[Federal Register: December 21, 2007 (Volume 72, Number 245)]
[Notices]
[Page 72690]
[DOCID:fr21de07-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-34-000]

Atmos Pipeline and Storage, LLC; Notice of Application

December 14, 2007.
    Take notice that on December 13, 2007, Atmos Pipeline and Storage,
LLC (Atmos), 5420 LBJ Freeway, Dallas, Texas 75240, filed in Docket No.
CP08-34-000, a petition for Exemption of Temporary Acts and Operations
from Certificate Requirements, pursuant to Rule 207(a)(5) of the
Commission's Rules of Practice and Procedure, and section 7(c)(1)(B) of
the Natural Gas Act, seeking approval of an exemption from certificate
requirements to perform temporary activities in order to drill test
wells and perform other activities to assess the optimal manner in
which to develop an underground natural gas storage facility in the
vicinity of Fort Necessity, Franklin Parish, Louisiana, all as more
fully set forth in the application which is on file with the Commission
and open to public inspection. The filing may also be viewed on the Web
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket

number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,

(202) 502-8659.
    Any questions regarding this application should be directed to
Counsel for Atmos Pipeline and Storage, LLC, James H. Jeffries IV,
Moore & Van Allen PLLC, 100 North Tryon Street, Charlotte, North
Carolina 28202-4003, or via telephone at<PHONE_NUMBER>, facsimile
number<PHONE_NUMBER>, or e-mail<EMAIL_ADDRESS>    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link.
    Comment Date: January 3, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-24767 Filed 12-20-07; 8:45 am]

BILLING CODE 6717-01-P


Mark Allen, General Manager Norbord Alabama, Incorporated 4400 Barton Industrial Boulevard Lanett, Alabama 36863 Dear Mr. Allen:

Thank you for your efforts in coordinating the August 19, 2003 site visit by U. S. Environmental Protection Agency ( EPA) and Research Triangle Institute ( RTI) personnel to the Norbord Alabama oriented strandboard ( OSB) facility in Huguley, Alabama. We appreciate the time that you, Michael Ellington, William A. Riley, and Denis Lalonde set aside for discussing the OSB production process.

Enclosed is a draft of the trip report ( Enclosure 1) that has been prepared based on the information obtained during the site visit. We would appreciate your reviewing the report for any errors or omissions. You may return the enclosed copy of the report with your written comments if you wish. A copy of the final version of the report incorporating your comments will be sent to you for your records. Because this report will eventually become a part of the public record, we want to portray your operation as accurately as possible. The custody receipt for the trip report is also enclosed. Please sign and date the form to acknowledge receipt of the report and return a copy of the form to the Document Control Officer, OAQPS IO/ PRRMS ( MD C404 02), U. S. Environmental Protection Agency, 109 TW Alexander Drive, Research Triangle Park, North Carolina 27709.

If you believe that disclosure of any specific information contained in the trip report would reveal trade secrets or other confidential information, you should clearly identify the specific information. If the EPA determines that there is a need to disclose such information, we will need, at that time, the following to support your claim:

1. Measures taken by Norbord Alabama to guard against undesired disclosure of the specific information to others;

2. The extent to which the specific information has been disclosed to others and the precautions taken in connection therewith; 2 3. Pertinent confidentiality determinations, if any, by other Federal agencies ( furnish a copy of any such determination, or reference to it, if available); and 4. Whether Norbord Alabama asserts that disclosure of the specific information would be likely to result in substantial harmful effects on its competitive position, and, if so, what those harmful effects would be, why they should be viewed as substantial, and an explanation of the causal relationship between disclosure and such harmful effects.

Any specific information subsequently determined to constitute a trade secret will be protected under 18 U. S. C. 1905. However, all emission data will be available to the public.

We respectfully request that you submit your review comments on the trip report by February 18, 2004. If you concur with the information contained in the trip report, we would appreciate a letter to that effect. In addition, please indicate in your letter or use the attached form ( Enclosure 2) to indicate whether the trip report is considered nonconfidential, partially confidential, or fully confidential. If we do not receive a response by February 18, 2004, the trip report will be considered nonconfidential and accurate.

Again, we appreciate the cordial reception and information provided by Norbord Alabama. The information you supplied will be most helpful to us. If you have any questions, please call Ms. Mary Tom Kissell of EPA at ( 919) 541 4516 or Ms. Katie Hanks of RTI at ( 919) 316 3732.

Sincerely,

K. C. Hustvedt, Group Leader Waste and Chemical Processes Group Emission Standards Division 2 Enclosures Enclosure 2 TO WHOM IT MAY CONCERN:

I have reviewed the attached draft trip report ( dated December 31, 2003) prepared by Ms. Kristin Parrish and Ms. Katie Hanks of Research Triangle Institute. Norbord Alabama considers the report to be:

_____ nonconfidential in its entirety.

_____ confidential in its entirety.

_____ partially confidential ( the portions that are considered to be confidential have been circled or otherwise noted on a copy of the report or in the attached cover letter).

Name: ____________________________________

Title: _____________________________________

Date: ____________________________________


[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Rules and Regulations]
[Pages 53870-53872]
[FR Doc No: 2021-21032]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0474; FRL-8755-02-R7]

Air Plan Approval; Missouri; Control of Emissions From Batch
Process Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP) for
the State of Missouri. This final action will amend the SIP to
incorporate revisions to Missouri's rule related to control of
emissions from batch process operations. These revisions update
references to the appropriate State rule for New Source Performance
Regulations. These revisions are administrative in nature and do not
reduce the stringency of the SIP or have an adverse impact to air
quality. The EPA's approval of this rule revision is being done in
accordance with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on October 29, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0474. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional information.

FOR FURTHER INFORMATION CONTACT: Robert F. Webber, Environmental
Protection Agency, Region 7 Office, Air Permitting and Standards
Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number:
(913) 551-7251; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.

Table of Contents

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

I. What is being addressed in this document?

    The EPA is approving revisions to the Missouri SIP received on
January 19, 2021. The revisions are to Title 10, Division 10 of the
Code of State Regulations (CSR), 10 CSR 10-5.540 ``Control of Emissions
From Batch Process Operations'' which limits the volatile organic
compound (VOC) emissions from batch process operations by incorporating
reasonably available control technology (RACT) requirements in the St.
Louis 1997 ozone nonattainment area as required by the Clean Air Act
Amendments (CAAA) of 1990. These revisions remove references to State
rule 10 CSR 10-6.030, ``Sampling Methods for Air Pollution Sources,''
and replaces them with references to 10 CSR 10-6.070, ``New Source
Performance Regulations,'' where the new source performance standards
in 40 CFR part 60 are appropriately incorporated by reference. These
revisions are described in detail in the technical support document
(TSD) included in the docket for this action.
    The public comment period on the EPA's proposed rule opened August
9, 2021, the date of its publication in the Federal Register and closed
on September 8, 2021 (86 FR 43459). During this period, the EPA
received no comments. The EPA is finalizing approval of the revisions
to this rule because it meets the requirements of the Clean Air Act and
will not have a negative impact on air quality.

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

    The State's submission has met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
state provided public notice on this SIP revision from December 16,
2019, to February 6, 2020 and received no comments. As explained in the
EPA's proposed rule and in the TSD included in the docket, the
revisions meet the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.

III. What action is the EPA taking?

    The EPA is taking final action to amend the Missouri SIP by
approving the State's request to revise 10 CSR 10-5.540, ``Control of
Emissions from Batch Process Operations.'' The EPA received no comments
on the revisions detailed in the EPA's proposed rule and the TSD
contained in the docket for this action. The EPA did not solicit
comments on existing rule text that has been previously approved by the
EPA into the SIP.

IV. Incorporation by Reference

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

    \1\ 62 FR 27968, May 22, 1997.
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V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States

Court of Appeals for the appropriate circuit by November 29, 2021.
Filing a petition for reconsideration by the Administrator of this
final rule does not affect the finality of this action for the purposes
of judicial review nor does it extend the time within which a petition
for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements (see section
307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Volatile organic compounds.

    Dated: September 22, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising
the entry ``10-5.540'' to read as follows:

Sec.  52.1320   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
        Missouri citation                Title            effective     EPA approval date       Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
10-5.540........................  Control of                7/30/2020  9/29/2021, [insert
                                   Emissions From                       Federal Register
                                   Batch Process                        citation].
                                   Operations.
----------------------------------------------------------------------------------------------------------------

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

* * * * *
[FR Doc. 2021-21032 Filed 9-28-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Page 23636]
[FR Doc No: 2017-10605]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a closed meeting on Thursday, May 25,
2017 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the closed meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit
consideration of the scheduled matter at the closed meeting.
    Commissioner Stein, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matter of the closed meeting will be: Institution and
settlement of injunctive actions; Institution and settlement of
administrative proceedings; and Other matters relating to enforcement
proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed; please contact Brent J. Fields from
the Office of the Secretary at<PHONE_NUMBER>.

     Dated: May 18, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-10605 Filed 5-19-17; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register: April 11, 2006 (Volume 71, Number 69)]
[Notices]
[Page 18311-18313]
[DOCID:fr11ap06-82]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

March 31, 2006.
    Take notice that the Commission received the following electric
rate filings.

    Docket Numbers: ER05-6-044; EL04-135-046; EL02-111-064; EL03-212-
060
    Applicants: Midwest Independent Transmission System Operator, Inc.;
PJM Interconnection, L.L.C.; Midwest ISO Transmission Owners; Midwest

StandAlone Transmission Companies; PJM and West Transmission Owners
Agreement Administrative Committees.
    Description: PJM Interconnection, LLC, Midwest ISO Transmission
Owners et al. jointly submit its revisions to their Joint Operating
Agreement.
    Filed Date: 03/21/2006.
    Accession Number: 20060328-0011.
    Comment Date: 5 p.m. Eastern Time on Tuesday, April 11, 2006.

    Docket Numbers: ER05-537-001.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits an Amended and Restated AC Intertie
Agreement with Bonneville Power Administration in compliance with
FERC's 3/15/05 Letter Order.
    Filed Date: 03/22/2006.
    Accession Number: 20060328-0014.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 12, 2006.

    Docket Numbers: ER05-1234-001.
    Applicants: Pacificorp.
    Description: PacifiCorp submits revised tariff sheets First Revised
Sheet 44 et al. to FERC Electric Tariff, Fifth Revised Volume 11, to be
effective 4/1/06.
    Filed Date: 03/22/2006.
    Accession Number: 20060328-0013.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 12, 2006.

    Docket Numbers: ER05-1501-001.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp. submits
its Simplified and Reorganized Tariff conformed through 3/6/06 in
response to the Commission 2/24/06 Order.
    Filed Date: 03/22/2006.
    Accession Number: 20060328-0113.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 12, 2006.

    Docket Numbers: ER06-726-000.
    Applicants: Madison Windpower, LLC.
    Description: Madison Windpower, LLC withdraws its Petition for
Order Accepting Market Based Rate Schedule filed 3/14/06.
    Filed Date: 03/22/2006.
    Accession Number: 20060322-5016
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 12, 2006.

    Docket Numbers: ER06-780-000.
    Applicants: American Electric Power Service Corporation.
    Description: American Electric Power Service Corp. on behalf of
American Electric Power Co., Inc Operating Companies submits a proposed
service agreement to transact with Ohio Valley Electric Corporation.
    Filed Date: 03/24/2006.
    Accession Number: 20060328-0084.
    Comment Date: 5 p.m. Eastern Time on Friday, April 14, 2006.

    Docket Numbers: ER06-781-000
    Applicants: New York State Electric & Gas Corporation.
    Description: New York State Electric & Gas Corp. submits its
Original Service Agreement 918, under New York Independent System
Operator, LLC's OATT, FERC Electric Tariff, Original Volume 1 with
Triton Power Co.
    Filed Date: 03/24/2006.
    Accession Number: 20060328-0146.
    Comment Date: 5 p.m. Eastern Time on Friday, April 14, 2006.

    Docket Numbers: ER06-782-000.
    Applicants: Tucson Electric Power Company.
    Description: Tuscon Electric Power Co. submits its transmission
line project participation agreement, Rate Schedule FERC 246, with
Electrical District 2, Pinal County et al., to be effective within 60
days of the 5/23/06 letter.
    Filed Date: 03/24/2006.
    Accession Number: 20060328-0015.
    Comment Date: 5 p.m. Eastern Time on Friday, April 14, 2006.

    Docket Numbers: ER06-783-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
proposed revisions to its Market Administration and Control Area
Services Tariff et al. to revise provisions re the review, challenge
and correction of customer settlement info.
    Filed Date: 03/24/2006.
    Accession Number: 20060328-0016.
    Comment Date: 5 p.m. Eastern Time on Friday, April 14, 2006.

    Docket Numbers: ER06-784-000.
    Applicants: Rumford Falls Hydro LLC.
    Description: Rumford Falls Hydro, LLC's application for market-
based rate authorization, certain waivers, and blanket authorizations
and request for expedited action.
    Filed Date: 03/24/2006.
    Accession Number: 20060328-0017.
    Comment Date: 5 p.m. Eastern Time on Friday, April 14, 2006.

    Docket Numbers: ER06-785-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.;
Midwest ISO Transmission Owners.
    Description: Midwest Independent Transmission System Operator, Inc.
and Midwest ISO Transmission Owners submit its proposed revisions to
the Midwest ISO Agreement, effective 4/1/06.
    Filed Date: 03/24/2006.
    Accession Number: 20060328-0018.
    Comment Date: 5 p.m. Eastern Time on Friday, April 14, 2006.

    Docket Numbers: ER06-786-000.
    Applicants: American Electric Power Services Corporation.
    Description: American Electric Power Service Corp., on behalf of
the AEP Eastern Operating Companies submits a Second Amended and
Restated PJM Services and Cost Allocation Agreement etc.
    Filed Date: 03/24/2006.
    Accession Number: 20060328-0019.
    Comment Date: 5 p.m. Eastern Time on Friday, April 14, 2006.

    Docket Numbers: ER06-787-000.
    Applicants: Idaho Power Company.
    Description: Idaho Power Co. submits revisions to its OATT, First
Revised Volume 5, along with a correction to its 3/24/05 filing filed
3/29/06.
    Filed Date: 03/24/2006; 03/29/06.
    Accession Number: 20060328-0101.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 19, 2006.

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

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in

Washington, DC. There is an eSubscription link on the Web site that
enables subscribers to receive e-mail notification when a document is
added to a subscribed dockets(s). For assistance with any FERC Online
service, please e-mail<EMAIL_ADDRESS>or call (866) 208-
3676 (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-5280 Filed 4-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Rules and Regulations]
[Pages 29209-29211]
[FR Doc No: 2015-12111]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31017; Amdt. No. 3643]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective May 21, 2015. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 21, 2015.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC, 20590-
0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South

MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK. 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part Sec.  97.20. The
applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A,
and 8260-15B when required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC on May 8, 2015.
John Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 25 JUNE 2015

Forrest City, AR, Forrest City Muni, GPS RWY 36, Orig-B, CANCELED
Forrest City, AR, Forrest City Muni, Takeoff Minimums and Obstacle
DP, Amdt 2, CANCELED
Washington, DC, Manassas Rgnl/Harry P Davis Field, Takeoff Minimums
and Obstacle DP, Amdt 4A
Homerville, GA, Homerville, NDB RWY 14, Amdt 3
Homerville, GA, Homerville, RNAV (GPS) RWY 14, Amdt 1
Homerville, GA, Homerville, RNAV (GPS) RWY 32, Amdt 1
Homerville, GA, Homerville, VOR/DME-A, Amdt 5
Boise, ID, Boise Air Terminal/Gowen Fld, ILS OR LOC/DME RWY 28R,
Orig
Boise, ID, Boise Air Terminal/Gowen Fld, RNAV (GPS) Y RWY 28R, Amdt
5
Gary, IN, Gary/Chicago Intl, Takeoff Minimums and Obstacle DP, Amdt
8
Detroit, MI, Willow Run, RNAV (GPS) RWY 14, Amdt 1, CANCELED
Camdenton, MO, Camdenton Memorial-Lake Rgnl, RNAV (GPS) RWY 15, Amdt
1A
Camdenton, MO, Camdenton Memorial-Lake Rgnl, RNAV (GPS) RWY 33, Amdt
1A
Camdenton, MO, Camdenton Memorial-Lake Rgnl, VOR-A, Amdt 5B
Deming, NM, Deming Muni, RNAV (GPS) RWY 26, Orig, CANCELED
Deming, NM, Deming Muni, RNAV (GPS)-A, Orig
Kingston, NY, Kingston-Ulster, RNAV (GPS) RWY 15, Amdt 1

Kingston, NY, Kingston-Ulster, RNAV (GPS) RWY 33, Amdt 1
Millersburg, OH, Holmes County, GPS RWY 27, Orig, CANCELED
Millersburg, OH, Holmes County, RNAV (GPS) RWY 9, Orig
Millersburg, OH, Holmes County, RNAV (GPS) RWY 27, Orig
Millersburg, OH, Holmes County, Takeoff Minimums and Obstacle DP,
Amdt 2
Millersburg, OH, Holmes County, VOR-A, Amdt 7
Corvallis, OR, Corvallis Muni, Takeoff Minimums and Obstacle DP,
Amdt 6
North Bend, OR, Southwest Oregon Rgnl, COPTER ILS OR LOC RWY 4, Amdt
1
North Bend, OR, Southwest Oregon Rgnl, ILS OR LOC RWY 4, Amdt 8
North Bend, OR, Southwest Oregon Rgnl, NDB RWY 4, Amdt 6
North Bend, OR, Southwest Oregon Rgnl, RNAV (GPS) Y RWY 4, Amdt 1
North Bend, OR, Southwest Oregon Rgnl, RNAV (RNP) Z RWY 4, Amdt 1
North Bend, OR, Southwest Oregon Rgnl, Takeoff Minimums and Obstacle
DP, Amdt 6
North Bend, OR, Southwest Oregon Rgnl, VOR-A, Amdt 6
North Bend, OR, Southwest Oregon Rgnl, VOR/DME RWY 4, Amdt 11
North Bend, OR, Southwest Oregon Rgnl, VOR/DME-B, Amdt 5
Tillamook, OR, Tillamook, RNAV (GPS) RWY 13, Orig-A
Bedford, PA, Bedford County, RNAV (GPS) RWY 14, Amdt 2
Bedford, PA, Bedford County, RNAV (GPS) RWY 32, Amdt 2
Wilkes-Barre/Scranton, PA, Wilkes-Barre/Scranton Intl, ILS OR LOC/
DME RWY 22, Amdt 9
Brookings, SD, Brookings Rgnl, ILS OR LOC RWY 12, Orig
Brookings, SD, Brookings Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 2
Dallas-Fort Worth, TX, Dallas Fort/Worth Intl, ILS OR LOC RWY 36L,
ILS RWY 36L (SA CAT II), Amdt 3
Mesquite, TX, Mesquite Metro, ILS OR LOC RWY 18, Amdt 1D
Mesquite, TX, Mesquite Metro, LOC/DME BC RWY 36, Amdt 4
Mesquite, TX, Mesquite Metro, RNAV (GPS) RWY 18, Amdt 1A
Mesquite, TX, Mesquite Metro, RNAV (GPS) RWY 36, Amdt 2
Mesquite, TX, Mesquite Metro, Takeoff Minimums and Obstacle DP, Amdt
4A
New Braunfels, TX, New Braunfels Rgnl, Takeoff Minimums and Obstacle
DP, Amdt 1
Sturgeon Bay, WI, Door County Cherryland, SDF RWY 2, Amdt 8A,
CANCELED
[FR Doc. 2015-12111 Filed 5-20-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 5, 2007 (Volume 72, Number 213)]
[Notices]
[Page 62508-62510]
[DOCID:fr05no07-87]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56717; File No. SR-Phlx-2007-73]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Order Granting Accelerated Approval of a Proposed
Rule Change and Amendment No. 1 Thereto to List and Trade Options
Already Listed on Another National Securities Exchange

October 29, 2007.
    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 September 21, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by Phlx. On
October 18, 2007, Phlx filed Amendment No. 1 to the proposed rule
change.\3\ This order provides notice of the proposal, as amended, and
approves the proposal on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 supercedes the original filing and replaces
it in its entirety.
---------------------------------------------------------------------------

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

    The Phlx proposes to amend Phlx Rule 1009 to enable it to list and
trade equity options that are otherwise ineligible for listing and
trading on the Exchange if such options are listed and traded on
another national securities exchange and the security or securities
underlying such options meet Phlx's continued listing requirements.
    The text of the proposed rule change is available on Phlx's Web
site (http://www.phlx.com), at Phlx's principal office and at the

Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to revise the options
listing standards in Phlx Rule 1009 so that as long as the options
maintenance listing standards set forth in Phlx Rule 1010 are met and
the option is listed and traded on another national securities
exchange, Phlx would be able to list and trade the option. Phlx Rule
1009 sets forth the requirements that an underlying equity security
must meet before the Exchange may initially list options on that
security. Phlx notes that these requirements are uniform among the
options exchanges.
    Commentary .01(4) to Phlx Rule 1009 relates to the minimum market
price at which an underlying security must trade for an option to be
listed on it, and applies to the listing of individual equity options
on both ``covered'' and ``uncovered'' underlying securities. In the
case of an underlying security that is a ``covered security'' as
defined under section 18(b)(1)(A) of the Securities Act of 1933 (``1933
Act''),\4\ the closing market price of the underlying security must be
at least $3 per share for five previous consecutive business days prior
to the date on which Phlx submits an option class certification to The
Options Clearing Corporation (``OCC''). In connection with underlying
securities deemed to be ``uncovered,'' Phlx's rules require that the
closing price of such underlying security be at least $7.50 for the
majority of business days during the three calendar months preceding
the date of selection for such listing. In addition, an alternative
listing procedure for ``uncovered'' securities also permits the listing
of such options so long as: (1) The underlying security meets the
guidelines for continued approval contained in Phlx Rule 1010; (2)
options on such underlying security are traded on at least one other
registered national securities exchange; and (3) the average daily
trading volume (``ADTV'') for such options over the last three calendar
months preceding the date of selection has been at least 5,000
contracts. Subparagraphs (1) through (4) of Commentary .01 to Phlx Rule
1009 further set forth minimum requirements for an underlying security
such as shares outstanding, number of holders and trading volume.
---------------------------------------------------------------------------

    \4\ Section 18(b)(1)(A) of the 1933 Act provides that `` [a]
security is a covered security if such security is * * * listed, or
authorized for listing, on the New York Stock Exchange or the
American Stock Exchange, or listed or authorized for listing on the
National Market System of the Nasdaq Stock Market (or any successor
to such entities) * * *.'' See 15 U.S.C. 77r(b)(1)(A).
---------------------------------------------------------------------------

    When Phlx first commenced operations, if an option failed to meet
the Exchange's original listing requirements, Phlx could not list that
option, even if the option met the continued listing requirements of
one or more other exchanges and traded on those exchanges. In order to
somewhat remedy this situation, in 2002, the Exchange proposed, and the
Commission approved, amendments to Phlx's original listing criteria
that permitted Phlx to list options where the underlying ``uncovered''
security did not meet the $7.50 share price requirement so long as (i)
the underlying security met Phlx's continued listing criteria, (ii)
such options were traded on at least one other exchange, and (iii)
during the three preceding calendar months, the

options had ADTV across all exchanges of at least 5,000 contracts.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 46789 (November 7,
2002), 67 FR 69284 (November 15, 2002) (order granting approval of
proposal relating to maintenance listing criteria in Phlx Rule 1010
and original listing criteria in Phlx Rule 1009) (the ``2002
Filing'').
---------------------------------------------------------------------------

    The Exchange notes that the 2002 Filing, while permitting the Phlx
to list some of the more actively-traded options, does not permit the
listing of non-active options that are currently trading at other
options exchanges. The options exchange (or exchanges) that may be
fortunate enough to list an option that at first met the original
listing criteria, but subsequently fails to do so, is provided a
trading monopoly inconsistent with the multiple trading of options,
fostering competition and the maintenance of a national market system.
Under this proposed rule change, an option may be multiply-listed and
traded as long as one other options exchange is trading the particular
option and such underlying security of the option meets the Exchange's
continued listing requirements.
    Phlx notes that the requirements for listing additional series of
an existing listed option (i.e., continued listing guidelines) are less
stringent, largely because, in total, the Exchange's guidelines assure
that options will be listed and traded on securities of companies that
are financially sound and subject to adequate minimum standards.
    Phlx believes that although the continued listing requirements are
uniform among the other options exchanges, the application of both the
original and continued listing standard in the current market
environment have had an anti-competitive effect. Specifically, the
Exchange notes that on several occasions it has been unable to list and
trade options classes that trade elsewhere because the underlying
security of such option did not at that time meet original listing
standards. However, the other options exchange(s) may continue to trade
such options (and list additional series) based on the lower
maintenance listing standards, while Phlx may not list any options on
such underlying security. The Exchange believes this clearly is anti-
competitive and inconsistent with the aims and goals of a national
market system in options.
    To address this situation, the Exchange proposes to add new
Commentary .01(6) to Phlx Rule 1009 and amend the current listing
requirement adopted by the 2002 Filing. Specifically, proposed
Commentary .01(6) provides that notwithstanding that a particular
underlying security may not meet the requirements set forth in
Paragraphs (1) through (4) of Commentary .01, the Exchange nonetheless
could list and trade an option on such underlying security if (i) the
underlying security meets continued listing requirements under Phlx
Rule 1010; and (ii) options on such underlying security are listed and
traded on at least one other registered national securities exchange.
Consequently, the second half of Commentary .01(4)(ii) to Phlx Rule
1009, which references an alternative original listing requirement for
``uncovered securities,'' would be deleted. In connection with the
proposed changes, the Exchange represents that the procedures currently
employed to determine whether a particular underlying security meets
the initial listing criteria will similarly be applied to the continued
listing criteria.
    Phlx believes that this proposal is narrowly tailored to address
the circumstances where an options class is currently ineligible for
listing on the Exchange while at the same time, such option is trading
on another options exchange(s). The Exchange submits that the adoption
of the proposal is essential for competitive purposes and to promote a
free and open market for the benefit of investors.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\6\ in general, and furthers the objectives of Section
6(b)(5),\7\ specifically, in that it is designed to perfect the
mechanism of a free and open market and the national market system,
protect investors and the public interest and promotes just and
equitable principles of trade. The proposal would achieve this by
enabling Phlx to list an option that is listed and traded on another
national securities exchange and the underlying security meets Phlx
continued listing standards.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 either solicited or received.

III. 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-Phlx-2007-73 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-Phlx-2007-73. 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 Phlx. 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-Phlx-2007-73 and should

be submitted on or before November 26, 2007.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
regulations thereunder applicable to a national securities exchange.\8\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\9\ which requires that the
rules of an exchange be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The proposal is narrowly tailored to
address the circumstances where an equity option class is currently
ineligible for initial listing on the Exchange even though it meets the
Exchange's continued listing standards and is trading on another
options exchange. Allowing Phlx to list and trade options on such
underlying securities should help promote competition among the
exchanges that list and trade options. The Commission notes, and the
Exchange represents, that the procedures that the Exchange currently
employs to determine whether a particular underlying security meets the
initial equity option listing criteria for the Exchange will similarly
be applied when determining whether an underlying security meets the
Exchange's continued listing criteria.
---------------------------------------------------------------------------

    \8\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds good cause, pursuant to Section 19(b)(2)(B) of
the Act,\10\ for approving the proposed rule change prior to the 30th
day after the publication of the notice of the filing thereof in the
Federal Register. The Commission notes that the proposed rule change is
substantially identical to a proposed rule change submitted by the
American Stock Exchange LLC,\11\ which was previously approved by the
Commission after an opportunity for notice and comment, and therefore
does not raise any new regulatory issues.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
    \11\ See Securities Exchange Act Release No. 56598 (October 2,
2007), 72 FR 57615 (October 10, 2007) (SR-Amex-2007-48). See also
Securities Exchange Act Release No. 56647 (October 11, 2007), 72 FR
58702 (October 16, 2007) (SR-ISE-2007-80) (substantially identical
proposed rule change approved on an accelerated basis).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\12\ that the proposed rule change (SR-Phlx-2007-73), as amended,
be, and it hereby is, approved on an accelerated basis.
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    \12\ Id.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-21634 Filed 11-2-07; 8:45 am]

BILLING CODE 8011-01-P