[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Page 52898]
[FR Doc No: 2017-24682]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP18-148-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Filing (SPS Nov 17) to be effective 11/10/2017.
    Filed Date: 11/7/17.
    Accession Number: 20171107-5098.
    Comments Due: 5 p.m. ET 11/20/17.

    Docket Numbers: RP18-149-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Nov 2017 Removal of Statements
of Negotiated Rates to be effective 12/8/2017.
    Filed Date: 11/8/17.
    Accession Number: 20171108-5015.
    Comments Due: 5 p.m. ET 11/20/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 8, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-24682 Filed 11-14-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: October 1, 2008 (Volume 73, Number 191)]
[Notices]
[Page 57094-57095]
[DOCID:fr01oc08-71]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0353; FRL-8723-6]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Motor Vehicle Emissions and Fuel
Economy Compliance: Light Duty Vehicles, Light Duty Trucks, and Highway
Motorcycles (Renewal); EPA ICR No. 0783.54, OMB Control No. 2060-0104

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before October 31,
2008.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2008-0353, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Air and Radiation Docket, Mailcode 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to:
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Lynn Sohacki, Compliance and
Innovative Strategies Division, Office of Transportation and Air
Quality, Environmental Protection Agency, 2000 Traverwood, Ann Arbor,
Michigan, 48105; telephone number:<PHONE_NUMBER>; fax number: 734-214-
4869; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 20, 2008 (73 FR 29133), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2008-0353, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air and
Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
202-566-1744, and the telephone number for the Air and Radiation Docket
is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: Motor Vehicle Emissions and Fuel Economy Compliance: Light
Duty Vehicles, Light Duty Trucks, and Highway Motorcycles (Renewal)
    ICR numbers: EPA ICR No. 0783.54, OMB Control No. 2060-0104
    ICR Status: This ICR is scheduled to expire on November 30, 2008.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: Under the Clean Air Act (42 U.S.C. 7521 et seq.),
manufacturers of light duty vehicles (passenger cars), light trucks,
and highway motorcycles must have a certificate of conformity issued by
EPA covering any vehicle they intend to offer for sale. In addition,
light duty vehicles and light truck manufacturers must also submit fuel
economy information and reports required by the Energy Policy and
Conservation Act (49 U.S.C. 32901 et seq.). EPA reviews vehicle
information and test data to determine if the vehicle design conforms
to applicable requirements and to verify that the required testing has
been performed. After certification, features of these programs covered
by this ICR include the Manufacturers' In-Use Testing Program for
light-duty vehicles, and submission of Defect Reports and Voluntary
Emissions Recall Reports for light-duty vehicles and highway
motorcycles to EPA. Until a vehicle is available for purchase,
information is confidential. Some proprietary information is
permanently confidential.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 335
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: manufacturers of light duty
vehicles, light duty trucks, and highway motorcycles for sale in the
United States.
    Estimated Number of Respondents: 160.
    Frequency of Response: yearly and occasionally.
    Estimated Total Annual Hour Burden: 645,259.
    Estimated Total Annual Cost: $57,764,535, which includes $5,348,350
in capital and start-up costs, $14,364,735 in O&M costs, and
$38,051,450 in labor costs.
    Changes in the Estimates: There is a decrease of 2,685 hours in the
total

estimated burden currently identified in the OMB Inventory of Approved
ICR Burdens. This change is the result of many corrections, with a
moderate increase in light-duty emissions hours and smaller increases
in the fuel economy, motorcycle, and defect-reporting programs offset
by a moderate decrease in IUVP hours reflecting efficiencies in that
program due to the completion of EPA audits of manufacturer IUVP
procedures and the maturing of the program, which was a startup at the
time of the last renewal.

    Dated: September 25, 2008.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
 [FR Doc. E8-23146 Filed 9-30-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: November 12, 2009 (Volume 74, Number 217)]
[Notices]
[Page 58341-58345]
[DOCID:fr12no09-117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60922; File No. SR-NYSE-2009-105]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Adopting NYSE Rule 49 To
Provide the Exchange With the Authority To Declare an Emergency
Condition With Respect to Trading on or Through the Systems and
Facilities of the Exchange and To Transfer Trading of Exchange-Listed
Securities to Its Corporate Affiliate, NYSE Arca, Inc.

November 3, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 13, 2009, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange

Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
self-regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 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 to adopt NYSE Rule 49 to provide the Exchange
with the authority to declare an Emergency Condition (defined below)
with respect to trading on or through the systems and facilities of the
Exchange and to transfer trading of Exchange-listed securities to its
corporate affiliate, NYSE Arca, Inc. (``NYSE Arca'') as necessary in
the public interest and for the protection of investors. The text of
the proposed rule change is available at the Exchange, the Commission's
Public Reference Room, and http://www.nyse.com.

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

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

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

1. Purpose
    The Exchange is proposing to adopt NYSE Rule 49 to provide the
Exchange with the authority to declare an Emergency Condition with
respect to trading on or through the systems and facilities of the
Exchange (for the purposes of this filing, an ``Emergency Condition'')
and to act as necessary in the public interest and for the protection
of investors.\4\
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    \4\ NYSE Arca has submitted a companion filing to provide for
the same emergency authority proposed herein. See SR-NYSEArca-2009-
90.
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    This rule filing responds to an initiative of the Commission to
ensure that regulatory agencies and self-regulatory organizations have
rules and procedures in place to effectively address an Emergency
Condition. The Exchange has been participating as a member of the
inter-regulatory ``Pandemic Planning and Regulatory Coordination
Working Group,'' which is working on developing effective strategies
and coordination among regulators to prepare for an Emergency
Condition.
    As described more fully below, the authority contemplated in the
proposed rule could be exercised when, due to an Emergency Condition,
the NYSE Euronext facilities located at 11 Wall Street, New York, New
York, including the NYSE Trading Floor, are inoperable. In this
situation, the Exchange has made arrangements for trading to be
conducted using the systems and facilities of corporate affiliate NYSE
Arca.
    Proposed NYSE Rule 49 is intended to be invoked only in the event
of emergencies as defined in Section 12(k)(7) of the Act.\5\ As
proposed, the rule would provide the Exchange with regulatory
flexibility to mitigate the effects of an Emergency Condition so that
the securities markets in general, and, as a primary market, the
Exchange's systems and facilities in particular, may continue to
perform in a manner consistent with the protection of investors and in
pursuit of the public interest.
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    \5\ 15 U.S.C. 78l(k)(7). [sic]
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Proposed NYSE Rule 49
    Under current Exchange rules, in the event of an Emergency
Condition that would impact the Exchange's ability to operate normally,
the Exchange does not currently have authority to transfer trading to
the systems and facilities of NYSE Arca. The Exchange proposes to add
NYSE Rule 49 to provide such authority to the Exchange, working in
conjunction with NYSE Arca. As defined in the proposed rule, such
authority would be available only in the rare event of exigent
circumstances that would prevent the Exchange from operating normally,
such as a pandemic or similar occurrence that affects its facilities in
New York City.
    The proposed rule would provide the Exchange with emergency powers
so that in the event of an Emergency Condition, the Exchange can act as
necessary in the public interest and for the protection of investors.
As noted above, to ensure consistency among the Commission and other
exchanges, the Exchange proposes adopting the definition of
``emergency'' set forth in Section 12(k)(7) of the Act. Such definition
is broad enough to ensure that the Exchange will have the authority to
invoke its emergency powers as necessary to respond to both regional
and national emergencies, such as a pandemic crisis, or other
situations where trading on the Exchange's Trading Floor is
substantially impaired, such as by government action or environmental
causes.
    Under the proposed rule, when an Emergency Condition exists that
would prevent the Exchange from operating normally, a ``qualified
Exchange officer'' would have the authority to declare an Emergency
Condition with respect to trading on or through the systems and
facilities of the Exchange and as necessary in the public interest and
for the protection of investors. A ``qualified Exchange officer'' is
defined as the NYSE Euronext Chief Executive Officer or his or her
designee, or the NYSE Regulation Inc. (``NYSER'') Chief Executive
Officer or his or her designee. In the event that none of these
individuals is able to assume this responsibility due to
incapacitation, the next most senior officer of NYSE Euronext or NYSER
would be a ``qualified Exchange officer'' for purposes of the proposed
rule.
Emergencies During Which the Trading Floor Is Inoperable
    To address emergencies that are so disruptive as to render the
Trading Floor effectively inoperable, the Exchange has developed a
contingency plan that would allow for the receipt, processing and
execution of Exchange orders on or through the systems and facilities
of NYSE Arca.\6\ This designation of NYSE Arca as a back-up facility of
the NYSE requires several accommodations that are addressed either in
this rule filing or in the companion rule filing by NYSE Arca regarding
its own business continuity planning.\7\
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    \6\ NYSE Arca trades equity securities on the systems and
facilities of its wholly owned subsidiary, NYSE Arca Equities, Inc.,
referred to as the ``NYSE Arca Marketplace''. For the purposes of
this filing and in the text of proposed NYSE Rule 49, these shall be
referred to collectively as the systems and facilities of NYSE Arca.
    \7\ See SR-NYSEArca-2009-90.
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1. Use of NYSE Arca Trading Systems and Facilities
    Under the proposed arrangement between the two exchanges, the
systems and facilities of NYSE Arca would effectively become the
systems and facilities of the NYSE, such that NYSE members, member
organizations and Sponsored Participants \8\ would be able

to submit bids and offers and execute trades in NYSE-listed securities
on or through the systems and facilities of NYSE Arca, regardless of
whether such members, member organizations or Sponsored Participants
are members or sponsored participants of NYSE Arca at the time the
Emergency Condition is declared (see part 2 below). During these times,
quotes or orders of NYSE-listed securities entered or executed on or
through the systems and facilities of NYSE Arca would be published as
quotes and executions of the NYSE (see part 3 below).\9\
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    \8\ A ``Sponsored Participant'' is a person (as defined in NYSE
Rule 2(e)) who has entered into a sponsorship arrangement with a
Sponsoring Member Organization to obtain authorized access to the
Exchange pursuant to this rule. See NYSE Rule 123B.30(a)(ii)(B). A
``Sponsoring Member Organization'' is a NYSE member or member
organization that enters into a written sponsorship agreement to
provide a Sponsored Participant with authorized access to the
Exchange. See NYSE Rule 123B.30(a)(ii)(A).
    \9\ Currently, NYSE Arca trades NYSE-listed securities on a UTP
basis. However, in the event of the declaration of an Emergency
Condition under proposed NYSE Rule 49 such that the Exchange's
Trading Floor is inoperable and trading is conducted on or through
the systems and facilities of NYSE Arca, NYSE-listed securities
traded on NYSE Arca's trading platform would be NYSE trades rather
than NYSE Arca trades. Under such circumstances, the Exchange would
use NYSE Arca as the execution engine for NYSE trades and would
ensure that these trades are executed in compliance with Regulation
NMS.
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    Under such circumstances, the Exchange would broadcast to the
market using any and all methods available that it has declared an
Emergency Condition and would then halt all trading conducted on the
Exchange's Trading Floor. All unexecuted orders would remain on the
Exchange's systems unless cancelled by the entering member or member
organization. The Exchange would open trading on the systems and
facilities of NYSE Arca as soon thereafter as possible, but not earlier
than at least the next trading day. As soon as practicable following
the commencement of trading on the systems and facilities of NYSE Arca,
any unexecuted orders shall be purged from the Exchange's own systems
and facilities.
    It is important to note that, in the event that the Exchange's
Trading Floor is rendered inoperable, it is not technically feasible
for the Exchange to route unexecuted orders from the Trading Floor to
the systems and facilities of NYSE Arca. As a result, NYSE members and
member organizations are required to have corresponding contingency
plans for changing the routing instructions for their order entry
systems such that orders for NYSE-listed securities are sent to the
systems and facilities of NYSE Arca. Those members and member
organizations that have open orders on the Exchange's Trading Floor at
the time an Emergency Condition is declared should cancel those orders
and re-enter them on the systems and facilities of NYSE Arca as soon as
possible thereafter.\10\
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    \10\ Upon the invocation of the proposed Rule, orders in NYSE-
listed securities entered on the NYSE Arca systems and facilities on
a UTP basis that are unexecuted prior to the declaration of an
Emergency Condition would remain available for execution on the NYSE
Arca systems (that is they will not be cancelled). Once trading on
the Exchange resumes on the NYSE Arca systems executions of such
orders would be printed with an ``N'' modifier on the Consolidated
Tape (see part 3 below). See also SR-NYSEArca-2009-90.
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    NYSE members, member organizations and Sponsored Participants that
are not members or sponsored participants of NYSE Arca at the time of
an Emergency Condition would be provided temporary membership and/or
access to NYSE Arca so that they could execute trades on that exchange
(see part 2 below). It is important to note in this regard that the
Exchange would not provide any connectivity to NYSE Arca on behalf of
its members, member organizations or Sponsored Participants; in order
to continue trading in NYSE-listed securities, NYSE members, member
organizations and Sponsored Participants would need separately to
establish connectivity to NYSE Arca.
2. Member and Member Organization Obligations During an Emergency
Condition
    In the event of an Emergency Condition, NYSE Arca would provide
temporary membership and/or access to those NYSE members, member
organizations and Sponsored Participants that are not already members
or sponsored participants of NYSE Arca.
    NYSE Arca will establish inactive equity trading permits and
connectivity for such members, and member organizations that would
become active in the event that NYSE Arca is designated as an
alternative facility of the NYSE. These trading permits would have the
same trading rights and obligations as current ETP Holders on NYSE
Arca. Sponsored Participants of the Exchange that are not set up with
sponsored access to NYSE Arca at the time of an Emergency Condition
would be permitted to obtain such access through either an existing
NYSE Arca member or through an NYSE member or member organization that
is granted temporary access in accordance with proposed NYSE Arca
Equities Rule 2.100, provided the Sponsored Participants could
establish connectivity and complete the required documentation incident
to such sponsored access. Such temporary membership or access would be
valid only for the duration of the Emergency Condition until regular
trading resumes on the Trading Floor.\11\
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    \11\ See SR-NYSEArca-2009-90.
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    NYSE members, member organizations and Sponsored Participants that
quote or trade NYSE-listed securities on or through the systems and
facilities of NYSE Arca following an Emergency Condition declaration by
the NYSE would be bound by the rules and procedures of NYSE Arca and
would be required to comply with the NYSE Arca Equities Rules governing
trading. Such rules would be considered the rules of the Exchange for
the duration of the Emergency Condition.\12\
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    \12\ Even though the Exchange would apply the applicable NYSE
Arca Equities Rules governing trading for the duration of an
emergency, the Exchange's rules governing member firm conduct would
continue to apply to its members, member organizations and Sponsored
Participants, including membership requirements and net capital
requirements. In addition, the Exchange's listing requirements for
its listed securities would continue to apply.
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    Because of differences between the systems of the NYSE and NYSE
Arca, NYSE Arca is not able to support the NYSE's Designated Market
Makers (``DMMs'') operating in the same manner that they operate on the
NYSE. In particular, DMMs would not have access to orders on the NYSE
Arca system any different than other market participants. Thus, NYSE
DMMs would not be able to fulfill their DMM obligations, including the
affirmative obligation to make a market in a reasonable depth and with
reasonable price continuity, and would be severely hampered in their
ability to stabilize the market. As a result, in the event that the
NYSE is unable to operate its Trading Floor and instead designates NYSE
Arca to receive and process quotes and trades, NYSE DMMs would not be
considered DMMs under the NYSE Rules for the duration of the
designation. In order to ensure that there continues to be a market for
NYSE-listed securities, DMM member firms would be designated as
``Market Makers'' in accordance with NYSE Arca Equities Rules and would
be required to meet the requirements of those Rules for the duration of
an Emergency Condition.\13\ Once trading resumed on the Exchange's
Trading Floor, DMM member firms would resume their roles as DMMs and
would be subject to their obligations under the Exchange's rules.
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    \13\ DMMs will be required to meet the same margin requirements
as NYSE Arca Market Makers.

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    Similarly, in the event of an Emergency Condition, the Exchange
would provide temporary membership and/or authorized access to those
NYSE Arca members or sponsored participants that are not already
members, member organizations or Sponsored Participants of the
Exchange. The temporary designation of NYSE Arca-only members as
members of the Exchange is necessary because, in the event of an
Emergency Condition when Exchange-listed securities are trading on NYSE
Arca systems and facilities and are being printed as NYSE trades, the
system would not be able to prevent NYSE Arca-only members from trading
Exchange-listed securities. By granting NYSE Arca-only members
temporary NYSE membership, the Exchange seeks to avoid any issue as to
the legitimacy of such trades.
    NYSE Arca-only members that are granted a temporary membership will
not be required to meet any of the Exchange's membership requirements,
including the requirement that all Exchange member organizations also
be members of the Financial Industry Regulatory Authority. NYSE Arca
sponsored participants that are not set up with sponsored access to the
Exchange would be authorized to obtain such access through either an
existing Exchange member or member organization or an NYSE Arca member
that is granted temporary membership in accordance with proposed NYSE
Rule 49. Such temporary membership or authorized access would be valid
only for the duration of the Emergency Condition until regular trading
resumes.
3. Processing NYSE Trades Executed on or Through NYSE Arca Systems and
Facilities
    As noted above, for the duration of the Emergency Condition, trades
in NYSE-listed securities would print as ``N'' trades on the
Consolidated Tape and quotes would be designated as NYSE quotes in the
Consolidated Quote Stream, notwithstanding the fact that they were
processed on or through the NYSE Arca systems and facilities. Because
the NYSE would, as a practical and legal matter, continue to operate--
albeit using a different system for processing trades and quotes--the
Exchange submits that no modifications would be necessary to either the
Consolidated Quote Plan or the Consolidated Tape Association Plan.\14\
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    \14\ The Exchange notes that there is precedent for this type of
arrangement: after the collapse of the World Trade Centers on
September 11, 2001, the American Stock Exchange (``Amex'') was
unable to open its trading floor because of its proximity to the
collapse site. To ensure that the Amex could continue to operate,
the Amex utilized the systems and facilities of the Exchange (and a
portion of the Exchange's Trading Floor) to process and trade Amex-
listed securities. Indeed, for the duration of that emergency, Amex
quotes and trades were considered to have originated from the Amex,
notwithstanding that they were processed on the systems and
facilities of the Exchange.
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    The surveillance of the trading of NYSE-listed securities on or
through the systems and facilities of NYSE Arca would be conducted by
NYSE Arca on behalf of the Exchange.\15\ In the event that an NYSE
member or member organization failed to comply with NYSE Arca's rules
while trading NYSE-listed securities, they would--for jurisdictional
reasons--be referred to the Exchange and be investigated by, and if
warranted, prosecuted by, NYSE Regulation, Inc. on behalf of the
Exchange rather than on behalf of NYSE Arca.
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    \15\ The Exchange's mnemonic identification system for its
members and member organizations is different than that used by NYSE
Arca for its ETP holders. Thus, trades executed by Exchange-only
members or member organizations can be readily identified if
necessary.
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    The Exchange recognizes that, by cross-designating NYSE-only and
NYSE Arca-only members and member organizations and requiring that all
trades of NYSE-listed securities executed on the systems of NYSE Arca
be printed as NYSE trades, its business continuity plan effectively
combines the two markets for those securities. The Exchange believes,
however, that its business continuity plan is appropriate and
consistent with the provisions of the Act. To begin with, such
consolidation would only be on a temporary basis. In addition, the
Exchange notes that this arrangement would not harm customers or
unfairly advantage the Exchange by distorting the allocation of market
data revenue or quoting revenue to the various exchanges; because NYSE
and NYSE Arca share a common corporate parent, NYSE Euronext, and
revenues are reported on a consolidated basis, there is no net economic
benefit to NYSE Euronext.
    The Exchange believes that any confusion caused by designating all
prints of NYSE-listed securities executed on NYSE Arca as NYSE trades
is far outweighed by the benefits of maintaining the ability for the
Exchange to provide primary market prints to market participants during
an Emergency Condition. Among other things, the Exchange notes that
certain indices, funds and derivative products require primary market
prints for pricing and valuation, and that, similarly, private
corporate transactional contracts involving stock purchase or valuation
frequently make reference to the primary market print rather than to
the Consolidated Tape print. The Exchange believes that without a
primary market print, there could be unnecessary disruption to other
areas of an already fragile marketplace that is likely facing
significant challenges in dealing with other consequences of the
Emergency Condition.
Limitations on Invocation of Authority Under Proposed NYSE Rule 49
    Before invoking the proposed emergency powers, the Exchange will
make concerted efforts to alert and consult with the Commission via
electronic, telephonic and in-person communications, and to continue to
maintain an open dialogue with the Commission regarding the responses
being taken. In the event that Exchange staff is unable to communicate
with Commission staff, the proposed rule permits the Exchange to take
appropriate action and to subsequently advise the Commission of such
action at the earliest available time.
    The Exchange's authority under this rule would be available for up
to 10 calendar days from the date that the Exchange invoked such
authority. At any time after invoking such emergency powers, the
Exchange, with Commission approval, may cease or alter such emergency
powers. If conditions are warranted, and subject to Commission approval
of a rule filing pursuant to Section 19(b)(2) of the Act, the Exchange
could extend this emergency authority for a specific amount of time
longer than the initial 10 calendar day period.
    Before seeking Commission approval for such an extension, the
Exchange will re-evaluate the specific regulatory actions taken and
determine whether to extend such actions. The Commission may also
unilaterally direct that the Exchange cease or alter such emergency
powers. Once such authority has been invoked, the Exchange will use its
available communications resources, including its Web site and other
public channels, as well as regulatory channels such as Information
Memos or the Exchange's Electronic Filing Platform (``EFP''),\16\ to
provide members and member organizations with advance notice of when
such actions will expire. The Exchange shall provide adequate prior
notice to members, member organizations, Sponsored Participants

and investors regarding its intention to terminate the actions taken.
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    \16\ EFP is an extranet built by the Exchange to support
authenticated, encrypted, two-way communications between the
Exchange and its membership. It is used to communicate information
to certain key personnel of member organizations.
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Conclusion
    Because the purpose of the proposed rule is to grant authority to
the Exchange to act in the event of an Emergency Condition, the terms
of the rule are necessarily inclusive and flexible. At all times, the
Exchange will continue to act in a manner consistent with the public
interest and for the protection of investors, and it intends to be
bound by and guided by these underlying precepts should there be a need
to invoke proposed NYSE Rule 49 and exercise such proposed emergency
powers.
2. Statutory Basis
    The basis for this proposed rule change is the requirement under
Section 6(b)(5) \17\ of the Act that an exchange have rules that are
designed to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest. Proposed NYSE Rule 49 would provide the Exchange with
the regulatory flexibility to take action, as necessary, in the event
of an Emergency Condition, as defined.
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    \17\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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 with respect to the
proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date 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 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2009-105 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2009-105. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the NYSE. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2009-105 and should be
submitted on or before December 3, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-27128 Filed 11-10-09; 8:45 am]

BILLING CODE 8011-01-P