[Federal Register Volume 88, Number 238 (Wednesday, December 13, 2023)]
[Notices]
[Pages 86420-86425]
[FR Doc No: 2023-27271]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99114; File No. SR-CboeBZX-2023-100]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt a
Low Priced Stock Strike Price Interval Program

December 7, 2023.
    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 December 4, 2023, Cboe BZX Exchange, Inc. (``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The

Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX Options'')
proposes to adopt a Low Priced Stock Strike Price Interval Program. The
text of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 19.6. Miami International
Securities Exchange, LLC (``MIAX'') recently received approval to amend
its Rule 404 to implement a new strike interval program for stocks that
are priced less than $2.50 and have an average daily trading volume of
at least 1,000,000 shares per day for the 3 preceding calendar
months.\5\ At this time, the Exchange proposes to adopt rules
substantively identical to MIAX in proposed Rule 19.6, Interpretation
and Policy .08 and amend Rule 19.6, Interpretation and Policy .05(f) to
harmonize the table within that Rule to the proposed rule text.
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    \5\ See Securities Exchange Act Release No. 98917 (November 13,
2023), 88 FR 80361 (November 17, 2023) (SR-MIAX-2023-36) (Order
Approving a Proposed Rule Change To Amend Exchange Rule 404, Series
of Option Contracts Open for Trading).
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    Currently, Rule 19.6 describes the process and procedures for
listing and trading series of options on the Exchange. Rule 19.6
provides for a $2.50 Strike Price Program, where the Exchange may
select up to 200 option classes on individual stocks for which the
interval of strike prices will be $2.50 where the strike price is
greater than $25 but less than $50.\6\ Rule 19.6, Interpretation and
Policy .02 also provides for a $1 Strike Price Program, where the
interval between strike prices of series of options on individual
stocks may be $1.00 or greater provided the strike price is $50.00 or
less, but not less than $1.00.\7\ Additionally, Rule 19.6,
Interpretation and Policy .06 provides for a ``$0.50 Strike Program.''
The interval of strike prices of series of options on individual stocks
may be $0.50 or greater beginning at $0.50 where the strike price is
$5.50 or less, but only for options classes whose underlying security
closed at or below $5.00 in its primary market on the previous trading
day and which have national average daily volume that equals or exceeds
1,000 contracts per day as determined by The Options Clearing
Corporation (``OCC'') during the preceding three calendar months. The
listing of $0.50 strike prices is limited to options classes overlying
no more than 20 individual stocks as specifically designated by the
Exchange. The Exchange may list $0.50 strike prices on any other option
classes if those classes are specifically designated by other
securities exchanges that employ a similar $0.50 Strike Program under
their respective rules. A stock shall remain in the $0.50 Strike
Program until otherwise designated by the Exchange.\8\
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    \6\ See Rule 19.6, Interpretation and Policy .03(a).
    \7\ See Rule 19.6, Interpretation and Policy .02(a).
    \8\ See Rule 19.6, Interpretation and Policy .06.
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    The Exchange proposes to adopt a new strike interval program for
stocks that are not in the aforementioned $0.50 Strike Program (or the
Short Term Option Series Program) \9\ and that close below $2.50 and
have an average daily trading volume of at least 1,000,000 shares per
day for the three preceding calendar months. The $0.50 Strike Program
considers stocks that have a closing price at or below $5.00 whereas
the Exchange's proposal will consider stocks that have a closing price
below $2.50. Currently, there is a subset of stocks that are not
included in the $0.50 Strike Program as a result of the limitations of
that program which provides that the listing of $0.50 strike prices is
limited to option classes overlying no more than 20 individual stocks
as specifically designated by the Exchange and requires a national
average daily volume that equals or exceeds 1,000 contracts per day as
determined by OCC during the preceding three calendar months.\10\
Therefore, the Exchange is proposing to implement a new strike interval
program termed the ``Low Priced Stock Strike Price Interval Program.''
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    \9\ Rule 19.6, Interpretation and Policy .05.
    \10\ See Rule 19.6, Interpretation and Policy .06.
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    To be eligible for the inclusion in the Low Priced Stock Strike
Price Interval Program, an underlying stock must (1) close below $2.50
in its primary market on the previous trading day; and (2) have an
average daily trading volume of at least 1,000,000 shares per day for
the three preceding calendar months. The Exchange notes that there is
no limit to the number of classes that will be eligible for inclusion
in the proposed program, provided, of course, that the underlying
stocks satisfy both the price and average daily trading volume
requirements of the proposed program.
    The Exchange also proposes that after a stock is added to the Low
Priced Stock Strike Price Interval Program, the Exchange may list $0.50
strike price intervals from $0.50 up to $2.00.\11\ For the purpose of
adding strikes under the Low Priced Stock Strike Price Interval
Program, the ``price of the underlying stock'' is measured in the same
way as ``the price of the underlying security'' is measured as set
forth in Section 3(g) of the Options Listing Procedures Plan
(``OLPP''). Further, no additional series in $0.50 intervals may be
listed if the underlying stock closes at or above $2.50 in its primary
market. Additional series in $0.50 intervals may not be added until the
underlying stock again closes below $2.50.
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    \11\ While the Exchange may list new strikes on underlying
stocks that meet the eligibility requirements of the new program,
the Exchange will exercise its discretion and will not list strikes
on underlying stocks the Exchange believes are subject to imminent
delisting from their primary exchange.
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    The Exchange's proposal addresses a gap in strike coverage for low
priced stocks. The $0.50 Strike Program considers stocks that close
below $5.00 and limits the number of option classes listed to no more
than 20 individual stocks (provided that the open interest criteria is
also satisfied). Whereas, the Exchange's proposal has a narrower focus,
with respect to the underlying's stock price, and is targeted on those
stocks that close below $2.50 and does not limit the number of stocks
that may participate in the program (provided that the average daily
trading volume is also satisfied). The Exchange does not believe that
any market disruptions will be encountered with the addition of these
new strikes. The Exchange

represents that it has the necessary capacity and surveillance programs
in place to support and properly monitor trading in the proposed Low
Priced Stock Strike Price Interval Program.
    The Exchange believes that the program's average daily trading
volume requirement of 1,000,000 shares is a reasonable threshold to
ensure adequate liquidity in eligible underlying stocks as it is
substantially greater than the thresholds used for listing options on
equities, American Depository Receipts (``ADRs''), and broad-based
indexes. Specifically, underlying securities with respect to which put
or call option contracts are approved for listing and trading on the
Exchange must meet certain criteria as determined by the Exchange. One
of those requirements is that trading volume (in all markets in which
the underlying security is traded) has been at least 2,400,000 shares
in the preceding 12 months.\12\ Rule 19.3(f) provides the criteria for
listing options on ADRs if they meet certain criteria and guidelines
set forth in Rule 19.3. One of the requirements is that the average
daily trading volume for the security in the U.S. markets over the
three months preceding the selection of the ADR for options trading is
100,000 or more shares.\13\ Finally, the Exchange may trade options on
a broad-based index pursuant to Rule 19b-4(e) of the Securities
Exchange Act of 1934 (the ``Act'') provided a number of conditions are
satisfied. One of those conditions is that each component security that
accounts for at least 1% of the weight of the index has an average
daily trading volume of at least 90,000 shares during the last six-
month period.\14\
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    \12\ See Rule 19.3(b)(4).
    \13\ See Rule 19.3(f)(3)(B).
    \14\ See Rule 29.3(b)(7).
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    Additionally, the Exchange proposes to amend the table in Rule
19.6, Interpretation and Policy .05(f) to insert a new column to
harmonize the Exchange's proposal to the strike intervals for Short
Term Options Series as described in Rule 19.6, Interpretation and
Policy .05. The table in Rule 19.6, Interpretation and Policy .05(f) is
intended to limit the intervals between strikes for multiply listed
equity options within the Short Term Options Series program that have
an expiration date more than twenty-one days from the listing date.
Specifically, the table defines the applicable strike intervals for
options on underlying stocks given the closing price on the primary
market on the last day of the calendar quarter, and a corresponding
average daily volume of the total number of options contracts traded in
a given security for the applicable calendar quarter divided by the
number of trading days in the applicable calendar quarter.\15\ However,
the lowest share price column is titled ``less than $25.'' The Exchange
now proposes to insert a column titled ``Less than $2.50'' and to set
the strike interval at $0.50 for each average daily volume tier
represented in the table. Also, the Exchange proposes to amend the
heading of the column currently titled ``Less than $25,'' to ``$2.50 to
less than $25'' as a result of the adoption of the new proposed column,
``Less than $2.50.'' The Exchange believes this change will remove any
potential conflict between the strike intervals under the Short Term
Options Series Program and those described herein under the Exchange's
proposal.
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    \15\ See Securities Exchange Release Act No. 91455 (April 1,
2021), 86 FR 18099 (April 7, 2021) (SR-CboeBZX-2021-022) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Rule 19.6 (Series of Options Contracts Open for Trading) in
Connection With Limiting the Number of Strikes Listed for Short Term
Option Series Which Are Available for Quoting and Trading on the
Exchange).
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    The Exchange recognizes that its proposal will introduce new
strikes in the marketplace and further acknowledges that there has been
significant effort to curb strike proliferation. For example, the
Exchange filed a proposal focused on the removal, and prevention of the
listing, of strikes which are extraneous and do not add value to the
marketplace (the ``Strike Interval Proposal'').\16\ The Strike Interval
Proposal was intended to remove repetitive and unnecessary strike
listings across the weekly expiries. Specifically, the Strike Interval
Proposal aimed to reduce the density of strike intervals that would be
listed in the later weeks, by creating limitations for intervals
between strikes which have an expiration date more than twenty-one days
from the listing date.\17\ The Strike Interval Proposal took into
account OCC customer-cleared volume, using it as an appropriate proxy
for demand. The Strike Interval Proposal was designed to maintain
strikes where there was customer demand and eliminate strikes where
there was not demand. At the time of its proposal, the Exchange
estimated that the Strike Interval Proposal would reduce the number of
listed strikes in the options market by approximately 81,000
strikes.\18\ The Exchange proposes to amend the table to define the
strike interval at $0.50 for underlying stocks with a share price of
less than $2.50. The Exchange believes this amendment will harmonize
the Exchange's proposal with the Strike Interval Proposal described
above.
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    \16\ Id.
    \17\ Id.
    \18\ Id.
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    The Exchange recognizes that its proposal will moderately increase
the total number of option series available on the Exchange. However,
the Exchange's proposal is designed to only add strikes where there is
investor demand \19\ which will improve market quality. Under the
requirements for the Low Priced Stock Strike Price Interval Program as
described herein, the Exchange determined that as of August 9, 2023,
106 symbols met the proposed criteria. Of those symbols, the Exchange
notes that 36 were in the $1 Strike Price Interval Program with $1.00
and $2.00 strikes listed. Under the Exchange's proposal, the $0.50 and
$1.50 strikes for these symbols would be added for the current
expiration terms. The remaining 70 symbols eligible under the proposal
would have $0.50, $1.00, $1.50 and $2.00 strikes added to their current
expiration terms. Therefore, the Exchange notes that for the 106
symbols eligible for the Low Priced Stock Strike Price Interval
Program, a total of approximately 3,250 options would be added. As of
August 9, 2023, the Exchange listed 1,106,550 options, and therefore,
the additional options that would be listed under this proposal would
represent a relatively minor increase of 0.294% in the number of
options listed.
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    \19\ See proposed Rule 19.6, Interpretation and Policy .08(a),
which requires that an underlying stock must (1) close below $2.50
in its primary market on the previous trading day; and (2) have an
average daily trading volume of at least 1,000,000 shares per day
for the three preceding calendar months.
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    The Exchange does not believe that its proposal contravenes any
previous efforts to curtail unnecessary strikes. The Exchange's
proposal is targeted to only underlying stocks that close at less than
$2.50 and that also meet the average daily trading volume requirement.
Additionally, because the strike increment is $0.50 there are only a
total of four strikes that may be listed under the program ($0.50,
$1.00, $1.50, and $2.00) for an eligible underlying stock. Finally, if
an eligible underlying stock is in another program (e.g., the $0.50
Strike Program or the $1 Strike Price Interval Program) the number of
strikes that may be added is further reduced if there are pre-existing
strikes as part of another strike listing program. Therefore, the
Exchange does not believe that it will list any unnecessary or
repetitive strikes as part of its program, and that the strikes that
will be listed will improve market quality and satisfy investor demand.

    The Exchange further believes that the Options Price Reporting
Authority (``OPRA''), has the necessary systems capacity to handle any
additional messaging traffic associated with this proposed rule change.
The Exchange also believes that Members will not have a capacity issue
as a result of the proposed rule change. Finally, the Exchange believes
that the additional options will serve to increase liquidity, provide
additional trading and hedging opportunities for all market
participants, and improve market quality.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\20\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \21\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \22\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
    \22\ Id.
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    In particular, the Exchange believes its proposal promotes just and
equitable principles of trade and removes impediments to and perfects
the mechanisms of a free and open market and a national market system
as the Exchange has identified a subset of stocks that are trading
under $2.50 and do not have meaningful strikes available. For example,
on August 9, 2023, symbol SOND closed at $0.50 and had open interest of
over 44,000 contracts and an average daily trading volume in the
underlying stock of over 1,900,000 shares for the three preceding
calendar months.\23\ Currently the lowest strike listed is for $2.50,
making the lowest strike 400% away from the closing stock price.
Another symbol, CTXR, closed at $0.92 on August 9, 2023, and had open
interest of 63,000 contracts and an average daily trading volume in the
underlying stock of over 1,900,000 shares for the three preceding
calendar months.\24\ Similarly, the lowest strike listed is for $2.50,
making the lowest strike more than 170% away from the closing stock
price. Currently, such products have no at-the-money options, as well
as no in-the-money calls or out-of-the-money puts. The Exchange's
proposal will provide additional strikes in $0.50 increments from $0.50
up to $2.00 to provide more meaningful trading and hedging
opportunities for this subset of stocks. Given the increased
granularity of strikes as proposed under the Exchange's proposal out-
of-the-money puts and in-the-money calls will be created. The Exchange
believes this will allow market participants to tailor their investment
and hedging needs more effectively.
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    \23\ See Yahoo! Finance, https://finance.yahoo.com/quote/SOND/history?p=SOND (last visited August 10, 2023).
    \24\ Id.
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    The Exchange believes its proposal promotes just and equitable
principles of trade and removes impediments to and perfects the
mechanisms of a free and open market and a national market system and,
in general, protects investors and the public interest by adding
strikes that improves market quality and satisfies investor demand. The
Exchange does not believe that the number of strikes that will be added
under the program will negatively impact the market. Additionally, the
proposal does not run counter to any previous efforts to curb strike
proliferation as those efforts focused on the removal and prevention of
extraneous strikes where there was no investor demand. The Exchange's
proposal requires the satisfaction of an average daily trading volume
threshold in addition to the underlying stock closing at a price below
$2.50 to be eligible for the program. The Exchange believes that the
average daily trading volume threshold of the program ensures that only
strikes with investor demand will be listed and fills a gap in strike
interval coverage as described above. Further, being that the strike
interval is $0.50, there are only a maximum of four strikes that may be
added ($0.50, $1.00, $1.50, and $2.00). Therefore, the Exchange does
not believe that its proposal will undermine any previous efforts to
eliminate repetitive and unnecessary strikes in any fashion.
    The Exchange believes that the proposed program's average daily
trading volume threshold promotes just and equitable principles of
trade and removes impediments to and perfects the mechanisms of a free
and open market and a national market system and, in general, protects
investors and the public interest as it is designed to permit only
those stocks with demonstrably high levels of trading activity to
participate in the program. The Exchange notes that the proposed
program's average daily trading volume requirement is substantially
greater than the average daily trading requirement currently in place
on the Exchange for options on equity underlyings,\25\ ADRs,\26\ and
broad-based indexes.\27\
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    \25\ See supra note 12.
    \26\ See supra note 13.
    \27\ See supra note 14.
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    The Exchange also believes the proposed rule change is consistent
with Section 6(b)(1) of the Act,\28\ which provides that the Exchange
be organized and have the capacity to be able to carry out the purposes
of the Act and to enforce compliance by the Exchange's Members and
persons associated with its Members with the Act, the rules and
regulations thereunder, and the rules of the Exchange. The proposed
rule change allows the Exchange to respond to customer demand to
provide meaningful strikes for low priced stocks. The Exchange does not
believe that the proposed rule would create any capacity issue or
negatively affect market functionality. Additionally, the Exchange
represents that it has the necessary systems capacity to support the
new options series and handle additional messaging traffic associated
with this proposed rule change. The Exchange also believes that its
Members will not experience any capacity issues as a result of this
proposal. In addition, the Exchange represents that it believes that
additional strikes for low priced stocks will serve to increase
liquidity available as well as improve price efficiency by providing
more trading opportunities for all market participants. The Exchange
believes that the proposed rule change will benefit investors by giving
them increased opportunities to execute their investment and hedging
decisions.
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    \28\ 15 U.S.C. 78f(b)(1).
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    Finally, the Exchange believes its proposal is designed to prevent
fraudulent and manipulative acts and practices as options may only be
listed on underlyings that satisfy the listing requirements of the
Exchange as described in 19.3. Specifically, Rule 19.3(a) requires that
underlying securities for which put or call option contracts are
approved for listing and trading on the Exchange must meet the

following criteria: (1) the security must be registered with the
Commission and be an ``NMS stock'' as defined in Rule 600 of Regulation
NMS under the Act; (2) the security shall be characterized by a
substantial number of outstanding shares that are widely held and
actively traded. Additionally, Rule 19.3(b) provides that, subject to
other factors the Exchange may consider, an underlying security will
not be selected for options transactions unless: (1) there are a
minimum of 7,000,000 shares of the underlying security which are owned
by persons other than those required to report their stock holdings
under Section 16(a) of the Act; (2) there are a minimum of 2,000
holders of the underlying security; (3) the issuer is in compliance
with any applicable requirements of the Act; and (4) trading volume (in
all markets in which the underlying security is traded) has been at
least 2,400,000 shares in the preceding 12 months. The Exchange's
proposal does not impact the eligibility of an underlying stock to have
options listed on it, but rather addresses only the listing of new
additional option classes on an underlying listed on the Exchange in
accordance with the Exchange's listings rules. As such, the Exchange
believes that the listing requirements described in Rule 19.3 address
potential concerns regarding possible manipulation. Additionally, in
conjunction with the proposed average daily volume requirement
described herein, the Exchange believes any possible market
manipulation is further mitigated.

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 its proposed rule change will impose any burden on
intramarket competition as the Rules of the Exchange apply equally to
all Members and all Members may trade the new proposed strikes if they
so choose. Specifically, the Exchange believes that investors and
market participants will significantly benefit from the availability of
finer strike price intervals for stocks priced below $2.50, which will
allow them to tailor their investment and hedging needs more
effectively. The Exchange's proposal is substantively identical to MIAX
Interpretations and Policies .11 and .12 to Rule 404.
    The Exchange does not believe that its proposed rule change will
impose any burden on intermarket competition, as nothing prevents other
options exchanges from proposing similar rules to list and trade
options on low priced stocks. Rather the Exchange believes that its
proposal will promote intermarket competition, as the Exchange's
proposal will result in additional opportunities for investors to
achieve their investment and trading objectives, to the benefit of
investors, market participants, and the marketplace in general.

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

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

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

    Pursuant to Section 19(b)(3)(A) of the Act \29\ and Rule 19b-
4(f)(6) \30\ thereunder, the Exchange has designated this proposal as
one that effects a change that: (i) does not significantly affect the
protection of investors or the public interest; (ii) does not impose
any significant burden on competition; and (iii) by its terms, does not
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest.\31\
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    \29\ 15 U.S.C. 78s(b)(3)(A).
    \30\ 17 CFR 240.19b-4(f)(6).
    \31\ In addition, Rule 19b-4(f)(6) requires a self-regulatory
organization to give the Commission written notice of its intent to
file the proposed rule change at least five business days prior to
the date of filing of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange has satisfied this
requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act normally does not become operative for 30 days after the date of
its filing. However, Rule 19b-4(f)(6)(iii) \32\ permits the Commission
to designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requested
that the Commission waive the 30-day operative delay so that the
proposal may become operative immediately upon filing. The Commission
notes it has approved a proposed rule change substantially identical to
the one proposed by the Exchange.\33\ The proposed change raises no
novel legal or regulatory issues. Therefore, the Commission believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest. Accordingly, the
Commission hereby waives the 30-day operative delay and designates the
proposed rule change operative upon filing.\34\
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    \32\ 17 CFR 240.19b-4(f)(6)(iii).
    \33\ See supra note 5.
    \34\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CboeBZX-2023-100 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-CboeBZX-2023-100. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public

Reference Room, 100 F Street NE, Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. Do not include personal identifiable
information in submissions; you should submit only information that you
wish to make available publicly. We may redact in part or withhold
entirely from publication submitted material that is obscene or subject
to copyright protection. All submissions should refer to file number
SR-CboeBZX-2023-100 and should be submitted on or before January 3,
2024.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
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    \35\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-27271 Filed 12-12-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 3, 2007 (Volume 72, Number 149)]
[Notices]
[Page 43266-43268]
[DOCID:fr03au07-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

July 27, 2007.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER03-774-004.
    Applicants: Eagle Energy Partners I, L.P.
    Description: Eagle Energy Partners I, LP notifies FERC of a change
in status that reflects a departure from the characteristics upon which
FERC relied in granting it authorization to sell wholesale power at
market rates.
    Filed Date: 07/25/2007.
    Accession Number: 20070727-0052.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 15, 2007.

    Docket Numbers: ER03-1413-005.
    Applicants: Sempra Energy Trading Corp.
    Description: Sempra Energy Trading Corp submits its response to the
Motion to Intervene Out-of-Time and Comments of ISO New England Inc.
    Filed Date: 07/25/2007.
    Accession Number: 20070726-0100.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 15, 2007.

    Docket Numbers: ER04-208-004; ER07-589-001; ER06-1228-002.
    Applicants: Citigroup Energy Inc., Citigroup Energy Canada ULC,
Phibro LLC.
    Description: Citigroup Energy Inc et al submit a notice of a non-
material change in status in compliance with the reporting requirements
adopted by FERC in Order 652 etc.
    Filed Date: 07/23/2007.
    Accession Number: 20070727-0014.
    Comment Date: 5 p.m. Eastern Time on Monday, August 13, 2007.

    Docket Numbers: ER04-817-002.
    Applicants: Indeck Maine Energy, L.L.C.
    Description: Indeck Maine Energy, L.L.C's Triennial Market Power
update pursuant to the Commission's 7/22/04 letter order.
    Filed Date: 07/23/2007.
    Accession Number: 20070727-0013.
    Comment Date: 5 p.m. Eastern Time on Monday, August 13, 2007.

    Docket Numbers: ER04-831-003.
    Applicants: Calpine Newark, LLC.
    Description: Calpine Newark, LLc submits updated market analysis in
accordance with FERC's letter order dated 7/21/04.
    Filed Date: 07/23/2007.
    Accession Number: 20070724-0200.
    Comment Date: 5 p.m. Eastern Time on Monday, August 13, 2007.

    Docket Numbers: ER05-1420-003.
    Applicants: Lehman Brothers Commodity Services, Inc.
    Description: Lehman Brother Commodity Services, Inc notifies of a
change in status of a non-material departure from the characteristics
relied upon by FERC in its order authorizing to engage in sales of
electric power.
    Filed Date: 07/25/2007.
    Accession Number: 20070727-0051.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 15, 2007.

    Docket Numbers: ER06-451-000.
    Applicants: Southwest Power Pool, Inc., Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits revised tables for
February through May to its EIS Market Report.
    Filed Date: 07/17/2007.
    Accession Number: 20070720-0084.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 07, 2007.

    Docket Numbers: ER07-87-002.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc et al submits proposed amendments
to the ISO OATT in compliance with the Commission's Order issued on 6/
21/07.
    Filed Date: 07/23/2007.
    Accession Number: 20070727-0012.
    Comment Date: 5 p.m. Eastern Time on Monday, August 13, 2007.

    Docket Numbers: ER07-869-001; ER07-475-002; ER06-615-008.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits proposed tariff revisions pursuant to the orders issued by
FERC.
    Filed Date: 07/20/2007.
    Accession Number: 20070727-0011.
    Comment Date: 5 p.m. Eastern Time on Friday, August 10, 2007.

    Docket Numbers: ER07-921-001.
    Applicants: ISO New England Inc.
    Description: ISO New England, Inc submits their compliance filing
as required by the June 21, 2007 letter order.
    Filed Date: 07/23/2007.
    Accession Number: 20070727-0018.
    Comment Date: 5 p.m. Eastern Time on Monday, August 13, 2007.

    Docket Numbers: ER07-1018-000.
    Applicants: SIG Energy, LLLP.
    Description: SIG Energy LLLP resubmits its 7/20/07 filing of a
supplement to its 6/8/07 ``Notice of Succession'' re Susquehanna Energy
Products LLC.
    Filed Date: 07/24/2007.
    Accession Number: 20070726-0145.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 14, 2007.

    Docket Numbers: ER07-1184-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc agent for Entergy Arkansas, Inc
submits a notice of cancellation of the Power Coordination, Interchange
and Transmission Service Agreement w/ the City of Campbell, Arkansas.
    Filed Date: 07/24/2007.
    Accession Number: 20070727-0016.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 14, 2007.

    Docket Numbers: ER07-1185-000.
    Applicants: Allegheny Energy Supply Company, LLC.
    Description: Allegheny Energy Supply Company, LLC submits this
petition requesting authorization to make wholesale power sales to its
affiliate Potomac Edison Co pursuant to section 205 of the FPA.
    Filed Date: 07/24/2007.
    Accession Number: 20070727-0009.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 14, 2007.

    Docket Numbers: ER07-1186-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits amendments to
Schedule 12-Appendix of the PJM Tariff to reflect the assignments of
cost responsibility for five baseline upgrades.
    Filed Date: 07/23/2007.
    Accession Number: 20070726-0208.
    Comment Date: 5 p.m. Eastern Time on Monday, August 13, 2007.

    Docket Numbers: ER07-1187-000.
    Applicants: Louisville Gas & Electric Company.
    Description: Louisville Gas and Electric Co and Kentucky Utilities
submit Exhibit A as Amendment No. 1 to the Service Agreement with
Illinois Municipal Electric Agency.
    Filed Date: 07/23/2007.
    Accession Number: 20070726-0207.
    Comment Date: 5 p.m. Eastern Time on Monday, August 13, 2007.

    Docket Numbers: ER07-1188-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp submits a
Notice of Termination of the SWPL Operations Agreement.
    Filed Date: 07/23/2007.
    Accession Number: 20070726-0204.
    Comment Date: 5 p.m. Eastern Time on Monday, August 13, 2007.

    Docket Numbers: ER07-1189-000.
    Applicants: Calpine Parlin, LLC.
    Description: Calpine Parlin, LLC submits a Notice of Cancellation
of Rate Schedules No. 1 and 2.
    Filed Date: 07/23/2007.
    Accession Number: 20070726-0205.
    Comment Date: 5 p.m. Eastern Time on Monday, August 13, 2007.

    Docket Numbers: ER07-1190-000.
    Applicants: American Electric Power Service Corp.
    Description: The American Electric Power Service Corp on behalf of
the AEP Operating Companies submit an original Interconnection and
Local Delivery Service Agreement with the City of Shelby, Ohio.
    Filed Date: 07/23/2007.
    Accession Number: 20070726-0206.
    Comment Date: 5 p.m. Eastern Time on Monday, August 13, 2007.

    Docket Numbers: ER07-1191-000.
    Applicants: Xcel Energy Operating Companies.
    Description: Xcel Energy Services Inc on behalf of Southwestern
Public Service Co submits a Connection Agreement with Golden Spread
Electric Cooperative, Inc.
    Filed Date: 07/23/2007.
    Accession Number: 20070726-0203.
    Comment Date: 5 p.m. Eastern Time on Monday, August 13, 2007.

    Docket Numbers: ER07-1192-000.
    Applicants: Wisconsin Electric Power Company.
    Description: Wisconsin Electric Power Co submits a filing for
authorization to distribute to wholesale customers certain
decommissioning funds.
    Filed Date: 07/23/2007.
    Accession Number: 20070726-0202.
    Comment Date: 5 p.m. Eastern Time on Monday, August 13, 2007.

    Docket Numbers: ER07-1193-000.
    Applicants: CPV Liberty, LLC.
    Description: CPV Liberty, LLC submits an application market-based
rate authorization, related waivers and preapprovals.
    Filed Date: 07/23/2007.
    Accession Number: 20070726-0201.
    Comment Date: 5 p.m. Eastern Time on Monday, August 13, 2007.

    Docket Numbers: ER07-1194-000.
    Applicants: Castlebridge Energy Group LLC.
    Description: Castlebridge Energy Group LLC's Application for
Acceptance of Initial Rate Schedule, Waivers and Blanket Authority.
    Filed Date: 07/24/2007.
    Accession Number: 20070726-0212.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 14, 2007.

    Docket Numbers: ER07-1195-000.

    Applicants: Mittal Steel USA, Inc.
    Description: Application of Mittal Steel USA, Inc for acceptance of
Initial Rate Schedule, Waiver and Blanket Authority.
    Filed Date: 07/24/2007.
    Accession Number: 20070726-0213.
    Comment Date: 5 p.m. Eastern Time on Tuesday, August 14, 2007.

    Docket Numbers: ER07-1196-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Co submits First Revised
Sheet 3 et al to FERC Electric Tariff, Second Revised Volume No. 6, to
be effective 7/26/07.
    Filed Date: 07/25/2007.
    Accession Number: 20070726-0193.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 15, 2007.

    Docket Numbers: ER07-1197-000.
    Applicants: American Electric Power Service Corp.
    Description: American Electric Power Service Corporation agent for
AEP Operating Companies submits the First Revised Interconnection &
Local Delivery Service Agreement No. 1249 with Elk Power Company.
    Filed Date: 07/25/2007.
    Accession Number: 20070727-0050.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 15, 2007.

    Docket Numbers: ER07-1198-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits a Facilities Agreement with Brigham
City Light & Power.
    Filed Date: 07/25/2007.
    Accession Number: 20070727-0048.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 15, 2007.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-15087 Filed 8-2-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Rules and Regulations]
[Pages 14878-14881]
[FR Doc No: 2019-07309]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2018-0852; FRL-9991-55-Region 7]

Air Plan Approval and Approval of Operating Permits Program;
Nebraska; Adoption of the 2015 Ozone Standard and Revisions to
Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the State Implementation Plan (SIP), and
Operating Permits Program for the State of Nebraska as submitted on
August 22, 2018. This action adopts the 2015 primary and secondary
National Ambient Air Quality Standards for Ozone, published in the
Federal Register on October 26, 2015. The EPA is also taking final
action to approve revisions which are administrative in nature. These
revisions include updating a reference to EPA's regulation used in the
definition of ``Global Warming Potentials'', removing ``Greenhouse
Gases'' from the definition of ``Regulated Air Pollutant'', and
updating a reference to EPA's regulations used in the definition of
``Volatile Organic Compound''. Other typographical and reformatting
revisions are also being made. Approval of these revisions will not
impact air quality, ensures consistency between the State and
Federally-approved rules, and ensures Federal enforceability of the
State's rules.

DATES: This final rule is effective on May 13, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2018-0852. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection

Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219; telephone number<PHONE_NUMBER>; email address
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. EPA's Response to Comments
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving revisions to the State Implementation Plan
(SIP) and the Operating Permit Program submitted on August 22, 2018, by
the State of Nebraska. Nebraska's August 22, 2018, submittal included
revisions to chapters 1, 4, 20, 28 and 34 of title 129. In this action,
EPA is only addressing revisions to title 129 of the Nebraska
Administrative Code, chapter 1 ``Definitions''; chapter 4 ``Ambient Air
Quality Standards''; chapter 20 ``Particulate Emissions; Limitations
and Standards''; and chapter 34 ``Emission Sources; Testing;
Monitoring''. The EPA is not acting on chapter 28 ``Hazardous Air
Pollutant; Emissions and Standards'', although included in the state's
submission, because the chapter is not approved in the Nebraska SIP.
    The EPA is approving revisions to the Nebraska SIP and Operating
Permits Program for title 129, chapter 1 ``Definitions''. The revision
to title 129, chapter 1, section 064, updates the reference for ``Table
A-1--Global Warming Potentials'', and the effective date of the
reference. The revision to section 109 of chapter 1 corrects a
typographical error clarifying the meaning of ``person'', ensuring
consistency with the Federal definition. Nebraska Department of
Environmental Quality (NDEQ) removed section 130.05, ``Greenhouse
gases'' and section 130.05A from the definition of ``Regulated Air
Pollutant'', as a result of the Supreme Court's invalidation of
portions of the Greenhouse Gas Tailoring Rule. Finally, the revision to
chapter 1, section 160, ``Volatile Organic Compounds'', updates the
reference to the appropriate sections of the Federal regulation
pertaining to these rules and the effective date of the reference.
    The following are approved revisions to the Nebraska SIP. Title
129, chapter 4, section 005, is revised by adopting the 2015 primary
and secondary National Ambient Air Quality Standards for Ozone, (80 FR
65292, October 26, 2015), and by revising the reference to include
appendix U to 40 CFR part 50 to be consistent with Federal regulations,
and by updating the effective date of the reference.
    Revisions to chapter 20, of title 129, correcting references to and
re-numbering tables 20-1 and 20-2 by moving the tables under the
correct sections of the chapter for consistency are approved. Also
being approved is text presently found in section 007 moving to section
001 and renumbered as new subsection 001.01. Section 007 will be marked
``Reserved''.
    Finally, EPA is approving revisions to chapter 34, of title 129, by
correcting the typographical error in section 002.02 in the effective
date of 40 CFR part 60 appendices. This revision clarifies the
effective date by replacing the date July 12, 2002 with July 1, 2002.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
revised chapters were placed on public notice on May 1, 2017, and a
public hearing was held by the State of Nebraska on June 13, 2017,
where no comments were received. In addition, as explained above, the
revision meets the substantive SIP requirements of the Clean Air Act
(CAA), including section 110 and implementing regulations.

III. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened February
20, 2019, the date of its publication in the Federal Register (84 FR
5032), and closed on March 22, 2019. During this period, EPA received
one comment. After reviewing the comment, the EPA determined that the
comment is outside the scope of our proposed rule and fails to identify
any material issue necessitating a response. Accordingly, the EPA will
not provide a specific response to the comment. We note that the public
comment received on this rulemaking action is available for review by
the public and may be viewed by following the instructions for access
to docket materials as outlined in the ADDRESSES section of this
preamble.

IV. What action is EPA taking?

    The EPA is approving into the Nebraska SIP and as applicable, into
the Operating Permits Program, revisions to title 129, chapters 1, 4,
20 and 34 as submitted by NDEQ on August 22, 2018.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is incorporating by reference the Nebraska Regulations
described in the amendments to 40 CFR part 52 set forth below. The EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 7 Office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information).
    Therefore, these materials have been approved by EPA for inclusion
in the SIP, have been incorporated by reference by EPA into that plan,
are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of EPA's approval, and
will be incorporated by reference in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------

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

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely

affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 11, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

 List of Subjects

40 CFR Part 52

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

40 CFR Part 70

    Environmental protection, Air pollution control, Incorporation by
reference, Administrative practice and procedure, Intergovernmental
relations, Operating permits, Reporting and recordkeeping requirements.

James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA is amending 40 CFR
parts 52 and 70 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart--CC Nebraska

0
2. In Sec.  52.1420, paragraph (c), the table is amended by revising
entries ``129-1 Definitions'', ``129-4 Ambient Air Quality Standards'',
``129-20 Particulate Emissions; Limitations and Standards'', and ``129-
34 Emission Sources; Testing; Monitoring'' to read as follows:

Sec.  52.1420   Identification of Plan.

* * * * *
    (c) * * *

                                        EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
     Nebraska citation               Title         effective date   EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
                                                State of Nebraska
                                       Department of Environmental Quality
                                   Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1......................  Definitions.........       7/15/2018  4/12/2019, [Insert   The definition of
                                                                    Federal Register     ``solid waste'' is not
                                                                    citation].           approved into the SIP.
                                                                                The second sentence
                                                                                beginning at ``Solid
                                                                                waste'' and ending at
                                                                                ``discarded material'',
                                                                                is not approved into
                                                                                the SIP.

                                                  * * * * * * *
129-4......................  Ambient Air Quality        7/15/2018  4/12/2019, [Insert
                              Standards.                            Federal Register
                                                                    citation].

                                                  * * * * * * *
129-20.....................  Particulate                7/15/2018  4/12/2019, [Insert
                              Emissions:                            Federal Register
                              Limitations and                       citation].
                              Standards.

                                                  * * * * * * *
129-34.....................  Emission Sources;          7/15/2018  4/12/2019, [Insert
                              Testing; Monitoring.                  Federal Register
                                                                    citation].

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

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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

0
4. Amend appendix A to part 70 by adding paragraph (p) under
``Nebraska; City of Omaha; Lincoln-Lancaster County Health Department''
to read as follows:

Appendix A to Part 70 Approval Status of State and Local Operating
Permits Programs

* * * * *

Nebraska; City of Omaha; Lincoln-Lancaster County Health Department

* * * * *
    (p) The Nebraska Department of Environmental Quality submitted
revisions to The Nebraska Administrative Code, title 129, chapter 1,
``Definitions'' on August 22, 2018. The state effective date is July
15, 2018. This revision is effective May 13, 2019.
* * * * *
[FR Doc. 2019-07309 Filed 4-11-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34902-34903]
[FR Doc No: 2019-15352]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-2870]

Electronic Submission; Data Standards; Support for Geopolitical
Entities, Names, and Codes

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the adoption of the current version of the Geopolitical Entities,
Names, and Codes (GENC) Standard on December 17, 2020. The GENC
Standard is the U.S. Government profile of International Organization
for Standardization (ISO) 3166 ``Codes for the Representation of Names
of Countries and Their Subdivisions.'' It specifies an authoritative
set of country codes and names for use by the U.S. Government for
information exchange, using ISO 3166 names and code elements wherever
possible, with modifications only when necessary to comply with U.S.
law and U.S. Government recognition policy. Adopting the GENC Standard
will enable FDA to be in conformance with U.S. Government naming and
recognition policies. You may submit comments at any time regarding the
appropriateness or timing of FDA's adoption of the GENC Standard.

ADDRESSES: You may submit either electronic or written comments at any
time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-N-2870 for ``Electronic Submission; Data Standards; Support
for Geopolitical Entities, Names, and Codes.'' Received comments will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations .gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Chenoa Conley, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 1117, Silver Spring, MD 20993-0002, 301-
796-0035<EMAIL_ADDRESS>or Stephen Ripley, Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002,
240-402-7911.

SUPPLEMENTARY INFORMATION: On December 17, 2015, FDA began supporting
GENC as the FDA standard for representing countries and their principal
subdivisions. ISO is an organization that creates standards documents
to provide requirements, specifications, and guidelines that can be
followed by regulatory agencies and industry (https://nsgreg.nga.mil/genc/discovery). Before adopting GENC as its standard, FDA represented
countries using ISO 3166-1 alpha-3 and represented countries' principal
subdivisions using ISO 3166-2. Before adopting ISO 3166 as its
standard, FDA represented countries using Federal Information
Processing Standards (FIPS) 10-4 and represented principal subdivisions
of the United States using FIPS 5-2 (https://nsgreg.nga.mil/doc/view?i=2564). FIPS are publicly announced standards developed by the
U.S. Government for use in computer systems by nonmilitary Government
Agencies and industry.
    Public Law 80-242 (1947) requires the U.S. Government to use
geographic names that have been approved by the U.S. Board on
Geographic Names (BGN). ISO 3166 contains a small set of country

and principal subdivision names that vary from those approved by the
BGN. The geopolitical entities included in ISO 3166 are those that are
recognized by the United Nations. Therefore, GENC is the U.S.
Government implementation of ISO 3166 that conforms to BGN and U.S.
Government recognition policy and will enable FDA to be in conformance
with U.S. Government naming and recognition policies. The GENC Standard
is specified by the combination of a stable information design document
and information content consisting of dynamically managed entries in
the GENC Registry. In accordance with OMB Circular A-119 (https://obamawhitehouse.archives .gov/omb/circulars_a119_a119fr), Federal
Agencies are directed to use voluntary consensus standards in lieu of
government-unique standards except when inconsistent with law or
otherwise impractical. ISO 3166 is the base standard for the profile
that is the GENC Standard. The GENC Standard asserts both restrictions
to, and extensions of, the ISO 3166 base standard; it is a Class 2
profile in accordance with the provisions of ISO 19106 (https://www.iso.org/standard/26011.html). Information regarding the development
of the GENC Standard can be found at https://nsgreg.nga.mil/geopoliticalCode.jsp. Frequently asked questions regarding the content
and use of the GENC Standard can be found at https://nsgreg.nga.mil/genc/faq.jsp? register=0.
    The information content of the GENC Standard is specified with
respect to ISO 3166 (Parts 1 and 2). Entries of the GENC Standard are
based on either direct reuse of ISO 3166 code elements or a type of
variation from that standard (Exclusion, Exception, Extension, or
Exigent) based on U.S. government requirements. In the case of
Exceptions, the codes do not differ from ISO 3166. Exceptions are based
on differences in naming (some politically significant, others simply
stylistic) as approved by the BGN, or differences in how the
territorial extent of an entity is understood. GENC Extensions
introduce entities not included in ISO 3166. Entries from ISO 3166 that
are excluded from the GENC Standard may be browsed in the GENC
Registry.
    Infrequently, ISO 3166-1 code elements for a given country name are
revised for reasons that are not related to a change in the country
name itself. Consequently, a given country name may be assigned
differing code element values over time. To enable information systems
to easily recognize these occasions, a file specifying country code
element correspondences is maintained in the NSG-unique Standards
Register (https://nsgreg.nga.mil/doc/view?i=2563).
    For those occasions when it may be necessary to reference the names
of countries that are not included in the content of the GENC Standard
because of the disestablishment of those countries before the initial
publication of the GENC, the Codes for Historical Country Names
information guidance document specifies applicable codes and their
corresponding names for use in ``country coding'' such data (this
information can be found at https://nsgreg.nga.mil/doc/view?i=2565).
    While FDA currently supports the GENC standard, the FDA Data
Standards Catalog will be updated to announce an implementation date of
December 17, 2020, for GENC. After receiving comments, the Agency may
consider further actions regarding the adoption of the GENC standard
and/or its planned implementation date.

    Dated: July 15, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-15352 Filed 7-18-19; 8:45 am]
 BILLING CODE 4164-01-P