[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Notices]
[Pages 39793-39794]
[FR Doc No: 2012-16437]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at Portland--Hillsboro Airport, Hillsboro, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Proposal to Release Airport Property.

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SUMMARY: The FAA proposes to rule and invites public comment on the
release of land at Portland--Hillsboro Airport under the provisions of
Section 125 of the Wendell H. Ford Aviation Investment Reform Act for
the 21st Century (AIR 21), now 49 U.S.C. 47107(h)(2).
    The FAA is considering a proposal to change a portion of the
airport from aeronautical use to nonaeronautical use and to authorize
the sale and/or conversion of the airport property. The proposal
consists of two parcels of land containing a total of approximately
3.21 acres located in the southeast portion of the airport southeast of
Cornell Rd. The FAA may approve the request, in whole or in part, no
later than August 6, 2012.

DATES: Comments must be received on or before August 6, 2012.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Dave Roberts, Federal Aviation
Administration, Northwest Mountain Region, Airports Division, Seattle
Airports District Office, 1601 Lind Avenue SW., Suite 250, Renton,
Washington 98057-3356.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Port of Portland at the following address: Steve
Nagy, Hillsboro Airport Manager, Port of Portland, 7200 NE. Airport
Way, Portland, OR 97218.

FOR FURTHER INFORMATION CONTACT: Dave Roberts, Federal Aviation
Administration, Northwest Mountain Region, Seattle Airports District
Office, 1601 Lind Avenue SW., Suite 250, Renton, Washington 98057-3356.
    The request to release property may be reviewed, by appointment, in
person at this same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Portland--Hillsboro Airport under
the provisions of the AIR 21 (49 U.S.C. 47107(h)(2)).
    The following is a brief overview of the request:
    The Port of Portland is proposing the release of approximately 3.21
acres of airport property acquired under federal grants: FAAP 9-35-063-
D903, FAAP 9-35-063-E802, and ADAP 5-41-0025-04.
    The land will be transferred to the City of Hillsboro for right-of-
way use in constructing an extension of NE Veterans Drive and
associated storm sewers. The Port of Portland proposes swapping the
land with the City of Hillsboro and the County of Washington for
approximately 4.1 acres of vacant right-of-way located on the airport
in the runway 13 safety area and protection zone near NE Evergreen
Road.
    The property is described as follows:
    (1) A tract of land located in the north one-half of Section 33 of
Township 1 North, Range 2 West, Willamette Meridian, City of Hillsboro,
Washington County, Oregon, and also being a portion of that property
described in warranty deeds to the Port of Portland, recorded in Book
623, Page 367 and Book 824, Page 830 and Document Number 84044001 all
recorded in the deed records of Washington County. Containing 136,106
square feet more or less.
    (2) A tract of land located in the northeast one-quarter of Section
33 of Township 1 North, Range 2 West, Willamette Meridian, City of
Hillsboro, Washington County, Oregon and also being a portion of that
property described in warranty deed to the Port of Portland, as
recorded in Book 623, Page 367 in the deed records of Washington
County. Containing 4,000 square feet more or less.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT.
    In addition, any person may, upon appointment and request, inspect
the application, notice and other documents germane to the application
in person at the Portland--Hillsboro Airport or the Port of Portland
offices at the Portland International Airport.

    Issued in Renton, Washington, on June 19, 2012.
Carol Suomi,
Manager, Seattle Airports District Office.
[FR Doc. 2012-16437 Filed 7-3-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Notices]
[Page 27487]
[DOCID:fr11my06-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12053-002]

Nicholas Josten; Notice Dismissing Complaint

May 3, 2006.
    On April 10, 2006, Stephen J. Bruzzone and Linda L. Bruzzone filed
a complaint against Nicholas Josten, applicant for an exemption for the
West Valley A&B Hydroelectric Project No. 12053.\1\ The project is
proposed to be located on the South Fork of the Pit River in Modoc
County, California. The project would be located on approximately 31
acres of federal lands, managed by Forest Service and Bureau of Land
Management. The pleading generally alleges that Nicholas Josten has
made misrepresentations in information he filed in support of his
application for exemption.\2\
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    \1\ The proposed project would consist of two developments, West
Valley A and West Valley Alternative B-1. West Valley A would be a
run-of-river development with a capacity of 1.0 MW and would consist
of: An existing concrete diversion structure; an existing intake
structure; 11,600 feet of an existing open canal; a proposed
concrete overflow structure; proposed 2,800 feet of new canal; a
proposed 400-foot-long penstock; a proposed powerhouse; a proposed
tailrace pipe; a proposed 3,000-foot-long, 12.3-kilovolt (kV)
transmission line; and appurtenant facilities.
    West Valley Alternative B-1 would be a run-of-river development
with a capacity of 1.36 MW and would consist of: The existing West
Valley Dam and outlet works; a new bypass valve attached to the
existing dam outlet pipe; a proposed 2,850-foot-long penstock; a
proposed powerhouse; a proposed tailrace canal; a proposed 4.5-mile-
long, 12.3-kV transmission line; and appurtenant facilities.
    \2\ In particular, they assert that Mr. Josten provided the
Commission with misleading information regarding water flow tables
submitted on March 23, 2006.
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    The issues raised in the pleading relate to consideration of the
application for exemption. As such, they are not properly the subject
of a formal complaint. Accordingly, the complaint is dismissed and the
comments raised in the pleading will be considered in the exemption
proceeding.\3\
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    \3\ On April 20, 2006, Commission staff issued a notice that the
application was ready for environmental analysis and soliciting
comments, terms and conditions and recommendations. Comments are due
by June 19, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-7186 Filed 5-10-06; 8:45 am]

BILLING CODE 6717-01-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for Municipal Waste Combustors ( Subparts Ea and Eb)

1. Identification of the Information Collection 1( a) Title of the Information Collection New Source Performance Standard for Municipal Waste Combustors; 40 CFR Part 60, Subpart Ea and Eb; EPA ICR Number 1506.09; OMB Control Number 2060 0210; expiring March 31, 2002.

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for the regulations published at 40 CFR Subpart Ea and Subpart Eb were proposed on December 20, 1980 and September 20, 1994 ( respectively) and promulgated on February 11, 1991 and December 19, 1995 ( respectively). Municipal waste combustor ( MWC) facilities which commenced construction after December 20, 1989 and on or before September 20, 1994, or commenced modification or reconstruction after December 20, 1989 and on or before June 19, 1996 are subject to the regulations in 40 CFR Subpart Ea. MWC facilities which commenced construction after September 20, 1994, or commenced modification or reconstruction after June 19, 1996 are subject to the regulations in 40 CFR Subpart Eb. This information is being collected to assure compliance with 40 CFR Part 60, Subpart Ea and Eb.

In general, all NSPS standards require initial notifications, performance tests, and periodic reports. Owners or operators are also required to maintain records of the occurrence and duration of any start up, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NSPS.

Any owner or operator subject to the provisions of NSPS Subpart Ea shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. Any owner or operator subject to the provisions of NSPS Subpart Eb shall maintain a file of these measurements, and retain the file for at least five years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated State, Tribal, or Local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA Regional Office.

Approximately seven sources are currently subject to the NSPS Subpart Ea, and it is estimated that an additional no sources will become subject to the regulation in the next three years, since its latest applicability date is June 19, 1996. It is further assumed that there is an average of two affected NSPS Subpart Ea facilities per plant per respondent. No sources are currently subject to the NSPS Subpart Eb and it is estimated that an one additional source per year will become subject to the regulation in the next three years. It is further assumed that there 2 is an average of two affected NSPS Subpart Eb facilities per plant per respondent. The estimates are based on a comprehensive survey of information held and obtained by the EPA Regional Offices in 2000 and 2001. Information was also obtained from the Integrated Waste Service Association.

OMB approved the currently active ICR without any " Terms of Clearance."

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection EPA is charged under Section 111 of the Clean Air Act ( CAA), as amended, to establish standards of performance for new stationary sources that reflect:

... application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111( a)( l).

The Agency refers to this charge as selecting the best demonstrated technology. Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

EPA is also charged under Section 129 of CAA, as amended, for NSPS Subpart Eb to establish standards of performance that reflect the maximum achievable control technology for achieving continuous emission reductions that reflect:

the maximum degree of reduction emissions of air pollutants listed... that the Administrator, taking into consideration the cost of achieving such emission reduction, and any non air requirements, determines is achievable for new or existing units in each category. Section 129( a)( 2)

In addition, Section 114( a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

( A) Establish and maintain such records; ( B) make such reports; ( C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; ( D) sample such emissions ( in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; ( F) submit 3 compliance certifications in accordance with Section 114( a)( 3); and ( G) provide such other information as the Administrator may reasonably require.

In the Administrator's judgment organic, metal, acid gas, and nitrogen oxide emissions from MWCs cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. In addition, the Administrator has judged cadmium, lead, and mercury emissions from certain MWCs to cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, NSPS were promulgated for this source category at 40 CFR Part 60, Subpart Ea and Eb.

2( b) Practical Utility/ Users of the Data The control of emissions of organic, metal, acid gas, and nitrogen oxide emissions from MWCs requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of organic, metal, acid gas, and nitrogen oxide emissions from MWCs are the result of operation of the affected facilities. The subject standards are achieved by the capture and reduction of organics, metal, acid gas, and nitrogen oxide emissions using control technology, proper operation and maintenance, and trained personnel. In addition, proper equipment design, operation, and maintenance will capture and reduce cadmium, lead, and mercury emissions from MWCs regulated by Subpart Eb.

The notifications required in the applicable regulations are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and the regulations are being met. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the control equipment and achieve compliance with the regulation. Adequate monitoring, recordkeeping, and reporting is necessary to ensure compliance with the applicable regulations, as required by the CAA. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The recordkeeping and reporting requested is required under 40 CFR Part 60 Subpart Ea and Eb.

3( a) Nonduplication 4 If the subject standards have not been delegated, the information is sent directly to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State, Tribal or local agency. If a State, Tribal, or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the State, Tribal, or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on October 29, 2001,( 66FR54514). No comments were received on the burden published in the Federal Register.

3( c) Consultations EPA contacted the Integrated Waste Service Association ( IWSA) to discuss the ICR. The telephone communication with IWSA helped EPA determine the limited industry growth rate, the reduced number of facilities, and the limited number of new affected facilities expected over the next three years. IWSA represents owners/ operators of municipal waste combustors and waste to energy facilities.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5.

3( f) Confidentiality The required information consists of emissions data and other information that have been determined not to be private. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979). 5 3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents to the recordkeeping and reporting requirements are MWCs. The U. S. Standard Industrial Classification ( SIC) codes for the respondents affected by the standards are 9511 ( Air and Water Resource and Solid Waste Management) which corresponds to the North American Industry Classification System ( NAICS) 562 ( Waste Management and Remediation Services) and 924 ( Administration of Air and Water Resource and Solid Waste Management Programs). The following table provides additional information on the SIC and NAICS codes.

Regulation SIC Codes NAICS Codes 40 CFR Part 60, Subpart Ea 9511 924110 40 CFR Part 60, Subpart Ea 4953 56220, 56221, 562213, 562219, and 56292 40 CFR Part 60, Subpart Eb 9511 924110 40 CFR Part 60, Subpart Eb 4953 56220, 56221, 562213, and 562219, and 56292 4( b) INFORMATION REQUESTED These standards require affected facilities to maintain certain records for at least two years. Facilities affected by Subpart Eb must maintain records, including reports and notifications, at least five years. This is consistent with the General Provisions as applied to the standards. EPA believes that the five year records retention requirement is consistent the Part 70 permit program and the five year statute of limitations on which the permit program is based. Also, the retention of records for five years would allow EPA to establish the compliance history of a source and any pattern of compliance for purposes of determining the appropriate level of enforcement action. Historically, EPA has found that the most flagrant violators frequently have violations extending beyond the five years. EPA would be prevented from pursuing the worst violators due to the destruction or nonexistence of records if records were retained for less than five years.

( i) Data Items All data in this ICR that is recorded and/ or reported is required by NSPS General Provision ( 40 CFR Part 60), NSPS for Municipal Waste Combustors ( 40 CFR Part 60, Subpart 6 Ea) and NSPS for NSPS for Municipal Waste Combustors ( 40 CFR Part 60, Subpart Ea).

A source under 40 CFR Subpart Ea or Subpart Eb must make the following reports:

Reports for 40 CFR Subpart Ea and Subpart Eb Notification of construction/ reconstruction or modification 60.7( a)( 1), 60.59a( a), 60.59b( a), 60.59b( b), 60.59b( c)

Notification of pre construction plans and public meeting material 60.59b( a)

Notification of anticipated & actual startup 60.7( a)( 2), 60.7( a)( 3), 60.59a( a), 60.59b( b), 60.9b( c)

Notification related to siting 60.59b( a)

Notification of initial performance test 60.8( d)

Notification of initial performance test results 60.8( a)

Notification of demonstration of continuous monitoring system 60.7( a)( 5),

Notification of physical or operational change 60.7( a)( 4),

Notification related to opacity 60.79( a)( 6), 60.59b( c)

Report on initial performance test results 60.8( a), 60.59a( c), 60.59b( f)

Report on public meeting ( notification and transcript) 60.59b( a)( 2), 60.59b( a)( 3)

Report on responses to public comment 60.59b( a)( 4)

Report on preliminary and final draft materials separation plans 60.59b( a)( 1)

Report on weights of municipal solid waste and other fuels fired 60.59a( m)

Report on performance tests/ compliance report 60.8( a), 60.59a( e), 60.59a( g), 60.59b( g)

Report excess emissions 60.59a( f), 60.59b( h)

Report on CEMS demonstration and test data 60.8( a), 60.59b( f)

Report on emission levels during annual test ( if necessary) 60.59b( d) 7 Reports for 40 CFR Subpart Ea and Subpart Eb Semi annual report and explanation for excess emissions ( if necessary) 60.59b( d)

Semi annual carbon report for mercury control ( if necessary) 60.59b( d)

A source subject to 40 CFR Subpart Ea or Subpart Eb must maintain the following records:

Recordkeeping for 40 CFR Subpart Ea and Eb Initial performance tests and annual performance tests 60.59b( d)

Records of periodic testing for fugitive ash emissions 60.59b( d)

Start ups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative 60.7( b)

Occurrence, duration of interruptions in operation 60.7( b)

Records for sources with continuous monitoring systems 60.59a( i)

Results of daily CEMs drift tests & Appendix F accuracy assessment 60.59b( d)

Amounts of sorbent used for mercury control 60.59b( d)

Persons reviewing operating material 60.59a( j), 60.59b( d)

Records are required to be retained for two years 60.59a( b)

Records are required to be retained for five years. 60.59b( d), 60.59b( e)

( ii.) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate CMS for opacity.

Perform initial performance test, Reference Method 19 test, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above. 8 Respondent Activities Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

Perform site selection analysis.

Hold public meeting on site analysis and material separation plan.

5. The Information Collected  Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the AIRS ( Aerometric Information Retrieval System) Facility Subsystem ( AFS) database.

5( b) Collection Methodology and Management Following notification of start up, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the 9 emission standard. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into AFS which is operated and maintained by EPA's Office of Air Quality Planning and Standards. AFS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses AFS for tracking air pollution compliance and enforcement by State, Tribal, and Local regulatory agencies, EPA Regional Offices and EPA Headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by 40 CFR Part 60, Subpart Ea must be retained by the owner or operator for two years. The records required by 40 CFR Part 60, Subpart Eb must be retained by the owner or operator for five years.

5( c) Small Entity Flexibility A majority of the affected facilities are large entities ( e. g., large businesses). However, the impact on small entities ( i. e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed , the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

The regulations contain a provision for less frequent dioxin/ furan testing to allow plants to test only one unit per year rather than all units, as is normally required, if all units at the plant achieve emission levels significantly lower that the emission limits for 2 consecutive years. It is believed that most units will qualify for this option. As most plant have 2 or more units, this provision will reduce dioxin testing frequency, costs, and burden by at least one half starting in the third year after startup of a new MWC. The parameters regulated by the subpart Eb regulation versus those regulated by the subpart Ea regulation are summarized in the following chart:

Comparison of Parameters Measured by Subparts Ea and Eb Parameter Subparts Ea Subparts Eb Dioxins/ Furans, total X X Sulfur Dioxide ( SO 2)/ Hydrogen chloride ( HCl) X X Particulate Matter ( PM) X X 10 Comparison of Parameters Measured by Subparts Ea and Eb Cadmium ( Cd) X Lead ( Pb) X Mercury ( Hg) X Good Combustion Practices ( GCP) X X Siting X Fugitive Emissions X Opacity X X Nitrogen Oxides ( NO x) X X 5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 2: Industry Burden.

6. Estimating the Burden and Cost of the Collection Table 2: Industry Burden documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for both Subpart Ea and Subpart Eb. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The 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.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 11,885 ( Total Labor Hours from Table 2). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs 11 ( i) Estimating Labor Costs This ICR uses the following labor rates: $ 78.54 per hour for Executive, Administrative, and Managerial labor; $ 55.34 per hour for Technical labor, and $ 35.64 per hour for Clerical labor. These rates are from the United States Department of Commerce Bureau of Labor Statistics, March 2000, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The wage rates have been increase by 110% to account for the benefit packages available to those employed by private industry.

Managerial $ 78.54 ($ 37.40 + 110%) Technical $ 55.34 ($ 26.35 + 110%) Clerical $ 35.64 ($ 16.97 + 110%)

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The type of industry costs associated with the information collection activity in the regulations are labor and CEMs. The capital/ startup costs are one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor and other costs such as photocopying and postage.

( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs Capital/ Startup vs. Operation and Maintenance ( O& M) Costs for Subparts Ea and Eb Regulatory Citation ( A) Continuous Monitoring Device ( B) Startup Cost ($) for One Affected Facility ( C) No. of New Affected Facilities to Startup ( D) Total Startup ( B X C) ( E) Annual O& M Costs ($) for One Affected Facility ( F) No. of Affected Facilities with O& M ( G) Total O& M ( E X F)

40 CFR Part 60, Subpart Ea Yes 60,000 0 0 8972 7 62804 40 CFR Part 60, Subpart Eb Yes 60,000 1 60000 8972 1 8972 Total for Subpart Ea and Subpart Eb     1 for all 3 years of ICR 60000     71776 The total capital/ startup costs for this ICR are $ 60,000. This is the total of column D in the above table. These costs are shown in block 14( a), Total annualized capital/ startup costs, on the OMB 83 I form. It should be noted that the numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

The total operation and maintenance ( O& M) costs for this ICR are $ 71,776. This is the 12 total of column G. These costs are shown in block 14( b), Total annual costs ( O& M), on the OMB 83 I form.

The total respondent non labor costs in block 14 have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $ 131,776. This cost is shown on the OMB 83 I form in block 14 ( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported information. Publication and distribution of the information are part of the AFS program. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of EPA's overall compliance and enforcement program.

The average annual Agency cost during the 3 years of the ICR is estimated to be $ 11,396 [ see Table 1 in Section 6( e)]. This cost is based on the average hourly labor rate at a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 36.98.

These rates are from OPM's " 2001 General Schedule" which excludes locality rates of pay. Details upon which this estimate is based appear in Table 1, attached.

6( d) Estimating the Respondent Universe and Total Burden and Costs Respondent Universe Regulation Citation ( A) No. of New Sources/ Year ( B) No. of Initial Reports for New Sources ( C) No. of Existing Sources ( D) No. of Reports for Existing Sources ( E) Total Annual Responses ( AxB)+( CxD)

40 CFR Part 60, Subpart Ea 0 1 7 7 49 40 CFR Part 60, Subpart Eb 1 1 0 0 1 The number of total respondents is 7 for Subpart Ea and 1 for Subpart Eb. This number is the sum of Column A and Column C of the Respondent Universe table. This represents the number of existing sources plus the number of new sources averaged over the three year period. It is shown in block 13 ( a), Number of respondents, on the OMB 83 I form.

The number of Total Annual Responses is for 49 for Subpart Ea and 1 for Subpart Eb. 13 This is the number in column E of the Respondent Universe table. It is shown in block 13 ( b), Total annual responses, on the OMB 83 I form. The total annual labor costs are 869,086. This number is not shown on the OMB 83 I form in block 13( c), Total hours requested. Only the burden hours are reflected in block 13( c). Details upon which this estimate is based appear in Table 2. Annual Respondent Burden and Cost.

The total annual capital and O& M costs to the regulated entity are 131,776 ( rounded to 132,000). This number is shown on the OMB 83 I form in block 14 ( c), Total annualized cost requested. These costs are detailed in section 6( b)( iii), Capital/ Start up vs. Operating and Maintenance ( O& M) Costs.

6( e) Bottom Line Burden Hours Burden Hours And Cost Tables The bottom line burden hours and cost tables for both the Agency and the respondents appear in Table 2, attached.

6( f) Reasons for Change in Burden The decrease in burden from the most recently approved ICR is due to an adjustment. The adjustment decrease in burden from the most recently approved ICR is due to an decrease in the number of sources regulated under both NSPS Subpart Ea and NSPS Subpart Eb. The previous ICR reported that approximately 32 sources were subject to NSPS Subpart Ea and 7 sources were subject to NSPS Subpart Eb. In addition, the previous ICR reported that approximately four sources per year will become subject to NSPS Subpart Eb. A revised estimated, based on up to date information and consultation with the Integrated Waste Services Association, indicates that approximately seven sources are currently subject to the NSPS Subpart Ea, no sources are regulated by NSPS Subpart Eb, and only one additional one source per year is expected to become subject to NSPS Subpart Eb in the next three years.

6( g) Burden Statement 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; 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. 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 standards are listed in 40 CFR Part 9 and 48 CFR Chapter 15. 14 Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to Ms. Susan Auby, Collection Strategies Division ( Mail Code 2822), Office of Environmental Information, United States Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, D. C. 20460 0001; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number 1506.09 and OMB Control Number 2060 0210 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information.


[Federal Register: December 30, 2008 (Volume 73, Number 250)]
[Notices]
[Page 79948-79952]
[DOCID:fr30de08-144]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59126; File No. SR-FINRA-2008-060]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change Relating to Trade Reporting of Transfers of
Securities Subject to an Asset Purchase Agreement

December 19, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 11, 2008, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) 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 FINRA. FINRA has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under Section 19(b)(3)(A) of the Act \3\
and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend FINRA trade reporting rules to codify
the circumstances under which transfers of securities made pursuant to
an asset purchase agreement are not subject to the reporting
requirements applicable to over-the-counter transactions in debt and
equity securities.
    Below is the text of the proposed rule change.\5\ Proposed new
language is in italics; proposed deletions are in brackets.
---------------------------------------------------------------------------

    \5\ On September 25, 2008, the SEC approved proposed rule change
SR-FINRA-2008-021, which adopts the NASD Marketplace Rules (the NASD
Rule 4000 through 7000 Series) as the FINRA Rule 6000 through 7000
Series in the Consolidated FINRA Rulebook. See Securities Exchange
Act Release No. 58643 (September 25, 2008), 73 FR 57174 (October 1,
2008) (Order Approving SR-FINRA-2008-021; SR-FINRA-2008-022; SR-
FINRA-2008-026; SR-FINRA-2008-028; and SR-FINRA-2008-029). SR-FINRA-
2008-021 was implemented on December 15, 2008. See Regulatory Notice
08-57 (October 2008). This Exhibit 5 reflects the underlying text of
the FINRA Rules as adopted pursuant to SR-FINRA-2008-021.
---------------------------------------------------------------------------

* * * * *

6200. Alternative Display Facility

* * * * *

6282. Transactions Reported by Members to TRACS

    (a) Through (h) No Change.
    (i) [Transactions Not To Be Reported To FINRA For Publication
Purposes] Reporting Requirements For Certain Transactions and Transfers
of Securities
    (1) The following [types of transactions effected by FINRA members]
shall not be reported to TRACS [for publication purposes]:
    ([1]A) Transactions that are part of a primary distribution by an
issuer or of a registered secondary distribution (other than ``shelf
distributions'') or of an unregistered secondary distribution;
    ([2]B) Transactions made in reliance on Section 4(2) of the
Securities Act;
    [(3) Transactions where the buyer and seller have agreed to trade
at a price substantially unrelated to the current market for the
security, e.g., to enable the seller to make a gift;]
    [(4) Purchases or sales of securities effected upon the exercise of
an option pursuant to the terms thereof or the exercise of any other
right to acquire securities at a pre-established consideration
unrelated to the current market;]
    ([5]C) Transactions reported on or through an exchange;

    ([6]D) The acquisition of securities by a member as principal in
anticipation of making an immediate exchange distribution or exchange
offering on an exchange; [and]
    ([7]E) Purchases of securities off the floor of an exchange
pursuant to a tender offer[.]; and
    (F) Transfers of securities made pursuant to an asset purchase
agreement (APA) that is subject to the jurisdiction and approval of a
court of competent jurisdiction in insolvency matters, provided that
the purchase price under the APA is not based on, and cannot be
adjusted to reflect, the current market prices of the securities on or
following the effective date of the APA.
    (2) The following shall not be reported to TRACS for publication
purposes, but shall be reported for regulatory transaction fee
assessment purposes under Rule 7130(c):
    (A) Transactions where the buyer and seller have agreed to trade at
a price substantially unrelated to the current market for the security,
e.g., to enable the seller to make a gift; and
    (B) Purchases or sales of securities effected upon the exercise of
an option pursuant to the terms thereof or the exercise of any other
right to acquire securities at a pre-established consideration
unrelated to the current market.
    (j) No Change.

6300. Trade Reporting Facilities

6300A. FINRA/Nasdaq Trade Reporting Facility

* * * * *

6380A. Transaction Reporting

    (a) through (d) No Change.
    (e) [Transactions Not To Be Reported For Publication Purposes]
Reporting Requirements For Certain Transactions and Transfers of
Securities
    (1) The following [types of transactions] shall not be reported to
the FINRA/Nasdaq Trade Reporting Facility [for publication purposes]:
    ([1]A) Transactions that are part of a primary distribution by an
issuer or of a registered secondary distribution (other than ``shelf
distributions'') or of an unregistered secondary distribution;
    ([2]B) Transactions made in reliance on Section 4(2) of the
Securities Act;
    [(3) Transactions where the buyer and seller have agreed to trade
at a price substantially unrelated to the current market for the
security, e.g., to enable the seller to make a gift;]
    [(4) Purchases or sales of securities effected upon the exercise of
an option pursuant to the terms thereof or the exercise of any other
right to acquire securities at a pre-established consideration
unrelated to the current market;]
    ([5]C) Transactions reported on or through an exchange;
    ([6]D) The acquisition of securities by a member as principal in
anticipation of making an immediate exchange distribution or exchange
offering on an exchange; [and]
    ([7]E) purchases of securities off the floor of an exchange
pursuant to a tender offer[.]; and
    (F) transfers of securities made pursuant to an asset purchase
agreement (APA) that is subject to the jurisdiction and approval of a
court of competent jurisdiction in insolvency matters, provided that
the purchase price under the APA is not based on, and cannot be
adjusted to reflect, the current market prices of the securities on or
following the effective date of the APA.
    (2) The following shall not be reported to the FINRA/Nasdaq Trade
Reporting Facility for publication purposes, but shall be reported for
regulatory transaction fee assessment purposes under Rule 7230A(g):
    (A) transactions where the buyer and seller have agreed to trade at
a price substantially unrelated to the current market for the security,
e.g., to enable the seller to make a gift; and
    (B) purchases or sales of securities effected upon the exercise of
an option pursuant to the terms thereof or the exercise of any other
right to acquire securities at a pre-established consideration
unrelated to the current market.
    (f) through (h) No Change.

6300B. FINRA/NSX Trade Reporting Facility

* * * * *

6380B. Transaction Reporting

    (a) through (d) No Change.
    (e) [Transactions Not To Be Reported For Publication Purposes]
Reporting Requirements For Certain Transactions and Transfers of
Securities
    (1) The following [types of transactions] shall not be reported to
the FINRA/NSX Trade Reporting Facility [for publication purposes]:
    ([1]A) transactions that are part of a primary distribution by an
issuer or of a registered secondary distribution (other than ``shelf
distributions'') or of an unregistered secondary distribution;
    ([2]B) transactions made in reliance on Section 4(2) of the
Securities Act;
    [(3) transactions where the buyer and seller have agreed to trade
at a price substantially unrelated to the current market for the
security, e.g., to enable the seller to make a gift;]
    [(4) purchases or sales of securities effected upon the exercise of
an option pursuant to the terms thereof or the exercise of any other
right to acquire securities at a pre-established consideration
unrelated to the current market;]
    ([5]C) transactions reported on or through an exchange;
    ([6]D) the acquisition of securities by a member as principal in
anticipation of making an immediate exchange distribution or exchange
offering on an exchange; [and]
    ([7]E) purchases of securities off the floor of an exchange
pursuant to a tender offer[.]; and
    (F) transfers of securities made pursuant to an asset purchase
agreement (APA) that is subject to the jurisdiction and approval of a
court of competent jurisdiction in insolvency matters, provided that
the purchase price under the APA is not based on, and cannot be
adjusted to reflect, the current market prices of the securities on or
following the effective date of the APA.
    (2) The following shall not be reported to the FINRA/NSX Trade
Reporting Facility for publication purposes, but shall be reported for
regulatory transaction fee assessment purposes under Rule 7230B(f):
    (A) transactions where the buyer and seller have agreed to trade at
a price substantially unrelated to the current market for the security,
e.g., to enable the seller to make a gift; and
    (B) purchases or sales of securities effected upon the exercise of
an option pursuant to the terms thereof or the exercise of any other
right to acquire securities at a pre-established consideration
unrelated to the current market.
    (f) through (h) No Change.

6300C. FINRA/NYSE Trade Reporting Facility

* * * * *

6380C. Transaction Reporting

    (a) through (d) No Change.
    (e) [Transactions Not To Be Reported For Publication Purposes]
Reporting Requirements For Certain Transactions and Transfers of
Securities
    (1) The following [types of transactions] shall not be reported to
the FINRA/NYSE Trade Reporting Facility [for publication purposes]:
    ([1]A) transactions that are part of a primary distribution by an
issuer or of a registered secondary distribution (other than ``shelf
distributions'') or of an unregistered secondary distribution;

    ([2]B) transactions made in reliance on Section 4(2) of the
Securities Act;
    [(3) transactions where the buyer and seller have agreed to trade
at a price substantially unrelated to the current market for the
security, e.g., to enable the seller to make a gift;]
    [(4) purchases or sales of securities effected upon the exercise of
an option pursuant to the terms thereof or the exercise of any other
right to acquire securities at a pre-established consideration
unrelated to the current market;]
    ([5]C) transactions reported on or through an exchange;
    ([6]D) the acquisition of securities by a member as principal in
anticipation of making an immediate exchange distribution or exchange
offering on an exchange; [and]
    ([7]E) purchases of securities off the floor of an exchange
pursuant to a tender offer[.]; and
    (F) transfers of securities made pursuant to an asset purchase
agreement (APA) that is subject to the jurisdiction and approval of a
court of competent jurisdiction in insolvency matters, provided that
the purchase price under the APA is not based on, and cannot be
adjusted to reflect, the current market prices of the securities on or
following the effective date of the APA.
    (2) The following shall not be reported to the FINRA/NYSE Trade
Reporting Facility for publication purposes, but shall be reported for
regulatory transaction fee assessment purposes under Rule 7230C(f):
    (A) transactions where the buyer and seller have agreed to trade at
a price substantially unrelated to the current market for the security,
e.g., to enable the seller to make a gift; and
    (B) purchases or sales of securities effected upon the exercise of
an option pursuant to the terms thereof or the exercise of any other
right to acquire securities at a pre-established consideration
unrelated to the current market.
    (f) through (h) No Change.
* * * * *

6600. OTC REPORTING FACILITY

* * * * *

6620. Reporting Transactions in OTC Equity Securities

* * * * *

6622. Transaction Reporting

    (a) through (d) No Change.
    (e) [Transactions Not To Be Reported For Publication Purposes]
Reporting Requirements For Certain Transactions and Transfers of
Securities
    (1) The following [types of transactions] shall not be reported
[for publication purposes] to the OTC Reporting Facility:
    ([1]A) Transactions that are part of a primary distribution by an
issuer or a registered secondary distribution (other than ``shelf
distributions'') or of an unregistered secondary distribution;
    ([2]B) Transactions made in reliance on Section 4(2) of the
Securities Act; and
    [(3) Transactions where the buyer and seller have agreed to trade
at a price substantially unrelated to the current market for the
security;]
    [(4) Purchases or sales of securities effected upon the exercise of
an option pursuant to the terms thereof or the exercise of any other
right to acquire securities at a pre-established consideration
unrelated to the current market.]
    (C) transfers of securities made pursuant to an asset purchase
agreement (APA) that is subject to the jurisdiction and approval of a
court of competent jurisdiction in insolvency matters, provided that
the purchase price under the APA is not based on, and cannot be
adjusted to reflect, the current market prices of the securities on or
following the effective date of the APA.
    (2) The following shall not be reported to the OTC Reporting
Facility for publication purposes, but shall be reported for regulatory
transaction fee assessment purposes under Rule 7330(g):
    (A) Transactions where the buyer and seller have agreed to trade at
a price substantially unrelated to the current market for the security;
and
    (B) Purchases or sales of securities effected upon the exercise of
an option pursuant to the terms thereof or the exercise of any other
right to acquire securities at a pre-established consideration
unrelated to the current market.
    (f) through (g) No Change.
* * * * *

6630. Reporting Transactions in PORTAL[supreg] Securities

* * * * *

6633. Reporting Debt and Equity Transactions in PORTAL Securities

    (a) Subject to Rule 6622(e)(1), [T]transactions in a PORTAL equity
security shall be reported to the OTC Reporting Facility in accordance
with this Rule. Each PORTAL transaction report on a PORTAL equity
security shall:
    (1) through (3) No Change.
    (b) through (d) No Change.
* * * * *

6640. Reporting Transactions in Direct Participation Program Securities

* * * * *

6643. Transaction Reporting

    (a) through (d) No Change.
    (e) Transactions Not Required To Be Reported
    The following [transactions] are not required to be reported under
the foregoing procedures:
    (1) through (3) No Change.
    (4) Transfers of securities made pursuant to an asset purchase
agreement (APA) that is subject to the jurisdiction and approval of a
court of competent jurisdiction in insolvency matters, provided that
the purchase price under the APA is not based on, and cannot be
adjusted to reflect, the current market prices of the securities on or
following the effective date of the APA.

6700. TRADE REPORTING AND COMPLIANCE ENGINE (TRACE)

* * * * *

6730. Transaction Reporting

    (a) through (d) No Change.
    (e) [Transactions Exempt From Reporting] Reporting Requirements For
Certain Transactions and Transfers of Securities
    The following [types of transactions] shall not be reported:
    (1) through (5) No Change.
    (6) Transfers of securities made pursuant to an asset purchase
agreement (APA) that is subject to the jurisdiction and approval of a
court of competent jurisdiction in insolvency matters, provided that
the purchase price under the APA is not based on, and cannot be
adjusted to reflect, the current market prices of the securities on or
following the effective date of the APA.
    (f) No Change.
* * * * *

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

    In its filing with the Commission, FINRA 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. FINRA 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
    FINRA trade reporting rules require that over-the-counter
transactions in debt and equity securities be reported to FINRA unless
they qualify for an express exception under the rules.\6\ FINRA is
proposing to amend the trade reporting rules to clarify that in the
limited circumstance where securities are transferred pursuant to an
asset purchase agreement (``APA''), such transfer does not have to be
reported if (1) the APA is subject to the jurisdiction and approval of
a court of competent jurisdiction in insolvency matters; and (2) the
purchase price under the APA is not based on, and cannot be adjusted to
reflect, the current market prices of the securities on or following
the effective date of the APA.\7\
---------------------------------------------------------------------------

    \6\ See FINRA Rules 6282 (formerly NASD Rule 4632A); 6380A
(formerly NASD Rule 4632); 6380B (formerly NASD Rule 4632C); 6380C
(formerly NASD Rule 4632E); 6622 (formerly NASD Rule 6620); 6633
(formerly NASD Rule 6732); 6643 (formerly NASD Rule 6920); and 6730
(formerly NASD Rule 6230).
    \7\ Generally, an APA addresses both the assets and liabilities
to be transferred, which include both securities and non-securities
assets and liabilities. In such instance, the purchase price under
the APA would not be based solely on the securities positions, but
on the basket of assets and liabilities as a whole. FINRA notes that
where securities are the only asset being transferred pursuant to an
APA, such transfer may nonetheless qualify under the proposed rule
change where the APA is approved by the court and the purchase price
is not based on current or future market prices.
---------------------------------------------------------------------------

    FINRA believes that transfers effected pursuant to an APA under
these circumstances are not trade reportable events and that reporting
and dissemination of these transfers would not provide meaningful price
discovery information to the market. By contrast, a transfer of
securities pursuant to an APA where the terms of the APA dictate that
the securities be transferred based on market prices that are current
either on or following the effective date of the APA would be subject
to the trade reporting rules. Thus, for example, if under the terms of
the APA, the purchase price can be adjusted based on a change in the
market price of the securities between the agreement date and the
transfer date, the transfer of securities would be required to be
reported.
    Additionally, FINRA is proposing technical, non-substantive
amendments to reorganize certain of the trade reporting rules to
clarify that, as is the case today, the transactions and transfers
enumerated in new subparagraph (1) of the Rules are not to be reported
to FINRA, while the transactions enumerated in new subparagraph (2) of
the Rules are not to be reported to FINRA for publication purposes, but
must be reported for regulatory transaction fee assessment purposes.\8\
---------------------------------------------------------------------------

    \8\ See FINRA Rules 6282(i) (formerly NASD Rule 4632A); 6380A(e)
(formerly NASD Rule 4632); 6380B(e) (formerly NASD Rule 4632C);
6380C(e) (formerly NASD Rule 4632E); and 6622(e) (formerly NASD Rule
6620).
---------------------------------------------------------------------------

    FINRA rules have never required members to report the transactions
enumerated in new subparagraph (1) (e.g., transactions reported on or
through an exchange) to FINRA for either publication or regulatory
purposes. By contrast, members historically have been required to
report the transactions enumerated in new subparagraph (2) (i.e., away
from the market sales and transactions effected upon the exercise of an
over-the-counter option) to FINRA for purposes of regulatory
transaction fees under Section 3 of Schedule A to the By-Laws
(``Section 3''). Prior to 2006, these transactions were reported
manually and not through one of FINRA's automated reporting facilities.
In 2006, FINRA amended its rules and bylaws to require members to
report on an automated basis all transactions that are subject to a
regulatory transaction fee, but did not explicitly distinguish the two
categories of transactions (i.e., transactions that do not get reported
to FINRA at all and transactions that do not get reported for
publication purposes, but do get reported for regulatory transaction
fee assessment purposes) within the exceptions to the trade reporting
rules.\9\ The technical amendments that FINRA is proposing herein
merely seek to clarify that distinction. They will not change members'
reporting obligations or limit the transaction-related information that
FINRA receives.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 53977 (June 12,
2006), 71 FR 34976 (June 16, 2006) (order approving SR-NASD-2006-
055).
---------------------------------------------------------------------------

2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\10\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change will
clarify members' trade reporting obligations and enhance market
transparency.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA 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

    Written comments were neither solicited nor received.

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

    The Exchange represented that the proposed rule change qualifies
for immediate effectiveness pursuant to Section 19(b)(3)(A) of the
Exchange Act \11\ and Rule 19b-4(f)(6) thereunder \12\ because it: (i)
Does not significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) by its terms, does not become operative for 30 days from the
date on which it was filed, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest.\13\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ In addition, Rule 19b-4(f)(6)(iii) requires a self-
regulatory organization to give the Commission written notice of its
intent to file the proposed rule change at least five business days
prior to the date of filing of the proposed rule change, or such
shorter time as designated by the Commission. FINRA has satisfied
this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

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-FINRA-2008-060 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-FINRA-2008-060. 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 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; 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-FINRA-2008-060 and should be
submitted on or before January 20, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-30857 Filed 12-29-08; 8:45 am]

BILLING CODE 8011-01-P