[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Pages 59769-59772]
[FR Doc No: 2015-25012]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF15-28-000]

National Grid LNG, LLC: Notice of Intent To Prepare an
Environmental Document for the Planned Fields Point Liquefaction
Project, Request for Comments on Environmental Issues, and Notice of
Public Scoping Meeting

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document that will discuss
the environmental impacts of the Fields Point Liquefaction Project
involving construction and operation of facilities by National Grid
LNG, LLC (NGLNG) in Providence, Rhode Island. The Commission will use
this environmental document in its decision-making process to determine
whether the project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. You can make a difference by providing us with
your specific comments or concerns about the project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
Your input will help the Commission staff determine what issues they
need to evaluate in the environmental document. To ensure that your
comments are timely and properly recorded, please send your comments so
that the Commission receives them in Washington, DC on or before
October 26, 2015.

    If you sent comments on this project to the Commission before the
opening of this docket on June 22, 2015, you will need to file those
comments in Docket No. PF15-28-000 to ensure they are considered as
part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this planned
project and encourage them to comment on their areas of concern.
    The following libraries will be provided copies of this notice in
English and Spanish:\1\
---------------------------------------------------------------------------

    \1\ Para los lectores de espa[ntilde]ol, por favor refieran a la
traducci[oacute]n en espa[ntilde]ol presentada
simult[aacute]neamente en el expediente de la FERC con esta
convocatoria. El expediente de la FERC se encuentra disponible en el
sitio web de la FERC (www.ferc.gov) utilizando el enlace a
trav[eacute]s de la biblioteca electr[oacute]nica, al hacer clic en
``General Search'', e introducir el n[uacute]mero de expediente
excluyendo los [uacute]ltimos tres d[iacute]gitos en el campo
N[uacute]mero de expediente (es decir, PF15-28). Aseg[uacute]rese de
que ha seleccionado un intervalo de fechas adecuado. Adem[aacute]s
NGLNG puede publicar versiones en espa[ntilde]ol de esta
convocatoria en sitios web de noticias en espa[ntilde]ol en el
[aacute]rea de Providencia.

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

------------------------------------------------------------------------
Providence Community Library:            Providence Community Library:,
 Washington Park, 1316 Broad Street,      Knight Memorial, 275 Elmwood
 Providence, RI 02905,<PHONE_NUMBER>.      Avenue, Providence, RI 02907,
<PHONE_NUMBER>.
Cranston Public Library:, William Hall   Providence Community Library:,
 Library, 1825 Broad Street, Cranston,    South Providence, 441 Prairie
 RI 02905,<PHONE_NUMBER>.                  Avenue, Providence, RI 02905,
<PHONE_NUMBER>.
East Providence Library Branch, 475      Providence Public Library,
 Bullocks Pt. Avenue, Riverside, RI       Reference Department, 150
 02915,<PHONE_NUMBER>.                     Empire Street, Providence, RI
                                          02903,<PHONE_NUMBER>.
Cranston Public Library:, Auburn         Providence Community Library:,
 Branch, 396 Pontiac Avenue, Cranston,    Fox Point, 90 Ives Street,
 RI 02910,<PHONE_NUMBER>.                  Providence, RI 02906, 401-331-
                                          0390.
Cranston Public Library:, Arlington      East Providence Public Library:
 Branch, 1069 Cranston Street,            Weaver, 41 Grove Avenue, East
 Cranston, RI 02920,<PHONE_NUMBER>.        Providence, RI 02914, 401-434-
                                          2453.
------------------------------------------------------------------------

Public Participation

    For your convenience, there are four methods you can use to submit
your comments to the Commission. The Commission will provide equal
consideration to all comments received, whether filed in written form
or provided verbally during a FERC scoping meeting. The Commission
encourages electronic filing of comments and has expert staff available
to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>Please carefully
follow these instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' If you are filing a comment on a particular project,
please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(PF15-28-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.
    (4) In lieu of sending written or electronic comments, the
Commission invites you to attend the public scoping meeting its staff
will conduct in the project area, scheduled as follows: FERC Public
Scoping Meeting, Fields Point Liquefaction Project, October 8, 2015,
6:30 p.m., Juanita Sanchez Educational Complex at the Providence
Academy of International Studies High School, 182 Thurbers Avenue,
Providence, RI.
    We will begin our sign up of speakers at 6 p.m. The scoping meeting
will begin at 6:30 p.m. with a description of our environmental review
process by Commission staff, after which speakers will be called. The
meeting will end once all speakers have provided their comments or at
10:30 p.m., whichever comes first. Please note that there may be a time
limit of three minutes to present comments, and speakers should
structure their comments accordingly.
    If time limits are implemented, they will be strictly enforced to
ensure that as many individuals as possible are given an opportunity to
comment. The meetings will be recorded by a court reporter to ensure
comments are accurately recorded. Transcripts will be entered into the
formal record of the Commission proceeding.
    Please note this is not your only public input opportunity; please
refer to the review process flow chart in Appendix 1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
---------------------------------------------------------------------------

Summary of the Planned Project

    NGLNG plans to add liquefaction capability at the existing
liquefied natural gas (LNG) storage facility located at Fields Point in
Providence, Rhode Island. The Project would include one new 20 million
standard cubic feet per day gas pretreatment and liquefaction system to
convert natural gas into LNG by cooling it to -260 [deg]F.
    The storage operation at Fields Point has been in existence for
approximately 40 years and does not include any liquefaction equipment.
The natural gas delivered to the facility via the existing pipeline
would be pre-treated, liquefied, and conveyed to the existing storage
tank.
    A figure showing the general location of the existing and proposed
facilities is shown in Appendix 2. If approved, NGLNG plans to begin
construction of the Project in late 2016.

Land Requirements for Construction

    The existing facility is in an industrial area along the Providence
River at 121 Terminal Road. The total land proposed to be disturbed for
construction of this project is reported to be approximately 8.91
acres. The liquefaction system would occupy approximately 1.85 acres
within the existing facility's footprint.

The Environmental Document Preparation Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\3\ to discover and address concerns the public may have about
proposals. This

process is referred to as scoping. The main goal of the scoping process
is to focus the analysis in the environmental document on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the environmental
document. We will consider all filed comments during the preparation of
the environmental document.
---------------------------------------------------------------------------

    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the environmental document, we will discuss impacts that could
occur as a result of the construction and operation of the planned
project under these general headings:
     Geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     socioeconomics;
     endangered and threatened species;
     public safety; and
     cumulative impacts.
    We will also evaluate possible alternatives to the planned project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
the FERC receives an application. As part of our pre-filing review, we
have begun to contact some federal and state agencies to discuss their
involvement in the scoping process and the preparation of the
environmental document.
    The environmental document will present our independent analysis of
the issues. The environmental document will be available in the public
record through eLibrary. Depending on the comments received during the
scoping process, we may also publish and distribute the environmental
document to the public for an allotted comment period. If the document
is published and distributed to the public, we will consider all timely
comments on the environmental document before we make our
recommendations to the Commission. To ensure we have the opportunity to
consider and address your comments, please carefully follow the
instructions in the Public Participation section, beginning on page 2.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues
related to this project to formally cooperate with us in the
preparation of the environmental document.\4\ Agencies that would like
to request cooperating agency status should follow the instructions for
filing comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for Section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office(s), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\5\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO(s) as the project
develops. On natural gas facility projects, the APE at a minimum
encompasses all areas subject to ground disturbance (examples include
construction staging areas, access roads, and the footprint of the
planned liquefaction facility). Our environmental document for this
project will document our findings on the impacts on historic
properties and summarize the status of consultations under Section 106.
---------------------------------------------------------------------------

    \5\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
planned project.
    If we publish and distribute the environmental document, copies of
it will be sent to the environmental mailing list for public review and
comment. If you would prefer to receive a paper copy of the document
instead of the CD version or would like to remove your name from the
mailing list, please return the attached Information Request (Appendix
3).

Becoming an Intervenor

    Once NGLNG files its application with the Commission, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Motions to intervene are more fully described at
http://www.ferc.gov/resources/guides/how-to/intervene.asp. Instructions
for becoming an intervenor are in the ``Document-less Intervention
Guide'' under the ``e-filing'' link on the Commission's Web site.
Please note that the Commission will not accept requests for intervenor
status at this time. You must wait until the Commission receives a
formal application for the project.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., PF15-
28). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

     Dated: September 25, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-25012 Filed 10-1-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Proposed Rules]
[Pages 75111-75113]
[FR Doc No: 2014-29575]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2014-0702; FRL-9919-93]
RIN 2070-AB27

Proposed Revocation of Significant New Uses of Metal Salts of
Complex Inorganic Acids

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to revoke the significant new use rule (SNUR)
promulgated under section 5(a)(2) of the Toxic Substances Control Act
(TSCA) for two chemical substances which were identified generically as
metal salts of complex inorganic oxyacids which were the subject of
premanufacture notices (PMNs) P-89-576 and P-89-577. EPA issued a SNUR
based on a TSCA section 5(e) consent order designating certain
activities as significant new uses. EPA has received test data for the
chemical substances and is proposing to revoke the SNUR.

DATES: Comments must be received on or before January 16, 2015.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2014-0702, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim
Alwood, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8974; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture
(including import), process, or use the chemical substances contained
in this proposed rule. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
document applies to them. Potentially affected entities may include:
     Manufacturers or processors of the chemical substances
(NAICS codes 325 and 324110), e.g., chemical manufacturing and
petroleum refineries.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127
and 19 CFR 127.28. Chemical importers must certify that the shipment of
the chemical substance complies with all applicable rules and orders
under TSCA. Importers of chemicals subject to a SNUR must certify their
compliance with the SNUR requirements. The EPA policy in support of
import certification appears at 40 CFR part 707, subpart B. Importers
of the chemical, the subject of this action, would no longer be
required to certify compliance with the SNUR requirements if the
revocation becomes effective. In addition, if this proposed SNUR
revocation becomes effective, persons who export or intend to export

the chemical that is the subject of this action would no longer be
subject to the TSCA section 12(b)(15 U.S.C. 2611(b) export notification
requirements at 40 CFR part 707, that are currently triggered by the
SNUR.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. What action is the agency taking?

    In the Federal Register of August 15, 1990 (55 FR 33305) (FRL-3741-
8), EPA promulgated a SNUR at 40 CFR 721.4680 for the chemical
substances identified generically as metal salts of complex inorganic
oxyacids (PMNs P-89-576 and P-89-577). That SNUR designated certain
activities as significant new uses based on a TSCA section 5(e) consent
order for the PMNs that was issued under TSCA sections 5(e)(1)(A)(i),
and 5(e)(1)(A)(ii)(II) based on a finding that the chemical substances
may be produced in substantial quantities and there may be significant
(or substantial) human exposure to the chemical substances. EPA has
received human health testing for the chemical substances and, based on
its review of these data, EPA now proposes to revoke the SNUR pursuant
to Sec.  721.185. In this unit, EPA provides a brief description of
these chemical substances, including the PMN numbers, generic chemical
names, the Federal Register publication date and citation, the docket
ID number, the basis for revoking the SNUR under Sec.  721.185, and the
CFR citation of the SNUR.
PMN Numbers P-89-576 and P-89-577
    Chemical name: Metal salts of complex inorganic oxyacids (generic).
    CAS number: Not available.
    Federal Register publication date and citation: August 15, 1990 (55
FR 33305).Basis for revocation of SNUR: EPA issued a SNUR for these
chemical substances that designated certain activities as significant
new uses based on a TSCA section 5(e) consent order for the PMNs that
was issued under TSCA sections 5(e)(1)(A)(i), and 5(e)(1)(A)(ii)(II)
based on a finding that the chemical substances may be produced in
substantial quantities and there may be significant (or substantial)
human exposure to the chemical substances. The SNUR required
notification before exceeding the production volume limit in the TSCA
section 5(e) consent order. Subsequently, a manufacturer of the
chemical substances petitioned EPA to revoke the SNUR based on the
results of the submitted acute dermal study and a 28-day oral toxicity
study, for P-89-576 which demonstrated no adverse health effects. Based
on the results of the testing, EPA determined that both substances have
inherently low toxicity. Therefore, EPA finds that for activities
involving the chemical substances that have been designated as
significant new uses pending the completion of testing, adequate test
data developed in accordance with applicable procedures and criteria
have been submitted to EPA. Therefore, EPA proposes that the SNUR for
these chemical substances be revoked pursuant to Sec.  721.185(a)(6).
    CFR citation: 40 CFR 721.4680

B. What is the agency's authority for taking this action?

    Upon conclusion of the review for P-89-576 and P-89-577 in 1990,
EPA designated certain activities as significant new uses based on a
TSCA section 5(e) consent order for the PMNs that was issued under TSCA
sections 5(e)(1)(A)(i), and 5(e)(1)(A)(ii)(II) based on a finding that
the chemical substances may be produced in substantial quantities and
there may be significant (or substantial) human exposure to the
chemical substances. Under Sec.  721.185, EPA may at any time revoke a
SNUR for a chemical substance which has been added to subpart E of 40
CFR part 721 if EPA makes one of the determinations set forth in Sec.
721.185(a)(1) through (6). Revocation may occur on EPA's initiative or
in response to a written request. Under Sec.  721.185(b)(3), if EPA
concludes that a SNUR should be revoked, the Agency will propose the
changes in the Federal Register, briefly describe the grounds for the
action, and provide interested parties an opportunity to comment.
    EPA has determined that the criteria set forth in Sec.
721.185(a)(6) have been satisfied for the chemical substances;
therefore, EPA is proposing to revoke the SNUR for these chemical
substances. The significant new use notification and the recordkeeping
requirements at 40 CFR 721.4680 would terminate if and when this
proposed revocation becomes effective. In addition, export notification
under TSCA section 12(b) and 40 CFR part 707, subpart D, triggered by
the SNUR would no longer be required.

III. Statutory and Executive Order Reviews

    This proposed rule would revoke or eliminate an existing regulatory
requirement and does not contain any new or amended requirements. As
such, the Agency has determined that this proposed SNUR revocation
would not have any adverse impacts, economic or otherwise.
    The Office of Management and Budget (OMB) has exempted these types
of regulatory actions from review under Executive Order 12866, entitled
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993). This
action does not contain any information collections subject to approval
under the Paperwork Reduction Act (PRA), (44 U.S.C.3501 et seq.). Since
this action eliminates a reporting requirement, the Agency certifies
pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5
U.S.C.601 et seq.), that this SNUR revocation would not have a
significant economic impact on a substantial number of small entities.
    For the same reasons, this action does not require any action under
Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et
seq.) (Pub.L. 104-4). This action has neither Federalism implications,
because it would not have substantial direct effects on 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 entitled
``Federalism'' (64 FR 43255, August 10, 1999), nor Tribal implications,
because it would not have substantial direct effects 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 in
Executive Order 13175 entitled ``Consultation and Coordination

with Indian Tribal Governments'' (65 FR 67249, November 9, 2000).
    This action is not subject to Executive Order 13045 entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because this is not an
economically significant regulatory action as defined under Executive
Order 12866, and it does not address environmental health or safety
risks disproportionately affecting children. This action is not subject
to Executive Order 1311, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because this action is not expected to affect
energy supply, distribution, or use. Because this action does not
involve any technical standards, section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA), section 12(d)
(15 U.S.C. 272 note), does not apply to this action. This action does
not involve special considerations of environmental justice related
issues as required by Executive Order 12898 entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: December 11, 2014.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
    Therefore, it is proposed that 40 CFR part 721 be amended as
follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

Sec.  721.4680  [Removed]

0
2. Remove Sec.  721.4680.

[FR Doc. 2014-29575 Filed 12-16-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 22, 2008 (Volume 73, Number 14)]
[Notices]
[Page 3794-3795]
[DOCID:fr22ja08-117]

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

DEPARTMENT OF TRANSPORATION

Federal Aviation Administration

FAA Approval of Noise Compatibility Program 14 CFR Part 150
Ronald Reagan Washington National Airport Arlington, VA

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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

SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by Metropolitan
Washington Airport Authority (MWAA) under the provisions of 49 U.S.C.
(the Aviation Safety and Noise Abatement Act, hereinafter referred to
as ``the Act'') and 14 CFR part 150. These findings are made in
recognition of the description of Federal and nonfederal
responsibilities in Senate Report No. 96-52 (1980). On August 6, 2007,
the FAA determined that the noise exposure maps submitted by MWAA under
Part 150 were in compliance with applicable requirements. On January
10, 2008, the FAA approved the Ronald Reagan Washington National
Airport noise compatibility program. Some of the recommendations of the
program were approved.

DATES: Effective Date: The effective date of the FAA's approval of the
Ronald Reagan Washington National Airport noise compatibility program
is January 10, 2008.

FOR FURTHER INFORMATION CONTACT: Jennifer Mendelsohn, Eastern Region,
Washington Airports District Office, Federal Aviation Administration,
23723 Air Freight Lane, Suite 210, Dulles, Virginia 20166, Telephone:
703-661-1362. Documents reflecting this FAA action may be reviewed at
this same location.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the noise compatibility program for Ronald
Reagan Washington National Airport, effective January 10, 2008.
    Under section 47504 of the Act, an airport operator who has
previously submitted a noise exposure map may submit to the FAA a noise
compatibility program which sets forth the measures taken or proposed
by the airport operator for the reduction of existing non-compatible
land uses and prevention of additional non-compatible land uses within
the area covered by the noise exposure maps. The Act requires such
programs to be developed in consultation with interested and affected
parties including local communities, government agencies, airport
users, and FAA personnel.
    Each airport noise compatibility program developed in accordance
with Federal Aviation Regulations (FAR) Part 150 is a local program,
not a Federal program. The FAA does not substitute its judgment for
that of the airport proprietor with respect to which measures should be
recommended for action. The FAA's approval or disapproval of FAR Part
150 program recommendations is measured according to the standards
expressed in Part 150 and the Act and is limited to the following
determinations:
    (a) The noise compatibility program was developed in accordance
with the provisions and procedures of FAR Part 150;
    (b) Program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
    (c) Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas preempted by the Federal Government; and
    (d) Program measures relating to the use of flight procedures can
be implemented within the period covered by the program without
derogating safety, adversely affecting the efficient use and management
of the navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator
prescribed by law.
    Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in FAR part 150, section
150.5. Approval is not a determination concerning the acceptability of
land uses under Federal, state, or local law. Approval does not by
itself constitute an FAA implementing action. A request for Federal
action or

approval to implement specific noise compatibility measures may be
required, and an FAA decision on the request may require an
environmental assessment of the proposed action. Approval does not
constitute a commitment by the FAA to financially assist in the
implementation of the program nor a determination that all measures
covered by the program are eligible for grant-in-aid funding from the
FAA. Where federal funding is sought, requests for project grants must
be submitted to the FAA Airports District Office in Dulles, Virginia.
    MWAA submitted to the FAA on August 2, 2007, the noise exposure
maps, descriptions, and other documentation produced during the noise
compatibility planning study conducted from July 2002 through August
2007. The Ronald Regan Washington National Airport noise exposure maps
were determined by FAA to be in compliance with applicable requirements
on August 6, 2007. Notice of this determination was published in the
Federal Register on August 13, 2007 (72 FR 45294).
    The Ronald Regan Washington National Airport study contains a
proposed noise compatibility program comprised of actions designed for
phased implementation by airport management and adjacent jurisdictions
from August 2007 to (or beyond) the year 2009. It was requested that
the FAA evaluate and approve this material as a noise compatibility
program as described in section 47504 of the Act. The FAA began its
review of the program on August 6, 2007 and was required by a provision
of the Act to approve or disapprove the program within 180 days.
Failure to approve or disapprove such program within the 180-day period
shall be deemed to be an approval of such program.
    The submitted program contained fourteen (14) proposed actions for
noise mitigation on and off the airport. The FAA completed its review
and determined that the procedural and substantive requirements of the
Act and FAR part 150 have been satisfied. The overall program,
therefore, was approved by the FAA effective January 10, 2008.
    Outright approval was granted for four Noise Abatement Measures and
all six Noise Mitigation Measures. Four Noise Abatement Measures were
disapproved for purposes of part 150. The approved measures included
such items as: Revising the language in the Airport Facility Directory
to reflect the current novice abatement procedures at the Airport;
Requesting a voluntary phase-out of hushkitted Stage 3 aircraft;
Establishing a system to report airline compliance with noise abatement
measures; Enhance the noise complaint system; Amend comprehensive plans
and zoning maps to promote compatible land uses; Encourage Airport
noise overlay zoning; Amend building codes to require soundproofing;
Disclose noise levels prior to contract for sale or lease; Expand
Airport Noise Information Program and Encourage local jurisdictions to
adopt discretionary project review guidelines for Subdivision,
Rezoning, Special Use, Conditional Use and Variance Applications. Four
Noise Abatement Measures were disapproved for purposes of part 150. The
Noise Exposure Maps and Noise Compatibility Study show no present or
forecasted incompatible land uses within the DNL 65 dB and the Noise
Compatibility Study does not state that the airport sponsor has
selected land use guidelines different from those in Table 1 of part
150. Disapproval for purposes of part 150 does not prohibit the airport
sponsor from implementing those measures. The disapproved measures
included such items as: Form a working group to develop advanced
navigation procedures for arrivals and departures on all runways;
Encourage air traffic control controllers to direct flights arriving on
Runway 01 or departing on Runway 19 during nighttime hours (10 p.m. to
7 a.m.) when traffic permits, to distribute the locations at which
aircraft turn onto, or off of, the route along the center of the
Potomac River over the areas between 5 and 10 miles south of the
Airport; Encourage air traffic control controllers to direct flights
arriving on Runway 01 or departing on Runway 19 during daytime hours (7
a.m. to 10 p.m.) when traffic permits, to distribute the locations at
which aircraft turn into, or off of, the route along the center of the
Potomac River over the areas between 5 and 10 miles south of the
Airport and Update the Airport's Noise Monitoring and Flight Tracking
System.
    These determinations are set forth in detail in the Record of
Approval signed by the Division Manager on January 10, 2008. The Record
of Approval, as well as other evaluation materials and the documents
comprising the submittal, are available for review at the FAA office
listed above and at the administrative offices of the MWAA. The Record
of Approval also will be available on-line at: http://www.faa.gov/airports_airtraffic/airports/environmental/airport_noise/
.

    Issued in Dulles, Virginia, on January 11, 2008.
Terry J. Page,
Manager, Washington Airports District Office.
[FR Doc. 08-209 Filed 1-18-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: April 24, 2007 (Volume 72, Number 78)]
[Notices]
[Page 20396-20399]
[DOCID:fr24ap07-114]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55641; File No. SR-NYSE-2007-39]

Self-Regulatory Organizations; New York Stock Exchange LLC, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change,
as Modified by Amendment No. 1 Thereto, Relating to Rule 103B
(Specialist Stock Allocation)

April 17, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 13, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been substantially prepared by
the Exchange. On April 17, 2007, the NYSE submitted Amendment No. 1 to
the proposed rule change.\3\ The Exchange has designated the proposed
rule change as ``non-controversial'' under Section 19(b)(3)(A)(iii) \4\
of the Act and Rule 19b-4(f)(6) thereunder,\5\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 makes clarifications to the purpose section
of the proposed rule change and typographical corrections to the
rule text.
    \4\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \5\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 103B (Specialist Stock
Allocation) to permit a listing company transferring from NYSE Arca,
Inc. (``NYSE ArcaSM'' or ``NYSE Arca'') to waive the
allocation process set forth in Exchange Rule 103B when the listing
company was assigned a Lead Market Maker firm (``LMM firm''), which is
also a registered specialist firm on the NYSE, and selects as its
specialist firm on the NYSE that same NYSE Arca LMM firm. The proposed
rule further provides for additional input from the listing company in
the selection of its specialist firm should it choose to refer the
matter to the Allocation Committee. Below is the text of the proposed
rule change. Proposed new language is in italics.

Rule 103B Specialist Stock Allocation
* * * * *
IX. PROVISIONS FOR ALLOCATION OF SECURITIES ISSUED BY NYSE EURONEXT OR
ITS AFFILIATES
* * * * *

X. Provisions For Allocation of Listing Companies Transferring From
NYSE Arca, Inc. (``NYSE ArcaSM'') to the NYSE

    (a) If a listing company transferring from NYSE ArcaSM to the NYSE
was assigned a NYSE Arca Lead Market Maker firm (``LMM firm''), which
is also a registered specialist firm on the NYSE, then the listing
company may waive the allocation process described above and select as
its registered specialist firm the same firm that was previously
assigned as the NYSE ArcaSM LMM firm. Alternatively, the listing
company can choose to follow the regular allocation process and refer
the matter to the Allocation Committee. If the listing company refers
the matter to the Allocation committee, all specialist firms are
invited to apply for such assignment.
    (b) If the listing company chooses to have its specialist firm
selected by the Allocation Committee, and requests not to be allocated
to the specialist firm that was its NYSE ArcaSM LMM firm the Allocation
Committee shall honor this request.
    (c) If the listing company chooses to select its specialist firm
from among a group of firms selected by the Allocation Committee, the
Allocation Committee shall honor the listing company's request to
include or exclude from the group the specialist firm that was its NYSE
ArcaSM LMM firm.

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. NYSE has substantially 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 Exchange proposes to amend Exchange Rule 103B to permit a
listing company transferring from NYSE Arca to the NYSE to waive the
allocation process (``Allocation Process'') when the listing company
was assigned a NYSE Arca LMM firm which is also a registered specialist
firm on the NYSE. Additionally, the proposed rule further provides for
additional input from said listing company in the selection of their
specialist firm should they choose to refer the matter to the
Allocation Committee.

Current Allocation Policy

    In accordance with existing Rule 103B, a listing company may obtain
assignment of a specialist firm in the following ways: (1) The listing
company may choose to have its specialist firm selected by the
Allocation Committee which must exercise its expert professional
judgment when making such a selection; or (2) the listing company may
request the Allocation Committee to select a group of appropriate
specialist firms to be interviewed by the listing company and the
listing company then makes the final selection of the specialist firm
from the group of specialist firms selected by the Allocation Committee
pursuant to the provisions of Rule 103B.

Proposal To Waive the Allocation Process

    NYSE Arca, an affiliate of the NYSE, provides its listed companies
with the opportunity to have a NYSE Arca LMM firm \6\ assigned to its
primary listed equities. The LMM firm is the ``exclusive Designated
Market Maker'' in such equity on NYSE Arca. The NYSE Arca LMM firm may
also be a registered specialist firm on the NYSE.
---------------------------------------------------------------------------

    \6\ A registered ``LMM firm'' is a firm that is registered with
NYSE Arca and employs individuals that are registered LMMs pursuant
to NYSE Arca Equities Rule 7.
---------------------------------------------------------------------------

    The Exchange seeks to amend Rule 103B to allow a listing company
that transfers from NYSE Arca to the NYSE to waive the Allocation
Process in instances where the listing company's equity was assigned to
a NYSE Arca LMM firm that is also a registered specialist firm on the
NYSE and the listing company wishes to have as their registered
specialist firm the same NYSE Arca LMM firm.\7\
---------------------------------------------------------------------------

    \7\ A security may be listed on a national securities exchange
upon effectiveness of a registration statement on Form 8-A of the
listing company in relation to the listing and registration of the
security on that exchange pursuant to Section 12(b) of the Act. The
Act does not prohibit companies from having multiple effective Form
8-As in relation to contemporaneous listings of a class of
securities on different exchanges. When a company chooses to delist
from a national securities exchange and transfer its listing to
another exchange, it must do so by filing a Form 25 as required by
Rule 12d2-2(c) under the Act. Rule 12d2-2(c) requires a company to
give at least 10 days notice to the exchange from which it is
delisting of its intention to file a Form 25 and to give
contemporaneous public notice of that intent. In the absence of
Commission action, the Form 25 becomes effective 10 days after its
filing. SEC rules do not require companies to wait until the
effectiveness of the Form 25 before commencing trading on a new
exchange. However, the Exchange states that while SEC rules do not
expressly prohibit the commencement of trading on the new market
prior to filing of the Form 25, the general practice is for
companies transferring their listing to wait to commence trading on
the new market until immediately after filing of the Form 25.
Generally, the market from which the company is transferring will
suspend trading in the security on the first trading day after
filing of the Form 25, so that for practical purposes the company
will only have one trading market as of that date, although there
will be two effective Form 8-As for the 10-day period prior to the
effectiveness of the Form 25. The NYSE and NYSE Arca intend to
follow the practice described in this paragraph in connection with
companies transferring their listing from NYSE Arca to the NYSE.
Upon filing of the Form 25 in relation to the delisting from NYSE
Arca and the effectiveness of the Form 8-A in relation to the NYSE
listing, the NYSE will commence trading in the securities and NYSE
Arca will suspend trading on the same day.
---------------------------------------------------------------------------

    Alternatively, the proposed rule would permit the listing company
that transfers from NYSE Arca to the NYSE to choose to follow the
regular Allocation Process set forth in Exchange Rule 103B and refer
the matter to the Allocation Committee. If the listing company chooses
to refer the matter to the Allocation Committee, all specialist firms
would be invited to apply for such assignment.
    The proposed rule would also provide that if the listing company
chooses to have its specialist firm selected by the Allocation
Committee, and requests not to be allocated to the specialist firm that
was its NYSE Arca LMM firm, the Allocation Committee shall honor this
request.
    Additionally, the proposed rule provides that if the listing
company chooses to select its specialist firm from among a group of
firms selected by the Allocation Committee, the Allocation Committee
shall honor the listing company's request to include or exclude from
the group the specialist firm that was its NYSE Arca LMM firm.
    The Exchange notes that the proposed rule would apply to the
registered LMM ``firm'' and specialist ``firm'' and not the individual
employee acting on behalf of the LMM firm or specialist firm in such
capacity.

    The proposed rule change would be similar to the procedure for
spin-offs and related companies pursuant to Rule 103B.\8\ Specifically,
pursuant to Rule 103B, if a listing company is a spin-off or company
related to a listed company, the listing company may select the
specialist firm registered in the related company as its specialist
without going through the Allocation Process. Alternatively, it may opt
to select another specialist by participating in the regular Allocation
Process.
---------------------------------------------------------------------------

    \8\ See Exchange Rule 103B.V; see also Securities Exchange Act
Release No. 46579 (October 1, 2002), 67 FR 63004 (October 9, 2002)
(SR-NYSE-2002-31).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is consistent
with the goals of the Allocation Policy to provide an incentive for
ongoing enhancement of the relationship between the listing company and
the specialist firm, to encourage continued high performance of the
specialist firms by allowing them to use their experience and knowledge
of the listing company's securities in a new market center and to
provide the best possible match between the specialist firm and the
security.
    The proposed rule change is limited to listing companies that are
transferring from NYSE Arca to the NYSE. Since NYSE Arca and NYSE are
affiliates of one another, NYSE Arca's listings program for the
allocation of securities is designed to meet goals that are similar to
those established for the NYSE Allocation Process.
    The proposed waiver of the Allocation Process would occur in very
limited situations. It would affect only four firms that are currently
both registered specialists firms on NYSE and registered LMM firms on
NYSE Arca. These four firms are currently assigned to trade equities on
both NYSE and NYSE Arca.\9\
---------------------------------------------------------------------------

    \9\ The four firms that are presently registered LMM firms on
NYSE Arca and registered specialist firms on NYSE are: (1) Banc of
America; (2) Bear Wagner Specialists LLC; (3) Susquehanna, and (4)
Van der Moolen Specialists USA. LaBranche and Company LLC
(``LaBranche'') is presently a registered LMM firm on NYSE Arca and
a registered specialist firm on NYSE but LaBranche is presently
assigned to trade ETFs only on NYSE Arca and has no equities
assigned to it. Consequently, LaBranche does not fit the criteria of
the proposed rule at this time.
---------------------------------------------------------------------------

    Furthermore, market makers that conduct business on NYSE and NYSE
Arca are both subject to the regulatory oversight of NYSE Regulation
Inc. (``NYSER''). LMM firms in good standing on NYSE Arca must meet all
of the market making obligations as enforced by NYSER. If an LMM firm
fails to meet its market making obligations, it would no longer be
eligible to serve as the LMM firm for the listed security. As such, the
NYSE believes that allowing listed companies to maintain the LMM firm
that trades its security on NYSE Arca when such LMM firm is also a
registered specialist firm on the NYSE, comports with the overall goal
of the Allocation Process to provide a specialist firm that is most
qualified to transact business in the listed security.
    Listing companies transferring from other market centers to the
NYSE would not be eligible to waive the NYSE Allocation Process
pursuant to the proposed rule change as the NYSE does not have control
over other market center's established market making obligations.
Neither does the NYSE have an understanding of the regulatory oversight
related to the enforcement of the market making obligations of other
market centers.
    Consequently, there is no assurance for the NYSE that a registered
NYSE specialist firm operating as a market maker on another market
center is transacting business in accordance with its market making
obligations on such other market center and therefore the NYSE would
require the listing company to participate fully in its Allocation
Process as proscribed by Exchange Rule 103B.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\10\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\11\ in particular, because it
is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days after the date of filing (or such shorter time as the Commission
may designate if consistent with the protection of investors and the
public interest), the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \12\ and subparagraph (f)(6)
of Rule 19b-4 thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\14\
However, Rule 19b-4(f)(6)(iii) \15\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has satisfied the five-
day filing requirement. In addition, the Exchange has requested that
the Commission waive the 30-day pre-operative delay and designate the
proposed rule change to become operative upon filing. The Exchange
represented that the proposed rule change is merely administrative in
nature as it seeks to allow a listing company to waive the Allocation
Process set forth in Exchange Rule 103B in those limited instances
where the equity of the listing company was listed on NYSE Arca and the
company's equity was assigned a LMM firm that is also a registered
specialist firm on the NYSE, and when the listing company transfers
from NYSE Arca to the NYSE, the listing company may waive the
Allocation Process and select as its registered specialist firm the
same NYSE Arca LMM as its specialist firm on the NYSE. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because it would allow
the Exchange to immediately implement this proposal and efficiently
administer the allocation of equities that are currently eligible and
scheduled to transfer listing from NYSE Arca to NYSE on April 18, 2007.
Therefore, the Commission designates the proposal, as amended, to
become effective and operative upon filing.\16\
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ Id.
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the impact of the proposed rule on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).

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

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in the furtherance of the purposes of the Act.\17\
---------------------------------------------------------------------------

    \17\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change, the
Commission considers the period to commence on April 17, 2007, the
date on which the Exchange filed Amendment No. 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-NYSEArca-2007-39 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2007-39. 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 NYSE. 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-NYSE-2007-39 and should be submitted on or before May 15, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-7712 Filed 4-23-07; 8:45 am]

BILLING CODE 8010-01-P