[Federal Register: August 6, 2010 (Volume 75, Number 151)]
[Notices]
[Page 47670-47672]
[DOCID:fr06au10-148]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62617; File No. SR-NASDAQ-2010-092]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Add Seventy-Five Options Classes to the Penny Pilot Program

July 30, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on July 22, 2010, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II, which Items
have been prepared by Nasdaq. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    Nasdaq is filing with the Securities and Exchange Commission
(``SEC'' or ``Commission'') a proposal for the NASDAQ Options Market
(``NOM'' or ``Exchange'') to designate seventy-five options classes to
be added to the Penny Pilot Program (``Penny Pilot'' or ``Pilot'') on
August 2, 2010.\3\ The Exchange is not

proposing to amend any rule text, but simply administering or enforcing
an existing rule.\4\
---------------------------------------------------------------------------

    \3\ The Penny Pilot was established in March 2008 and in October
2009 was expanded and extended through December 31, 2010. See
Securities Exchange Act Release Nos. 57579 (March 28, 2008), 73 FR
18587 (April 4, 2008)(SR-NASDAQ-2008-026) (notice of filing and
immediate effectiveness establishing Penny Pilot); 60874 (October
23, 2009), 74 FR 56682 (November 2, 2009) (SR-NASDAQ-2009-091)
(notice of filing and immediate effectiveness expanding and
extending Penny Pilot); 60965 (November 9, 2009), 74 FR 59292
(November 17, 2009) (SR-NASDAQ-2009-097) (notice of filing and
immediate effectiveness adding seventy-five classes to Penny Pilot);
61455 (February 1, 2010), 75 FR 6239 (February 8, 2010) (SR-NASDAQ-
2010-013) (notice of filing and immediate effectiveness adding
seventy-five classes to Penny Pilot); and 62029 (May 4, 2010), 75 FR
25895 (May 10, 2010) (SR-NASDAQ-2010-053) (notice of filing and
immediate effectiveness adding seventy-five classes to Penny Pilot).
    \4\ See Chapter VI, Section 5 regarding the Penny Pilot.
---------------------------------------------------------------------------

    The text of the proposed rule change is available from Nasdaq's Web
site at http://nasdaq.cchwallstreet.com/Filings/, at Nasdaq'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, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq 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 this filing is to identify the next seventy-five
options classes to be added to the Penny Pilot effective August 2,
2010.
    In the Exchange's immediately effective filing to extend and expand
the Penny Pilot through December 31, 2010,\5\ the Exchange proposed
expanding the Pilot four times on a quarterly basis. Each such
quarterly expansion would be of the next seventy-five most actively
traded multiply listed options classes based on the national average
daily volume (``ADV'') for the six months prior to selection, closing
under $200 per share on the Expiration Friday prior to expansion;
however, the month immediately preceding the addition of options to the
Penny Pilot will not be used for the purpose of the six-month analysis.
Index option products would be included in the quarterly expansions if
the underlying index levels were under 200.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 60874 (October 23,
2009), 74 FR 56682 (November 2, 2009) (SR-NASDAQ-2009-091) (notice
of filing and immediate effectiveness).
---------------------------------------------------------------------------

    The Exchange is identifying, in the chart below, seventy-five
options classes that it will add to the Penny Pilot on August 2, 2010,
based on ADVs for the six months ending June 30, 2010.

----------------------------------------------------------------------------------------------------------------
   Nat'l ranking          Symbol         Security name      Nat'l ranking          Symbol         Security name
----------------------------------------------------------------------------------------------------------------
199...............  MBI                MBIA Inc.          316..............  CB                 Chubb Corp.
205...............  MA                 Mastercard Inc.    320..............  ADM                Archer-Daniels-
                                                                                Midland Co.
224...............  ATPG               ATP Oil & Gas      322..............  HSY                Hershey Co./The
                                        Corp/United
                                        States
226...............  YUM                Yum! Brands Inc    323..............  TXT                Textron Inc.
232...............  RCL                Royal Caribbean    324..............  GGP                General Growth
                                        Cruises Ltd.                                             Properties Inc.
238...............  BPOP               Popular Inc.       325..............  NOV                National Oilwell
                                                                                Varco Inc.
248...............  EK                 Eastman Kodak Co.  326..............  TWX                Time Warner Inc.
252...............  CNX                Consol Energy      327..............  XOP                SPDR S&P Oil &
                                        Inc.                                                     Gas Exploration
                                                                                & Production
                                                                                ETF.
260...............  DCTH               Delcath Systems    328..............  MYL                Mylan Inc./PA.
                                        Inc.
274...............  MTG                MGIC Investment    329..............  TSO                Tesoro Corp.
                                        Corp.
277...............  PXP                Plains             330..............  CI                 CIGNA Corp.
                                        Exploration &
                                        Production Co.
278...............  GPS                Gap Inc./The       331..............  ESI                ITT Educational
                                                                                Services Inc.
280...............  TSL                Trina Solar Ltd.   332..............  NKE                NIKE Inc.
282...............  EWW                iShares MSCI       335..............  FIS                Fidelity
                                        Mexico                                                   National
                                        Investable                                               Information
                                        Market Index                                             Services Inc.
                                        Fund
283...............  CRM                Salesforce.com     336..............  SUN                Sunoco Inc.
                                        Inc.
286...............  SWN                Southwestern       338..............  BBBY               Bed Bath &
                                        Energy Co.                                               Beyond Inc.
287...............  HBAN               Huntington         340..............  APWR               A-Power Energy
                                        Bancshares Inc./                                         Generation
                                        OH                                                       Systems Ltd.
288...............  EOG                EOG Resources      341..............  FWLT               Foster Wheeler
                                        Inc.                                                     AG.
290...............  APA                Apache Corp.       342..............  LNC                Lincoln National
                                                                                Corp.
291...............  VVUS               Vivus Inc.         343..............  RSH                RadioShack Corp.
292...............  JDSU               JDS Uniphase       344..............  TYC                Tyco
                                        Corp.                                                    International
                                                                                Ltd.
293...............  ACI                Arch Coal Inc.     345..............  CL                 Colgate-
                                                                                Palmolive Co.
294...............  NE                 Noble Corp.        346..............  FXP                ProShares
                                                                                UltraShort FTSE/
                                                                                Xinhua China
                                                                                25.
296...............  BAX                Baxter             347..............  NTAP               NetApp Inc.
                                        International
                                        Inc.
297...............  ADSK               Autodesk Inc.      348..............  SO                 Southern Co.
299...............  KRE                SPDR KBW Regional  349..............  PHM                Pulte Group Inc.
                                        Banking ETF
300...............  XL                 XL Group Plc       350..............  HOT                Starwood Hotels
                                                                                & Resorts
                                                                                Worldwide Inc.
302...............  WLT                Walter Energy      351..............  QLD                ProShares Ultra
                                        Inc.                                                     QQQ.
303...............  IBN                ICICI Bank Ltd.    352..............  VRSN               VeriSign Inc.
305...............  EWY                iShares MSCI       353..............  PCL                Plum Creek
                                        South Korea                                              Timber Co. Inc.
                                        Index Fund
306...............  WHR                Whirlpool Corp.    354..............  NBR                Nabors
                                                                                Industries Ltd.
307...............  BHI                Baker Hughes Inc.  355..............  ESRX               Express Scripts
                                                                                Inc.
308...............  KMP                Kinder Morgan      356..............  ACAS               American Capital
                                        Energy Partners                                          Ltd.
                                        LP
309...............  MRO                Marathon Oil       357..............  XLNX               Xilinx Inc.
                                        Corp.
310...............  AGO                Assured Guaranty   358..............  DO                 Diamond Offshore
                                        Ltd.                                                     Drilling Inc.
311...............  GIS                General Mills      359..............  CMA                Comerica Inc.
                                        Inc.
312...............  ANR                Alpha Natural      360..............  KEY                KeyCorp.
                                        Resources Inc.

314...............  GENZ               Genzyme Corp.
----------------------------------------------------------------------------------------------------------------

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) of the Act \7\ 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, by identifying the options classes
to be added to the Penny Pilot in a manner consistent with prior
approvals and filings.
---------------------------------------------------------------------------

    \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

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

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

    Written comments were neither solicited nor received.

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

    The proposed rule change is filed for immediate effectiveness
pursuant to Section 19(b)(3)(A) \8\ of the Act and Rule 19b-4(f)(1) \9\
thereunder as it constitutes a stated policy, practice, or
interpretation with respect to the meaning, administration, or
enforcement of an existing rule. At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

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-NASDAQ-2010-092 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2010-092. 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 Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 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 No. SR-NASDAQ-
2010-092 and should be submitted on or before August 27, 2010.

    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,
Deputy Secretary.
[FR Doc. 2010-19334 Filed 8-5-10; 8:45 am]
BILLING CODE 8010-01-P


ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA R03 OAR 2006 0123; FRL ]

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; RACT Determinations for Thirteen Individual Sources AGENCY: Environmental Protection Agency ( EPA).

ACTION: Final rule.

SUMMARY: The Environmental Protection Agency ( EPA) is approving State Implementation Plan ( SIP) revisions submitted by the Commonwealth of Pennsylvania ( Pennsylvania). The revisions impose reasonably available control technology ( RACT) on thirteen major sources of volatile organic compounds ( VOC) or nitrogen oxides ( NOx) located in the Commonwealth of Pennsylvania. EPA is approving these revisions to establish RACT requirements in the SIP in accordance with the Clean Air Act ( CAA or the Act).

EFFECTIVE DATE: This final rule is effective on [ insert date 30 days from date of publication].

ADDRESSES: ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA R03 OAR 2006 0123. All documents in the docket are listed in the www. regulations. gov website. Although listed in the electronic docket, 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 2 docket materials are available either electronically through www. regulations. gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U. S.

Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality, P. O. Box 8468, 400 Market Street, Harrisburg,

Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Marcia Spink ( 215) 814 2104 or by e mail at spink. marcia@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. Background On April 18, 2000 ( 65 FR 20788), EPA published a direct final rule approving RACT determinations submitted by the Pennsylvania Department of Environmental Protection ( DEP) for twenty six major sources of NOx and/ or volatile organic compounds ( VOC) and a companion notice of proposed rulemaking. We received adverse comments on the direct final rule and a request for an extension of the comment period. We had indicated in our April 18, 2000 direct final rulemaking that if we received adverse comments, we would withdraw the direct final rule and address all public comments in a subsequent final rule based on the proposed rule ( 65 FR 20788). On June 19, 2000 ( 65 FR 38168), EPA published a withdrawal notice in the Federal Register informing the public that the direct final rule did not take effect. On June 19, 2000 ( 65 FR 38169), we also published a notice providing an extension of the comment period and making 3 corrections to our original proposed rule.

This rule takes final action approving RACT for thirteen of the twenty six sources that were included in the April 18, 2000 proposed rulemaking ( 65 FR 20788). Approvals of RACT for ten of the twenty six sources have already been the subjects of separate final rulemakings. Elsewhere in today's Federal Register, EPA is withdrawing its April 18, 2000 proposed rule with regard to the three remaining sources, namely, Doverspike Brothers Coal Co., Hedstrom Corporation, and the thermal coal dryers at EME Homer City, LP. These formerly RACT subject sources have been permanently shut down, and the Pennsylvania DEP has indicated to EPA that no RACT need be approved for them.

II. Summary of the SIP Revisions The Pennsylvania DEP submitted NOx and/ or VOC RACT determinations for thirteen sources located in the Commonwealth of Pennsylvania. The names of those sources, the DEP Plan Approval ( PA) or Operating Permit ( OP) number for each source, the name of the County in which each source is located, and the pollutant for which RACT has been imposed are provided in the following table.

Name of Source PA or OP # County Pollutant * Cogentrix of Pennsylvania Inc. ( Now Village Farms LP) 33 0137 33 302 014 33 399 004 Jefferson NOx * Scrubgrass Generating Company, LP 61 0181 Venango NOx * Wheelabrator Frackville Energy Co. 54 005 Schuylkill NOx 4 * Indiana University of Pennsylvania  S. W. Jack Cogeneration Facility 32 000 200 Indiana NOx Fleetwood Motor Homes 49 0011 Northcumberland VOC * Piney Creek, LP 16 0127 Clarion NOx Statoil Energy Power Paxton, LP ( Now NRG Energy CTR Paxton LLC) 22 02015 Dauphin NOx Harrisburg Steamworks ( Now owned by NRG Energy CTR Paxton LLC) 22 02005 Dauphin NOx Cove Shoe Company ( Now H. H. Brown Shoe Company) 07 02028 Blair VOC PP& L  Fichbach C. T. Facility 54 0011 Schuylkill NOx PP& L  Allentown C. T. Facility 39 0009 Lehigh NOx PP& L  Harwood C. T. Facility 40 0016 Luzerne NOx PP& L  Jenkins C. T. Facility 40 0017 Luzerne NOx * For these large NOx sources, the Commonwealth has adopted and implemented additional " post RACT requirements" to reduce seasonal NOx emissions in the form of a NOx cap and trade regulation, 25 Pa Code Chapters 121 and 123, based upon a model rule developed by the States in the Ozone Transport Region. That regulation was approved as SIP revision on June 6, 2000 ( 65 FR 35842). Pennsylvania has also adopted 25 Pa Code Chapter 145 to satisfy the NOx SIP call. That regulation was approved as a SIP revision on August 21, 2001 ( 66 FR 43795). Federal approval of a source specific RACT determination for these major sources of NOx in no way relieves those sources from any applicable requirements found in 25 PA Code Chapters 121, 123 and 145.

On April 18, 2000 ( 65 FR 20788), EPA proposed to approve RACT SIP revisions for these thirteen sources. Detailed descriptions of the RACT determination for these thirteen sources were provided in EPA's Technical Support Documents ( TSDs) prepared in support of its April 18, 2000 rulemaking as well as in the SIP submissions made by DEP, and shall not be restated here. In short, EPA proposed that the DEP had established and imposed RACT requirements in 5 accordance with the criteria set forth in the SIP approved RACT regulations applicable to these sources. The DEP has also imposed record keeping, monitoring, and testing requirements on these sources sufficient to determine compliance with the applicable RACT determinations.

II. Summary of Public Comments Received and EPA's Responses EPA received comments on its April 18, 2000 proposal to approve Pennsylvania's RACT SIP submittals from Citizens for Pennsylvania's Future ( PennFuture) and from a concerned citizen.

Those comments and EPA's responses are as follows:

PennFuture's Comments: PennFuture comments that EPA should require that each RACT submittal include " effective and enforceable numerical emission limits" as a condition for approval. Additionally, PennFuture requests that EPA only approve limits that are no higher than the best emission rate actually achieved after the application of RACT, adjusted only to reflect legally and technically valid averaging times and deviations. PennFuture contends that such an approach will ensure maximum environmental benefits and minimize the opportunity for sources to generate spurious emission reduction credits ( ERCs) against limits that exceed emission levels actually achieved following the application of RACT. Lastly PennFuture comments that EPA should describe the RACT determinations in its rulemaking notices published in the Federal Register rather than simply citing to technical support documents and other materials available in docket of the rulemaking.

EPA's Responses: While RACT, as defined for an individual source or source category, often 6 does specify an emission rate, such is not always the case. EPA has issued Control Technique Guidelines ( CTGs) which states are to use as guidance in development of their RACT determinations/ rules for certain sources or source categories. Not every CTG issued by EPA includes an emission rate. There are several examples of CTGs issued by EPA wherein equipment standards and/ or work practice standards alone are provided as RACT guidance for all or part of the processes covered. Such examples include the CTGs issued for Bulk gasoline plants, Gasoline service stations  Stage I, Petroleum Storage in Fixed roof tanks, Petroleum refinery processes, Solvent metal cleaning, Pharmaceutical products, External Floating roof tanks and Synthetic Organic Chemical Manufacturing ( SOCMI)/ polymer manufacturing. ( See http:// www. epa. gov/ ttn/ catc/ dir1/ ctg. txt ).

In EPA's proposed conditional limited approval of the Commonwealth's RACT regulations ( 62 FR 43134, August 12, 1997) and in EPA's final conditional limited approval of those regulations ( 63 FR 13789, March 23, 1998), EPA addressed the issue of what types of RACT provisions would be acceptable. In the proposed rule EPA noted that while it defines RACT as " the lowest emission limitation that a source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility." the definition of emission limitation did not necessarily require the establishment of a numerical emission limitation. EPA further noted that "[ s] ection 302 of the Act in turn defines ` emission limitation' as a ` requirement . . . which limits the quantity, rate or concentration of air pollutants on a continuous basis, . . . , and any design, equipment, work practice or operational standard promulgated under this chapter.' " Furthermore, in the March 23, 1998 final rule EPA stated 7 that, " it is possible that RACT for certain sources and source categories could consist of requirements that do not specifically include emission limitations, but instead have other limitations."

With regard to the criteria EPA uses to determine whether to approve or disapprove RACT SIP revisions submitted by DEP pursuant to 25 Pa Code Chapter 129.91  129.95, we look to the provisions of those SIP approved regulations and to the requirements of the Clean Air Act and relevant EPA guidance. As previously stated, on March 23, 1998 ( 63 FR 13789), EPA granted conditional limited approval of Pennsylvania's generic RACT regulations, 25 PA Code Chapters 121 and 129, thereby approving the definitions, provisions and procedures contained within those regulations under which the Commonwealth would require and impose RACT. Subsection 129.91, Control of major sources of NOx and VOCs, requires subject facilities to submit a RACT plan proposal to both the Pennsylvania DEP and to EPA Region III by July 15, 1994 in accordance with subsection 129.92, entitled, RACT proposal requirements. Under subsection 129.92, that proposal is to include among other information ( 1) A list of each subject source at the facility; ( 2) The size or capacity of each affected source, and the types of fuel combusted, and the types and amounts of materials processed or produced at each source; ( 3) A physical description of each source and its operating characteristics; ( 4) Estimates of potential and actual emissions from each affected source with supporting documentation; ( 5) A RACT analysis which meets the requirements of subsection 129.92 ( b), including technical and economic support documentation for each affected source; ( 6) A schedule for implementation as expeditiously as practicable but not later than May 15, 1995; ( 7) The testing, monitoring, recordkeeping and 8 reporting procedures proposed to demonstrate compliance with RACT; and ( 8) any additional information requested by the DEP necessary to evaluate the RACT proposal. Under subsection 129.91, the DEP will approve, deny or modify each RACT proposal, and submit each RACT determination to EPA for approval as a SIP revision. The conditional nature of EPA's March 23,

1998 conditional limited approval did not impose any conditions pertaining to the regulation's procedures for the submittal of RACT plans and analyses by subject sources and approval of caseby case RACT determinations by the DEP. Rather, EPA stated that "... RACT rules may not merely be procedural rules ( emphasis added) that require the source and the State to later agree to the appropriate level of control; rather the rules must identify the appropriate level of control for source categories or individual sources."

EPA reviews the case by case RACT plan approvals and/ or permits submitted as individual SIP revisions by the Commonwealth to verify and determine if they are consistent with the RACT requirements of the Act and any relevant EPA guidance. EPA first reviews a SIP submission to ensure that the source and the Commonwealth followed the SIP approved generic rule when applying for and imposing RACT, respectively. Then EPA performs a thorough review of the technical and economic analyses conducted by the source and the state. If EPA believes additional information may further support or would undercut the RACT analyses submitted by the state, then we may add additional EPA generated analyses to the record. Thus, EPA does not believe it would be appropriate to only approve limits that are no higher than the best emission rate actually achieved after the application of RACT, adjusted only to reflect legally and technically valid averaging times and deviations. 9 EPA does note that an approved RACT emission limitation alone does not constitute the baseline against which ERCs may be generated. There are many other factors that must be considered in the calculation of eligible ERCs under Pennsylvania's approved SIP regulations governing the creation ERCs. Moreover, the scenario posed in PennFuture's comment would not create eligible ERC's under the Commonwealth approved SIP regulations. Under the Commonwealth's regulations pertaining to ERCs, found at 25 Pa. Code Chapter 127, sections 127.206 through 127.210 [ approved by the EPA at 62 FR 64722 on December 9, 1997], sources cannot obtain ERCs if they find that their RACT controls result in lower emissions than allowed by their specified RACT limits.

EPA believes that Federal rulemaking procedures allow for the format used in April 18, 2000 rulemaking ( 65 FR 20788). EPA believes that anyone interested in the specific requirements of the individual RACT determinations did have the opportunity to obtain that information, as in the preamble of the April 18, 2000 Federal Register notice, EPA offered to send anyone, upon request, a copy of the our TSDs prepared in support of the action. Copies of those TSDs are included in the docket established for this final rule under Docket ID Number at EPA R03 OAR

2006 0123.

Additional Comments: A private citizen submitted comments on the NOx RACT determinations made for the PP& L facilities and for Harrisburg Steamworks. With regard to the PP& L facilities, the commenter suggests if the capacity factors upon which the RACT determinations are based are ever exceeded, the RACT determinations should be re reviewed, and 10 that such a condition should be placed in the RACT permits with appropriate record keeping and reporting. With regard to Harrisburg Steam, the commenter cites to the fact that EPA's Technical Support Document ( TSD) states that the boilers typically operate at a 15% capacity factor, and asserts that if this capacity factor was used to determine RACT, then the permit should either limit the capacity factor of the boilers or require RACT to be re evaluated when the capacity factor reaches 30% or some other reasonable capacity factor.

EPA's Responses: EPA concurs with these comments. Pennsylvania's SIP approved generic RACT rules require that sources operate in accordance with the parameters specified in their RACT applications and/ or RACT permits including capacity factors. The DEP has imposed record keeping, monitoring, and testing requirements on these sources sufficient to determine compliance with the applicable parameters of their applications and RACT determinations.

Sources seeking variances from the operating parameters specified in their applications and/ or RACT permits that could result in emissions increases are subject to re evaluation to determine whether those emission increases trigger a more stringent RACT determination or the more stringent Pennsylvania SIP requirements for new source review.

III. Final Action EPA is approving thirteen revisions to the Pennsylvania SIP submitted by DEP to establish and require VOC and/ or NOx RACT the thirteen sources indicated herein. EPA is approving these RACT SIP submittals because DEP established and imposed these RACT requirements in accordance with the criteria set forth in the SIP approved RACT regulations applicable to these 11 sources and EPA has determined they meet the RACT requirements of section 182 of the CAA.

The DEP has also imposed recordkeeping, monitoring, and testing requirements on these sources sufficient to determine compliance with the applicable RACT determinations.

IV. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this action is not a " significant regulatory action" and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, " Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" ( 66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act ( 5 U. S. C. 601 et seq.). Because this rule approves pre existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 ( Public Law 104 4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 ( 65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it 12 does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 ( 64 FR 43255, August 10, 1999).

This action merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act.

This rule also is not subject to Executive Order 13045 " Protection of Children from Environmental Health Risks and Safety Risks" ( 62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices,

provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards ( VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 ( 44 U. S. C. 3501 et seq.).

B. Submission to Congress and the Comptroller General 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. Section 804 exempts from section 801 the following types of rules: ( 1) rules of particular applicability; ( 2) 13 rules relating to agency management or personnel; and ( 3) rules of agency organization,

procedure, or practice that do not substantially affect the rights or obligations of non agency parties. 5 U. S. C. 804( 3). EPA is not required to submit a rule report regarding today's action under section 801 because this is a rule of particular applicability establishing source specific requirements for thirteen named sources.

C. Petitions for Judicial Review Under section 307( b)( 1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by [ insert date 60 days from date of publication of this document in the Federal Register]. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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 approving revisions to the Pennsylvania SIP submitted by DEP to establish and require VOC and/ or NOx RACT for thirteen sources located in the Commonwealth of Pennsylvania 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, Nitrogen dioxide, Reporting and recordkeeping requirements, Volatile organic compounds.

___________________________ Dated: February 28, 2006 William Early, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows:

PART 52  [ AMENDED]

1. The authority citation for part 52 continues to read as follows: Authority: 42 U. S. C. 7401 et seq.

Subpart NN  Pennsylvania 2. In Section 52.2020, the table in paragraph ( d)( 1) is amended by adding the entries for Cogentrix of Pennsylvania Inc.; Scrubgrass Generating Company, LP; Wheelabrator Frackville Energy Co.; Indiana University of Pennsylvania  S. W. Jack Cogeneration Facility; Fleetwood Motor Homes; Piney Creek, LP; Statoil Energy Power Paxton, LP; Harrisburg Steamworks; Cove Shoe Company; PP& L  Fichbach C. T. Facility; PP& L  Allentown C. T. Facility; PP& L  Harwood C. T. Facility; and PP& L  Jenkins C. T. Facility at the end of the table to read as follows:

§ 52.2020 Identification of plan.

* * * * *

( d) * * *

( 1) * * *

Name of Source Permit Number County State Effective Date EPA Approval Date Additional Explanation/ § 52.2063 citation * * * * * * *

Cogentrix of Pennsylvania Inc. OP 33 0137 Jefferson 1/ 27/ 98 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( l)

PA 33 302 014 11/ 15/ 90 Except for all ton per year limits and expiration dates in these permits, for Conditions 4,5, and 6;

OP 33 302 014 5/ 31/ 93 Except for Condition 2 PA 33  399  004 10/ 31/ 98 Except for Conditions 1, 2, 3, 4b, 4c, 4d, 4e, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, and 16; Name of Source Permit Number County State Effective Date EPA Approval Date Additional Explanation/ § 52.2063 citation 15 OP 33  399  004 5/ 31/ 93 Except for Condition 2.

Scrubgrass Generating Company, LP OP 61 0181 Venango 4/ 30/ 98 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( l) Except for Conditions 4, 6, 7, and 9 Wheelabrator Frackville Energy Co. OP 54 005 Schuylkill 9/ 18/ 98 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( l) Except for the particulate and SO2 emission limits found in Condition 4, Condition 5, 6, 7, 9, 10, 11, 12 and 13 and the expiration date Indiana University of Pennsylvania  S. W. Jack Cogeneration Facility OP 32 000 200 Indiana 9/ 24/ 98 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( l) Except for the expiration date and Conditions 5, 7, 10, 12, 20, 21, and 22;

Fleetwood Motor Homes OP 49 0011 Northumberland 10/ 30/ 98 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( l) Except for Conditions 3, 5, 23  31 and the expiration date Piney Creek, LP OP 16 0127 Clarion 12/ 18/ 98 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( l) Except for the ton per year and #/ hr limits in Condition 4, Conditions 5 and 9 Name of Source Permit Number County State Effective Date EPA Approval Date Additional Explanation/ § 52.2063 citation 16 Statoil Energy Power Paxton, LP OP 22 02015 Dauphin 6/ 30/ 99 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( l) Except for the expiration date and Conditions 6, 16, 19 and 20 Harrisburg Steamworks OP 22 02005 Dauphin 3/ 23/ 99 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( l) Except for Conditions 5, 8, 11, 9, 10,18, 19, 22, 23, 24 and the expiration date;

Cove Shoe Company OP 07 02028 Blair 4/ 7/ 99 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( l) except for Conditions 5, 10 and the expiration date;

PP& L  Fichbach C. T. Facility OP 54 0011 Schuylkill 6/ 1/ 99 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( l) Except for the expiration date PP& L  Allentown C. T. Facility OP 39 0009 Lehigh 6/ 1/ 99 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( l) Except for the expiration date PP& L  Harwood C. T. Facility OP 40 0016 Luzerne 6/ 1/ 99 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( l) Except for the expiration date Name of Source Permit Number County State Effective Date EPA Approval Date Additional Explanation/ § 52.2063 citation 17 PP& L  Jenkins C. T. Facility OP 40 0017 Luzerne 6/ 1/ 99 [ Insert Federal Register publication date] [ Insert page number where the document begins] 52.2020( d)( 1)( l) Except for the expiration date * * * * *


[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Page 80762]
[FR Doc No: 2015-32573]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL13-62-002]

Independent Power Producers of New York, Inc. v. New York
Independent System Operator, Inc.; Notice of Compliance Filing

    Take notice that on December 16, 2015, New York Independent System
Operator, Inc. submits a compliance filing in response to the November
16, 2015 Data Request.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on January 11, 2016.

    Dated: December 21, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-32573 Filed 12-24-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Rules and Regulations]
[Pages 37189-37190]
[FR Doc No: 2014-15166]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. OSHA-2014-0013; Docket No. OSHA-S048-2006-0674]

Vehicle-Mounted Elevating and Rotating Work Platforms and Logging
Operations; Corrections

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Correcting amendments.

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

SUMMARY: OSHA is correcting typographical errors in its Vehicle-mounted
elevating and rotating work platforms and Logging operations standards.

DATES: Effective July 1, 2014.

FOR FURTHER INFORMATION CONTACT: Press inquiries: Mr. Frank Meilinger,
Director, Office of Communications, OSHA, U.S. Department of Labor,
Room N-3647, 200 Constitution Avenue NW., Washington, DC 20210;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    General and technical information: Mr. Robert Bell, Directorate of
Standards and Guidance, Office of Engineering Safety, OSHA, Room N-
3621, U.S. Department of Labor, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    This notice corrects two typographical errors, one each in OSHA's
standards on Vehicle-mounted elevating and rotating work platforms at
29 CFR 1910.67 (39 FR 23502 (6/27/1974))(Docket No. OSHA-2014-0013),\1\
and Logging operations at 29 CFR 1910.266 (59 FR 51672 (10/12/
1994))(Docket No. OSHA-S048-2006-0674). OSHA believes the standards, as
published, may mislead stakeholders; therefore, with this notice, OSHA
is correcting these typographical errors.
---------------------------------------------------------------------------

    \1\ OSHA adopted 29 CFR 1910.67 pursuant to Section (6)(a) of
the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C.
651, 655(a)), which allowed the Agency, during the first two years
following the effective date of the OSH Act, to adopt as an
occupational safety or health standard any national consensus
standard or established Federal standard. In 1975, OSHA added new
paragraph (c) to Sec.  1910.67 (40 FR 13439 (3/26/1975)). In neither
instance did OSHA have a docket number for the rulemaking.
Therefore, for the purpose of publishing this notice, OSHA needed to
establish a docket number for Sec.  1910.67 (i.e., Docket No. OSHA-
2014-0013).
---------------------------------------------------------------------------

    The first typographical error this notice corrects is the title of
a national consensus standards organization referenced in Sec.
1910.67(c)(5). Section 1910.67(c)(5) states that all welding done on
vehicle-mounted elevating and rotating work platforms must conform to
Automotive Welding Society Standards incorporated by reference in 29
CFR 1910.6. However, as Sec.  1910.6(i) specifies, the correct title of
the organization is the American Welding Society Standards.
Accordingly, in Sec.  1910.67(c)(5) OSHA replaces ``Automotive'' with
``American.''
    The second typographical error this notice corrects is a reference
in the Logging operations standard to another OSHA standard.
Specifically, Sec.  1910.266(d)(1)(iv), which establishes personal-
protective-equipment requirements when logging employees operate chain
saws, states that the requirement does not apply to employees who
operate chain saws from a vehicle-mounted elevating and rotating work
platform that meets the requirements of 29 CFR 1910.68. However, 29 CFR
1910.67, not Sec.  1910.68 (Manlifts), addresses vehicle-mounted
elevating and rotating work platforms. Therefore, in Sec.
1910.266(d)(1)(iv), OSHA is inserting Sec.  1910.67 in place of Sec.
1910.68.

List of Subjects in 29 CFR Part 1910

    Chain saws, Incorporation by reference, Logging, Occupational
safety and health, Safety.

    Accordingly, the Occupational Safety and Health Administration is
correcting 29 CFR part 1910 by making the following correcting
amendments:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

0
1. Revise the authority citation for subpart F to read as follows:

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 5-2007 (72 FR 31159), or 1-2012 (77 FR 3912), as
applicable; and 29 CFR part 1911.

0
2. In Sec.  1910.67, revise paragraph (c)(5) to read as follows:

Sec.  1910.67  Vehicle-mounted elevating and rotating work platforms.

* * * * *
    (c) * * *
    (5) ``Welding standards.'' All welding shall conform to the
following American Welding Society (AWS) Standards which are
incorporated by reference as specified in Sec.  1910.6, as applicable:
* * * * *

Subpart R--[Amended]

0
3. Revise the authority citation for subpart R to read as follows:

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-
90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2007 (72
FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as
applicable; and 29 CFR part 1911.

0
4. In Sec.  1910.266, revise paragraph (d)(1)(iv) to read as follows:

Sec.  1910.266  Logging Operations.

* * * * *
    (d) * * *
    (1) * * *
    (iv) The employer shall provide, at no cost to the employee, and
assure that each employee who operates a chain saw wears leg protection
constructed with cut-resistant material, such as ballistic nylon. The
leg protection shall cover the full length of the thigh to the top of
the boot on each leg to protect against contact with a moving chain
saw. Exception: This requirement does not apply when an employee is
working as a climber if the employer demonstrates that a greater hazard
is posed by wearing leg protection in the particular situation, or when
an employee is working from a vehicular mounted elevating and rotating
work platform meeting the requirements of 29 CFR 1910.67.
* * * * *

    Signed at Washington, DC, on: June 20, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-15166 Filed 6-30-14; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 77, Number 70 (Wednesday, April 11, 2012)]
[Notices]
[Page 21763]
[FR Doc No: 2012-8688]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-1435-000]

ReEnergy Stratton LLC; Supplemental Notice That Revised Market-
Based Rate Tariff Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
ReEnergy Stratton LLC's tariff revision filing, noting that such filing
includes a request for blanket authorization, under 18 CFR part 34, of
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is April 25, 2012.
    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 Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding 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 email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 5, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-8688 Filed 4-10-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Notices]
[Pages 12380-12384]
[FR Doc No: 2011-5024]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63999; File No. SR-FINRA-2010-061]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Amendment No. 1 and Order Granting
Accelerated Approval of a Proposed Rule Change Adopting, as Modified by
Amendment No. 1, Rules Governing Guarantees, Carrying Agreements,
Security Counts and Supervision of General Ledger Accounts in the
Consolidated FINRA Rulebook

March 1, 2011.

I. Introduction

    On November 12, 2010, the Financial Industry Regulatory Authority,
Inc. (``FINRA'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to adopt rules governing
guarantees, carrying agreements, security counts and supervision of
general ledger accounts in the consolidated FINRA Rulebook. The
proposed rule change was published for comment in the Federal Register
on November 24, 2010.\3\ The Commission received one comment letter on
the proposed rule change.\4\ On February 24, 2011, FINRA responded to
the comments and filed Amendment No. 1 to the proposed rule change.\5\
The Commission is publishing this notice and order to solicit comments
on Amendment No. 1 and to approve the

proposed rule change, as modified by Amendment No. 1, on an accelerated
basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Exchange Act Release No. 63375 (November 24, 2010), 75
FR 74759 (December 1, 2010) (Notice of Filing of Proposed Rule
Change; File No. SR-FINRA-2010-061) (``Notice'').
    \4\ See Letter from D. Grant Vingoe, Arnold & Porter LLP
(``Arnold & Porter''), to Elizabeth M. Murphy, Secretary, SEC, dated
December 22, 2010 (available at http://www.sec.gov/comments/sr-finra-2010-061/finra2010061.shtml).
    \5\ See Amendment No. 1 dated February 24, 2011 (``Amendment No.
1'') and FINRA's response to comments, dated February 24, 2011
(``Response to Comments''), which are available on FINRA's Web site
at http://www.finra.org, at the principal office of FINRA, and on
the Commission's Web site at http://www.sec.gov/rules/sro.shtml.
---------------------------------------------------------------------------

II. Description of Proposed Rule Change, as Modified by Amendment No. 1

A. Background

1. Purpose
    As part of the process of developing a new consolidated rulebook
(``Consolidated FINRA Rulebook''),\6\ FINRA is proposing to adopt new,
consolidated rules governing guarantees, carrying agreements, security
counts and supervision of general ledger accounts. FINRA proposes to
adopt FINRA Rules 4150 (Guarantees by, or Flow Through Benefits for,
Members), 4311 (Carrying Agreements), 4522 (Periodic Security Counts,
Verifications and Comparisons) and 4523 (Assignment of Responsibility
for General Ledger Accounts and Identification of Suspense Accounts) in
the Consolidated FINRA Rulebook and to delete NASD Rule 3230, NYSE
Rules 322, 382, 440.10 and 440.20 and NYSE Rule Interpretations 382/01
through 382/05, 409(a)/01 and 440.20/01.\7\
---------------------------------------------------------------------------

    \6\ The current FINRA rulebook consists of: (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
    \7\ For convenience, the Incorporated NYSE Rules are referred to
as the ``NYSE Rules.''
---------------------------------------------------------------------------

    The proposed rules would, in combination with other consolidated
financial responsibility rules approved by the SEC,\8\ enhance FINRA's
authority to execute effectively its financial and operational
surveillance and examination programs. Consistent with the approach
that FINRA discussed in SR-FINRA-2008-067 and Regulatory Notice 09-71,
many of the requirements set forth in the proposed rules are
substantially the same as requirements found in current rules and,
where appropriate, are tiered to apply only to carrying or clearing
firms, or to firms that engage in certain specified activities.\9\
Certain of the proposed rule provisions are new for FINRA members that
are not Dual Members (``non-NYSE members''). Certain other provisions
are new for both Dual Members and non-NYSE members alike.
---------------------------------------------------------------------------

    \8\ See Exchange Act Release No. 60933 (November 4, 2009), 74 FR
58334 (November 12, 2009) (Order Granting Accelerated Approval to
Proposed Rule Change; File No. SR-FINRA-2008-067). See also
Regulatory Notice 09-71 (December 2009) (SEC Approves Consolidated
FINRA Rules Governing Financial Responsibility) and Regulatory
Notice 09-03 (January 2009) (Financial Responsibility and Related
Operational Rules).
    \9\ For purposes of the new consolidated financial
responsibility rules and the proposed rules, FINRA has specified in
the rule text where appropriate that all requirements that apply to
a member that clears or carries customer accounts also apply to any
member that, operating pursuant to the exemptive provisions of
Exchange Act Rule 15c3-3(k)(2)(i), either clears customer
transactions pursuant to such exemptive provisions or holds customer
funds in a bank account established thereunder. For further
discussion, see 74 FR 58334. See also proposed FINRA Rule 4523.02 in
this rule filing.
---------------------------------------------------------------------------

    In Amendment No. 1, FINRA proposes new Supplementary Material .04
to Rule 4311. This Supplementary Material is technical in nature. It is
intended to remind members that, for purposes of paragraphs (c)(1)(F)
and (c)(2) of Rule 4311, the receipt and delivery of customers' funds
and securities and the safeguarding of such funds and securities must
comply with the requirements of the SEC's financial responsibility
rules, in particular Exchange Act Rule 15c3-3 and applicable SEC
guidance. Amendment No. 1 would redesignate the original Supplementary
Material .04 as .05.
2. Proposed Amendments
    FINRA proposes the following amendments to its rules.
(A) Proposed FINRA Rule 4150 (Guarantees by, or Flow Through Benefits
for, Members)
    As stated in the Notice, Proposed Rule 4150(a) is based in large
part on NYSE Rule 322.\10\ Proposed Rule 4150(a) requires that prior
written notice be given to FINRA whenever a member guarantees, endorses
or assumes, directly or indirectly, the obligations \11\ or liabilities
of another person (including an entity).\12\ Paragraph (b) of the rule
requires that prior written approval must be obtained from FINRA
whenever any member receives flow-through capital benefits in
accordance with Appendix C of Exchange Act Rule 15c3-1.\13\
---------------------------------------------------------------------------

    \10\ NASD Rules do not have a provision that corresponds to NYSE
Rule 322. Accordingly, the requirements of proposed FINRA Rule 4150
would be new to non-NYSE members.
    \11\ FINRA noted that the term ``obligations'' includes
financial obligations, as well as other obligations that may have a
financial impact on a member, such as performance obligations.
    \12\ NASD Rule 0120(n) defines ``person'' to include any natural
person, partnership, corporation, association, or other legal
entity. Similarly, NYSE Rule 2(d) states that ``person'' means a
natural person, corporation, limited liability company, partnership,
association, joint stock company, trust, fund or any organized group
of persons whether incorporated or not. All references to
``persons'' in this filing include entities.
    \13\ FINRA notes the proposed rule is designed to align with the
requirements of Appendix C.
---------------------------------------------------------------------------

(B) Proposed FINRA Rule 4311 (Carrying Agreements)
    Proposed FINRA Rule 4311 is based on NASD Rule 3230 and NYSE Rule
382.\14\ The proposed rule governs the requirements applicable to
members when entering into agreements for the carrying of any customer
accounts in which securities transactions can be effected.
Historically, the purpose of the NASD and NYSE rules upon which the
proposed rule is based has been to ensure that certain functions and
responsibilities are clearly allocated to either the introducing or
carrying firm, consistent with the requirements of the self-regulatory
organization and SEC's financial responsibility and other rules and
regulations, as applicable.\15\
---------------------------------------------------------------------------

    \14\ Proposed FINRA Rule 4311 also is based on NYSE Rule
Interpretations 382/01 through/05 and 409(a)/01.
    \15\ See, e.g., Notice to Members 94-7 (February 1994) (SEC
Approves New NASD Rule Relating to the Obligations and
Responsibilities of Introducing and Clearing Firms) and NYSE
Information Memo 82-18 (March 1982) (Carrying Agreements--Amendments
to Rules 382 and 405).
---------------------------------------------------------------------------

    As discussed in the Notice, Proposed FINRA Rule 4311(a)(1)
prohibits a member, unless otherwise permitted by FINRA, from entering
into an agreement for the carrying on an omnibus or fully disclosed
basis, of any customer account in which securities transactions can be
effected, unless the agreement is with a carrying firm that is a FINRA
member.
    Proposed FINRA Rule 4311(b)(1) requires that the carrying firm must
submit to FINRA for prior approval any agreement for the carrying of
accounts, whether on an omnibus or fully disclosed basis, before such
agreement may become effective.\16\ The proposed rule also provides
that the carrying firm must submit to FINRA for prior approval any
material changes to an approved carrying agreement before the changes
may become effective. The proposed rule codifies the practice under
NASD Rule 3230 of permitting use of pre-approved standardized forms of
agreement, with the exception of agreements with parties that are not
U.S.-registered broker-dealers. The proposed rule requires a carrying
firm to submit to FINRA for approval each carrying agreement with a
non-U.S.-registered broker-dealer.
---------------------------------------------------------------------------

    \16\ Proposed FINRA Rule 4311(b)(1) is consistent with the
requirements of NASD Rule 3230(e) and NYSE Rule 382(a).
---------------------------------------------------------------------------

    FINRA Rule 4311(b)(3) codifies the current practice under NYSE Rule
382 of requiring that as early as possible, but

not later than 10 business days, prior to the carrying of any accounts
of a new introducing firm (including the accounts of any piggyback or
intermediary introducing firm(s)), the carrying firm must submit to
FINRA a notice identifying each such introducing firm by name and CRD
number and include such additional information as FINRA may
require.\17\ FINRA Rule 4311(b)(4) expressly requires each carrying
firm to conduct appropriate due diligence with respect to any new
introducing firm relationship. The rule provides that such due
diligence must assess the financial, operational, credit and
reputational risk that such arrangement will have upon the carrying
firm. The rule also provides that FINRA, in its review of any
arrangement, may in its discretion require specific items to be
addressed by the carrying firm as part of the firm's due diligence
requirement under the rule. The rule further provides that the carrying
firm must maintain a record, in accord with the time frames prescribed
by Exchange Act Rule 17a-4(b), of the due diligence conducted for each
new introducing firm.
---------------------------------------------------------------------------

    \17\ This is a new requirement for non-NYSE carrying members,
and permits FINRA to obtain additional information that enables it
to evaluate the impact of the new carrying arrangement on the
financial and operational condition of the member.
---------------------------------------------------------------------------

    Proposed FINRA Rule 4311(c) requires that each carrying agreement
in which accounts are to be carried on a fully disclosed basis must
specify the responsibilities of each party to the agreement.\18\ The
proposed rule also requires each carrying agreement in which accounts
are to be carried on a fully disclosed basis to expressly allocate to
the carrying firm the responsibility for preparing and transmitting
statements of account to customers.
---------------------------------------------------------------------------

    \18\ Proposed FINRA Rule 4311(c) is based in part on NASD Rule
3230(a) and NYSE Rule 382(b).
---------------------------------------------------------------------------

    FINRA Proposed Rule 4311(d) requires that each customer whose
account is introduced on a fully disclosed basis must be notified in
writing upon the opening of the account of the existence of the
carrying agreement and the responsibilities allocated to each
respective party.\19\
---------------------------------------------------------------------------

    \19\ Proposed FINRA Rule 4311(d) is based in part on NASD Rule
3230(g), NYSE Rule 382(c), and NYSE Rule Interpretation 382/03.
---------------------------------------------------------------------------

    Proposed FINRA Rule 4311(e) requires that each carrying agreement
must expressly state that to the extent that a particular
responsibility is allocated to one party, the other party or parties
will supply to the responsible organization all appropriate data in
their possession pertinent to the proper performance and supervision of
that responsibility.\20\
---------------------------------------------------------------------------

    \20\ This is a new requirement for non-NYSE members.
---------------------------------------------------------------------------

    Proposed FINRA Rule 4311(f) provides that a carrying agreement may
authorize an introducing firm to issue negotiable instruments directly
to its customers on the carrying firm's behalf, using instruments for
which the carrying firm is the maker or drawer, provided that the
parties comply with Exchange Act Rule 15c3-3 and further that the
introducing firm represents to the carrying firm in writing that the
introducing firm maintains, and will enforce, supervisory policies and
procedures with respect to such negotiable instruments that are
satisfactory to the carrying firm.\21\
---------------------------------------------------------------------------

    \21\ Proposed FINRA Rule 4311(f) is based in part on NASD Rule
3230(d) and NYSE Rule 382(f).
---------------------------------------------------------------------------

    Proposed FINRA Rules 4311(g) and 4311(h) generally address
obligations of parties to provide referenced information, such as any
written customer complaints and exception reports, to each other and/or
to FINRA and are based upon existing NASD and NYSE rule provisions.
    Proposed FINRA Rule 4311(i) provides that all carrying agreements
must require each introducing firm to maintain its proprietary and
customer accounts, and the proprietary and customer accounts of any
introducing firm for which it is acting as an intermediary in obtaining
clearing services from the carrying firm, in such a manner as to enable
the carrying firm and FINRA to specifically identify the proprietary
and customer accounts belonging to each introducing firm.\22\
---------------------------------------------------------------------------

    \22\ Proposed FINRA Rule 4311(i) is based largely on NASD Rule
3230(h) and does not have a corresponding provision in NYSE Rule
382.
---------------------------------------------------------------------------

(C) Proposed FINRA Rule 4522 (Periodic Security Counts, Verifications
and Comparisons)
    Proposed FINRA Rule 4522(a) requires each member firm that is
subject to the requirements of Exchange Act Rule 17a-13 to make the
counts, examinations, verifications, comparisons, and entries set forth
in that rule.\23\ Proposed FINRA Rule 4522(b) requires each carrying or
clearing member subject to Exchange Act Rule 17a-13 to make more
frequent counts, examinations, verifications, comparisons, and entries
where prudent business practice would so require.\24\
---------------------------------------------------------------------------

    \23\ Proposed FINRA Rule 4522(a) is based in part on NYSE Rule
440.10.
    \24\ Id.
---------------------------------------------------------------------------

(D) Proposed FINRA Rule 4523 (Assignment of Responsibility for General
Ledger Accounts and Identification of Suspense Accounts)
    Proposed FINRA Rule 4523 is intended to help assure the accuracy of
each member's books and records.\25\ Proposed FINRA Rule 4523(a)
requires that each member must designate an associated person to be
responsible for each general ledger bookkeeping account and account of
similar function used by the member. The associated person must control
and oversee entries into each such account and determine that the
account is current and accurate as necessary to comply with all
applicable FINRA rules and federal securities laws governing books and
records and financial responsibility requirements.
---------------------------------------------------------------------------

    \25\ Proposed FINRA Rule 4523 is based on NYSE Rule 440.20. NASD
Rules do not have a provision that corresponds to NYSE Rule 440.20;
therefore, the requirements of proposed FINRA Rule 4523 are new to
non-NYSE members.
---------------------------------------------------------------------------

    Proposed FINRA Rule 4523(b) requires that each carrying or clearing
member must maintain a record of the name of each individual assigned
primary and supervisory responsibility for each account as required by
paragraph (a) of the rule.
    Proposed FINRA Rule 4523(c) provides that each member must record,
in an account that must be clearly identifiable as a suspense account,
money charges or credits and receipts or deliveries of securities whose
ultimate disposition is pending determination.
(E) Implementation Date
    FINRA will announce the implementation date of these proposed rule
changes in a Regulatory Notice to be published no later than 90 days
following Commission approval. The implementation date will be no later
than 120 days following publication of the Regulatory Notice announcing
Commission approval.

III. Summary of Comment Letter and FINRA's Response

    The proposed rule change was published for comment in the Federal
Register on November 24, 2010, and the comment period closed on
December 22, 2010. The Commission received one comment letter in
response to the proposing release, the Arnold & Porter letter.\26\
Arnold & Porter expressed concerns about the scope of proposed FINRA
Rule 4311. Specifically, the commenter suggested that proposed FINRA
Rule 4311 was not clear as to whether a FINRA member firm that

operates pursuant to the exemptive provision of Exchange Act Rule 15c3-
3(k)(2)(i) is engaged in carrying activity and, thereby, subject to the
rule. In FINRA's response, it noted that FINRA had specified in the
rule text where appropriate those requirements of the proposed rule
which are intended to apply to firms that operate pursuant to the
exemptive provisions of Exchange Act Rule 15c3-3(k)(2)(i).\27\
---------------------------------------------------------------------------

    \26\ See supra note 4.
    \27\ See also Notice, note 6, at FR 74760 (stating, ``[f]or
purposes of the new consolidated financial responsibility rules and
the proposed rules, FINRA has specified in the rule text where
appropriate that all requirements that apply to a member that clears
or carries customer accounts also apply to any member that,
operating pursuant to the exemptive provisions of SEA Rule 15c3-
3(k)(2)(i), either clears customer transactions pursuant to such
exemptive provisions or holds customer funds in a bank account
established thereunder.'').
---------------------------------------------------------------------------

    The Arnold & Porter letter also raised concerns as to whether
proposed FINRA Rule 4311 impacts the status of DVP/RVP clearance and
settlement arrangements across international borders that may be
structured as omnibus accounts where U.S.-registered broker-dealers
seek to designate these accounts at a foreign affiliate as approved
foreign control locations under Exchange Act Rule 15c3-3. As FINRA
stated in its response, the proposed rule applies to arrangements to
carry customer accounts and is ``not meant to address the substantive
requirements of SEA Rule 15c3-3(c) as it applies to good control
locations nor to apply to cross-border clearance and settlement
arrangements that are structured on a basis that is permissible under
and consistent with SEC rules.'' \28\
---------------------------------------------------------------------------

    \28\ See Response to Comments.
---------------------------------------------------------------------------

    Finally, FINRA noted that the propriety of structuring cross-border
clearance and settlement arrangements in the manner described by the
commenter, and the propriety of a U.S.-registered broker-dealer's
reliance on Exchange Act Rule 15c3-3(k)(2)(i) for various business
activities, were outside the scope of the proposed rule change.\29\
---------------------------------------------------------------------------

    \29\ Id.
---------------------------------------------------------------------------

IV. Discussion and Commission Findings

    The Commission has carefully considered the proposed rule change,
as modified by Amendment No. 1, the comment letter received, and
FINRA's response, and finds that the proposed rule change is consistent
with the requirements of the Exchange Act and the rules and regulations
thereunder that are applicable to a national securities
association.\30\ In particular, the Commission finds that the proposal
is consistent with Section 15A(b)(6) of the Exchange Act,\31\ which
requires, among other things, that the rules of a national securities
association be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, protect investors and the
public interest.
---------------------------------------------------------------------------

    \30\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
    \31\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    The Commission believes that FINRA adequately addressed the
concerns raised by the commenter in its response. Further, the rule
language in Amendment No. 1 reminds FINRA members that, for purposes of
paragraphs (c)(1)(F) and (c)(2) of Rule 4311, the receipt and delivery
of customers' funds and securities and the safeguarding of such funds
and securities must comply with the requirements of the SEC's financial
responsibility rules, in particular Exchange Act Rule 15c3-3 and
applicable SEC guidance. The Commission believes the proposed rule
change, as modified by Amendment No. 1, will further the purposes of
the Exchange Act by, among other things, clarifying and streamlining
the requirements surrounding carrying agreements, as well as the rules
governing guarantees, security counts, and supervision of general
ledger accounts.

V. Accelerated Approval

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Exchange Act,\32\ for approving the proposed rule change, as
modified by Amendment No. 1 thereto, prior to the 30th day after
publication of Amendment No. 1 in the Federal Register. The changes
proposed in Amendment No. 1 add clarity to Rule 4311 and do not raise
novel regulatory concerns. In particular, Amendment No. 1 further
reminds FINRA members that, for purposes of paragraphs (c)(1)(F) and
(c)(2) of Rule 4311, receipt and delivery of customers' funds and
securities and the safeguarding of such funds and securities must
comply with the requirements of the SEC's financial responsibility
rules, in particular Exchange Act Rule 15c3-3 and applicable SEC
guidance.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    Accordingly, the Commission finds that good cause exists to approve
the proposal, as modified by Amendment No. 1, on an accelerated basis.

VI. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether Amendment No. 1
to the proposed rule change is consistent with the Exchange Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2010-061 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090. All submissions should refer to File Number
SR-FINRA-2010-061. 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 Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of FINRA. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-FINRA-2010-061 and should be submitted on or before March 28, 2011.

VII. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\33\ that the proposed rule change (SR-FINRA-2010-061), as
modified by Amendment No. 1, be, and hereby is, approved on an
accelerated basis.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-5024 Filed 3-4-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 30, 2006 (Volume 71, Number 168)]
[Notices]
[Page 51606-51607]
[DOCID:fr30au06-92]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application and Soliciting Comments, Motions To
Intervene, and Protests

August 21, 2006.
    a. Type of Application: Extension of Comment Deadline: Shoreline
Management Plan.
    b. Project Number: P-487-048.
    c. Date Filed: July 7, 2006.
    d. Applicant: PPL Holtwood, LLC.
    e. Name of Project: Wallenpaupack Hydroelectric Project (FERC No.
487).
    f. Location: The project is located on the Wallenpaupack Creek and
the Lackawaxen River in Pike and Wayne Counties, Pennsylvania.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a), 825(r)
and 799 and 801.
    h. Applicant Contact: Mr. Gary Petrewski, PPL Generation, LLC, Two
North Ninth Street, Allentown, PA 18101. Phone:<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Chris Yeakel at<PHONE_NUMBER>, or e-mail address:
<EMAIL_ADDRESS>
    j. Deadline for filing comments and/or motions: September 25, 2006.
    k. Description of Application: This notice extends the comment
deadline of August 25, 2006, originally set by the initial notice of
the application issued July 26, 2006. Under article 409 of the project
license, the licensee has filed its proposed shoreline management plan
for Commission approval. The plan incorporates existing standards,
policies, and permitting processes for uses and activities located
within the project boundary. The plan will assist the licensee in
continuing to operate the

project and manage the associated lands in compliance with the license
requirements for recreation, safety and environmental protection while
maintaining operational control over the impoundment for electrical
generation. The plan includes a description of the permitting system
for shoreline uses, access and maintenance, measures for stabilizing
erosion, measures for cooperating with the multiple governing entities
surrounding the project and coordinating adjacent land uses with
shoreline uses, and measures for preserving the aesthetic quality of
the shoreline.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (P-487) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or e-mail<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
and .214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``Comments'', ``Recommendations
for Terms and Conditions'', ``Protest'', or ``Motion to Intervene'', as
applicable, and the Project Number of the particular application to
which the filing refers (P-487-048). All documents (original and eight
copies) should be filed with: Magalie R. Salas, Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. A copy of any motion to intervene must also be served upon each
representative of the Applicant specified in the particular
application.
    p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. 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 at http://www.ferc.gov

under the ``e-Filing'' link.

Magalie R. Salas,
Secretary.
[FR Doc. E6-14377 Filed 8-29-06; 8:45 am]

BILLING CODE 6717-01-P