[Federal Register: December 31, 2008 (Volume 73, Number 251)]
[Notices]
[Page 80494-80502]
[DOCID:fr31de08-115]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59142; File No. SR-NYSEALTR-2008-14]

Self-Regulatory Organizations; NYSE Alternext US LLC; Notice of
Filing of Proposed Rule Change Amending Rules Governing the Trading of
Listed Options on NYSE Amex

December 22, 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 19, 2008, NYSE Alternext US LLC (``NYSE Alternext'', ``NYSE
Amex Options'', ``NYSE Amex'', or the ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules governing the trading of
listed options on NYSE Amex. With this filing, the Exchange proposes to
a) adopt new rules for the implementation of a new trading platform for
options, NYSE Amex System (``System'') and (b) govern open outcry
trading at the Exchange's new location at 11 Wall Street, New York, NY.
The proposed new rule set text is designated Section 900NY, and is
shown in the Exhibit 5.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nyse.com, at the Exchange's principal office,
and at the Commission's Public Reference Room. The text of Exhibit 5 is
also available on the Commission's Web site (http://www.sec.gov/rules/
sro.shtml).

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 those statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The Exchange proposes to introduce a modern electronic trading
platform to support options trading, and in addition, proposes to
update and reorganize open outcry trading at the time of the migration
to the new platform and the move to a new Options Trading Floor at 11
Wall Street, New York, NY. The new rule set is proposed as Section
900NY.
    Rule Section 900NY will replace certain existing NYSE Alternext
Rules. These are, under General Rules, Rule 1, Hours of Business; Rule
2, Visitors; Rule 21, Appointment of the Senior Supervisory Officer,
Senior Floor Officials, Exchange Officials and Floor Officials; Rule
21, Authority of Floor Officials; Rule 27A, Allocation of Options; Rule
170, Registration and Functions of Specialists. Under Trading of
Options Contracts, the superseded Rules are, in Section 1, Rule 900,
Applicability, Definitions and References; in Section 2, Rule 918,
Trading Rotations, Halts, and Suspensions; in Section 3, Rule 933,
Automatic Execution of Options Orders; Rule 934, Limitation on Orders;
Rule 936, Cancellation and Adjustment of Equity Options Transactions;
in Section 4, Rule 941, Operation of the Linkage; Rule 942, Order
Protection; Rule 943, Locked Markets; Rule 944, Limitation on Principal
Order Access.
    Additionally, Section 900NY will replace, in Section 5--Floor Rules
Applicable to Options, Rule 950, Rules of General Applicability; Rule
951, Premium Bids and Offers; Rule 952, Minimum Price Variations; Rule
953, Acceptance of Bid or Offer; Rule 954, Units of Trading; Rule 955,
Floor Reports of Exchange Options Transactions; Rule 956, Open Orders
on ``Ex Date''; Rule 957, Accounts, Orders and Records of Registered
Traders, Designated NYSE Alternext Remote Traders, Specialists and
Associated Persons; Rule 958, Options Transactions of Registered
Traders; Rule 958A, Application of the Firm Quote Rule, Rule 959,
Accommodation Transactions; in Section 9, Rule 992, Exchange Options
Market Data System; in Section 11--Stock Index Options, Rule 918C,
Trading Rotations, Halts and Suspensions; and in ANTE Rules, all Rules
(Rule 900-ANTE through Rule 997-ANTE).
    These Rules will be deleted in a separate filing.
    Various provisions contained in the proposed rules define and
describe the use of a Routing Broker. A full description of the
relationship between the Exchange and the Routing Broker will be
submitted in a separate filing.
    NYSE Amex proposes to establish rules for NYSE Amex System, a fully
automated trading system for standardized equity and index options
intended to replace the Exchange's current options trading platform,
ANTE. The System will provide automatic order execution capabilities in
the options securities listed and traded on NYSE Amex. Market Makers
will be able to stream quotes to the System from on the Trading Floor
or remotely. The proposed NYSE Amex System is an electronic market
structure which encompasses customer priority while essentially
allowing market makers and non customers to compete on a ``size pro
rata'' basis, and will be available for the entry and execution of
quotes and

orders to ATP Holders. Participation entitlements are reserved for
Specialists, e-Specialists, and Directed Order Market Makers. The rules
governing Specialists and size pro rata trade allocation are
substantially based on rules which had been approved for the Pacific
Exchange and its PCX Plus Platform; \3\ additional rules regarding e-
Specialists are based on approved rules of the Chicago Board Options
Exchange; \4\ while rules outlining entitlements of Directed Order
Market Makers are based on the rules of the NASDAQ OMX PHLX, Inc.\5\
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    \3\ See SR-PCX-2003-36, Securities Exchange Act Release No.
47838.
    \4\ See CBOE Rules 8.87 and 8.92-8.94.
    \5\ See PHLX Rule 1080(1).
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    NYSE Alternext proposes to issue Amex Trading Permits (``ATPs''),
as defined in proposed Rule 900.2NY(4), for effecting approved
securities transaction on the Exchange's Trading Facilities. NYSE
Alternext Rules 40, 350, 353, 353A, 358, 358A, 359, 359A, and 359B are
being amended to reflect the change from 86 Trinity Permits to Amex
Trading Permits. Current 86 Trinity Permits will be easily converted to
Amex Trading Permits with a simple conversion form submitted to the
Exchange. No material change is being made to these Rules, although
some outdated provisions, such as the requirement for a medical
examination, are being removed. The Exchange is also eliminating the
concept of ``nominee''.
    Access to the NYSE Amex System and business on the Trading Floor is
limited to Amex Trading Permit Holders (``ATP Holders''), as defined in
proposed Rule 900.2NY(5). ATP Holders are natural persons, sole
proprietorships, partnerships, corporations, limited liability
companies, or other organizations that have been issued an ATP.
References in the Rules of NYSE Alternext to ``member,'' ``member
organization,'' and ``86 Trinity Permit Holder'' should be deemed to be
references to ATP Holders. In addition, within Rule Section 900NY,
(specifically Rules 920NY-928NY) are rules which describe Market
Makers, Specialists, and electronic Specialists, and their respective
rights and obligations. These are similar to NYSE Arca rules 6.32-6.40.
    In connection with the implementation of the System, NYSE Amex
proposes to adopt definitions applicable to activity on the System. The
most significant of the proposed definitions are as follows:
    Proposed NYSE Amex Rule 900.2NY(44). NOW Recipients. As described
further below, NYSE Amex proposes to add ``NOW Order'' as a new order
type. Users will be permitted to designate orders entered on the System
as ``NOW Orders.'' NOW Orders are limit orders that are to be executed
in whole or in part on the System. Any portion of such orders not
executed on the System will be routed to one or more ``NOW Recipients''
for immediate execution. ``NOW Recipients'' include any Market Center
(1) with which NYSE Amex maintains an electronic linkage, and (2) that
provides instantaneous responses to NOW Orders routed from the System.
NYSE Amex will designate those Market Centers that qualify as NOW
Recipients and periodically publish such information via its Web site.
Any portion of a NOW Order not immediately executed by the NOW
Recipient will be cancelled. If a NOW Order is not marketable when it
is submitted to the System, it will be cancelled.
    Proposed NYSE Amex Rule 900.3NY. In addition to certain existing
order types (e.g., Limit Orders, Market Orders), NYSE Amex is proposing
to add several new order types available for entry on the System. These
include the following:
    Proposed NYSE Amex Rule 900.3NY(c). Inside Limit Order. An ``Inside
Limit Order'' is a Limit Order, which, if routed away pursuant to Rule
964NY, will be routed to the market participant with the best displayed
price. Any unfilled portion of the order will not be routed to the next
best price level until all quotes at the current best bid or offer are
exhausted. If the order is no longer marketable it will be ranked in
the Consolidated Book pursuant to Rule 964NY.
    Proposed NYSE Amex Rule 900.3NY(d). Working Order. Working Orders
consist of several existing order types (i.e., All-or-None Orders, Stop
Order) as well as several new order types (i.e., Reserve Orders, Stock
Contingency Orders, Tracking Orders). Working orders are maintained in
the Consolidated Book Working Order Process, are not disseminated on
the System and are executed in accordance with NYSE Amex Rule 964NY. A
Working Order is any order that has a conditional or undisplayed price
and/or size designated as a ``Working Order'' by NYSE Amex, including,
without limitation:
    (1) Reserve Order. A limit order with a portion of the size
displayed (``display size'') and with a reserve portion of the size
(``reserve size'') that is not displayed on the System.
    (2) All-or-None Order (``AON Order''). A Market or Limit Order that
is to be executed in its entirety or not at all.
    (3) Stop Order. A Stop Order is an order that becomes a Market
Order when the market for a particular option contract reaches a
specified price. A Stop Order to buy becomes a Market Order when the
option contract trades at or above the stop price on the System or
another Market Center or when the NYSE Amex bid is quoted at or above
the stop price. A Stop Order to sell becomes a Market Order when the
option contract trades at or below the stop price on the System or
another Market Center or when the NYSE Amex offer is quoted at or below
the stop price. Stop Orders (including Stop Limit Orders) shall not
have standing in any order process in the Consolidated Book and shall
not be displayed.
    (4) Stop Limit Order. A Stop Limit Order is an order that becomes a
Limit Order when the market for a particular option contract reaches a
specified price. A Stop Limit Order to buy becomes a Limit Order when
the option contract trades at or above the stop price on the System or
another Market Center or when the NYSE Amex bid is quoted at or above
the stop price. A Stop Limit Order to sell becomes a Limit Order when
the option contract trades at or below the stop price on the System or
another Market Center or when the NYSE Amex offer is quoted at or below
the stop price.
    (5) Stock Contingency Order. An option order the execution of which
is contingent upon the last sale price as specified by the User of the
underlying stock traded at the primary marketplace.
    (6) Tracking Order. A Tracking Order is an undisplayed limit order
that is eligible for execution in the Working Order Process against
orders equal to or less than the size of the Tracking Order. While
Tracking Orders are ranked at their limit price, they are only eligible
for execution at a price that matches the NBBO.
    For instance, the NBBO market in a series is 2.05-2.15, with a 2.10
Tracking Order to buy 10 contracts, but the NYSE Amex displayed bid is
2.00. An order is received to sell 6 contracts at 2.05; this order will
be matched against the 2.10 buy Tracking Order at a price of 2.05,
matching the NBBO.
    Similarly, with the same initial scenario, a second Tracking Order
to buy 20 contracts paying 2.05 is placed in the Consolidated Book. An
order is received to sell 15 contracts at 2.05. This order is matched
against the second Tracking Order, since it outsizes the first Tracking
Order. It will be executed at 2.05, the NBBO price.
    If a Tracking Order is executed but not exhausted, the remaining
portion of the order shall be cancelled, without

routing the order to another market center or market participant. A
Tracking Order shall not trade-through the NBBO.
    Proposed NYSE Amex Rule 900.3NY(o). NOW Order. A ``NOW Order'' is a
Limit Order that is to be executed in whole or in part on the System,
and the portion not so executed will be routed pursuant to Rule 964NY
only to one or more NOW Recipients for immediate execution as soon as
the order is received by the NOW Recipient. Any portion not immediately
executed by the NOW Recipient will be cancelled. If a NOW Order is not
marketable when it is submitted to NYSE Arca System, it will be
cancelled.
    Proposed NYSE Amex Rule 900.3NY(p). PNP Order. A ``PNP Order''
(Post No Preference) is a Limit Order to buy or sell that is to be
executed in whole or in part on NYSE Amex, and the portion not so
executed is to be ranked in the Consolidated Book, without routing any
portion of the order to another market center; provided, however, NYSE
Amex shall cancel a PNP Order that would lock or cross the NBBO.
    Proposed NYSE Amex Rule 902NY. NYSE Amex is proposing NYSE Amex
Rule 902NY to govern Access and Conduct on the Trading Floor at its new
location at 11 Wall Street. Although the Options Trading Floor will be
physically separated from the New York Stock Exchange and NYSE
Alternext equity trading floor, the floors will be managed and overseen
by combined NYSE Euronext employees, and the standards of dress and
conduct for the Options Floor will be the same as the standards for the
equity floor. Rule 902NY also describes additional standards of dress
and conduct that will apply to the Options Floor, consistent with
standards for the NYSE Arca Options Trading Floor.\6\ ATP Holders on
the Trading Floor will be either Market Makers (including Specialists)
or Floor Brokers.
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    \6\ See NYSE Arca Rule 6.2.
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    The Exchange currently has four general classifications of Market
Maker: Specialist, Registered Options Trader (``ROT''), Supplemental
Registered Options Traders (``SROT''), and Remote Registered Options
Trader (``RROT''). Under the proposed new Rules, these will remain
essentially the same, although ROTs and SROTs will be combined into one
classification as Floor Market Maker. RROTs will become Remote Market
Makers.
    There will be no limit to the number of Remote Market Makers, and
no limit to the number of Floor Market Makers. The only significant
change to the operations of Floor Market Makers is that the ``join
quote'' mechanism described in Rule 958-ANTE (Options Transactions of
Registered Options Traders and Supplemental Registered Options Traders
and Remote Registered Options Traders) will not be available on the new
System, and each Floor Market Maker will be required to submit quotes
though their own proprietary quoting device.
    Proposed NYSE Amex Rule 902.1NY. Proposed NYSE Amex Rule 902.1NY
will govern access to the System and the expected conduct of ATP
Holders and persons employed by or associated with an ATP Holder. The
Exchange also proposes in Rule 902.1NY to allow access to the System by
Sponsored Participants. ATP Holders, and persons employed by or
associated with any ATP Holder, while using the facilities of NYSE
Amex, may not engage in conduct: (i) Inconsistent with the maintenance
of a fair and orderly market; (ii) apt to impair public confidence in
the operations of NYSE Amex; or (iii) inconsistent with the ordinary
and efficient conduct of business. Activities that may violate these
provisions include, but are not limited to: (a) Failure of a Market
Maker to provide quotations in accordance with Rule 925NY; (b) failure
of a Market Maker to bid or offer within the ranges specified by Rule
925NY; (c) failure of an ATP Holder to adequately supervise a person
employed by or associated with such ATP Holder to ensure that person's
compliance with NYSE Amex Rules; (d) failure to abide by a
determination of NYSE Amex; and (e) refusal to provide information
requested by NYSE Amex.
    Proposed NYSE Amex Rule 920NY. Proposed NYSE Amex Rule 920NY
defines ``Market Maker'' on the NYSE Amex System. A Market Maker on the
System will be an ATP Holder registered with NYSE Amex for the purpose
of submitting quotes electronically and making transactions as a
dealer-specialist through the System from on the trading floor or
remotely from off the trading floor. A Market Maker submitting quotes
remotely is not eligible to participate in trades effected in open
outcry except to the extent that such Market Maker's quotation
represents the best bid or offer on the Exchange (``BBO''). Market
Makers will be designated as specialists on NYSE Amex for all purposes
under the Act and the Rules and Regulations thereunder. A Market Maker
on NYSE Amex will be either a Specialist, a Floor Market Maker or a
Remote Market Maker.
    A Specialist must provide continuous two-sided quotations
throughout the trading day in its appointed issues for 90% of the time
the Exchange is open for trading in each issue. Specialists are
assigned a location on the Floor where their issues will trade; e-
Specialists are Market Makers located off the Floor who also have a 90%
quoting obligation.
    Remote Market Makers (``RMMs'') are Market Makers who must provide
continuous two sided quotations throughout the trading day in their
appointed issues for 60% of the time the Exchange is open for trading
in each issue. RMMs are located off the Floor of the Exchange, and
generally have no rights with respect to open outcry transactions that
take place on their quoted prices.
    Floor Market Makers (``FMMs'') are Market Makers who also must
provide continuous two sided quotations throughout the trading day in
their appointed issues for 60% of the time the Exchange is open for
trading in each issue, and, in addition, are appointed to a Trading
Zone on the Floor.
    Unless specified, or unless the context requires otherwise, the
term Market Maker in the NYSE Amex Rules refers to Specialists, Floor
Market Makers, and Remote Market Makers.\7\
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    \7\ See e-mail dated December 22, 2008, from Andrew B. Stevens,
Chief Counsel--U.S. Equities & Derivatives, NYSE Euronext, Inc., to
Natasha Cowen, Special Counsel, Division of Trading and Markets,
Commission (restoring certain unintentionally omitted text).
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    Proposed NYSE Amex Rule 921.1NY. The Exchange is proposing NYSE
Amex Rule 921.1NY to limit Remote Market Maker access to the System to
those ATP Holders or officers, partners, employees or associated
persons of ATP Holders that are registered with NYSE Amex as Market
Maker Authorized Traders (``MMATs''). MMATs will be required to pass an
NYSE Amex conducted examination to demonstrate their knowledge of NYSE
Amex rules prior to being approved by NYSE Amex as an MMAT. NYSE Amex
also may require a Remote Market Maker to provide additional
information NYSE Amex considers necessary to establish whether a person
should be approved as an MMAT. A person may be approved conditionally
as an MMAT subject to any conditions NYSE Amex's Chief Regulatory
Officer considers appropriate in the interests of maintaining a fair
and orderly market.
    Rule 921.1NY will permit NYSE Amex to suspend or withdraw the
registration of an MMAT if NYSE Amex determines that: (i) The person
has caused the Market Maker to fail to comply with the Rules of NYSE
Amex;

(ii) the person is not properly performing the responsibilities of an
MMAT; (iii) the person has failed to meet the conditions described
above (e.g., failed the Exchange administered examination); or (iv)
NYSE Amex believes it is in the best interest of fair and orderly
markets. If NYSE Amex suspends the registration of a person as an MMAT,
the Remote Market Maker must not allow the person to submit quotes and
orders on NYSE Amex System. The registration of an MMAT also will be
withdrawn upon the written request of the ATP Holder for which the MMAT
is registered. Such written request must be submitted on the form
prescribed by NYSE Amex.
    Proposed NYSE Amex Rule 922NY. Proposed NYSE Amex Rule 922NY is
based on NYSE Arca Rule 6.34, prohibits ATP Holders who are physically
on the Floor from trading for their own personal account or for an
account in which they have an interest, unless part of their market
making obligations. Floor Brokers are thus prohibited from trading for
an account for which they have an interest except to resolve a bona
fide error resulting from their floor brokerage business.
    Proposed NYSE Amex Rule 923NY. NYSE Amex is proposing changes to
the manner in which Market Maker appointments are made. Similar to
current NYSE Arca Rule 6.35, Market Makers will be required to apply
for an appointment in one or more options classes. NYSE Amex may
appoint one Specialist per option class, additional e-Specialists, and
an unlimited number of Market Makers in each class unless NYSE Amex
determines that the number of Market Makers appointed to a particular
option class should be limited whenever, in NYSE Amex's judgment,
system capacity limits the number of Market Makers who may participate
in a particular option class.
    NYSE Amex is proposing to delineate the number of classes per ATP
that a Market Maker may select for its appointment as follows: (i)
Market Makers with one ATP will have up to 100 option issues included
in their appointment; (ii) Market Makers with two ATPs will have up to
250 option issues included in their appointment; (iii) Market Makers
with three ATPs will have up to 750 option issues included in their
appointment; and (iv) Market Makers with four ATPs will have all option
issues traded on NYSE Amex included in their appointment. Market Makers
may select from among any option issues traded on NYSE Amex for
inclusion in their appointment, subject to the approval of NYSE Amex.
    In addition, Floor Market Makers must select appointment to a
Trading Zone on the Floor. The issues assigned to a Trading Zone by the
Exchange will not be counted towards the number of issues per ATP
selected by the Floor Market Maker. All transactions by a Market Maker
in open outcry effected in issues in their appointed Trading Zone will
be considered as transactions within their primary appointment.
Specialists will be appointed to the Trading Zone designated for their
issues.
    NYSE Amex will continue to consider the following factors when
determining whether to approve the appointment of a Market Maker in
each security: (i) The Market Maker's preference; (ii) the financial
resources available to the Market Maker; (iii) the Market Maker's
experience, expertise and past performance in making markets, including
the Market Maker's performance in other securities; (iv) the Market
Maker's operational capability; and (v) the maintenance and enhancement
of competition among Market Makers in each security in which they are
appointed.
    Market Makers will be permitted to change the option issues that
are included in their appointment, subject to the approval of NYSE Amex
and provided that such request is made in a form and manner prescribed
by NYSE Amex. In considering whether to approve Market Makers' request
to change their appointment, NYSE Amex will consider the five factors
set forth directly above. Market Makers will be permitted to withdraw
from trading an option issue that is within their appointment by
providing NYSE Amex with three business days' written notice of such
withdrawal. Market Makers who fail to give advance written notice of
withdrawal to NYSE Amex may be subject to formal disciplinary action
pursuant to NYSE Alternext Rule Section 9A.
    NYSE Amex will be permitted to suspend or terminate any appointment
of a Market Maker in one or more option issues under Rule 923NY
whenever, in NYSE Amex's judgment, the interests of a fair and orderly
market are best served by such action. A Market Maker will be able to
seek review of any action taken by NYSE Amex pursuant to the proposed
Rule, including the denial of the appointment for, or the termination
or suspension of, a Market Maker's appointment in an option issue or
issues in accordance with Rule Section 9A.
    Market Makers will continue to be required to trade at least 75% of
their contract volume per quarter in classes within their appointment.
    NYSE Amex will periodically conduct an evaluation of Market Makers
to determine whether they have fulfilled performance standards relating
to, among other things, quality of markets, competition among Market
Makers, observance of ethical standards and administrative factors. In
so doing, NYSE Amex may consider any relevant information including,
but not limited to, the results of a Market Maker evaluation, trading
data, a Market Maker's regulatory history and such other factors and
data as may be pertinent in the circumstances. If NYSE Amex finds any
failure by a Market Maker to meet minimum performance standards, NYSE
Amex will be permitted to take the following actions after written
notice and after opportunity for hearing pursuant to Section 9A: (i)
Restrict appointments to additional option issues in the Market Maker's
primary appointment; (ii) suspend, terminate or restrict an appointment
in one or more option issues; or (iii) suspension, termination, or
restriction of the Market Maker's registration in general. If a Market
Maker's appointment in an option issue or issues has been terminated
because it failed to meet minimum performance standards, the Market
Maker will not be re-appointed as a Market Maker in that option issue
or issues for a period not to exceed six months.
    Proposed NYSE Amex Rule 925NY. NYSE Amex is proposing new Rule
925NY to outline Market Maker obligations (i) generally, (ii) within a
Market Maker's appointed classes, and (iii) outside of a Market Maker's
appointed classes on the System. Unlike NYSE Arca Rule 6.37, upon which
it is based, NYSE Amex will not have an in-person requirement. In-
person requirements date back to a time when the only way for Market
Makers to meet their obligations was to be present on the Floor to
respond to a call for a market. In a modern marketplace, most of the
liquidity on the Exchange is available electronically, and only
electronically submitted bids and offers are able to be represented in
the disseminated quote. The intent of the in-person requirement is
actually better served by the 60% quoting obligation for Market Makers,
and the requirement to conduct 75% of one's business within one's
primary appointment.
    Proposed NYSE Amex Rule 925.1NY. NYSE Amex is proposing new Rule
925.1NY to outline Market Maker quoting obligations on the System.
Market Makers will be required to undertake a meaningful obligation to
provide continuous two-sided markets in classes traded on the System.

Proposed Rule 925.1NY generally is consistent with NYSE Arca Rule
6.37B. Under the proposed Rule, Market Makers only will be permitted to
enter quotations in the classes included in their appointment.
    Proposed NYSE Amex Rule 925.2NY. NYSE Amex is proposing new Rule
925.2NY that will allow Market Makers to enter on the System all
permitted order types. However, orders do not satisfy or contribute to
meeting a Market Maker's quoting obligation; that obligation is only
satisfied by submission of legal width quotes.
    Proposed NYSE Amex Rules 927NY-927.3NY. The Exchange describes in
proposed Rules 927NY-927.3NY Specialists and their rights, duties, and
obligations, including the requirements for Information Barriers for
ATP Holders affiliated with a Specialist.
    Proposed NYSE Amex Rules 927.4NY-927.6NY. The Exchange is also
describing in proposed Rules 927.4NY-927.6NY e-Specialists, who are
Remote Market Makers appointed to fulfill certain obligations required
of Specialists. In addition to the Specialist, it is possible to have
multiple e-Specialists.
    Proposed NYSE Amex Rule 928NY. NYSE Amex is proposing new Rule
928NY to provide a mechanism for limiting Market Maker risk during
periods of increased and significant trading activity on the System in
a Market Maker's appointment. NYSE Amex proposes setting the ``n''
period for calculation of the number of trades by a Market Maker at one
second. Furthermore, NYSE Amex will no longer generate two-sided quotes
on behalf of a Specialist in the event that there are no Market Makers
quoting in an issue. Rather, in the event that there are no Market
Makers quoting in the issue, the best bids and offers of those orders
residing in the Consolidated Book in the issue will be disseminated as
the BBO. If there are no Market Makers quoting in the issue and there
are no orders in the Consolidated Book in the issue, NYSE Amex System
will disseminate a bid of zero and an offer of zero in that issue.
    Proposed NYSE Amex Rule 930NY. Proposed NYSE Amex Rule 930NY
defines a Floor Broker as an ATP Holder who is registered with the
Exchange for the purpose, while on the Floor, to accept and execute
options orders received from ATP Holders and, in certain circumstances,
orders from others.
    Proposed NYSE Amex Rules 931NY-932NY. Proposed NYSE Amex Rules
931NY-932NY describe the registration and authorization of Floor
Brokers, and are substantially the same as NYSE Arca Rules 6.44, 6.45,
and 6.46.
    Proposed NYSE Amex Rule 933NY. Proposed NYSE Amex Rule 933NY
describes the responsibilities of Floor Brokers, and is substantially
the same as NYSE Arca Rule 6.46, with the addition of insuring
compliance with Section 11(a)(1) of the Act. An ATP Holder must ensure
that each of its transactions complies with Section 11(a) of the Act,
which generally prohibits an ATP Holder from effecting a transaction
trading for its own account, the account of an associated person, or an
account with respect to which it or an associated person thereof
exercises investment discretion (each, a ``covered account'') unless a
valid exemption in the statute or the rules thereunder applies.
    In cases where a Floor Broker's transaction would occur at the same
price as one or more orders on the electronic book, the Floor Broker,
if it can rely on no exception other than the ``G'' exception (Section
11(a)(1)(G); Rule 11a1-1(T)), must, in addition to complying with the
other requirements of the ``G'' exemption, yield to all orders in the
Consolidated Book at the same price if the Floor Broker has no ability
to determine that an order in the Consolidated Book is not the order of
a non-ATP Holder. In addition, in the case where an ATP Holder submits
an order to the book (or an order is submitted on its behalf) and such
ATP Holder is relying on the ``G'' exemption, the order must be entered
as IOC.
    In addition, when relying on the exemption set forth in Rule 11a2-
2(T) under the Act, a Floor Broker may not enter into the NYSE
Alternext System any order for a covered account, including orders sent
to it by an affiliated ATP Holder from off the floor, if the order is
for such affiliated ATP Holder's own account, the account of an
associated person, or an account over which it or an associated person
exercises investment discretion.
    Proposed NYSE Amex Rule 934NY. NYSE Amex is proposing Rules 934NY,
934.1NY, 934.2NY, and 934.3NY to govern crosses effected on the trading
floor. Proposed Rule 934NY describes (i) Customer-to-Customer crosses
and (ii) Non-facilitation (Regular Way) crosses. Proposed Rule 934.1NY
describes Facilitation Cross Transactions. Proposed Rule 934.2NY
describes At-Risk Cross Transactions, while Proposed Rule 934.3NY
describes Solicitation. In all cases, Floor Brokers must request bids
and offers for the option series involved and make the Trading Crowd
and the Trading Official aware of the request for market. Trading crowd
participants will be given a reasonable time to respond with the prices
and sizes at which they would be willing to participate in the cross.
With respect to facilitations, Floor Brokers still will be permitted to
participate in up to 40% of the balance of an order to be facilitated
once Customer bids or offers in the Consolidated Book at or better than
the proposed execution price, have been satisfied.
    There is no electronic crossing mechanism proposed for NYSE Amex
System at this time.
    Proposed NYSE Amex Rule 935NY. Proposed NYSE Amex Rule 935NY
requires Floor Brokers to expose agency orders for a period of time
before attempting to execute them as Principal, and is based on NYSE
Arca Rule 6.47A.
    Proposed NYSE Amex Rule 935NY. The Exchange describes in proposed
Rule 935NY Discretionary Transactions, and limits a Floor Broker's use
of discretion on orders.
    Proposed NYSE Amex Rule 937NY. Proposed NYSE Amex Rule 937NY limits
a Floor Broker from acting as both Principal and Agent in the Same
Transaction unless it is part of an error resulting from the Floor
Broker's error or omission.
    Proposed NYSE Amex Rule 940NY. Proposed NYSE Amex Rule 940NY
describes the obligations of Trading Officials for fair, orderly, and
competitive market.
    Proposed NYSE Amex Rule 952NY. NYSE Amex is proposing new NYSE Amex
Rule 952NY to govern the opening process, which traditionally has been
referred to as a ``rotation,'' and which will be referred to as an
``auction'' on the NYSE Amex System. A ``Trading Auction'' is a process
by which trading is initiated in a specified options class. Trading
Auctions may be employed at the opening of NYSE Amex each business day
or to re-open trading after a trading halt. Trading Auctions will be
conducted automatically by the System.
    The System will accept Market and Limit Orders and quotes for
inclusion in the opening auction process (``Auction Process'') until
the Auction Process is initiated in that option series. Prior to the
Auction Process, (``pre-opening''), non-Market Makers will be able to
submit orders to the System and Market Makers will be able to submit
two-sided quotes and orders to the System. Contingency orders (except
for ``opening only'' orders) will not participate in the Auction
Process. Any eligible open orders residing in the Consolidated Book
from the previous trading session will be included in the Auction
Process. After the primary market for the underlying security
disseminates the

opening trade or the opening quote (or the first disseminated value for
index options), the related option series will be opened automatically
based on the following principles and procedures:
    a. The System will determine a single price at which a particular
option series will be opened.
    b. Orders and quotes in the System will be matched up with one
another based on price-time priority. Orders at or better than the
opening price will have priority over Market Maker quotes.
    c. Orders in the Consolidated Book that were not executed during
the Auction Process shall become eligible for the Core Trading Session
immediately after the conclusion of the Auction Process.
    To determine the opening price in a series, upon receipt of the
first consolidated quote or trade of the underlying security, the
System will compare the OPRA NBBO market with an instantaneous BBO
market. NYSE Amex System will generate an opening trade if possible or
open a series on the quoted market. The System then will send the NYSE
Amex BBO quote to OPRA.
    The opening price of a series will be the price, as determined by
the System, at which the greatest number of contracts will trade at or
nearest to the midpoint of the initial NBBO disseminated by OPRA, if
any, or the midpoint of the best quote bids and quote offers in the
Consolidated Book. Midpoint pricing will not occur if that price would
result in an order or part of an order being traded through. Instead
the Trading Auction will occur at that limit price, or, if the limit
price is superior to the quoted market, within the range of 75% of the
best quote bid and 125% of the best quote offer. The same process will
be followed to reopen an option class after a trading halt.
    Unmatched orders and Market Maker quotes that are marketable
against the initial NBBO will ``sweep'' through the Consolidated Book
and be executed in price/time priority. If the best price is at an away
Market Center(s), orders will be routed away to the relevant Market
Center(s).
    Proposed NYSE Amex Rule 953NY. Proposed NYSE Amex Rule 953NY
outlines procedures for halting or suspending trading in a class of
options.
    Proposed NYSE Amex Rule 954NY. Proposed NYSE Amex Rule 954NY, Order
Identification, is based on NYSE Arca Rule 6.66; however, the Exchange
is proposing to exclude the requirements to identify the particular ATP
Holder when requesting a quote and size from the crowd, in order to
avoid the possibility of disparate treatment. Additionally, the
Exchange is proposing to not include the Commentaries found in NYSE
Arca Rule 6.66, as the Exchange finds these inconsistent with the
efforts to make the market transparent.
    Proposed NYSE Amex Rules 955NY and 956NY. Proposed NYSE Amex Rules
955NY and 956NY describe the requirements for order format and system
entry requirements, and the elements required for keeping a record of
orders, and are based on NYSE Arca Rules 6.67 and 6.68. The Exchange
will not maintain and preserve all electronic orders on behalf of ATP
Holders, but is still bound by its own requirements to preserve records
of orders.
    Proposed NYSE Amex Rule 957NY. Proposed NYSE Amex Rule 957NY
describes the reporting duties of ATP Holders. Although based on NYSE
Arca Rule 6.69, the Exchange is proposing to require open outcry
transactions between a Floor Broker and a Market Maker to be reported
by the Floor Broker, regardless of who is the seller. The Floor Broker
will already have the order details systematized by virtue of it being
input into an Electronic Order Capture device.
    Proposed NYSE Amex Rule 958NY. Proposed NYSE Amex Rule 958NY
determines that the execution price is binding despite errors in
reporting the price and is based on NYSE Arca Rule 6.70.
    Proposed NYSE Amex Rule 959NY. Proposed NYSE Amex Rule 959NY
describes the meaning of premium bids and offers, and is based on NYSE
Arca Rule 6.71.
    Proposed NYSE Amex Rule 960NY. Proposed NYSE Amex Rule 960NY
describes the minimum quoting increments and the minimum trading
increments for options, and is based on NYSE Arca Rule 6.72.
    Proposed NYSE Amex Rule 961NY. Proposed NYSE Amex Rule 961NY
outlines the manner of bidding or offering, either electronically
through the NYSE Amex System, or in open outcry, and is substantially
the same as NYSE Arca Rule 6.73.
    Proposed NYSE Amex Rule 963NY. Proposed NYSE Amex Rule 963NY
describes Priority and Order Allocation Procedures for Open Outcry
trading. These provisions are substantially the same as used on other
floor based options exchanges. Generally, bids and offers are afforded
priority on a price time basis on response to a call for a market. The
Floor Broker or Market Maker who calls for the market is responsible
for determining the sequence in which bids or offers are vocalized. If
bids or offers are made simultaneously, they will be on parity. If an
ATP Holder has previously requested a market to fill an order, and the
crowd has provided a collective response, then the order will be
allocated on a size pro rata basis.
    Proposed NYSE Amex Rule 963NY. Proposed Rule 963NY also provides
for a Specialist's entitlement to 40% of the balance of any order after
Customer bids and offers in the Consolidated book have been satisfied;
provided, however, that the Specialist has vocally responded to the
Floor Broker's call for a market, and has responded with a price that
is at least equal to the best bid or offer. In addition, the Rule
describes Priority on Split Price Transactions, which are substantially
the same as approved in NYSE Arca Rule 6.75(h).
    Proposed NYSE Amex Rule 963.1NY. Proposed Rule 963.1NY describes
the proper trading procedures for complex orders, which are based on
NYSE Arca Rule 6.75 Commentary .01. and NYSE Arca Rule 6.91
Commentaries .01 and .02.
    Proposed NYSE Amex Rule 964NY. NYSE Amex will display all non-
marketable Limit Orders in the Display Order Process of the
Consolidated Book. Except as otherwise permitted by Rule 964NY, all
bids and offers at all price levels in the Consolidated Book will be
displayed on an anonymous basis. The System also will disseminate
current consolidated quotations/last sale information, and such other
market information as may be made available from time to time pursuant
to agreement between NYSE Amex and other Market Centers, consistent
with the Plan for Reporting of Consolidated Options Last Sale Reports
and Quotation Information.
    Bids and offers will be ranked and maintained in the Display Order
Process and/or Working Order Process of the Consolidated Book according
to account type and price-time priority.
a. Within the Display Order Process
    Limit Orders, with no other conditions, and quotes will be ranked
based on account type and the specified price and the time of original
order or quote entry. The display portion of Reserve Orders (not the
reserve size) will be ranked in the Display Order Process by account
type and at the specified limit price and the time of order entry. When
the display portion of the Reserve Order is decremented completely, the
display portion of the Reserve Order will be refreshed for
    (1) The display amount; or
    (2) The entire reserve amount, if the remaining reserve amount is
smaller than the display amount, from the reserve portion and shall be
submitted

and ranked at the specified limit price and the new time that the
displayed portion of the order was refreshed.
b. Within the Working Order Process
    (1) The reserve portion of Reserve Orders will be ranked based on
account type and the specified limit price and the time of original
order entry. After the displayed portion of a Reserve Order is
refreshed from the reserve portion, the reserve portion remains ranked
based on the original time of order entry, while the displayed portion
is sent to the Display Order Process with a new time-stamp.
    (2) All-or-None Orders will be ranked based on account type and the
specified limit price and the time of order entry.
    (3) Stop and Stop Limit Orders will be ranked based on account type
and the specified stop price and the time of order entry.
    (4) Stock Contingency Orders will be ranked based on account type
and the specified limit price and the time of order entry.
    (5) Tracking Orders will be ranked based on account type and the
specified limit price and the time of order entry.
    Consistent with Rule 602 under Regulation NMS, the best-ranked
displayed bids and the best ranked displayed offers in the Consolidated
Book and the aggregate displayed size of such bids and offers
associated with such prices shall be collected and made available to
vendors for dissemination.
    Proposed Rule 964NY also outlines the applicable requirements for
order execution and priority on the System. Incoming orders will be
matched against bids and offers in the System based on price, account
type, and time. For an execution to occur in any order process, the
price must be equal to or better than the NBBO, unless the System has
routed orders to away Market Centers at the NBBO.
    The NYSE Amex System first will attempt to match incoming
marketable bids and offers against bids or offers in the Display Order
Process at the display price of the resident bids or offers for the
total amount of option contracts available at that price or for the
size of the incoming order, whichever is smaller. For the purposes of
proposed Rule 964NY, the size of an incoming Reserve Order will include
the displayed and reserve size, and the size of the portion of the
Reserve Order resident in the Display Order Process is equal to its
displayed size.
    NYSE Amex proposes to allocate incoming marketable bids and offers
as follows:
    (1) The incoming marketable bid or offer will be matched against
Customer orders in the Display Order Process at the NBBO.
    (2) If there are any remaining contracts to be executed after
matching against Customer orders, and the incoming marketable bid or
offer has been directed to a Directed Order Market Maker, the Directed
Order Market Maker will receive 40% of the balance of the order,
provided the Directed Order Market Maker is quoting at the NBBO for at
least that size.
    (3) If the incoming marketable bid or offer has not been directed
to a Directed Order Market Maker, or if the Directed Order Market Maker
is not quoting at the NBBO, the bid or offer will be matched against
the Specialist Pool for 40% of the remaining balance of the bid or
offer, provided the Specialist Pool is quoting at the NBBO for at least
that size.
    (4) If the bid or offer has not been executed in its entirety, the
remaining part of the order shall be matched against non-customer bids
and offers on a size pro-rata basis.
    If the original bid or offer is for 5 contracts or less, and has
either not been directed to a Directed Order Market Maker, or the
Directed Order Market Maker is not quoting at the NBBO, the entire bid
or offer will be matched against the bid or offer of the Specialist
Pool after being matched against any customer bids or offers in the
Display Order Process, provided the Specialist Pool is quoting at the
NBBO. The participants in the Specialist Pool will be allocated orders
of five contracts or less on a rotating basis, provided the
participant's quoted size is equal to or greater than the size of the
allocation. The Exchange will monitor the sizes of all orders received,
and, on a quarterly basis, will evaluate the percentage of volume
constituted by orders of five contracts or less. If 40% or more of the
order flow is comprised of orders of five contracts or less, the
Exchange will reduce the eligible size for orders included in this
provision.
    If the bid or offer has not been executed in its entirety, the
remaining part of the order shall be matched against any Working Orders
at or better than the NBBO.
    An incoming marketable bid or offer will be matched against orders
within the Working Order Process in the order of their ranking, at the
price of the displayed portion (for Reserve Orders) or at the limit
price (for most other Working Order types), for the total amount of
option contracts available at that price or for the size of the
incoming bid or offer, whichever is smaller. Incoming marketable bids
and offers will be matched against Tracking Orders in the order of
their ranking, but only at a price equal to the NBBO, and only if the
incoming marketable bid or offer is eligible for routing and is less
than the size of the Tracking Orders.
    If an incoming marketable order has not been executed in its
entirety on the System and it has been designated as an order type that
is eligible to be routed away, the order will be routed for execution
to another Market Center(s).
    The order will be routed, either in its entirety or as component
order, to another Market Center(s) as a Limit Order equal to the price
and up to the size of the quote published by the Market Center(s). The
remaining portion of the order, if any, will be ranked and displayed in
the Consolidated Book in accordance with the terms of such order and
such order shall be eligible for execution pursuant to Rule 964NY. A
marketable Reserve Order may be routed serially as component orders,
such that each component corresponds to the display size of the Reserve
Order.
    An order that has been routed away will remain outside of the
System for a prescribed period of time and may be executed in whole or
in part subject to the applicable trading rules of the relevant Market
Center. While an order remains outside of the System, it will have no
time standing, relative to other orders received from Users at the same
price that may be executed against the Consolidated Book.
    Requests from Users to cancel their orders while the orders are
routed away to another Market Center and remain outside the System will
be processed subject to the applicable trading rules of the relevant
Market Center.
    Where an order or portion of an order is routed away and is not
executed either in whole or in part at the other Market Center (i.e.,
all attempts at the fill are declined or timed-out), the order shall be
ranked and displayed in the Consolidated Book in accordance with the
terms of such order, and such order shall be eligible for execution
under proposed Rule 964NY, but will not have time standing relative to
other orders received from Users at the same price while it was outside
the System.
    Proposed NYSE Amex Rule 964.1NY describes Directed Orders, and is
substantially the same as NASDAQ OMX PHLX Rule 1080(l). It would be
considered a violation of just and equitable principals of trade and a
misuse of non public information for a Directed Order Market Maker to
become aware of an impending Directed Order so as to improve the quote
to momentarily match the NBBO, and then worsen the price of the quote
following execution of the Directed Order.

    Proposed NYSE Amex Rule 964.2NY. Proposed NYSE Amex Rule 964.2NY
describes the participation entitlement of Specialists and e-
Specialists, which collectively comprise the Specialist Pool, as
defined in proposed Rule 900.3NY(y). Generally, the Specialist Pool is
entitled to 40% of the remaining balance of an order after any orders
on behalf of Customers in the Consolidated Book are satisfied. The
Specialist's participation within the Pool is granted extra weighting,
with no more than 66 2/3% if there is only one e-Specialist, and no
more than 50% if there are two or more e-Specialists.
    Proposed NYSE Amex Rule 965NY. Proposed NYSE Amex Rule 965NY,
Contract Made on Acceptance of Bid or Offer, is based on NYSE Arca Rule
6.77 and on NYSE Alternext Rule 953--ANTE.
    Proposed NYSE Amex Rule 970NY. Proposed NYSE Amex Rule 970NY is
substantially the same as NYSE Arca Rule 6.86. Rule 970NY will state
the minimum quotation size will be one contract. NYSE Arca Rule 6.86
Commentary .03 is proposed to be designated as NYSE Amex Rule 970.1NY.
    Proposed NYSE Amex Rule 975NY. The Exchange is also proposing new
NYSE Amex Rule 975NY--Obvious Errors and Catastrophic Errors. Proposed
Rule 975NY is substantially based on NYSE Arca Rule 6.87.
    Proposed NYSE Amex Rules 990NY-993NY. Proposed NYSE Amex Rules
990NY-993NY describe the Operation of the Linkage, Order Protection,
Locked and Crossed Markets, and Limitations on Principal Order Access.
These Rules are essentially the same as the uniform rules governing
Linkage on all options exchanges, including existing NYSE Alternext
Rules 940-944, and Rule 941 ANTE.
    Proposed NYSE Amex Rule 995NY. NYSE Amex proposes new Rule 995NY
which describes Prohibited Conduct. The first section of the proposed
rule prohibits conduct that threatens, harasses, intimidates,
constitutes a ``refusal to deal'' or retaliates against another ATP
Holder or associated person of an ATP Holder. The second section
prohibits de facto market making through the use of Customer orders,
since Customer orders have priority at any price over the bids and
offers of non-customers. The third section prohibits ATP Holders who
have knowledge of the material terms and conditions of an order, the
execution of which is imminent, from buying or selling related options,
underlying securities, or related securities, until the terms of the
order are disclosed to the trading crowd, or the execution of the order
is no longer considered to be imminent.
    In addition, the Exchange is proposing to add Part 1C to the
Supplementary Material of NYSE Alternext Rule 476A. Part 1C lists
options rule violations and their applicable fines that will be in
effect upon implementation of the NYSE Amex System and the relocation
of the Trading Floor to 11 Wall Street, New York, NY.
    Current NYSE Alternext Rule 476 includes Sanctioning Guidelines in
its Supplementary Material. While the principles to be considered in
determining sanctions will continue, the guidelines after Supplementary
Material .01(C)(19) that describe specific types of violations all
pertain to the existing NYSE Alternext Rules, and will not apply to
violations of Rules in Section 900NY.
    The Exchange believes the proposed new rules will reduce regulatory
confusion, encourage efficient transactions on both the electronic
market and in open outcry trading, and delineate an unambiguous
standard for conducting a fair and orderly market.
2. Statutory Basis
    The Exchange believes that this filing is consistent with Section
6(b) of the Act,\8\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to, and perfect the mechanisms of a free and open
market and a national market system.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 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 solicited or received with respect to the
proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEALTR-2008-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEALTR-2008-14. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m.

Copies of such filing also will be available for inspection and copying
at the principal office of the 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-NYSEALTR-2008-14 and should be submitted
on or before January 21, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-31053 Filed 12-30-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Pages 23177-23178]
[FR Doc No: E9-11461]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 405-087]

Exelon Generation Company, LLC; Notice of Intent To File License
Application, Filing of Pre-Application Document, Commencement of
Licensing Proceeding, and Scoping; Request for Comments on the PAD and
Scoping Document, and Identification of Issues and Associated Study
Requests

May 11, 2009.
    a. Type of Filing: Notice of Intent to File License Application for
a New License and Commencing Licensing Proceeding.
    b. Project No.: 405-087.
    c. Date Filed: March 12, 2009.
    d. Submitted by: Exelon Generation Company, LLC.
    e. Name of Project: Conowingo Hydroelectric Project.
    f. Location: On the Susquehanna River, in Harford and Cecil
Counties, Maryland and Lancaster and York Counties, Pennsylvania. The
project does not occupy any federal lands.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: Colleen Hicks, Manager, Regulatory
and Licensing, Hydro, Exelon Power, 300 Exelon Way, Kennett Square, PA
19348, at<PHONE_NUMBER> or e-mail at<EMAIL_ADDRESS>and
A. Karen Hill, Vice President, Federal Regulatory Affairs, Exelon
Corporation, 101 Constitution Avenue, Suite 400E, Washington, DC 20001,
at<PHONE_NUMBER> or e-mail at<EMAIL_ADDRESS>    i. FERC Contact: John Smith at<PHONE_NUMBER> or e-mail at
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, State, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item o below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR Part 402; and (b) the State Historic
Preservation Officer, as required by Section 106, National Historical
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Exelon Generation Company,
LLC as the Commission's non-federal representative for carrying out
informal consultation, pursuant to Section 7 of the Endangered Species
Act and Section 106 of the National Historic Preservation Act.
    m. Exelon Generation Company, LLC filed a Pre-Application Document
(PAD; including a proposed process plan and schedule) with the
Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(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 Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    Register online at http://ferc.gov/docs-filing/esubscription.asp to
be notified via e-mail of new filing and issuances related to this or
other pending projects. For assistance, contact FERC Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Scoping Document issued May 11, 2009, as well as study requests. All
comments on the PAD and Scoping Document, and study requests should be
sent to the address above in paragraph h. In addition, all comments on
the PAD and Scoping Document, study requests, requests for cooperating
agency status, and all communications to and from Commission staff
related to the merits of the potential application (original and eight
copies) must be filed with the Commission at the following address:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. All filings with the
Commission must include on the first page, the project name (Conowingo
Hydroelectric Project) and number (P-405-087), and bear the heading
Comments on Pre-Application Document, Study Requests, Comments on
Scoping Document, Request for Cooperating Agency Status, or
Communications to and from Commission Staff. Any individual or entity
interested in submitting study requests, commenting on the PAD or
Scoping Document, and any agency requesting cooperating status must do
so by July 10, 2009.
    Comments on the PAD and Scoping Document, study requests, requests
for cooperating agency status, and other permissible forms of
communications with the Commission may be filed electronically via the
Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov/docs-filing/ferconline.asp) under the e-filing link. For a simpler method of
submitting text only comments, click on ``Quick Comment.''
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, this meeting will
satisfy the NEPA scoping requirements, irrespective of whether an EA or
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the time and place noted below. The daytime meeting will
focus on resource agency, Indian tribes, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of the meetings, and
to assist staff in identifying particular study needs, as well as the

scope of environmental issues to be addressed in the environmental
document. The times and locations of these meetings are as follows:

Evening Scoping Meeting

    Date: Thursday June 11, 2009.
    Time: 7 p.m.
    Location: Darlington Fire Station, 2600 Castleton Road, Darlington,
Maryland.
    Phone: Barbara Evans at<PHONE_NUMBER>.

Daytime Scoping Meeting

    (Joint meeting with Muddy Run Pumped Storage Project [Project No.
2355-011])
    Date: Friday June 12, 2009.
    Time: 10 a.m.
    Location: Darlington Fire Station, 2600 Castleton Road, Darlington,
Maryland.
    Phone: Barbara Evans at<PHONE_NUMBER>.
    The Scoping Document, which outlines the subject areas to be
addressed in the environmental document, was mailed to the individuals
and entities on the Commission's mailing list. Copies of the Scoping
Document will be available at the scoping meetings, or may be viewed on
the Web at http://www.ferc.gov using the eLibrary link. Follow the
directions for accessing information in paragraph n. Based on all oral
and written comments, a revised Scoping Document may be issued which
may include a revised process plan and schedule, as well as a list of
issues, identified through the scoping process.

Site Visit

    The potential applicant and Commission staff will conduct a site
visit of the project on Thursday June 11, 2009, starting at 9 a.m. All
participants should meet at the Conowingo Visitor's Center at 4948
Conowingo Road, Darlington, Maryland 21034. Transportation will be
provided by Exelon Generation Company, LLC or participants may use
their own transportation. Anyone needing transportation or with
questions about the site visit should contact Ms. Colleen Hicks at
Exelon Generation Company, LLC at<PHONE_NUMBER> on or before June 3,
2009.

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the
issues; (2) review and discuss existing conditions and resource
management objectives; (3) review and discuss existing information and
identify preliminary information and study needs; (4) review and
discuss the process plan and schedule for pre-filing activity that
incorporates the time frames provided for in Part 5 of the Commission's
regulations and, to the extent possible, maximizes coordination of
federal, state, and tribal permitting and certification processes; and
(5) discuss the appropriateness of any federal or state agency or
Indian tribe acting as a cooperating agency for development of an
environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and Scoping
Document are included in item n. of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will become
part of the formal record of the Commission proceeding on the project.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-11461 Filed 5-15-09; 8:45 am]
BILLING CODE 6717-01-P


1 SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY STANDARDS OF PERFORMANCE __________ NSPS Subpart HHH_____________ _________ Synthetic Fiber Production Facilities____________

1. Identification of the Information Collection 1( a) Title of the Information Collection ICR for NSPS Subpart HHH Synthetic Fiber Production Facilities 1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for synthetic fiber production facilities ( Subpart HHH) were proposed on November 23, 1982 and promulgated on April 5, 1984. These standards apply to each solvent spun synthetic fiber process that produces more than 500 megagrams of fiber per year and that commenced construction or reconstruction after November 23, 1982. The provisions of this subpart do not apply to any facility that uses the reaction spinning process to produce spandex fiber or the viscose process to produce rayon fiber, nor to facilities that commence modification but not reconstruction after November 23, 1982. VOCs are the pollutants regulated under this Subpart. Owners or operators of the affected facilities described must make one time only initial notifications and report on the results of the initial performance test. Owners or operators also are required to maintain records of the occurrence and duration of any startup, 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 required, in general, of all sources subject to NSPS. Monitoring requirements specific to synthetic fiber production facilities provide information on VOC emissions. Owners or operators of affected facilities are required to install, calibrate, maintain, and operate a continuous monitoring system for the measurement of makeup solvent and solvent feed. These values shall be used in calculating monthly VOC emissions. Section 60.603( b)( 1) provides three options for determining solvent feed. Each owner or operator calculates VOC emissions every month from the amount of solvent feed and makeup solvent used in each affected facility. These values are used to calculate compliance with the emission limitations on a six month rolling average basis. Also required are semiannual reports, and quarterly reports of instances of excess emissions. Quarterly excess emission reports and monitoring system performance reports shall include the results of performance tests that indicate VOC emissions that exceed the standards in Sec 60.602, the date and time of the exceedance or deviation, the nature and cause of the malfunction ( if known) and corrective measures taken, and identification of the time period during which the CMS was inoperative ( this does not include zero and span checks nor typical repairs/ adjustments). All reporting frequencies are stipulated in the regulation. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements. Responses to this collection of information are mandatory and are being collected to assure compliance with 40 CFR Part 60 subpart HHH. All reports are sent to the delegated State or Local authority. In the event that there is no such delegated authority, the reports are sent 2 directly to the EPA Regional Office. These notifications, reports, and records are essential in determining compliance. Approximately 30 sources are currently subject to the standard, and it is estimated that an additional 1 source per year will become subject to the standard in the next three years. The cost of this ICR will be 64,168 dollars. These numbers are based on AIRS data, data from the Textile Sector Notebook published by EPA's Office of Compliance, and reports on economic trends in the textile industry.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act, 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 nonair 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 ( BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years. 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 or methods ( in accordance with such methods at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and ( D) sample such emissions, ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical, ( F) submit compliance certifications, and ( G) provide such other information as he may reasonably require.

In the Administrator's judgment, VOC emissions from synthetic fiber production facilities 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 HHH.

2( b) PRACTICAL UTILITY/ USERS OF THE DATA The control of emissions of VOCs from synthetic fiber production facilities requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of VOCs from synthetic fiber production facilities are the result of the evaporation of the solvent used in fiber manufacturing. These standards rely on the recovery of VOC emissions by a solvent recovery system. The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and the standard is being met. Performance test reports are needed as these 3 are the Agency's record of a source's initial capability to comply with the emission standard, and serve as a record of the operating conditions under which compliance was achieved. The quarterly and 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 these standards, as required by the Clean Air Act. 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 3( a) Nonduplication The recordkeeping and reporting requested is required under 40 CFR Part 60 Subpart HHH. If the standard has not been delegated the information is sent to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or Local Agency. If a State or Local Agency has adopted their own similar regulation to implement the Federal Regulation, a copy of the report submitted to the State or Local agency can be sent to the Administrator in lieu of the report required by the Federal Standard. 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 June 4, 1999; no comments were received. 3( c) Consultations No comments were received on the burden published in the Federal Register. 3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the required 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 the reporting or recordkeeping requirements contained in 40 CFR Part 60 Subpart HHH or otherwise pertinent to this request violate any of the regulations established by OMB in 5 CFR 1320.6. 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). 3( g) Sensitive Questions None of the reporting or recordkeeping requirements contained in 40 CFR Part 60 Subpart HHH or otherwise pertinent to this request contain sensitive questions. 4 4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents of the recordkeeping and reporting requirements are synthetic fiber production facilities ( SIC Code 2823 and 2824) that commenced construction, or reconstruction after November 23, 1982. 4( b) INFORMATION REQUESTED ( i) Data Items All data in this ICR that is recorded and/ or reported is required by 40 CFR Part 60 Subpart HHH, Synthetic Fiber Production Facilities.

Notification Reports Construction/ reconstruction 60.7( a)( 1)

Anticipated startup 60.7( a)( 2),

Actual startup 60.7( a)( 3)

Initial performance test 60.8( d)

Demonstration of continuous monitoring system 60.7( a)( 5)

Physical or operational change 60.7( a)( 4)

Reports Initial performance test results 60.8( a), 60.604( a)( 1)

excess emissions 60.604( a)( 2)

semiannual statement of no exceedance 60.604( a)( 2)

report of excess fiber production 60.604( b)

Recordkeeping Record startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative 60.7( b)

monthly performance tests 60.603( b)

Records are required to be retained for two years.

ii. Respondent Activities 5 Respondent Activities Read instructions.

Install, calibrate, maintain, and operate CMS for opacity, or for pressure drop and liquid supply pressure for wet scrubber.

Perform initial performance test, repeat performance tests ( if necessary), and monthly calculations.

Write the notifications and reports listed above.

Enter information required to be recorded above.

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.

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 information required under 40 CFR Subpart HHH:

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 Aerometric Information Retrieval System ( AIRS) database.

5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to 6 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 emission standard, and note the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The quarterly and 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 AIRS which is operated and maintained by EPA's Office of Air Quality Planning and Standards. AIRS 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 AIRS for tracking air pollution compliance and enforcement by Local and State regulatory agencies, and EPA Regional Offices and Headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data. The records required by this regulation must be retained by the owner or operator for two years. 5( c) Small Entity Flexibility NSPS subpart HHH does provide for smaller sources by allowing those that produce less than 500 megagrams annually to be exempt from the regulations. 5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown on Table 2.

6. Estimating the Burden and Cost of the Collection Table 2 documents the computation of individual burdens for each of the recordkeeping and reporting requirements applicable to the industry. 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 under 40 CFR Part 60 subpart HHH. 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 at 2696 person hours. These hours are based on Agency studies and background documents from the development of the standards or test methods, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received. 6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses a technical labor rates of $ 23.80 from the United States Department of Commerce Bureau of Labor Statistics, March 1998, Table 2: Employment Costs for Civilian Workers by Occupational and Industry Group. The rates are from column 1: Total compensation. The requirements of this NSPS regulation were designed to be performed by technical personnel. ( ii) Estimating Capital and Operations and Maintenance Costs The type of industry costs associated with the information collection activity in the standards are labor and monitoring of the solvent makeup and feed. The capital start up costs are one time costs when a facility becomes subject to the standard. The capital start up costs for this 7 regulation are 3,300 dollars. This is based on 1 new source per year multiplied by 3,300 dollars per monitor. The annual operations and maintenance costs are 225,000 dollars. This is based on 30 existing sources multiplied by 7,500 dollars for upkeep of the monitoring devices. The total respondent costs have been calculated on the addition of the capital start up costs and the annual operations and maintenance costs. The average annual burden for capital and operations and maintenance costs to industry over the next three years of the ICR is estimated to be 228,300 dollars.

( iii) Capital/ Start up vs. Operating and Maintenance ( O& M) Costs Monitoring device start up cost ($) annual O& M costs ($) Continuous monitor $ 3,300 $ 7,500 for solvent feed rate 6( c) Estimating Agency Burden and Cost The only Federal costs are user costs associated with analysis of the reported information. Publication and distribution of the information are part of the AIRS 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 Federal Government cost during the 3 years of the ICR is estimated to be $ 7,509. This cost is based on an average wage of a GS10 step 1 employee rate and travel associated with compliance activities. Details upon which this estimate is based appear in Table 1: Agency Burden. 6( d) Estimating the Respondent Universe and Total Burden and Costs The number of existing sources subject to NSPS Subpart HHH Synthetic Fiber Production Facilities is 30. The number of new sources subject to NSPS Subpart HHH Synthetic Fiber Production Facilities is one per year. The total annual labor costs are 64,168 dollars and total annual capital and O& M costs to the regulated entity are 228,300 dollars. Details upon which this estimate is based appear in Table 2: Industry Burden. 6( e) Bottom Line Burden Hours And Cost Tables Please see attached tables. 6( f) Reasons for Change in Burden The increase in burden from the most recently approved ICR is due to an adjustment. The increased burden on the industry is due to an increase in the number of new sources. The burden on an individual affected facility has not changed. 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 regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. 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 the Director, OP, Regulatory Information 8 Division, U. S. Environmental Protection Agency ( 2137), 401 M St., S. W., Washington, D. C. 20460; 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 and OMB control number in any correspondence.

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


From:
"Gammon, Marian"<EMAIL_ADDRESS>Sent:
Wed, 30 Nov 2022 15:42:22
To:
"Jones; DonnaLee"<EMAIL_ADDRESS>"French; Chuck"<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Cc:
Kistler, Katie E<EMAIL_ADDRESS>Zavoda, Rich<EMAIL_ADDRESS>Kurdila, Julianne<EMAIL_ADDRESS>Beranek, Rob<EMAIL_ADDRESS>Magni, Joe<EMAIL_ADDRESS>Lyons, Cassidy<EMAIL_ADDRESS>Subject:
Cleveland-Cliffs Steel  -  Warren, OH coke oven battery facilities Coke Ovens Section 114 Request - Enclosure 2 Submittal
This email responds to Enclosure 2 of the Coke Clean Air Act Section 114 Information Collection Request (ICR) dated June 28, 2022 for Cleveland-Cliffs Cleveland Works Warren Coke.
Between September 23, 2022, through November 15, 2022, Warren Coke's Emergency flares did not activate for a duration that required Method 22 readings per Cleveland-Cliffs' September 22, 2022 Enclosure 2 Stack Testing Schedule.
Also, per the September 22, 2022 letter, Warren Coke, under typical operating conditions, does not utilize the Excess Coke Oven Gas Flare.
Therefore, Cleveland-Cliffs Warren Coke does not have any Method 22 results to submit. Attached is a certification for this submittal.

Please let me know if you have any questions.

Marian M. Gammon
Environmental Manager
p<PHONE_NUMBER>   m<PHONE_NUMBER>  F<PHONE_NUMBER>
<EMAIL_ADDRESS><EMAIL_ADDRESS>
CLEVELAND-CLIFFS INC.
Cleveland-Cliffs Warren
2234 Main Ave, SW, Warren, Ohio 44481
p<PHONE_NUMBER>   clevelandcliffs.com
Please consider the environment before printing this email.

<<CC Warren Enclosure 2 Certification 11_29_2022.pdf>>


[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Notices]
[Page 30221]
[FR Doc No: 2014-12255]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

International Development and Environmental Holdings; Order of
Suspension of Trading

May 22, 2014.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
International Development and Environmental Holdings (``IDEH'') because
it has not filed a periodic report since it filed its Form 10-Q for the
period ending June 30, 2011, filed on August 22, 2011.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of IDEH. Therefore, it is ordered, pursuant to Section 12(k)
of the Exchange Act, that trading in the securities of IDEH is
suspended for the period from 9:30 a.m. E.D.T. on May 22, 2014, through
11:59 p.m. E.D.T. on June 5, 2014.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-12255 Filed 5-22-14; 11:15 am]
BILLING CODE 8011-01-P