training, and allow the operator's training personnel to vary the
content of future evaluations to test knowledge in other areas.

N. Validation

    PHMSA considers controllers to be extremely important in providing
for pipeline safety. Accordingly, PHMSA believes that it is appropriate
to involve senior pipeline executives in helping to determine that
controllers are qualified, that internal communication is enhanced, and
that controller needs are being addressed. The proposed rule

would require that a senior executive officer validate certain aspects
of controller training, qualification, and compliance with the
requirements of this rule. Operators would be required to have a senior
executive officer sign a validation each calendar year that confirms
that the operator has:
     Conducted a review of controller qualifications and
controller training and determined that both are adequate;
     Permitted only qualified controllers to operate the
pipeline;
     Implemented the requirements of the rule;
     Continued to address ergonomic and fatigue factors; and
     Involved controllers in finding ways to sustain and
improve safety and pipeline integrity through control room management.

O. Compliance and Deviations

    The proposed rule would require operators to maintain records that
demonstrate compliance with the regulation and to document any
deviations from their control room management procedures. In addition,
the operators would be required to report any deviations upon request
by PHMSA or the appropriate state pipeline safety authority. These
requirements are derived from the PIPES Act, which specifies that
operators must document compliance with their human factors and control
room management plans and report any deviations. Operators would be
required to report deviations only when requested by PHMSA, or in the
case of an intrastate pipeline facility, when requested by the
appropriate state pipeline safety authority. Such a request is
anticipated to occur during a pipeline safety inspection, but may occur
at any time at the discretion of PHMSA or the state pipeline safety
authority.

VIII. Regulatory Analyses and Notices

Privacy Act Statement

    Anyone may search the electronic form of comments received in
response to any of our dockets by the name of the individual submitting
the comment (or signing the comment if submitted 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).

Executive Order 12866 and DOT Policies and Procedures

    This proposed rulemaking is a significant regulatory action under
Executive Order 12866 (58 FR 51735; Oct. 4, 1993), and it is a
significant regulatory action under the U.S. Department of
Transportation regulatory policies and procedures (44 FR 11034; Feb.
26, 1979). Therefore, the Office of Management and Budget (OMB) has
received a copy of this proposed rulemaking to review.
    The proposed rule is not expected to adversely affect the economy
or the environment. For those costs and benefits that can be quantified
the present value of net benefits are expected to be about $65 million
over a ten year period after all of the requirements are implemented.
The monetary costs of the rule are expected to average about $25
million per year. Therefore, within the meaning of Executive Order
12866, the proposed rule is not expected to be an economically
significant regulatory action due to cost because it will not exceed
the annual $100 million threshold for economic significance.
    However, there is substantial congressional, industry, and public
interest in control room operations and human factors management plans.
The proposed rule's immediate impact is minimal because some of its
components are already included in existing regulations; moreover, in
some pipeline companies, other requirements are standard practice or
considered to be good business practices.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), PHMSA
must consider whether rulemaking actions would have a significant
economic impact on a substantial number of small entities. While PHMSA
does not collect information on the number of employees or revenues of
pipeline operators, we do continuously seek information on the number
of small pipeline operators to more fully determine any impacts our
proposed regulations may have on small entities.
    The Small Business Administration's criterion for defining a small
entity in the hazardous liquid pipeline industry is 1,500 or fewer
employees. PHMSA estimates there are 10 to 20 small entities in the
hazardous liquid pipeline industry. For the gas pipeline industry, the
size standard for a small natural gas gathering or transmission
business is $6.5 million or less in annual revenues and the size
standard for a small natural gas distribution business is 500 or fewer
employees. PHMSA estimates there are about 480 natural gas transmission
and gathering companies that have $6.5 million or less in annual
revenues and about 1,000 natural gas distribution companies that have
500 or fewer employees. Therefore, there are a total of about 1,500
small entities that would be affected by the proposed rule.
    PHMSA has considered the effects of the proposed rule on small
pipeline operators. The total estimated aggregate annual costs of the
rule across the entire pipeline industry over 10 years ranges from
about $21 million per year to $37 million per year. Therefore, the
average annual cost to the approximately 2,500 companies (large and
small entities) is about $8,400 to $14,800 per year. For the larger
operators with more controllers, the costs will be higher than the
average. For the smaller operators with fewer controllers it will be
less than average. Based on these figures, PHMSA does not believe there
will be a significant impact on a substantial number of small entities,
but PHMSA seeks comments on this analysis.

Executive Order 13175

    PHMSA has analyzed this rulemaking according to Executive Order
13175, ``Consultation and Coordination with Indian Tribal
Governments.'' Because the proposed rule would not significantly or
uniquely affect the communities of the Indian tribal governments or
impose substantial direct compliance costs, the funding and
consultation requirements of Executive Order 13175 do not apply.

Paperwork Reduction Act

    PHMSA proposes to revise the Federal pipeline safety regulations to
address human factors and other components of control room management.
The proposed rules would require operators of hazardous liquid
pipelines, gas pipelines, and LNG facilities to amend their existing
written operations and maintenance procedures, operator qualification
programs, and emergency plans.
    This proposed rule also contains some information collection
requirements. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), DOT will submit a copy of the Paperwork Reduction Act
analysis to OMB for its review. A copy of the analysis will also be
entered in the docket. PHMSA is proposing to require pipeline operators
to keep records and logs related to control room operations for
inspection purposes and to have a senior executive officer of each
operator validate that the operator has complied with the regulatory
requirements, reviewed its qualification and training, permitted only
qualified controllers to operate the pipeline, addressed fatigue
factors, and involved controllers in finding improvements. The record
keeping requirements in the proposed rule are consistent with good
business practices

and are designed to enhance current control room management practices.
    To calculate the information collection burden for the record
keeping related to control room management practices, PHMSA estimates
there are approximately 2,500 pipeline and LNG facility operators that
would need to keep records and logs and that it would take
approximately one hour per week, per operator to generate and maintain
the necessary records. Therefore, PHMSA calculates it would take
slightly more than 130,000 hours per year for the 2,500 pipeline
operators to maintain the necessary records. PHMSA expects that most
operators currently maintain records and logs for inspection purposes
and that they generate records on a daily basis. Therefore, we estimate
the cost for the industry would be negligible since controllers
generally perform this function as part of the control room operations.
PHMSA acknowledges, however, that there may be some additional cost for
storage and filing, depending on what the records contain and how they
are packaged. Assuming that operators store between two and four cubic
feet of records (at $23.00 per cubic foot) within their facility per
year, PHMSA estimates that it would cost between $115,000 and $230,000
annually to store and maintain the records for inspection purposes.
    Additionally, PHMSA estimates there are approximately 3,420
controllers in the pipeline industry and that it would take
approximately one hour per year, per employee to document performance
appraisals. Therefore, PHMSA calculates it would take pipeline
operators approximately 3,420 hours per year to document employees'
performance. We estimate it would take a senior official approximately
one-half hour to review and sign-off on a validation document for each
controller. PHMSA estimates the annual cost would be between $76,950
and $153,900 depending on the average wage rate used in the
calculation. The lower bound uses the average wage rate for a General
Operations Manager published by the Bureau of Labor Statistics of
$45.00 per hour ($22.50 per half-hour), while the upper bound uses the
industry estimates of $90.00 per hour ($45.00 per half-hour).
Therefore, PHMSA concludes that this proposed rule contains only minor
additional paperwork burden and procedure implementation.
    Pursuant to 44 U.S.C. 3506(c)(2)(B), the PHMSA solicits comments
concerning: Whether these information collection requirements are
necessary for PHMSA to properly perform its functions, including
whether the information has practical utility; the accuracy of PHMSA's
estimates of the burden of the information collection requirements; the
quality, utility, and clarity of the information to be collected; and
whether the burden of collecting information on those who are to
respond, including through the use of automated collection techniques
or other forms of information technology, may be minimized.

Unfunded Mandates Reform Act of 1995

    This proposed rulemaking does not impose unfunded mandates under
the Unfunded Mandates Reform Act of 1995. It does not result in costs
of $132 million or more to either State, local, or tribal governments,
in the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the proposed rulemaking.

National Environmental Policy Act

    PHMSA has analyzed the proposed rulemaking for purposes of the
National Environmental Policy Act (42 U.S.C. 4321 et seq. ) and
preliminarily determined the proposed rulemaking may provide beneficial
impacts on the quality of the human environment. If pipeline operators
comply with the technical elements of the proposed rule, this would
reduce adverse impacts on the physical environment by reducing the
number and severity of pipeline releases. For example, by addressing
the exchange of information at shift change and the length of shifts to
reduce controller fatigue, pipeline operators could reduce the number
of incidents and the consequences of releases that may harm the
physical environment. Similarly, the review of SCADA procedures and
alarm audits will lead to the use of better technology, which will have
a positive impact on operator response to abnormal operating
conditions, accidents, and incidents that have the potential for
adverse environmental impacts. The following elements of the proposed
rule will also lead to a better functioning control room and fewer
possibilities for environmental degradation: Involving controllers when
planning and implementing changes in operations; maintaining strong
communications between controllers and field personnel; determining how
to establish, maintain, and review controller qualifications, abilities
and performance metrics, with particular attention to response to
abnormal operating conditions; and analyzing operating experience
including accidents and incidents for possible involvement of the SCADA
system, controller performance, and fatigue. PHMSA's analysis suggests
there are no adverse significant environmental impacts associated with
the proposed rule. The draft environmental assessment is available for
review and comment in the docket. PHMSA will make a final determination
on environmental impact after reviewing the comments on this proposal.

Executive Order 13132

    PHMSA has analyzed the proposed rulemaking according to Executive
Order 13132 (``Federalism''). The proposal does not have a substantial
direct effect on the States, the relationship between the national
government and the States, or the distribution of power and
responsibilities among the various levels of government. The proposed
rulemaking does not impose substantial direct compliance costs on State
and local governments. This proposed regulation would not preempt state
law for intrastate pipelines. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.

Executive Order 13211

    Transporting gas and hazardous liquids impacts the nation's
available energy supply. However, this proposed rulemaking is not a
``significant energy action'' under Executive Order 13211 and is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, the Administrator of the
Office of Information and Regulatory Affairs has not identified this
proposal as a significant energy action.

List of Subjects

49 CFR Part 192

    Incorporation by reference, Gas, Natural gas, Pipeline safety,
Reporting and recordkeeping requirements.

49 CFR Part 193

    Liquefied natural gas, Incorporation by reference, Pipeline safety,
and Reporting and recordkeeping requirements.

49 CFR Part 195

    Ammonia, Carbon dioxide, Incorporation by reference, Petroleum,
Pipeline safety, Reporting and recordkeeping requirements.
    For the reasons provided in the preamble, PHMSA proposes to amend
49 CFR part 192, 193, and 195 as follows:

PART 192--TRANSPORTATION OF NATURAL GAS AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS

    1. The authority citation for part 192 is revised to read as
follows:

    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, 60116, 60118, and 60137; and 49 CFR 1.53.

    2. In Sec.  192.3, add definitions for ``alarm,'' ``control room,''
``controller,'' and ``Supervisory Control and Data Acquisition System
(SCADA)'' as follows:

Sec.  192.3  Definitions.

* * * * *
    Alarm means an indication provided by SCADA or similar monitoring
system that a parameter is outside normal or expected operating
conditions.
    Control room means a central location or local station at which a
control panel, computerized device, or other instrument is used by a
controller to monitor or control all or part of a pipeline facility or
a component of a pipeline facility.
    Controller means an individual who uses a control panel,
computerized device, or other equipment to monitor or control all or
part of a pipeline facility that the individual cannot directly observe
with the naked eye. An individual who operates equipment locally, but
who cannot see the equipment respond without using a closed circuit
television system or other external device, is a controller when
performing this activity regardless of job title or whether actions are
overseen by another controller or supervisor. An individual who
performs these functions on a part time basis is considered a
controller only when performing these functions.
* * * * *
    Supervisory Control and Data Acquisition System (SCADA) means a
computer-based system that gathers field data, provides a structured
view of pipeline system or facility operations, and may provide a means
to control pipeline operations.
* * * * *
    3. In Sec.  192.7, amend the table in paragraph (c)(2) by adding
item B.(7) to read as follows:

Sec.  192.7  What documents are incorporated by reference partly or
wholly in this part?

* * * * *
    (c) * * *
    (2) * * *

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

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

                              * * * * * * *
B. * * *
(7) API Recommended Practice 1165               Sec.   192.631(c)(1)
 ``Recommended Practice for Pipeline SCADA
 Displays,'' (January 2007).

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

    4. Amend Sec.  192.605 by adding paragraph (b)(12) to read as
follows:

Sec.  192.605  Procedural manual for operations, maintenance, and
emergencies.

* * * * *
    (b) * * *
    (12) Implementing the applicable control room management procedures
required by Sec.  192.631.
* * * * *
    5. Amend Sec.  192.615 by adding paragraph (a)(11) to read as
follows:

Sec.  192.615  Emergency plans.

    (a) * * *
    (11) Actions required to be taken by a controller during an
emergency in accordance with Sec.  192.631.
* * * * *
    6. Add Sec.  192.631 to subpart L to read as follows:

Sec.  192.631  Control room management.

    (a) General. Each operator of a pipeline facility with at least one
controller and control room must have and follow written control room
management procedures that implement the requirements of this section.
The procedures must be integrated, as appropriate, into the operator's
written manual of operations and maintenance procedures required by
Sec.  192.605, written qualification program required by Sec.  192.805,
and written emergency plans required by Sec.  192.615. The operator
must develop and implement the procedures no later than the dates in
the following table.

------------------------------------------------------------------------
                               Develop procedures   Implement procedures
      Control room type                by:                   by:
------------------------------------------------------------------------
(1) Remote operations         [insert date 12       [insert date 24
 (control and/or monitoring)   months after          months after
 of gas transmission           effective date of     effective date of
 pipelines.                    final rule].          final rule].
(2) Remote operations of      [insert date 24       [insert date 30
 equipment within a single     months after          months after
 site (e.g., compressor        effective date of     effective date of
 station).                     final rule].          final rule].
(3) Gas distribution          [insert date 24       [insert date 24
 pipelines.                    months after          months after
                               effective date of     effective date of
                               final rule].          final rule].
(4) Gas pipelines with local  [insert date 30       [insert date 30
 control only.                 months after          months after
                               effective date of     effective date of
                               final rule].          final rule].
(5) Control rooms or local    12 months after       12 months after
 control stations placed in    placement in          placement in
 service after [insert         service.              service.
 effective date of the final
 rule], but before [insert
 date 12 months after the
 effective date of final
 rule].
(6) Control rooms or local    Before placing in     Upon placing in
 control stations placed in    service.              service.
 service after [insert date
 12 months after the
 effective date of final
 rule].
------------------------------------------------------------------------

    (b) Roles and responsibilities. Each operator must define the roles
and responsibilities of a controller during normal, abnormal, and
emergency operating conditions. To provide for a controller's prompt
and appropriate response to operating conditions, each operator must
define:
    (1) A controller's authority and responsibility to make decisions
and take actions during normal operations.
    (2) A controller's role when an abnormal operating condition is
detected, even if the controller is not the first to detect the
condition, including the controller's responsibility to take

specific actions and to communicate with others.
    (3) A controller's role during an emergency, even if the controller
is not the first to detect the emergency, including the controller's
responsibility to take specific actions and to communicate with others.
    (4) A controller's responsibility to provide timely notification
and coordination with the operator of another pipeline in a common
corridor when a leak or failure is suspected, including upon receipt of
a notification from the public concerning a suspected leak on an asset
owned or operated by the other company but located in the same common
corridor or right-of-way.
    (5) A method of recording when a controller is responsible for
monitoring or controlling any portion of a pipeline facility by
implementing an individual console or a system log-in feature or by
documenting in the shift records the time and name of each controller
who assumed the responsibility during a shift-change or other hand-over
of responsibility.
    (c) Provide adequate information. Each operator must provide each
controller with the information necessary for the controller to carry
out the roles and responsibilities defined by the operator and must
verify that a controller knows the equipment, components and the
effects of the controller's actions on the pipeline or pipeline
facilities under the controller's control. Each operator must:
    (1) Provide a controller with accurate, adequate, and timely data
concerning operation of the pipeline facility. Wherever a SCADA system
is used, the operator must implement API RP-1165 (incorporated by
reference, see Sec.  192.7) in its entirety, unless the operator can
adequately demonstrate that a provision of API RP-1165 is not
applicable or is impracticable in the SCADA system used.
    (2) Validate that any SCADA system display accurately depicts field
equipment configuration by completing all of the following:
    (i) Conduct and document a point-to-point baseline verification
between field equipment and all SCADA system displays to verify 100
percent of the system displays. An operator must complete the baseline
verification no later than [insert date three years after effective
date of final rule] or by [insert date one year after effective date of
final rule] for an operator of a pipeline system containing less than
500 miles of pipeline. An operator may use any documented point-to-
point verification completed after [insert date three years before
effective date of final rule] to meet some or all of this baseline
verification. A point-to-point verification must include equipment
locations, ranges, alarm set-point values, alarm activation, required
alarm visual or audible response, and proper equipment or software
response to SCADA system values.
    (ii) Verify that SCADA displays accurately depict field
configuration when any modification is made to field equipment or
applicable software and conduct a point-to-point verification for
associated changes.
    (iii) Perform a point-to-point verification as part of implementing
a SCADA system change for all portions of the pipeline system or
facility affected by the change.
    (iv) Develop a plan for systematic re-verification of the accuracy
of the SCADA system display.
    (3) Establish a means for timely verbal communication among a
controller, management, and field personnel.
    (4) Identify circumstances that require field personnel to promptly
notify the controller. These circumstances must include the
identification by field personnel of a leak or situation that could
reasonably be expected to develop into an incident if left unaddressed.
    (5) Define and record critical information during each shift.
    (6) Provide for the exchange of information when a shift changes or
when another controller assumes responsibility for operations for any
reason.
    (7) Establish sufficient overlap of controller shifts to permit the
exchange of necessary information.
    (8) Periodically test and verify a backup communication system or
provide adequate means for manual operation or shutdown of the affected
portion of the pipeline safely.
    (d) Fatigue mitigation. Each operator must implement methods to
prevent controller fatigue that could inhibit a controller's ability to
carry out the roles and responsibilities defined by the operator. To
protect against the onset of fatigue, each operator must:
    (1) Establish shift lengths and schedule rotations that provide
controllers off-duty time sufficient to achieve eight hours of
continuous sleep;
    (2) Educate a controller and his supervisor in fatigue mitigation
strategies and how off-duty activities contribute to fatigue;
    (3) Train a controller and his supervisor to recognize and mitigate
the effects of fatigue;
    (4) Implement additional measures to monitor for fatigue when a
single controller is on duty; and
    (5) Establish a maximum limit on controller hours-of-service, which
may include an exception during an emergency with appropriate
management approval. An operator must specify emergency situations for
which a deviation from the hours-of-service maximum limit is permitted.
    (e) Alarm management. Each operator using a SCADA system must
assure appropriate controller response to alarms and notifications. An
operator must:
    (1) Review SCADA operations at least once each week for:
    (i) Events that should have resulted in alarms or event indications
that did not do so;
    (ii) Proper and timely controller response to alarms or events;
    (iii) Identification of unexplained changes in the number of alarms
or controller management of alarms;
    (iv) Identification of nuisance alarms;
    (v) Verification that the number of alarms received is not
excessive;
    (vi) Identification of instances in which alarms were acknowledged
but associated response actions were inadequate or untimely;
    (vii) Identification of abnormal or emergency operating conditions
and a review of controller response actions;
    (viii) Identification of system maintenance issues;
    (ix) Identification of systemic problems, server load, or
communication problems;
    (x) Identification of points that have been taken off scan or that
have had forced or manual values for extended periods; and
    (xi) Comparison of controller logs or shift notes to SCADA alarm
records to identify maintenance requirements or training needs.
    (2) Review SCADA configuration and alarm management operations at
least once each calendar year but at intervals not to exceed 15 months.
At a minimum, reviews must include consideration of the following
factors:
    (i) Number of alarms;
    (ii) Potential systemic issues;
    (iii) Unnecessary alarms;
    (iv) Individual controller's performance changes over time
regarding alarm or event response;
    (v) Alarm indications of abnormal operating conditions;
    (vi) Recurring combinations of abnormal operating conditions and
the inclusion of such combinations in controller training;
    (vii) Alarm indications of emergency conditions;
    (viii) Individual controller workload;
    (ix) Clarity of alarm descriptors to the controllers so controllers
fully

understand the meaning and nature of each alarm; and
    (x) Verification of correct alarm set-point values.
    (3) Promptly address all deficiencies identified in the weekly and
calendar year SCADA reviews.
    (f) Change management. Each operator must establish thorough and
frequent communications between a controller, management, and field
personnel when planning and implementing physical changes to pipeline
equipment and configuration. Field personnel must be required to
promptly notify a controller when emergency conditions exist or when
performing maintenance and making field changes.
    (1) Maintenance procedures must include tracking and repair of
controller-identified problems with the SCADA system or field
instrumentation to provide for prompt response.
    (2) SCADA system modifications must be coordinated in advance to
allow enough time for adequate controller training and familiarization
unless such modifications are made during an emergency response or
recovery operation.
    (3) An operator shall seek control room participation when pipeline
hydraulic or configuration changes are being considered.
    (4) Merger, acquisition, and divestiture plans must be developed
and used to establish and conduct controller training and qualification
prior to the implementation of any changes to the controller's
responsibilities.
    (5) Changes to alarm set-point values, automated routine software,
and relief valve settings must be communicated to the controller prior
to implementation.
    (6) An operator must thoroughly document and keep records for each
of these occurrences.
    (g) Operating experience.
    (1) Each operator must review control room operations following any
event that must be reported as an incident pursuant to 49 CFR part 191
to determine and correct, where necessary, deficiencies related to:
    (i) Controller fatigue;
    (ii) Field equipment;
    (iii) The operation of any relief device;
    (iv) Procedures;
    (v) SCADA system configuration;
    (vi) SCADA system performance;
    (vii) Accuracy, timeliness, and portrayal of field information on
SCADA displays; and
    (viii) Simulator or non-simulator training programs.
    (2) Each operator must establish a definition or threshold for
close-call events to evaluate event significance. For those events the
operator determines to be significant, the operator must conduct the
review required by paragraph (g)(1) of this section and the operator
must share the information with all controllers.
    (3) Each operator must review the accuracy and timeliness of SCADA
data and how it is portrayed on displays.
    (h) Training. Each operator must establish a training program and
review the training program content to identify potential improvements
at least once each calendar year, but at intervals not to exceed 15
months. An operator must train each controller to carry out the roles
and responsibilities defined by the operator. In addition, the training
program must include the following elements:
    (1) Responding to abnormal operating conditions likely to occur
simultaneously or in sequence.
    (2) Use of a simulator or non-computerized (tabletop) method to
train controllers to recognize abnormal operating conditions, in
particular leak and failure events. Simulations and tabletop exercises
must include representative communications between controllers and
individuals that operators would expect to be involved during actual
events. Controllers will participate in improvement and development of
tabletop or simulation training scenarios.
    (3) Providing appropriate information to the public and emergency
response personnel during emergency situations, and informing
controllers of the information being provided to the public or
emergency responders under Sec.  192.616 so that the controllers can
understand the context in which this information will be received.
    (4) On-site visits by controllers to a representative sampling of
field installations similar to those for which each controller is
responsible to familiarize themselves with the equipment and with
station personnel functions.
    (5) Review of procedures for pipeline operating setups that are
periodically, but infrequently used.
    (6) Hydraulic pipeline training that is sufficient to obtain a
thorough knowledge of the pipeline system, especially during the
development of abnormal operating conditions.
    (7) Site specific training on equipment failure modes.
    (8) Specific training on system tools available to determine a leak
or significant failure and specific training on other operator contact
protocols when there is reason to suspect a leak in a common pipeline
corridor or right-of-way.
    (i) Qualification. An operator must have a program in accordance
with subpart N of this part to determine that each controller is
qualified. An operator's procedures for the qualification of
controllers must include provisions to:
    (1) Measure and verify a controller's performance including the
controller's ability to detect abnormal and emergency conditions
promptly and to respond appropriately.
    (2) Evaluate a controller's physical abilities, including hearing,
colorblindness (color perception), and visual acuity, which could
affect the controller's ability to perform the assigned duties.
    (3) Evaluate a controller's qualifications at least once each
calendar year, but at intervals not to exceed 15 months.
    (4) Implement methods to address gradual degradation in performance
or physical abilities in a controller.
    (5) Revoke a controller's qualification for extended time off-duty
or absence (of a duration determined by the operator based on the
complexity and significance of the controller's role), inadequate
performance, impaired physical ability beyond what the operator can
accommodate, influence of drugs or alcohol, or any other reason
determined by the operator to be necessary to support the safe
operation of a pipeline facility.
    (6) Restore a revoked qualification by specifying the circumstances
for which a complete re-qualification is required, and the
circumstances for which other means of restoration may be used, such as
a period of review, shadowing, retraining, or all of these.
    (7) Document when an oral examination is used as the means of
evaluation, including the topics covered.
    (8) Prohibit individuals without a current controller qualification
from performing the duties of a controller.
    (j) Validation. An operator must have a senior executive officer
validate by signature not later than the date by which control room
management procedures must be implemented (see paragraph (a) of this
section), and annually thereafter by March 15 of each year, that the
operator has:
    (1) Conducted a review of controller qualification and training
programs and has determined both programs to be adequate;
    (2) Permitted only qualified controllers to operate the pipeline;
    (3) Implemented the requirements of this section;

    (4) Continued to address ergonomic and fatigue factors; and
    (5) Involved controllers in finding ways to sustain and improve
safety and pipeline integrity through control room management.
    (k) Compliance and deviations. An operator must maintain for review
during inspection:
    (1) Records that demonstrate compliance with the requirements of
this section; and
    (2) Documentation of decisions and analyses to support any
deviation from the procedures required by this section. An operator
must report any such deviation to PHMSA upon request, or in the case of
an intrastate pipeline facility regulated by a state, upon request by
the state pipeline safety authority.
    7. Amend Sec.  192.805 by adding paragraph (j) to read as follows:

Sec.  192.805  Qualification program.

* * * * *
    (j) Incorporate requirements applicable to controller qualification
in accordance with Sec.  192.631.

PART 193--LIQUEFIED NATURAL GAS FACILITIES: FEDERAL SAFETY
STANDARDS

    8. The authority citation for part 193 is revised to read as
follows:

    Authority: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109,
60110, 60113, 60116 and 60118, and 60137; and 49 CFR 1.53.

    9. In Sec.  193.2007 add definitions for ``alarm,'' ``control
room,'' ``controller,'' and ``Supervisory Control and Data Acquisition
System (SCADA)'' as follows:

Sec.  193.2007   Definitions.

* * * * *
    Alarm means an indication provided by SCADA or similar monitoring
system that a parameter is outside normal or expected operating
conditions.
* * * * *
    Control room means a central location or local station at which a
control panel, computerized device, or other instrument is used by a
controller to monitor or control all or part of an LNG plant.
    Controller means an individual who uses a control panel,
computerized device, or other equipment to monitor or control all or
part of an LNG plant that the individual cannot directly observe with
the naked eye. An individual who operates equipment locally, but who
cannot see the equipment respond without using a closed circuit
television system or other external device, is a controller when
performing this activity regardless of job title or whether actions are
overseen by another controller or supervisor. An individual who
performs these functions on a part time basis is considered a
controller only when performing these functions.
* * * * *
    Supervisory Control and Data Acquisition System (SCADA) means a
computer-based system that gathers field data, provides a structured
view of pipeline system or facility operations, and may provide a means
to control facility operations.
* * * * *
    10. Amend Sec.  193.2013 by adding item F. to the list in paragraph
(b) and by adding item F. to the table in paragraph (c) to read as
follows:

Sec.  193.2013   Incorporation by reference.

* * * * *
    (b) * * *
    F. American Petroleum Institute (API), 1220 L Street, NW.,
Washington, DC 20005-4070.
    (c) * * *

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

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

                              * * * * * * *
F. American Petroleum Institute (API): (1)     Sec.   193.2523(c)(1)
 API Recommended Practice 1165 ``Recommended
 Practice for Pipeline SCADA Displays,''
 (January 2007).
------------------------------------------------------------------------

    11. Revise Sec.  193.2441 to read as follows:

Sec.  193.2441  Control room.

    Each LNG plant must have a control room from which operations and
warning devices are monitored as required by this part. A control room
must have the following capabilities and characteristics:
    (a) It must be located apart or protected from other LNG facilities
so that it is operational during a controllable emergency.
    (b) Each remotely actuated control system and each automatic
shutdown control system required by this part must be operable from the
control room.
    (c) Each control room must have personnel in continuous attendance
while any of the components under its control are in operation, unless
the control is being performed from another control room that has
personnel in continuous attendance.
    (d) If more than one control room is located at an LNG Plant, each
control room must have more than one means of communication with each
other control room.
    (e) Each control room must have a means of communicating a warning
of hazardous conditions to other locations within the plant frequented
by personnel.
    12. Amend Sec.  193.2503 by adding paragraph (h) to read as
follows:

Sec.  193.2503   Operating procedures.

* * * * *
    (h) Implementing the applicable control room management procedures
required by Sec.  193.2523.
    13. Amend Sec.  193.2509 by adding paragraph (b)(5) to read as
follows:

Sec.  193.2509   Emergency procedures.

* * * * *
    (b) * * *
    (5) Actions required to be taken by a controller during an
emergency in accordance with Sec.  193.2523.
    14. Add Sec.  193.2523 to subpart F to read as follows:

Sec.  193.2523   Control room management.

    (a) General. Each operator must have and follow written control
room management procedures that implement the requirements of this
section. The procedures must be integrated, as appropriate, into the
written operating procedures manuals required by Sec.  193.2503,
written emergency procedures required by Sec.  193.2509, and written
training plans required by Sec.  193.2713. For LNG plants that exist on
[insert effective date of final rule], operators must develop the
procedures by [insert date 12 months after effective date of final
rule] and implement them by [insert date 24 months after effective date
of final rule]. For LNG plants placed in service after [insert
effective date of final rule], but before [insert date 12 months after
effective date of final rule], procedures must be developed and
implemented no later than 12 months after placing the plant in service.
For LNG plants placed in service after [insert date 12 months after the
effective date of final rule], procedures must be developed before

the plant begins operation and must be implemented when operations
commence.
    (b) Roles and responsibilities. Each operator must define the roles
and responsibilities of a controller during normal, abnormal, and
emergency operating conditions. To provide for a controller's prompt
and appropriate response to operating conditions, each operator must
define:
    (1) A controller's authority and responsibility to make decisions
and take actions during normal operations.
    (2) A controller's role when an abnormal operating condition is
detected, even if the controller is not the first to detect the
condition, including the controller's responsibility to take specific
actions and to communicate with others.
    (3) A controller's role during an emergency, even if the controller
is not the first to detect the emergency, including the controller's
responsibility to take specific actions and to communicate with others.
    (4) A method of recording when a controller is responsible for
monitoring or controlling a pipeline facility or portion thereof by
implementing an individual console or a system log-in feature or by
documenting in the shift records the time and name of each controller
who assumed the responsibility during a shift-change or other hand-over
of responsibility.
    (c) Provide adequate information. Each operator must provide each
controller with the information necessary for the controller to carry
out the roles and responsibilities defined by the operator and must
verify that a controller knows the equipment, components, and the
effects of the controller's actions on the facilities under the
controller's control. Each operator must:
    (1) Provide a controller with accurate, adequate, and timely data
concerning operation of the facility. Wherever a SCADA system is used,
the operator must implement API RP-1165 (incorporated by reference, see
Sec.  193.2013) in its entirety, unless the operator can adequately
demonstrate that a provision of API RP-1165 is not applicable or is
impracticable in the SCADA system used.
    (2) Validate that any SCADA system display accurately depicts field
equipment configuration by completing all of the following:
    (i) Conduct and document a baseline point-to-point verification
between field equipment and all SCADA system displays to verify 100
percent of the system displays. An operator must complete the baseline
verification no later than [insert date 2 years after effective date of
final rule]. An operator may use any documented point-to-point
verification completed after [insert date three years before effective
date of final rule] to meet some or all of this baseline verification.
A point-to-point verification must include equipment locations, ranges,
alarm set-point values, alarm activation, required alarm visual or
audible response, and proper equipment or software response to SCADA
system value.
    (ii) Verify that SCADA displays accurately depict field
configuration when any modification is made to field equipment or
applicable software and conduct a point-to-point verification for
associated changes.
    (iii) Perform a point-to-point verification as part of implementing
a SCADA system change for all portions of the LNG facility affected by
the change.
    (iv) Develop a plan for systematic re-verification of the accuracy
of the SCADA system display.
    (3) Establish a means for timely verbal communication among a
controller, management, and field personnel.
    (4) Identify circumstances that require field personnel to promptly
notify the controller. These circumstances must include the
identification by field personnel of a leak or situation that could
reasonably be expected to develop into an incident if left unaddressed.
    (5) Define and record critical information during each shift.
    (6) Provide for the exchange of information when a shift changes or
when another controller assumes responsibility for operations for any
reason.
    (7) Establish sufficient overlap of controller shifts to permit the
exchange of necessary information.
    (d) Fatigue mitigation. Each operator must implement methods to
prevent controller fatigue that could inhibit a controller's ability to
carry out the roles and responsibilities defined by the operator. To
protect against the onset of fatigue, each operator must:
    (1) Establish shift lengths and schedule rotations that provide
controllers off-duty time sufficient to achieve eight hours of
continuous sleep;
    (2) Educate a controller and the controller's supervisor in fatigue
mitigation strategies and how off-duty activities contribute to
fatigue;
    (3) Train a controller and his supervisor to recognize and mitigate
the effects of fatigue;
    (4) Implement additional measures to monitor for fatigue when a
single controller is on duty; and
    (5) Establish a maximum limit on controller hours-of-service, which
may include an exception during an emergency with appropriate
management approval. An operator must specify emergency situations for
which a deviation from the hours-of-service maximum limit is permitted.
    (e) Alarm management. Each operator using a SCADA system must
assure appropriate controller response to alarms and notifications. An
operator must:
    (1) Review SCADA operations at least once each week for:
    (i) Events that should have resulted in alarms or event indications
that did not do so;
    (ii) Proper and timely controller response to alarms or events;
    (iii) Identification of unexplained changes in the number of alarms
or controller management of alarms;
    (iv) Identification of nuisance alarms;
    (v) Verification that the number of alarms received is not
excessive;
    (vi) Identification of instances in which alarms were acknowledged
but associated response actions were inadequate or untimely;
    (vii) Identification of abnormal or emergency operating conditions
and a review of controller response actions;
    (viii) Identification of system maintenance issues;
    (ix) Identification of systemic problems, server load, or
communication problems;
    (x) Identification of points that have been taken off scan or that
have had forced or manual values for extended periods; and
    (xi) Comparison of controller logs or shift notes to SCADA alarm
records to identify maintenance requirements or training needs.
    (2) Review SCADA configuration and alarm management operations at
least once each calendar year but at intervals not to exceed 15 months.
At a minimum, reviews must include consideration of the following
factors:
    (i) Number of alarms;
    (ii) Potential systemic issues;
    (iii) Unnecessary alarms;
    (iv) Individual controller's performance changes over time
regarding alarm or event response;
    (v) Alarm indications of abnormal operating conditions;
    (vi) Recurring combinations of abnormal operating conditions and
the inclusion of such combinations in controller training;
    (vii) Alarm indications of emergency conditions;
    (viii) Individual controller workload;
    (ix) Clarity of alarm descriptors to the controllers so controllers
fully

understand the meaning and nature of each alarm; and
    (x) Verification of correct alarm set-point values.
    (3) Promptly address all deficiencies identified in the weekly and
calendar year SCADA reviews.
    (f) Change management. Each operator must establish thorough and
frequent communications between a controller, management, and field
personnel when planning and implementing physical changes to facility
equipment and configuration. Field personnel must be required to
promptly notify a controller when emergency conditions exist or when
performing maintenance and making field changes.
    (1) Maintenance procedures must include tracking and repair of
controller-identified problems with the SCADA system or field
instrumentation to provide for prompt response.
    (2) SCADA system modifications must be coordinated in advance to
allow enough time for adequate controller training and familiarization
unless such modifications are made during an emergency response or
recovery operation.
    (3) An operator shall seek control room participation when LNG
plant hydraulic or configuration changes are being considered.
    (4) Merger, acquisition, and divestiture plans must be developed
and used to establish and conduct controller training and qualification
prior to the implementation of any changes to the controller's
responsibilities.
    (5) Changes to alarm set-point values, automated routine software,
and relief valve settings must be communicated to the controller prior
to implementation.
    (6) An operator must thoroughly document and keep records for each
of these occurrences.
    (g) Operating experience.
    (1) Each operator must review control room operations following any
event that must be reported as an incident pursuant to 49 CFR part 191
to determine and correct, where necessary, deficiencies related to:
    (i) Controller fatigue;
    (ii) Field equipment;
    (iii) The operation of any relief device;
    (iv) Procedures;
    (v) SCADA system configuration;
    (vi) SCADA system performance;
    (vii) Accuracy, timeliness, and portrayal of field information on
SCADA displays; and
    (viii) Simulator or non-simulator training programs.
    (2) Each operator must establish a definition or threshold for
close-call events to evaluate event significance. For those events the
operator determines to be significant, the operator must conduct the
review required by paragraph (g)(1) of this section and the operator
must share the information with all controllers.
    (3) Each operator must review the accuracy and timeliness of SCADA
data and how it is portrayed on displays.
    (h) Training. Each operator must establish a training program and
review the training program content to identify potential improvements
at least once each calendar year, but at intervals not to exceed 15
months. An operator must train each controller to carry out the roles
and responsibilities defined by the operator. In addition, the training
program must include the following elements:
    (1) Responding to abnormal operating conditions likely to occur
simultaneously or in sequence.
    (2) Use of a simulator or non-computerized (tabletop) method to
train controllers to recognize abnormal operating conditions, in
particular leak and failure events. Simulations and tabletop exercises
must include representative communications between controllers and
individuals that operators would expect to be involved during actual
events. Controllers will participate in improvement and development of
tabletop or simulation training scenarios.
    (3) Providing appropriate information to the public and emergency
response personnel during emergency situations, and informing
controllers of the information being provided to the public or
emergency responders per the operator's procedures, if any, so that the
controllers can understand the context in which this information will
be received.
    (4) Review of procedures for LNG operating configurations that are
periodically, but infrequently used.
    (5) Hydraulic pipeline training that is sufficient to obtain a
thorough knowledge of the LNG plant's system, especially during the
development of abnormal operating conditions.
    (6) Site specific site training on equipment failure modes.
    (7) Specific training on system tools available to determine a leak
or significant failure.
    (i) Qualification. An operator must have a program in accordance
with Sec.  193.2707 to determine that each controller is qualified. An
operator's procedures for the qualification of controllers must include
provisions to:
    (1) Measure and verify a controller's performance including the
controller's ability to detect abnormal and emergency conditions
promptly and to respond appropriately.
    (2) Evaluate a controller's physical abilities, including hearing,
colorblindness (color perception), and visual acuity, which could
affect the controller's ability to perform the assigned duties.
    (3) Evaluate a controller's qualifications at least once each
calendar year, but at intervals not to exceed 15 months.
    (4) Implement methods to address gradual degradation in performance
or physical abilities in a controller.
    (5) Revoke a controller's qualification for extended time off-duty
or absence (of a duration determined by the operator based on the
complexity and significance of the controller's role), inadequate
performance, impaired physical ability beyond what the operator can
accommodate, influence of drugs or alcohol, or any other reason
determined by the operator to be necessary to support the safe
operation of an LNG plant.
    (6) Restore a revoked qualification by specifying the circumstances
for which a complete re-qualification is required, and the
circumstances for which other means of restoration may be used, such as
a period of review, shadowing, retraining, or all of these.
    (7) Document when an oral examination is used as the means of
evaluation, including the topics covered.
    (8) Prohibit individuals without a current controller qualification
from performing the duties of a controller.
    (j) Validation. An operator must have a senior executive officer
validate by signature not later than the date by which control room
management procedures must be implemented (see paragraph (a) of this
section), and annually thereafter by March 15 of each year, that the
operator has:
    (1) Conducted a review of controller qualification and training
programs and has determined both programs to be adequate;
    (2) Permitted only qualified controllers to operate the LNG plant;
    (3) Implemented the requirements of this section;
    (4) Continued to address ergonomic and fatigue factors; and
    (5) Involved controllers in finding ways to sustain and improve
safety through control room management.
    (k) Compliance and deviations. An operator must maintain for review
during inspection:
    (1) Records that demonstrate compliance with the requirements of
this section; and
    (2) Documentation of decisions and analyses to support any
deviation from

the procedures required by this section. An operator must report any
such deviation to PHMSA upon request, or in the case of an intrastate
pipeline facility regulated by a state, upon request by the state
pipeline safety authority.
    15. Amend Sec.  193.2713 by adding paragraph (a)(4) to read as
follows:

Sec.  193.2713  Training: operations and maintenance.

* * * * *
    (a) * * *
    (4) All controllers to carry out the control room management
procedures under Sec.  193.2523 that relate to their assigned
functions.
* * * * *

PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

    16. The authority citation for part 195 is revised to read as
follows:

    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60116,
60118, and 60137; and 49 CFR 1.53.

    17. In Sec.  195.2, add definitions for ``alarm'' ``control room,''
``controller,'' and ``Supervisory Control and Data Acquisition System
(SCADA)'' as follows:

Sec.  195.2  Definitions.

* * * * *
    Alarm means an indication provided by SCADA or similar monitoring
system that a parameter is outside normal or expected operating
conditions.
* * * * *
    Control room means a central location or local station at which a
control panel, computerized device, or other instrument is used by a
controller to monitor or control all or part of a pipeline facility or
a component of a pipeline facility.
    Controller means an individual who uses a control panel,
computerized device, or other equipment to monitor or control all or
part of a pipeline facility that the individual cannot directly observe
with the naked eye. An individual who operates equipment locally, but
who cannot see the equipment respond without using a closed circuit
television system or other external device, is a controller when
performing this activity regardless of job title or whether actions are
overseen by another controller or supervisor. An individual who
performs these functions on a part time basis is considered a
controller only when performing these functions.
* * * * *
    Supervisory Control and Data Acquisition System (SCADA) means a
computer-based system that gathers field data, provides a structured
view of pipeline system or facility operations, and may provide a means
to control pipeline operations.
* * * * *
    18. In Sec.  195.3(c), amend the table by adding item B.(18) to
read as follows:

Sec.  195.3  Incorporation by reference.

* * * * *
    (c) * * *

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

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

                              * * * * * * *
B. * * *
(18) API Recommended Practice 1165              Sec.   195.454(c)(1)
 ``Recommended Practice for Pipeline SCADA
 Displays,'' (January 2007).

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

    19. Amend Sec.  195.402 by adding paragraphs (c)(15) and (e)(10) to
read as follows:

Sec.  195.402  Procedural manual for operations, maintenance, and
emergencies.

* * * * *
    (c) * * *
    (15) Implementing the applicable control room management procedures
required by Sec.  195.454.
* * * * *
    (e) * * *
    (10) Implementing actions required to be taken by a controller
during an emergency, in accordance with Sec.  195.454.
* * * * *
    20. Add Sec.  195.454 to subpart F to read as follows:

Sec.  195.454  Control room management.

    (a) General. Each operator of a pipeline facility with at least one
controller and control room must have and follow written control room
management procedures that implement the requirements of this section.
The procedures must be integrated, as appropriate, into the operator's
written manuals of procedures required by Sec.  195.402, and written
qualification program required by Sec.  195.505. The operator must
develop and implement the procedures no later than the dates in the
table below.

------------------------------------------------------------------------
                               Develop procedures   Implement procedures
      Control room type                by:                   by:
------------------------------------------------------------------------
(1) Remote operations         [insert date 12       [insert date 24
 (control and/or monitoring)   months after          months after
 of pipelines.                 effective date of     effective date of
                               final rule].          final rule].
(2) Remote operations of      [insert date 24       [insert date 30
 equipment within a single     months after          months after
 site (e.g., pump station).    effective date of     effective date of
                               final rule].          final rule].
(3) Pipelines with local      [insert date 30       [insert date 30
 control only.                 months after          months after
                               effective date of     effective date of
                               final rule].          final rule].
(4) Control rooms or local    12 months after       12 months after
 control stations placed in    placement in          placement in
 service after [insert         service.              service.
 effective date of the final
 rule], but before [insert
 date 12 months after the
 effective date of final
 rule].
(5) Control rooms or local    Before placing in     Upon placing in
 control stations placed in    service.              service.
 service after [insert date
 12 months after the
 effective date of final
 rule].
------------------------------------------------------------------------

    (b) Roles and responsibilities. Each operator must define the roles
and responsibilities of a controller during normal, abnormal, and
emergency operating conditions. To provide for a controller's prompt
and appropriate response to operating conditions, each operator must
define:
    (1) A controller's authority and responsibility to make decisions
and take actions during normal operations.

    (2) A controller's role when an abnormal operating condition is
detected, even if the controller is not the first to detect the
condition, including the controller's responsibility to take specific
actions and to communicate with others.
    (3) A controller's role during an emergency, even if the controller
is not the first to detect the emergency, including the controller's
responsibility to take specific actions and to communicate with others.
    (4) A controller's responsibility to provide timely notification
and coordination with the operator of another pipeline in a common
corridor when a leak or failure is suspected, including upon receipt of
a notification from the public concerning a suspected leak on an asset
owned or operated by the other company but located in the same common
corridor or right-of-way.
    (5) A method of recording when a controller is responsible for
monitoring or controlling any portion of a pipeline facility by
implementing an individual console or a system log-in feature or by
documenting in the shift records the time and name of each controller
who assumed the responsibility during a shift-change or other hand-over
of responsibility.
    (c) Provide adequate information. Each operator must provide each
controller with the information necessary for the controller to carry
out the roles and responsibilities defined by the operator and must
verify that a controller knows the equipment, components and the
effects of the controller's actions on the pipeline or pipeline
facilities under the controller's control. Each operator must:
    (1) Provide a controller with accurate, adequate, and timely data
concerning operation of the pipeline facility. Wherever a SCADA system
is used, the operator must implement API RP-1165 (incorporated by
reference, see Sec.  195.3) in its entirety, unless the operator can
adequately demonstrate that a provision of API RP-1165 is not
applicable or is impracticable in the SCADA system used.
    (2) Validate that any SCADA system display accurately depicts field
equipment configuration by completing all of the following:
    (i) Conduct and document a point-to-point baseline verification
between field equipment and all SCADA system displays to verify 100
percent of the system displays. An operator must complete the baseline
verification no later than [insert date three years after effective
date of final rule] or by [insert date one year after effective date of
final rule] for an operator of a pipeline system containing less than
500 miles of pipeline. An operator may use any documented point-to-
point verification completed after [insert date three years before
effective date of final rule] to meet some or all of this baseline
verification. A point-to-point verification must include equipment
locations, ranges, alarm set-point values, alarm activation, required
alarm visual or audible response, and proper equipment or software
response to SCADA system values.
    (ii) Verify that SCADA displays accurately depict field
configuration when any modification is made to field equipment or
applicable software and conduct a point-to-point verification for
associated changes.
    (iii) Perform a point-to-point verification as part of implementing
a SCADA system change for all portions of the pipeline system or
facility affected by the change.
    (iv) Develop a plan for systematic re-verification of the accuracy
of the SCADA system display.
    (3) Establish a means for timely verbal communication among a
controller, management, and field personnel.
    (4) Identify circumstances that require field personnel to promptly
notify the controller. These circumstances must include the
identification by field personnel of a leak or situation that could
reasonably be expected to develop into an accident if left unaddressed.
    (5) Define and record critical information during each shift.
    (6) Provide for the exchange of information when a shift changes or
when another controller assumes responsibility for operations for any
reason.
    (7) Establish sufficient overlap of controller shifts to permit the
exchange of necessary information.
    (8) Periodically test and verify a backup communication system or
provide adequate means for manual operation or shutdown of the affected
portion of the pipeline safely.
    (d) Fatigue mitigation. Each operator must implement methods to
prevent controller fatigue that could inhibit a controller's ability to
carry out the roles and responsibilities defined by the operator. To
protect against the onset of fatigue, each operator must:
    (1) Establish shift lengths and schedule rotations that provide
controllers off-duty time sufficient to achieve eight hours of
continuous sleep;
    (2) Educate a controller and his supervisor in fatigue mitigation
strategies and how off-duty activities contribute to fatigue;
    (3) Train a controller and his supervisor to recognize and mitigate
the effects of fatigue;
    (4) Implement additional measures to monitor for fatigue when a
single controller is on duty; and
    (5) Establish a maximum limit on controller hours-of-service, which
may include an exception during an emergency with appropriate
management approval. An operator must specify emergency situations for
which a deviation from the hours-of-service maximum limit is permitted.
    (e) Alarm management. Each operator using a SCADA system must
assure appropriate controller response to alarms and notifications. An
operator must:
    (1) Review SCADA operations at least once each week for:
    (i) Events that should have resulted in alarms or event indications
that did not do so;
    (ii) Proper and timely controller response to alarms or events;
    (iii) Identification of unexplained changes in the number of alarms
or controller management of alarms;
    (iv) Identification of nuisance alarms;
    (v) Verification that the number of alarms received is not
excessive;
    (vi) Identification of instances in which alarms were acknowledged
but associated response actions were inadequate or untimely;
    (vii) Identification of abnormal or emergency operating conditions
and a review of controller response actions;
    (viii) Identification of system maintenance issues;
    (ix) Identification of systemic problems, server load, or
communication problems;
    (x) Identification of points that have been taken off scan or that
have had forced or manual values for extended periods; and
    (xi) Comparison of controller logs or shift notes to SCADA alarm
records to identify maintenance requirements or training needs.
    (2) Review SCADA configuration and alarm management operations at
least once each calendar year but at intervals not to exceed 15 months.
At a minimum, reviews must include consideration of the following
factors:
    (i) Number of alarms;
    (ii) Potential systemic issues;
    (iii) Unnecessary alarms;
    (iv) Individual controller's performance changes over time
regarding alarm or event response;
    (v) Alarm indications of abnormal operating conditions;
    (vi) Recurring combinations of abnormal operating conditions and
the inclusion of such combinations in controller training;

    (vii) Alarm indications of emergency conditions;
    (viii) Individual controller workload;
    (ix) Clarity of alarm descriptors to the controllers so controllers
fully understand the meaning and nature of each alarm; and
    (x) Verification of correct alarm set-point values.
    (3) Promptly address all deficiencies identified in the weekly and
calendar year SCADA reviews.
    (f) Change management. Each operator must establish thorough and
frequent communications between a controller, management, and field
personnel when planning and implementing physical changes to pipeline
equipment and configuration. Field personnel must be required to
promptly notify a controller when emergency conditions exist or when
performing maintenance and making field changes.
    (1) Maintenance procedures must include tracking and repair of
controller-identified problems with the SCADA system or field
instrumentation to provide for prompt response.
    (2) SCADA system modifications must be coordinated in advance to
allow enough time for adequate controller training and familiarization
unless such modifications are made during an emergency response or
recovery operation.
    (3) An operator shall seek control room participation when pipeline
hydraulic or configuration changes are being considered.
    (4) Merger, acquisition, and divestiture plans must be developed
and used to establish and conduct controller training and qualification
prior to the implementation of any changes to the controller's
responsibilities.
    (5) Changes to alarm set-point values, automated routine software,
and relief valve settings must be communicated to the controller prior
to implementation.
    (6) An operator must thoroughly document and keep records for each
of these occurrences.
    (g) Operating experience.
    (1) Each operator must review control room operations following any
event that must be reported as an accident pursuant to Sec.  195.50
determine and correct, where necessary, deficiencies related to:
    (i) Controller fatigue;
    (ii) Field equipment;
    (iii) The operation of any relief device;
    (iv) Procedures;
    (v) SCADA system configuration;
    (vi) SCADA system performance;
    (vii) Accuracy, timeliness, and portrayal of field information on
SCADA displays; and
    (viii) Simulator or non-simulator training programs.
    (2) Each operator must establish a definition or threshold for
close-call events to evaluate event significance. For those events the
operator determines to be significant, the operator must conduct the
review required by paragraph (g)(1) of this section and the operator
must share the information with all controllers.
    (3) Each operator must review the accuracy and timeliness of SCADA
data and how it is portrayed on displays.
    (h) Training. Each operator must establish a training program and
review the training program content to identify potential improvements
at least once each calendar year, but at intervals not to exceed 15
months. An operator must train each controller to carry out the roles
and responsibilities defined by the operator. In addition, the training
program must include the following elements:
    (1) Responding to abnormal operating conditions likely to occur
simultaneously or in sequence.
    (2) Use of a simulator or non-computerized (tabletop) method to
train controllers to recognize abnormal operating conditions, in
particular leak and failure events. Simulations and tabletop exercises
must include representative communications between controllers and
individuals that operators would expect to be involved during actual
events. Controllers will participate in improvement and development of
tabletop or simulation training scenarios.
    (3) Providing appropriate information to the public and emergency
response personnel during emergency situations, and informing
controllers of the information being provided to the public or
emergency responders under Sec.  195.440 so that the controllers can
understand the context in which this information will be received.
    (4) On-site visits by controllers to a representative sampling of
field installations similar to those for which each controller is
responsible to familiarize themselves with the equipment and with
station personnel functions.
    (5) Review of procedures for pipeline operating setups that are
periodically, but infrequently used.
    (6) Hydraulic pipeline training that is sufficient to obtain a
thorough knowledge of the pipeline system, especially during the
development of abnormal operating conditions.
    (7) Site specific training on equipment failure modes.
    (8) Specific training on system tools available to determine a leak
or significant failure and specific training on other operator contact
protocols when there is reason to suspect a leak in a common pipeline
corridor or right-of-way.
    (i) Qualification. An operator must have a program in accordance
with subpart G of this part to determine that each controller is
qualified. An operator's procedures for the qualification of
controllers must include provisions to:
    (1) Measure and verify a controller's performance including the
controller's ability to detect abnormal and emergency conditions
promptly, and to respond appropriately.
    (2) Evaluate a controller's physical abilities, including hearing,
colorblindness (color perception), and visual acuity, which could
affect the controller's ability to perform the assigned duties.
    (3) Evaluate a controller's qualifications at least once each
calendar year, but at intervals not to exceed 15 months.
    (4) Implement methods to address gradual degradation in performance
or physical abilities in a controller.
    (5) Revoke a controller's qualification for extended time off-duty
or absence (of a duration determined by the operator based on the
complexity and significance of the controller's role), inadequate
performance, impaired physical ability beyond what the operator can
accommodate, influence of drugs or alcohol, or any other reason
determined by the operator to be necessary to support the safe
operation of a pipeline facility.
    (6) Restore a revoked qualification by specifying the circumstances
for which a complete re-qualification is required, and the
circumstances for which other means of restoration may be used, such as
a period of review, shadowing, retraining, or all of these.
    (7) Document when an oral examination is used as the means of
evaluation, including the topics covered.
    (8) Prohibit individuals without a current controller qualification
from performing the duties of a controller.
    (j) Validation. An operator must have a senior executive officer
validate by signature not later than the date by which control room
management procedures must be implemented (see paragraph (a) of this
section), and annually thereafter by June 15 of each year, that the
operator has:
    (1) Conducted a review of controller qualification and training
programs and has determined both programs to be adequate;

    (2) Permitted only qualified controllers to operate the pipeline;
    (3) Implemented the requirements of this section;
    (4) Continued to address ergonomic and fatigue factors; and
    (5) Involved controllers in finding ways to sustain and improve
safety and pipeline integrity through control room management.
    (k) Compliance and deviations. An operator must maintain for review
during inspection:
    (1) Records that demonstrate compliance with the requirements of
this section; and
    (2) Documentation of decisions and analyses to support any
deviation from the procedures required by this section. An operator
must report any such deviation to PHMSA upon request, or in the case of
an intrastate pipeline facility regulated by a state, upon request by
the state pipeline safety authority.
    21. Amend Sec.  195.505 by adding paragraph (j) to read as follows:

Sec.  195.505   Qualification program.

* * * * *
    (j) Incorporate requirements applicable to controller qualification
in accordance with Sec.  195.454.

    Issued in Washington, DC, on September 2, 2008.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
 [FR Doc. E8-20701 Filed 9-11-08; 8:45 am]

BILLING CODE 4910-60-P


[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Notices]
[Pages 26594-26597]
[FR Doc No: 2021-10169]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91801; File No. SR-CboeBZX-2021-035]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing of a Proposed Rule Change Relating to the Exchange's Process for
Re-Opening Securities Listed on Other National Securities Exchanges
Following the Resumption of Trading After a Halt, Suspension, or Pause
During the Early Trading Session, Pre-Opening Session, or After Hours
Trading Session

May 10, 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 26, 2021, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes a rule change is to amend the Exchange's
process for re-opening securities listed on other national securities
exchanges following the resumption of trading after a halt, suspension,
or pause during the Early Trading Session, Pre-Opening Session, or
After Hours Trading Session.
    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 purpose of the proposed rule change is to amend the Exchange's
process for re-opening securities listed on other national securities
exchanges following the resumption of trading after a halt, suspension,
or pause during the Early Trading Session,\3\ Pre-Opening Session,\4\
or After Hours Trading Session.\5\ BZX Rule 11.24 describes the
Exchange's opening process for securities listed on other national
securities exchanges, including the process for re-opening such
securities following the resumption of trading after a halt,
suspension, or pause. On November 5, 2020, the Exchange filed a

proposed rule change to amend its re-opening process pursuant to BZX
Rule 11.24 for securities listed on the New York Stock Exchange LLC
(``NYSE'') following the resumption of trading after a halt,
suspension, or pause during the Early Trading Session, Pre-Opening
Session, or After Hours Trading Session.\6\ That filing was approved by
the Commission on December 28, 2020.\7\ The Exchange now proposes to
further amend BZX Rule 11.24 to adopt a harmonized re-opening process
for securities listed on NYSE (``Tape A''), securities listed on
exchanges other than The Nasdaq Stock Market LLC (``Nasdaq'') and NYSE
(``Tape B''); and securities listed on Nasdaq (``Tape C'') following
the resumption of trading after a halt, suspension, or pause during the
Early Trading Session, Pre-Opening Session, or After Hours Trading
Session. The Exchange believes that the proposed harmonized process for
Tape A, B, and C securities would simplify its procedures and provide a
more effective re-opening process for securities that resume trading
outside of Regular Trading Hours.\8\
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    \3\ The term ``Early Trading Session'' means the time between
7:00 a.m. and 8:00 a.m. Eastern Time. See BZX Rule 1.5(ee).
    \4\ The term ``Pre-Opening Session'' means the time between 8:00
a.m. and 9:30 a.m. Eastern Time. See BZX Rule 1.5(r).
    \5\ The term ``After Hours Trading Session'' means the time
between 4:00 p.m. and 8:00 p.m. Eastern Time. See BZX Rule 1.5(c).
    \6\ See Securities Exchange Act Release No. 90420 (November 13,
2020), 85 FR 73832 (November 19, 2020) (SR-CboeBZX-2020-083).
    \7\ See Securities Exchange Act Release No. 90804 (December 28,
2020), 86 FR 158 (January 4, 2021) (Approval Order).
    \8\ The term ``Regular Trading Hours'' means the time between
9:30 a.m. and 4:00 p.m. Eastern Time. See BZX Rule 1.5(w).
---------------------------------------------------------------------------

    As amended pursuant to SR-CboeBZX-2020-083, BZX Rule 11.24(e)(3)
provides that during the Early Trading Session, Pre-Opening Session, or
After Hours Trading Session, Tape A securities that resume trading
after a halt, suspension, or pause will be automatically re-opened
pursuant to the Exchange's contingent open procedures, as described in
BZX Rule 11.24(d), after one second has passed following the Exchange's
receipt of the first NBBO following such resumption of trading. This
rule was adopted to automate the prior manual process that would
otherwise be used to initiate the re-opening of Tape A securities when
NYSE was not open for trading. Consistent with that intent, the
Exchange proposed to continue to re-open Tape A securities using the
same contingent open procedures that would apply when the Exchange
manually initiated its re-opening process pursuant to BZX Rule
11.24(e)(2). As a result, when the Exchange re-opens Tape A securities
during pre- and post-market trading sessions today, orders are handled
in time sequence and placed on the BZX Book, routed, cancelled, or
executed in accordance with the terms of the order. This differs from
the standard processed used by the Exchange during Regular Trading
Hours, where the Exchange seeks to execute queued orders at the
midpoint of the national best bid or offer (``NBBO'').\9\ After
additional consideration, the Exchange believes that market
participants and investors would be better served by utilizing its
standard midpoint re-opening in these circumstances as doing so would
promote greater consistency with the process used by the Exchange in
other circumstances and may generally provide executions that better
reflect the applicable market for the security.
---------------------------------------------------------------------------

    \9\ See BZX Rule 11.24(e)(1).
---------------------------------------------------------------------------

    The Exchange therefore proposes to amend BZX Rule 11.24(e) such
that the process for re-opening Tape A securities after the Exchange
has determined to initiate a re-opening would generally mirror the
standard process described in BZX Rule 11.24(e)(1), which as discussed
is designed to provide an execution at the midpoint of the NBBO. The
determination of whether to re-open such Tape A securities would,
however, continue to follow the process discussed in SR-CboeBZX-2020-
083. Thus, during the Early Trading Session, Pre-Opening Session, or
After Hours Trading Session, the re-opening process for Tape A
securities would occur at the midpoint of the NBBO after one second has
passed following the Exchange's receipt of the first NBBO following the
resumption of trading after a halt, suspension, or pause. Although the
Exchange has determined to use a midpoint re-opening process similar to
that currently described in BZX Rule 11.24(e)(1), for the reasons
discussed in SR-CboeBZX-2020-083, it remains important that the trigger
for initiating this process outside of Regular Trading Hours not be
tied to the resumption of trading on the primary listing market as NYSE
does not trade its listed securities at times when the Exchange is open
for pre- and post-market trading.
    In addition, the Exchange proposes to amend the process for re-
opening Tape B and C securities to mirror the proposed process for Tape
A securities, except that the Exchange would require the primary
listing market to have begun quoting the security before it initiates
its own re-opening process. As explained in SR-CboeBZX-2020-083, the
Exchange amended BZX Rule 11.24 to permit Tape A securities listed on
NYSE to re-open based on quoting activity on other national securities
exchanges during pre- and post-market trading when NYSE does not trade
its listed securities. However, this limitation does not exist for Tape
B or C securities as the applicable primary listing markets for those
securities each offer pre- and post-market trading sessions where
market participants can trade their listed securities.\10\ As a result,
the Exchange believes that it is desirable for Tape B and C securities
to be opened on the Exchange only after the primary listing exchange
has begun trading its listed securities, consistent with the current
BZX Rule 11.24(e), which would continue to be applied during Regular
Trading Hours. However, similar to the proposed process for re-opening
Tape A securities, the Exchange would simplify the triggers for re-
opening trading pursuant to BZX Rule 11.24(e)(1) such that its re-
opening process for Tape B and C securities during the Early Trading
Session, Pre-Opening Session, and After Hours Trading Session would
occur at the midpoint of the NBBO after one second has passed following
the publication of the first two-sided quotation by the listing
exchange following the resumption of trading after a halt, suspension,
or pause. In its effort to simplify the re-opening process employed
during these timeframes, the Exchange would not retain a separate
trigger to allow the re-opening process to be initiated immediately
when the Exchange receives both a two-sided quotation and a trade from
the listing exchange.
---------------------------------------------------------------------------

    \10\ See Nasdaq Rules, Equity 1, Section 1(a)(9); NYSE Arca,
Inc. Rule 7.34-E(a); NYSE American LLC Rule 7.34E(a).
---------------------------------------------------------------------------

    Finally, the Exchange proposes to make a number of structural
changes to BZX Rule 11.24(e) to facilitate the amendments described
above. First, the Exchange proposes to structure BZX Rule 11.24(e)(1)
such that it would contain subparagraphs (A), (B), and (C), which each
would describe applicable differences between the Exchange's opening
process at the beginning of the Regular Trading Session, as described
in BZX Rule 11.24(a)(2) and (b), and the re-opening process employed by
the Exchange after a halt. As amended, (1) BZX Rule 11.24(e)(1)(A)
would describe the types of orders that are eligible for participation
in the re-opening process; (2) BZX Rule 11.24(e)(2)(B) would describe
the Exchange's current re-opening process, which the Exchange now
proposes to limit to Regular Trading Hours; and (3) BZX Rule
11.24(e)(2)(C) would contain language discussed above that describes
the Exchange's re-opening process during the Early Trading Session,
Pre-Opening Session, or After Hour Trading Session,

i.e., for Tape A, B, and C securities.\11\ Second, the Exchange
proposes to amend BZX Rule 11.24(e)(2) to reflect the changes discussed
above. As amended, the lead in to BZX Rule 11.24(e)(2) would state that
this section applies where the conditions required to establish the
price of the re-opening process in the now restructured BZX Rule
11.24(e)(1)(B) or (C) have not occurred, which reflects the now
renumbered sections of the rule, including language that is in current
BZX Rule 11.24(e)(1) and BZX Rule 11.24(e)(3).\12\
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    \11\ The Exchange would also eliminate BZX Rule 11.24(e)(3),
which currently addresses the re-opening of Tape A securities listed
on NYSE during pre- and post-market trading. As discussed, the
Exchange is proposing to harmonize the process for re-opening Tape
A, B, and C securities outside of Regular Trading Hours, and the
harmonized process discussed in this proposed rule change would be
described in BZX Rule 11.24(e)(2)(C).
    \12\ The Exchange would also eliminate language that states that
this section applies when the security has not otherwise been re-
opened for trading on the Exchange pursuant to BZX Rule 11.24(e)(3).
As discussed, the content of BZX rule 11.24(e)(3) would be moved to
BZX Rule 11.24(e)(1)(C) with further amendments as discussed herein.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act,\13\ in general, and
Section 6(b)(5) of the Act,\14\ in particular, in that it is designed
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest and not to permit unfair discrimination between
customers, issuers, brokers, or dealers. The Exchange believes that the
proposed rule change is consistent with the protection of investors and
the public interest as it would implement a streamlined process for re-
opening Tape A, B, and C securities during the Early Trading Session,
Pre-Opening Session, or After Hours Trading Session.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange currently employs different processes for re-opening
Tape A, B, and C securities during pre- and post-market trading. The
Exchange believes, however, that market participants would be better
served by a harmonized process that: (1) Ensures that the Exchange's
automated re-opening process executes orders at the midpoint of the
NBBO; and (2) eliminates unnecessary distinctions between the process
utilized for Tape A, B, and C securities. Executing the Exchange's re-
opening process during pre- and post-market trading at the midpoint of
the NBBO is beneficial to market participants as the NBBO midpoint may
more closely reflect market prices and conditions for the security
being re-opened. As a result, the Exchange believes that using the NBBO
midpoint to price its re-opening process for all securities would help
to promote a fair and orderly market. In addition, using generally
consistent triggers for initiating the Exchange's re-opening process in
Tape A, B, and C securities that resume trading during pre- and post-
market trading sessions would reduce the overall complexity of the re-
opening process employed during these timeframes. The Exchange notes,
however, that it would nevertheless require the primary listing market
to begin trading its own securities prior to re-opening trading on the
Exchange in Tape B and C securities. This limitation would not apply to
Tape A securities that NYSE does not trade outside of its regular
trading session as doing so would require unnecessary and inefficient
manual intervention by the Exchange to manually initiate trading, as
was the case prior to the filing and Commission approval of SR-CboeBZX-
2020-083. The Exchange believes that this distinction continues to be
appropriate as it is based on applicable differences between each
primary listing market's hours of operation and would continue to
promote a more streamlined automated process for initiating the re-
opening process in Tape A securities at times when NYSE does not trade
its own listed securities.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
designed to facilitate a more efficient and harmonized re-opening
process for all securities that resume trading outside of Regular
Trading Hours, and is not designed to address any competitive issues.
All members would have their orders handled in the same manner based on
the proposed changes to the Exchange's re-opening process, and other
national securities exchanges are free to adopt the same or similar
processes if they believe that the proposed process is beneficial for
their own members. The Exchange therefore does not believe that the
proposed rule change would have any significant impact on competition.

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

    No written comments were solicited or received on the proposed rule
change.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBZX-2021-035 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-2021-035. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the

provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of 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-CboeBZX-2021-035 and should
be submitted on or before June 4, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-10169 Filed 5-13-21; 8:45 am]
BILLING CODE 8011-01-P