[Federal Register: June 9, 2006 (Volume 71, Number 111)]
[Notices]
[Page 33496-33500]
[DOCID:fr09jn06-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53592; File No. SR-NYSEArca-2006-21]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to Approval of Market Data Fees for
NYSE Arca Data

June 7, 2006.
    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 May 23, 2006, the NYSE Arca, Inc. (``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, through its wholly owned subsidiary, NYSE Arca
Equities, Inc. (``NYSE Arca Equities''), proposes to establish market
data fees for the receipt and use of market data that the Exchange
makes available. The text of the proposed rule change is available
below. Proposed new language is italicized.
* * * * *

Schedule of NYSE Arca Market Data Fees

    1. Monthly Access Fees.
    A. Direct Access: $750 per set of four Logons
    B. Indirect Access: $750
    2. Monthly Device Fees
    A. Professional Subscribers
    i. For ArcaBook information relating to Exchange-Traded Funds and
CTA Plan Securities: $15.00
    ii. For ArcaBook information relating to UTP Plan Securities (other
than Exchange-Traded Funds): $15.00

    iii. For limit order information and last sale price information
relating to bonds that are traded through NYSE Arca facilities: No
charge.
    B. Nonprofessional Subscribers
    i. For ArcaBook information relating to Exchange-Traded Funds and
CTA Plan Securities: $5.00
    ii. For ArcaBook information relating to UTP Plan Securities (other
than Exchange-Traded Funds): $5.00
    iii. For limit order information and last sale price information
relating to bonds that are traded through NYSE Arca facilities: No
charge.
    C. Maximum Monthly Device Fee Payments. An entity that is
registered as a broker-dealer under the Securities Exchange Act of 1934
is not required to pay more than the monthly broker-dealer ``Maximum
Amount'' for device fees payable in respect of services that it
provides to:
    (i) Nonprofessional Subscribers that maintain brokerage accounts
with the broker-dealer; and
    (ii) Professional Subscribers that are not affiliated with the
broker-dealer or any affiliate of the broker-dealer (either as an
officer, partner or employee or otherwise) and that maintain brokerage
accounts directly with the broker-dealer (that is, with the broker-
dealer rather than with a correspondent firm of the broker dealer);

provided, however, that Nonprofessional Subscribers must comprise no
less than 90 percent of the pool of subscribers as to which the monthly
Maximum Amount applies. The ``Maximum Amount'' for any month in
calendar year 2006 shall equal $20,000. The ``Maximum Amount'' for the
months falling in a subsequent calendar year shall increase by the
percentage increase (if any) in the annual composite share volume for
the calendar year preceding that subsequent calendar year, subject to a
maximum annual increase of five percent.
    For example, if the annual composite share volume for calendar year
2006 increases by three percent over the annual composite share volume
for calendar year 2005, then the monthly Maximum Amount for months
falling in calendar year 2007 would increase by three percent to
$20,600.
    D. Free Trial Period--No device fees apply in respect of the
receipt of NYSE Arca Market Data by a Professional Subscriber or
Nonprofessional Subscriber in the calendar month in which the
subscriber first becomes authorized to receive the data. For example,
if a subscriber becomes authorized to receive NYSE Arca Market Data on
May 10, the device fees will not apply during that month of May.
    For the purposes of this Market Data Fee Schedule, the following
definitions shall apply:
    1. ``CTA Plan'' means the plan pursuant to which national
securities exchanges disseminate last sale prices of transactions in
CTA Plan Securities in compliance with Rule 601 under Regulation NMS.
The CTA Plan can be found at http://www.nysedata.com/nysedata/Default.aspx?tabid=227
.

    2. ``CTA Plan Security'' means a security (a) that is listed for
trading on one or more national securities exchanges, other than those
listed on the Nasdaq Stock Market, Inc., and (b) trades in which are
reported pursuant to the CTA Plan
    3. ``Direct Access'' means access to NYSE Arca market data by means
of a direct connection or linkage to NYSE Arca facilities. ``Indirect
Access'' means access to NYSE Arca Data through an intermediary.
    4. ``Exchange-Traded Fund'' means exchange-listed securities
representing interests in open end unit investment trusts or open-end
management investment companies that hold securities based on an index
or a portfolio of securities.
    5. ``Logon'' means a single means of access to one instance of an
NYSE Arca datafeed. For example, if an access recipient gains access to
NYSE Arca Data during a month by means of one logon to receive
ArcaBook, a second logon to receive NYSE Arca bond information, a third
logon to receive NYSE Arca back-up access to ArcaBook and a fourth
logon to receive back-up access to NYSE Arca bond information, that
recipient would have enjoyed four Logons during the month.
    6. ``Nonprofessional Subscriber'' means an authorized end-user of
NYSE Arca Data who is a natural person and who is neither:
    (a) Registered or qualified with the Securities and Exchange
Commission (the ``Commission''), the Commodities Futures Trading
Commission, any state securities agency, any securities exchange or
association, or any commodities or futures contract market or
association;
    (b) Engaged as an ``investment advisor'' as that term is defined in
Section 202(a)(11) of the Investment Advisers Act of 1940 (whether or
not registered or qualified under that act); nor
    (c) Employed by a bank or other organization exempt from
registration under Federal and/or state securities laws to perform
functions that would require him/her to be so registered or qualified
if he/she were to perform such functions for an organization not so
exempt.
    7. ``Professional Subscriber'' means an authorized end-user of NYSE
Arca Data that has not qualified as a Nonprofessional Subscriber.
    8. ``UTP Plan'' means the ``Reporting Plan for Nasdaq/National
Market System Securities Traded on an Exchange on an Unlisted or Listed
Basis'' pursuant to which national securities exchanges disseminate
last sale prices of transactions in UTP Plan Securities in compliance
with Rule 601 under Regulation NMS. The UTP Plan can be found at http://www.utpdata.com
.

    9. ``UTP Plan Security'' means a security that is listed for
trading on the Nasdaq Stock Market, Inc. and (a) as to which unlisted
trading privileges have been granted pursuant to Section 12(f) of the
Exchange Act or which become eligible for such trading by order of the
Commission or (b) which is also listed on another national securities
exchange.
* * * * *

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange 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
    a. The Services. Through NYSE Arca, L.L.C. (``NYSE Arca''), the
equities trading facility of NYSE Arca Equities, the Exchange makes
ArcaBookSM, a compilation of all limit orders resident in
the NYSE Arca limit order book, available on a real-time basis.\3\ In
addition, the Exchange makes available real-time information relating
to transactions and limit orders in debt

securities that are traded through the Exchange's facilities.
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    \3\ The Exchange notes that it makes available to vendors the
best bids and offers that are included in ArcaBook data no earlier
than it makes those best bids and offers available to the processors
under the Consolidated Quotation System Plan (``CQ Plan'') and the
``Reporting Plan for Nasdaq/National Market System Securities Traded
on an Exchange on an Unlisted or Listed Basis'' (``UTP Plan'').
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    The Exchange makes ArcaBook and the bond trade and limit order
information (collectively, ``NYSE Arca Data'') available to market data
vendors, broker-dealers, private network providers and other entities
by means of data feeds. By making NYSE Arca Data available, ArcaBook
enhances market transparency and fosters competition among orders and
markets.
    b. Fees. The Exchange proposes to establish the Market Data Fee
Schedule to the proposed rule change for the receipt and use of NYSE
Arca Data. As the Market Data Fee Schedule details, the Exchange is
proposing to assess access fees and professional and nonprofessional
device fees, categories of fees that are consistent with the fees that
the New York Stock Exchange (``NYSE'') and the Nasdaq Stock Market
(``Nasdaq''), and the Participants in the Consolidated Tape Association
(``CTA''), CQ, UTP and Options Pricing Reporting Authority (``OPRA'')
Plans, charge for the receipt and use of their market data.
    i. Access Fees. The Exchange proposes to impose a monthly $750 fee
for a data recipient to gain direct access to the datafeeds through
which the Exchange makes NYSE Arca Data available. This fee would
entitle the datafeed recipient to gain access to NYSE Arca Data for a
set of up to four ``Logons.'' A ``Logon'' is activation of a means of
direct access to any of the NYSE Arca datafeeds. For instance, if a
datafeed recipient gains access to NYSE Arca Data one or more times
during a month using an Exchange-provided and approved logon that
provides access to the ArcaBook datafeed, that would constitute a
``Logon.'' If, during that month, the datafeed recipient uses a
different logon name that allows for access to a server that provides
access to the ArcaBook datafeed, that would constitute a second
``Logon.''
    The Exchange proposes to impose a monthly $750 fee for a data
recipient to gain indirect access to the datafeeds through which the
Exchange makes NYSE Arca Data available for any number of Logons.
``Indirect access'' refers to access to a NYSE Arca Datafeed indirectly
through one or more intermediaries, rather than by means of a direct
connection or linkage with the Exchange's facilities.
    ii. Device Fees. The Exchange proposes to establish device fees for
professional and nonprofessional subscribers for the display of
ArcaBook. In differentiating between professional and nonprofessional
subscribers, the Exchange proposes to apply the same criteria for
qualification as a nonprofessional subscriber as the CTA and CQ Plan
Participants use.
    a. For Professional Subscribers. For professional subscribers, the
Exchange is proposing to establish (i) a monthly fee of $15 per device
for the receipt of ArcaBook data relating to Exchange-Traded Funds and
those equity securities for which reporting is governed by the CTA Plan
(``CTA Plan and ETF Securities'') and (ii) a monthly fee of $15 per
device for the receipt of ArcaBook data relating to those equity
securities for which reporting is governed by the UTP Plan (excluding
Exchange-Traded Funds; ``UTP Plan Securities'').
    The combined monthly professional subscriber device fee of $30
(i.e., for receipt of Arca data relating to CTA Plan and ETF Securities
and to UTP Plan Securities) compares favorably with comparable fees
charged by other exchanges for similar services. For instance, for
professional subscribers, Nasdaq charges $76 for its combined TotalView
\4\ and OpenView \5\ products and NYSE charges $60 for NYSE
OpenBook.\6\
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    \4\ Through TotalView, Nasdaq provides information relating to
the displayed quotes and orders of Nasdaq participants in UTP Plan
Securities. TotalView displays quotes and orders at multiple prices
and is similar to ArcaBook.
    \5\ Through OpenView, Nasdaq provides information relating to
the displayed quotes and orders of Nasdaq participants in CTA Plan
Securities. OpenView displays quotes and orders at multiple prices
and is similar to ArcaBook.
    \6\ Through NYSE OpenBook, NYSE provides information relating to
limit orders.
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    b. For Nonprofessional subscribers. For nonprofessional
subscribers, the Exchange is proposing to reduce those monthly fees to
$5 per device for the receipt of ArcaBook data relating to CTA Plan and
ETF Securities and $5 per device for the receipt of ArcaBook data
relating to UTP Plan Securities (i.e., a combined fee of $10 for both
CTA Plan and ETF Securities and UTP Plan Securities).
    The Exchange proposes to limit for any one month the maximum amount
of device fees payable by any broker-dealers in respect of
nonprofessional subscribers that maintain brokerage accounts with the
broker-dealer. Professional subscribers may be included in the
calculation of the monthly maximum amount, so long as:
    (1) Nonprofessional subscribers comprise no less than 90 percent of
the pool of subscribers that are included in the calculation;
    (2) Each professional subscriber that is included in the
calculation is not affiliated with the broker-dealer or any of its
affiliates (either as an officer, partner or employee or otherwise);
and
    (3) Each such professional subscriber maintains a brokerage account
directly with the broker-dealer (that is, with the broker-dealer rather
than with a correspondent firm of the broker dealer).
    For 2006, the maximum amount for any calendar month shall equal
$20,000. For the months falling in a subsequent calendar year, the
maximum monthly payment shall increase (but not decrease) by the
percentage increase (if any) in the annual composite share volume \7\
for the calendar year preceding that subsequent calendar year, subject
to a maximum annual increase of five percent.\8\ For example, if the
annual composite share volume for calendar year 2006 increases by three
percent over the annual composite share volume for calendar year 2005,
then the monthly ``Maximum Amount'' for months falling in calendar year
2007 would increase by three percent to $20,600.
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    \7\ ``Composite share volume'' for a calendar year refers to the
aggregate number of shares in all securities that trade over NYSE
Arca facilities for that calendar year.
    \8\ This is the same annual increase calculation that the
Commission approved for the CTA Monthly Maximum. See Securities Act
Release No. 34-41977 (October 5, 1999) (File No. SR-CTA/CQ-99-01).
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    The Maximum Amount compares favorably with monthly maximums payable
to Nasdaq and to the CTA Plan Participants. Nasdaq set the maximum at
$25,000 per month for nonprofessional subscribers' receipt of
TotalView, though it does not apply to OpenView or to Level 1 or NQDS
services. The CTA Plan Participants currently set the maximum at
$630,000 per month for internal distribution within a broker-dealer's
organization and for the broker-dealer's distribution to
nonprofessional subscribers that maintain brokerage accounts (the ``CTA
Monthly Maximum'').
    The Exchange notes that these device fees are lower than the fees
that NYSE and Nasdaq charge for their limit order data services.
    The Exchange does not presently propose to impose device fees for
the display of limit order, quotation and last sale price information
relating to bonds that are traded through the Exchange's facilities.
The Exchange will not establish device fees for that information
without first filing with the Commission a proposed rule change on Form
19b-4 and receiving Commission approval.
    iii. Free Trial Period. As an incentive to prospective subscribers,
the Exchange proposes to offer subscribers the right to receive NYSE
Arca Data free of charge

for the duration of the billable month in which the subscriber first
gains access to the data. For example, if a subscriber (whether
professional or nonprofessional) is billed on a calendar-month basis
and first gains access to NYSE Arca Data on May 10, the device fees set
forth in the proposed rule change will not apply during that month of
May.
    iv. Justification of fees. NYSE Arca believes that the proposed
market data fees would reflect an equitable allocation of its overall
costs to users of its facilities. The Exchange believes that the fees
are fair and reasonable because they compare favorably to fees that
other markets charge for similar products.
    For instance, the combined monthly professional subscriber device
fee of $30 (i.e., for receipt of NYSE Arca data relating to CTA Plan
and ETF Securities and to UTP Plan Securities) compares favorably with
the $76 that Nasdaq charges professional subscribers for its combined
TotalView and OpenView products and the $60 that NYSE charges
professional subscribers for NYSE OpenBook.
    For nonprofessional subscribers, Nasdaq charges $14 per month for
its TotalView product and does not offer a nonprofessional subscriber
rate for OpenView. Similarly, NYSE does not offer a nonprofessional
subscriber rate for its OpenBook product. NYSE Arca proposes to charge
nonprofessional subscribers $10 per month for NYSE Arca data relating
to CTA Plan and ETF Securities and to UTP Plan Securities.
    For direct access, NYSE Arca proposes to charge $750 per month for
a set of up to four logons and, for indirect access, NYSE Arca proposes
to charge $750 per month for any number of logons. In contrast, NYSE
charges $5000 per month for direct or indirect access to OpenBook and
Nasdaq charges $2500 per month for access to TotalView and another
$2500 per month for access to the OpenView datafeed.
    c. Contracts. The Exchange will require each recipient of a
datafeed containing NYSE Arca Data to enter into the form of ``vendor''
agreement into which the CTA and CQ Plans require recipients of the
Network A datafeeds to enter. That agreement will authorize the
datafeed recipient to provide NYSE Arca Data services to its customers
or to distribute the data internally.
    In addition, the Exchange will require each professional end-user
that receives NYSE Arca Data displays from a vendor or broker-dealer to
enter into the form of professional subscriber agreement into which the
CTA and CQ Plans require end users of Network A data to enter and to
require vendors and broker-dealers to subject nonprofessional
subscribers to the same contract requirements as the CTA and CQ Plan
Participants require of Network A nonprofessional subscribers.
    The Network A Participants drafted the vendor and Network A
professional subscriber agreements as one-size-fits-all forms to
capture most categories of market data dissemination. They are
sufficiently generic to accommodate NYSE Arca Data. The Commission has
approved the vendor form and the professional subscriber form.\9\
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    \9\ See Securities Exchange Act Release Nos. 34-22851 (January
31, 1986), 51 FR 5135 (February 11, 1986); 34-28407 (September 6,
1990), 55 FR 37276 (September 10, 1990); and 34-49185 (February 4,
2004), 69 FR 6704 (February 11, 2004).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \10\ in general, and furthers the objectives of Section
6(b)(4) of the Act \11\ in particular, in that it provides for the
equitable allocation of reasonable fees, dues, and other charges among
Exchange participants, issuers and other persons using its facilities.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes that the proposed fee change will not impose
any burden on competition that is not necessary or appropriate in the
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

    The Exchange has not solicited, and does not intend to solicit,
comments regarding the proposed rule change. The Exchange has not
received any unsolicited written comments from Exchange participants or
other interested parties.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSEArca-2006-21 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2006-21. 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. 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 publicly available. All submissions should refer to
File Number SR-NYSEArca-2006-21 and should be submitted on or before
June 30, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 06-5300 Filed 6-7-06; 1:12 pm]

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[Federal Register: November 9, 2009 (Volume 74, Number 215)]
[Proposed Rules]
[Page 57623-57624]
[DOCID:fr09no09-21]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2009-0108]

Final Vehicle Safety Rulemaking and Research Priority Plan 2009-
2011

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Plan availability.

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SUMMARY: This document announces the availability of the Final Vehicle
Safety Rulemaking and Research Priority Plan 2009-2011 (Priority Plan)
in Docket No. NHTSA-2009-0108. The draft Priority Plan was announced in
a Request for Comment published in the Federal Register on July 1,
2009. This document also summarizes the public comments received in
response to that Request for Comments, and announces NHTSA's intent to
incorporate those comments in the process of developing a longer-term
motor vehicle safety strategic plan that would encompass the period
2010 to 2020, and will be announced in a separate Federal Register
notice.

FOR FURTHER INFORMATION CONTACT: Dr. Joseph Carra, Director of
Strategic Planning and Integration, National Highway Traffic Safety
Administration, Room W48-318, 1200 New Jersey Avenue, SE., Washington,
DC 20590. Telephone:<PHONE_NUMBER>. E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On July 1, 2009, NHTSA published a Request
for Comments (RFC) in the Federal Register (74 FR 31387) seeking public
comment on the NHTSA Vehicle Safety Rulemaking and Research Priority
Plan 2009-2011 (Priority Plan).
    NHTSA received 29 comments on the July 2009 RFC, from vehicle
manufacturers (Ford; Fuji Heavy Industries USA (Subaru)), parts
suppliers (Delphi; Bendix), industry organizations and associations
(Alliance of Automobile Manufacturers (Alliance); American Trucking
Association (ATA); Heavy Duty Brake Manufacturers Association),
automobile safety advocates (Advocates for Highway and Auto Safety
(Advocates); Safe Kids USA; SafetyBeltSafe USA; Automotive Occupant
Restraints Council (AORC), and concerned organizations and individuals
(The Center for Injury Research and Prevention at the Children's
Hospital of Philadelphia (CHOP); Safe Ride News; John Walsh; William M.
Gorman; Karen Ahmed). All of the comments on the NHTSA Vehicle Safety
Rulemaking and Research Priority Plan 2009-2011 can be reviewed in
http://www.regulations.gov (see Docket No. NHTSA-2009-0108).
    Most commenters expressed general support of the Priority Plan,
with several commenters commending NHTSA for publishing the RFC and
allowing public comment. Two commenters noted that periodic publication
of the Priority Plan, along with status updates, is good public policy
and that it would help them align their own research plans. Commenters
generally agreed with the priority areas NHTSA identified in the plan.
Several of them suggested some additional projects that the Agency
should consider within the areas of child safety, crash avoidance and
crash mitigation technologies, drowsy, distracted and impaired drivers,
and heavy truck stability control.
    Several commenters suggested that it would be helpful if the plan
more clearly explained how short-term priorities fit into NHTSA's
overall mission to reduce fatalities and injuries in automobile
crashes, and requested opportunities to meet to further discuss
research plans and intermediate milestones. One commenter applauded the
plan for being aggressive on behalf of highway safety. One commenter
felt that the Priority Plan had serious deficiencies in that, in their
view, it did not adequately address very specific areas including
motorcoaches and related NTSB recommendations, crash compatibility
regulatory action, older occupant protection, ejection mitigation
regulatory action, glazing performance standards, consumer tire ratings
beyond consumer information, remanufactured heavy vehicle truck tires,
and motorcycle initiatives. That commenter suggested that these
perceived deficiencies be corrected in the long-term plan. One
commenter expressed concern that the Agency may not be adequately
funded to achieve the goals delineated in the Priority Plan. Finally,
several commenters discussed ways to improve crash datasets and to
leverage existing SAE standards.
    NHTSA appreciates the public response to the July 2009 RFC
regarding the short-term Priority Plan, and looks forward to continuing
to engage stakeholders in the planning and formulation of priority
research and rulemaking activities in order to further its mission of
reducing fatalities and injuries in crashes on the nation's roadways.
In considering the breadth and strategic nature of the comments
received, the Agency has determined that communication of how the
Priority

Plan fits within the over-arching framework of its program goals is
best accomplished by publication of an already-in-process integrated 10
Year Vehicle Safety Strategic Plan (Strategic Plan) that covers both
the short-term and long-term priorities of the Agency. Such a Strategic
Plan will allow the Agency to communicate its programs and priorities
in a longer range strategic context and will serve the interests of the
public in understanding and responding to the Agency's goals.
Therefore, NHTSA will be considering the comments received in response
to the July 2009 RFC in deliberations for developing a Strategic Plan
that will cover the time period 2010 through 2020.
    For purposes of apprising the public on the status of progress
relative to the efforts delineated in the short-term Priority Plan,
NHTSA is publishing to the docket referenced above, in conjunction with
this Notice, a final version of the Priority Plan which includes
updates since it was published in July 2009. Specifically, this final
version of the Priority Plan includes updates in the areas of
background data analysis, motorcycle braking, New Car Assessment
Program Vehicle-Child Restraint System (CRS) fit program, ejection
mitigation, power windows, brake transmission shift interlock, child
restraints in side impacts, rear visibility of vehicles, fuel economy,
consumer tire rating program, motorcycle helmet labeling,
compatibility, pedestrian safety, and heavy truck stopping distance.
Added to the final plan is a project to finalize a driver distraction
plan under the high-priority section ``Light-Vehicle Crash Avoidance
and Mitigation--Advanced Technologies.''
    Interested persons may obtain a copy of the plan, ``Final Vehicle
Safety Rulemaking and Research Priority Plan 2009-2011,'' by
downloading a copy of the document. To download a copy of the document,
go to http://www.regulations.gov and follow the online instructions, or
visit Docket Management Facility at the street address listed above
under ADDRESSES and reference Docket No. NHTSA-2009-0108.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://www.dot.gov/
privacy.html.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and follow the
online instructions, or visit Docket Management Facility at the street
address listed above.

    Authority: 49 U.S.C. 30111, 30117, 30168; delegation of
authority at 49 CFR 1.50 and 501.8.

    Issued on: November 4, 2009.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. E9-26932 Filed 11-6-09; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30060-30061]
[FR Doc No: E9-14792]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR09-12-000]

BP West Coast Products LLC, Complainant v. SFPP, L.P. Respondent;
Notice of Complaint

June 17, 2009.
    Take notice that on June 15, 2009, BP West Coast Products LLC
(``BP'') filed a formal complaint against SFPP, L.P. (``SFPP'')
pursuant to sections 1(5), 8, 9, 13, 15, and 16 of the Interstate
Commerce Act, 49 U.S.C. App. 1(5), 8, 9, 13, 15, and 16 (1988), section
1803 of the Energy Policy Act of 1992, and section 343.2 and Rule 206
of the Commission's Regulations, 18 CFR 343.2 and 385.206, seeking an
audit of SFPP's 2007 and 2008 FERC Form 6 in connection with SFPP's
2009 index rate increases to become effective July 1, 2009. BP requests
that the Commission review and audit the underlying components of Page
700 of SFPP's FERC Forms 6 for 2007 and 2008.
    BP certifies that copies of the complaint were served on both
counsel for SFPP and the contacts for SFPP listed on the Commission's
list of Corporate Officials.
    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. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    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 14 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 6, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-14792 Filed 6-23-09; 8:45 am]
BILLING CODE 6717-01-P