.
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    \7\ See IEX Rule 11.190(b)(7).
    \8\ See IEX Rule 11.190(b)(2).
    \9\ See IEX Rule 1.160(p).
    \10\ See IEX Rule 1.160(nn).
    \11\ See IEX Rule 1.160(gg).
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Background
    Since the approval of its exchange application, IEX, like other
equities exchanges,\12\ has offered Members \13\ a ``reserve'' order
type, which allows

Members to submit a partially displayed limit order,\14\ so that a
portion of the order is displayed (``display quantity'') and a portion
of the order is non-displayed (``reserve quantity'').\15\ As set forth
in IEX Rule 11.190(b)(2), when Members submit a reserve order, they
must specify the display quantity (which must be equal to or greater
than one round lot). Upon entry, the System attempts to execute a
reserve order as a single order of its full, unexecuted size. If an
incoming reserve order is not fully executed, it posts to the Order
Book where it is effectively treated as two discrete orders: the
display quantity (``displayed portion'') and the reserve quantity
(``non-displayed portion''). For the purposes of pricing reserve orders
on the Order Book, displayed portions are treated as displayed orders
and non-displayed portions are treated as non-displayed orders. As
described in IEX Rule 11.190(h), it is possible for the non-displayed
portion to rest at a different price than the displayed portion,
because the displayed portion is subject to display-price sliding \16\
while the non-displayed portion is subject to the Midpoint Price
Constraint.\17\ If the displayed portion of the reserve order is
decremented such that less than one round lot would be displayed, the
displayed portion of the reserve order shall be refreshed for either
(i) the original displayed quantity, or (ii) the entire reserve
quantity, if the total number of unexecuted shares in the order is
smaller than the original Member instructed displayed quantity. Each
time the displayed portion of the order is refreshed from the reserve
quantity, that portion is prioritized behind other existing displayed
orders; the priority of the non-displayed portion, however, is
unchanged by the refresh process.
---------------------------------------------------------------------------

    \12\ See, e.g., Cboe BZX Exchange, Inc. Rule 11.9(c)(1); MEMX,
LLC Rule 11.8(b)(4); The Nasdaq Stock Market LLC Rule 4703(h); and
New York Stock Exchange LLC Rule 7.31(d)(1).
    \13\ See IEX Rule 1.160(s).
    \14\ See IEX Rule 11.190(a)(1).
    \15\ See IEX Rule 11.190(b)(2).
    \16\ See IEX Rule 11.190(h)(1).
    \17\ See IEX Rule 11.190(h)(2).
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    IEX recently introduced a new type of limit order, the D-Limit
order,\18\ which is designed to protect liquidity providers from
potential adverse selection by latency arbitrage trading strategies in
a fair and nondiscriminatory manner.\19\ A D-Limit order may be a
displayed or non-displayed limit order that upon entry and when posting
to the Order Book is priced to be equal to and ranked at the order's
limit price, but will be adjusted to a less-aggressive price during
periods of quote instability, as defined in IEX Rule 11.190(g).\20\
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    \18\ See Securities Exchange Act Release No. 89686 (August 26,
2020), 85 FR 54438 (September 1, 2020) (SR-IEX-2019-15) (``D-Limit
Approval Order'').
    \19\ See Securities Exchange Act Release No. 87814 (December 20,
2019), 84 FR 71997, 71998 (December 30, 2019) (SR-IEX-2019-15) (``D-
Limit Proposal'').
    \20\ See IEX Rules 11.190(b)(7) and 11.190(g).
---------------------------------------------------------------------------

    Specifically, if the System receives a D-Limit buy (sell) order
during a period of quote instability (i.e., the Crumbling Quote
Indicator or ``CQI'' is on), and the D-Limit order has a limit price
equal to or higher (lower) than the quote instability determination
price level (``CQI Price''), the price of the order will be
automatically adjusted by the System to one (1) MPV \21\ lower (higher)
than the CQI Price (the ``effective limit price''). Similarly, when
unexecuted shares of a D-Limit buy (sell) order are posted to the Order
Book, if a quote instability determination is made and such shares are
ranked and displayed (in the case of a displayed order) by the System
at a price equal to or higher (lower) than the CQI Price, the price of
the order will be automatically adjusted by the System to the effective
limit price. A D-Limit order with an effective limit price will not
revert to the price at which it was previously ranked and displayed (in
the case of a displayed order). Once the price of a D-Limit order that
has been posted to the Order Book is automatically adjusted by the
System, the order will continue to be ranked and displayed (in the case
of a displayed order) at the effective limit price, unless subject to
another automatic adjustment, or if the order is subject to the price
sliding provisions of IEX Rule 11.190(h). Otherwise, a D-Limit order
operates in the same manner as either a displayed or non-displayed
limit order, as applicable.\22\
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    \21\ See IEX Rule 11.210.
    \22\ See IEX Rule 11.190(b)(7).
---------------------------------------------------------------------------

    D-Limit orders currently cannot be a reserve order.\23\ However,
IEX has received informal feedback from Members indicating that they
prefer to use reserve orders to post displayed liquidity and would like
to be able to use such functionality for D-Limit orders. Based on this
feedback, IEX proposes to enable D-Limit orders to be reserve orders,
consistent with how IEX treats any other limit orders.\24\
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    \23\ See IEX Rule 11.190(b)(7)(e)(H).
    \24\ See IEX Rule 11.190(b)(2)(A).
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Proposal
    IEX proposes to amend IEX Rules 11.190(b)(2), 11.190(b)(7), and
Supplementary Material .01 to allow D-Limit orders to be submitted as a
reserve order. D-Limit orders already may be submitted as either
displayed or non-displayed orders, and this proposal will allow Members
to submit both a displayed and non-displayed D-Limit order as a single
reserve order that allows the Member to control how much of the D-Limit
order is displayed at any given time.
    As proposed, a D-Limit reserve order will essentially function like
any other reserve order, i.e., on entry, it will be processed as a
single order, and if not fully executed, the D-Limit reserve order will
post to the Order Book and effectively be treated by the System as two
discrete orders: The displayed portion of the order will be a displayed
D-Limit order, and the reserve portion will be a non-displayed D-Limit
order. However, consistent with existing D-Limit functionality, there
are two differences between D-Limit reserve orders and other reserve
orders, as described below.
    First, D-Limit reserve orders, like all D-Limit orders, will only
be eligible to trade during the Regular Market Session, and a D-Limit
reserve order with a Time-in-Force of ``DAY'' submitted before the
opening of the Regular Market Session will be queued by the System
until the start of the Regular Market Session.\25\ Any D-Limit reserve
orders submitted after the closing of the Regular Market Session will
be rejected.\26\ This functionality differs from other reserve orders,
which may be submitted during the Pre-Market Session,\27\ the Post
Market Session,\28\ or the Regular Market Session.\29\
---------------------------------------------------------------------------

    \25\ See IEX Rule 11.190(b)(7)(E)(e)
    \26\ See Id.
    \27\ See IEX Rule 1.160(z).
    \28\ See IEX Rule 1.160(aa).
    \29\ See IEX Rule 11.190(b)(2)(F).
---------------------------------------------------------------------------

    Second, D-Limit reserve orders, as described above, may also be
subject to an effective limit price if their price is adjusted by the
System during a period of quote instability. Therefore, a D-Limit
reserve order resting on the Order Book will function like any other
reserve order except that it can never be priced above either its limit
price or its effective limit price.
    Finally, IEX proposes to make conforming changes to IEX Rule
11.190(b)(7) to conform the subparagraph numbering with other order
types described in IEX Rule 11.190(a) and (b).
    The following is a list of the specific proposed changes to IEX
Rule 11.190:

     Modify IEX Rule 11.190(b)(2)(A), which currently says
reserve orders must be limit orders to add the clarifying words
``including a Discretionary Limit order.''
     Modify IEX Rule 11.190(b)(2)(F), which describes how
reserve orders may be submitted during the Pre-Market, Regular
Market, and Post-Market sessions, to add the words ``with the
exception of Discretionary

Limit reserve orders, which may only be submitted as set forth in
IEX Rule 11.190(b)(7)(E)(v).''
     Modify the main paragraph of IEX Rule 11.190(b)(7) to
specify that D-Limit orders may also be ``partially displayed''
(i.e., reserve orders).
     Remove IEX Rule 11.190(b)(7)(e)(H), which states that
D-Limit orders may not be reserve orders.
     Re-letter and re-number the subparagraphs of the D-
Limit order definition to conform to the other order types in the
rule. Specifically:
    [cir] Re-letter IEX Rule 11.190(b)(7) subparagraphs (a)-(e) to
now be subparagraphs (A)-(E)
    [cir] Re-number the subparagraphs under IEX Rule 11.190(b)(7)(E)
\30\ from (A)-(J) to (i)-(ix).
---------------------------------------------------------------------------

    \30\ Currently IEX Rule 11.190(b)(7)(e).
---------------------------------------------------------------------------

     Modify IEX Rule 11.190(b)(7)(C)-(E) \31\ so that the
three parentheticals that say ``in the case of a displayed order''
include the words ``or the displayed portion of a reserve order.''
---------------------------------------------------------------------------

    \31\ Currently IEX Rule 11.190(b)(7)(c)-(e).
---------------------------------------------------------------------------

     Modify IEX Rule 11.190(b)(7)(E)(viii) \32\ to specify
that the displayed portions of D-Limit reserve orders, like
displayed D-Limit orders, are not eligible to be invited by the
System to Recheck as described in IEX Rule 11.230(a)(4)(D).
---------------------------------------------------------------------------

    \32\ Currently IEX Rule 11.190(b)(7)(e)(I).
---------------------------------------------------------------------------

     Modify Supplementary Material .01 to IEX Rule 11.190(b)
(``Reserve Orders'') to add the following language to the end of the
first paragraph:
    [cir] ``D-Limit reserve orders function like any other reserve
order, except they can only trade during the Regular Market Session,
and if a D-Limit reserve order has been subject to an automatic
price adjustment pursuant to paragraphs (b)(7)(C) and (D) of this
IEX Rule, both the displayed and non-displayed portions of the D-
Limit reserve order will continue to be ranked and displayed (in the
case of the displayed portion) at the adjusted price. The adjusted
price functions as an effective limit price for both the displayed
and non-displayed portions of the D-Limit reserve order if one or
both portions of the D-Limit reserve order are subsequently price
adjusted pursuant to the Price Sliding provisions of paragraph (h)
of this IEX Rule.''
Implementation
    This proposed rule change will be immediately effective upon
filing. The Exchange will provide at least ten (10) days' notice to
Members and market participants of the implementation timeline.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\33\ in general, and furthers the
objectives of Section 6(b)(5),\34\ in particular, in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, and 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. Specifically, the Exchange
believes that the proposed rule change is consistent with the
protection of investors and the public interest because it is designed
to provide more flexibility and opportunities for Members to add both
displayed and non-displayed liquidity to the Exchange. As noted in the
Purpose section, the proposed rule change is responsive to informal
feedback from Members indicating that they prefer to use reserve orders
to post displayed liquidity and would like to be able to use such
functionality for D-Limit orders. Thus, IEX believes that the proposed
rule change will attract additional liquidity to the Exchange and, to
the extent it is successful in doing so, will benefit all market
participants, thereby supporting the purposes of the Act to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and in general, to protect investors and the
public interest. The Exchange also believes that enabling the entry of
D-Limit orders that can be partially displayed, will enhance
opportunities for price discovery and increase the overall displayed
(and non-displayed) liquidity profile on the Exchange, to the benefit
of all market participants.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78f(b).
    \34\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Moreover, the proposed rule change will merely combine the
attributes of two existing order types--D-Limit orders and reserve
orders--to expand the functionality available to Members. Consequently,
the Exchange does not believe that the proposed rule change raises any
novel issues not already considered by the Commission.
    Furthermore, IEX believes it is consistent with the purposes of the
Act for D-Limit reserve orders to function like other reserve orders
except for when they can be submitted and how they behave if their
price was adjusted during a period of quote instability, because these
two differences are essential aspects of D-Limit orders. Similarly, IEX
believes that updating the reserve order description in the
Supplementary Material to IEX Rule 11.190(b) is consistent with the
protection of investors and the public interest by providing clarity to
all market participants about how D-Limit reserve orders function,
including the two ways in which their functionality differs from that
of other reserve orders. Thus, these proposed changes support the
purposes of the Act 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.
    In addition, as noted in the Purpose section, a D-Limit reserve
order is a combination of two order types the Commission has already
approved--reserve orders \35\--which are a common order type on equity
exchanges \36\--and D-Limit orders.\37\ Thus, IEX does not believe that
the proposed changes raise any new or novel material issues that have
not already been considered by the Commission in connection with
existing order types offered by IEX and other national securities
exchanges.
---------------------------------------------------------------------------

    \35\ See Securities Exchange Act Release No. 78101 (June 17,
2016), 81 FR 41142 (June 23, 2016) (File No. 10--222) (approving
IEX's exchange application, which included the reserve order type).
    \36\ See supra note 12.
    \37\ See supra note 18.
---------------------------------------------------------------------------

    Finally, the Exchange believes that the proposed non-substantive
conforming changes to IEX Rule 11.190(b)(7) are consistent with the
protection of investors and the public interest because they will have
no impact on the functionality of D-Limit orders, but rather simply
provide consistency and clarity in IEX's ``Orders and Modifiers'' rule,
thereby reducing the potential for confusion of any market
participants.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. To the contrary,
the proposal is designed to enhance IEX's competitiveness with other
markets by further enhancing IEX's reserve order and D-Limit order
types. As discussed in the Purpose section, the proposal is designed to
incentivize the entry of additional liquidity providing orders on IEX
by offering Members the flexibility of using a reserve order to control
what portion of their D-Limit orders are displayed at any time.
Further, by enabling the entry of D-Limit orders that can be partially
displayed, IEX believes this proposal will enhance opportunities for
price discovery and increase the overall displayed (and non-displayed)
liquidity profile on the

Exchange, to the benefit of all market participants.
    The Exchange also does not believe that the proposed rule change
will impose any burden on intramarket competition that is not necessary
or appropriate in furtherance of the purposes of the Act. All Members
would be eligible to use a D-Limit reserve order, and all Members would
be eligible to execute against any portion of a D-Limit reserve order.
Moreover, the proposal would provide potential benefits to all Members
to the extent that there is more liquidity available on IEX as a result
of increased use of D-Limit orders attributable to the ability to enter
such orders as reserve orders.
    Further, the proposed conforming edits to IEX Rule 11.190(b)(7) are
not designed to address any competitive issue, but rather to provide
additional clarity in IEX's rulebook.

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

    Written comments were neither solicited nor received.

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

    The Exchange has designated this rule filing as non-controversial
under Section 19(b)(3)(A) \38\ of the Act and Rule 19b-4(f)(6) \39\
thereunder. Because the proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.
---------------------------------------------------------------------------

    \38\ 15 U.S.C. 78s(b)(3)(A).
    \39\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change meets the
criteria of subparagraph (f)(6) of Rule 19b-4 \40\ because it would not
significantly affect the protection of investors or the public
interest. Rather, the proposed rule change neither significantly
affects the protection of investors or the public interest, nor does it
impose any burden on competition because it would merely combine the
attributes of two existing order types--D-Limit orders and reserve
orders--to expand the functionality available to Members, as discussed
in the Purpose section, and does not raise any new or novel material
issues that have not already been considered by the Commission in
connection with existing order types offered by IEX. Accordingly, IEX
has designated this rule filing as non-controversial under Section
19(b)(3)(A) of the Act \41\ and paragraph (f)(6) of Rule 19b-4
thereunder.\42\
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    \40\ 17 CFR 240.19b-4(f)(6).
    \41\ 15 U.S.C. 78s(b)(3)(A).
    \42\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \43\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \43\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-IEX-2021-08 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-IEX-2021-08. 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 offices of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-IEX-2021-08, and should be submitted on
or before June 1, 2021.
---------------------------------------------------------------------------

    \44\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\44\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-09781 Filed 5-7-21; 8:45 am]
BILLING CODE 8011-01-P