[Federal Register: April 3, 2007 (Volume 72, Number 63)]
[Notices]
[Page 15924-15926]
[DOCID:fr03ap07-98]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55538; File No. SR-NASD-2007-018]

Self-Regulatory Organizations: National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend the NASD Rule 7000 Series To Delete References To
Systems and Services That Will No Longer Be Provided by NASD

March 27, 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 March 1, 2007, the National Association of Securities Dealers, Inc.
(``NASD'') 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 substantially by NASD.
NASD has designated this proposal as ``establishing or changing a due,
fee, or other charge'' under Section 19(b)(3)(A)(ii) of the Act \3\ and
Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal effective
upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    NASD is proposing to amend the NASD Rule 7000 Series (Charges for
Services and Equipment) to delete references to systems and services
that will no longer be provided by NASD upon the operation of NASD's
Alternative Display Facility (the ``ADF'') for non-Nasdaq exchange-
listed securities, which is anticipated to be March 5, 2007. The Rule
7000 Series only will apply to NASD's OTC Bulletin Board Service, OTC
Reporting Facility (``ORF'') and Trade Reporting and Compliance Engine
(``TRACE''). In this proposed rule change, NASD also is providing
notice relating to the calculation of fees under Rule 7010 for use of
NASD's Intermarket Trading System/Computer Assisted Execution Service
(the ``ITS/CAES System'') on March 1 and 2, 2007, which will apply if
the changes proposed herein are implemented on March 5, 2007 as
anticipated. The text of the proposed rule change is available at NASD,
the Commission's Public Reference Room, and http://www.nasd.com.

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

    In its filing with the Commission, NASD 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. NASD 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
    On June 30, 2006, the Commission approved SR-NASD-2005-087, which,
among other things, proposed an implementation strategy for the
operation of the Nasdaq Stock Market LLC (the ``Nasdaq Exchange'') as a
national securities exchange for Nasdaq-listed securities during a
transitional period.\5\ On November 21, 2006, the Commission approved
SR-NASD-2006-104, which, among other things, proposed amendments
necessary to reflect the complete separation of The Nasdaq Stock Market
Inc. (``Nasdaq'') from NASD upon the operation of the Nasdaq Exchange
as a national securities exchange for non-Nasdaq exchange-listed
securities.\6\ As described in SR-NASD-2006-135, for a transitional
period, Nasdaq has continued to operate the SuperIntermarket (SiM)
trading platform on NASD's behalf via the Transitional System and
Regulatory Services Agreement, even upon commencement of the Nasdaq
Exchange's operation as an exchange for non-Nasdaq exchange-listed
securities on February 12, 2007.\7\ Upon the operation of the ADF for
non-Nasdaq exchange-listed securities, SiM

will no longer be operated as a facility of NASD.
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    \5\ See Securities Exchange Act Release No. 54084 (June 30,
2006), 71 FR 38935 (July 10, 2006) (order approving SR-NASD-2005-
087).
    \6\ See Securities Exchange Act Release No. 54798 (November 21,
2006), 71 FR 69156 (November 29, 2006) (order approving SR-NASD-
2006-104).
    \7\ See Securities Exchange Act Release Nos. 54984 (December 20,
2006), 71 FR 78245 (December 28, 2006) (notice of filing and
immediate effectiveness of SR-NASD-2006-135) and 55274 (February 12,
2007), 72 FR 7785 (February 20, 2007) (notice of filing and
immediate effectiveness of SR-NASD-2007-012).
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    Currently, the NASD Rule 7000 Series addresses, among other things,
the pricing schedule for the Consolidated Quotation Service and ITS/
CAES System, which operate as part of, or in conjunction with, the SiM
platform. Once the ADF becomes operational for non-Nasdaq exchange-
listed securities, these systems will no longer be operated as NASD
facilities and as such, the pricing schedule for use of these systems,
as well as associated equipment and other fees, must be deleted from
NASD's rules. Accordingly, NASD is proposing to rename the Rule 7000
Series as ``Charges For OTC Reporting Facility, OTC Bulletin Board and
Trade Reporting and Compliance Engine Services'' and delete from the
Rule 7000 Series all fee provisions that are no longer applicable. The
current pricing schedule for members' use of the OTC Bulletin Board
Service, ORF and TRACE will be retained and renumbered. Specifically,
current Rule 7010(g) will be renumbered as Rule 7010 (OTC Reporting
Facility) and amended to apply only to the ORF; current Rule 7010(j)
will be renumbered as Rule 7020 (OTC Bulletin Board Service); current
Rule 7010(k) will be renumbered as Rule 7030 (Trade Reporting and
Compliance Engine (TRACE)); and paragraphs (3) and (4) of current Rule
7010(p) will be renumbered as paragraphs (a) and (b) of Rule 7040
(Historical Research and Administrative Reports). NASD is not proposing
to modify any of the fees relating to such services in this proposed
rule change; it is only deleting those fee provisions that are no
longer applicable.\8\
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    \8\ NASD notes that NASD members will continue to access the OTC
Bulletin Board, which Nasdaq operates on NASD's behalf, via the
Nasdaq Workstation. The Nasdaq Workstation also provides access to a
variety of Nasdaq Exchange systems and services. Pursuant to the
proposed rule change, the fees relating to access to and use of the
Nasdaq Workstation will be deleted from NASD's rules as NASD does
not charge for this service. However, NASD members are nonetheless
required to pay all fees for access to and use of the Nasdaq
Workstation pursuant to the applicable rules of the Nasdaq Exchange
(see, e.g., Rules 7011 and 7015), which apply to members and non-
members of the Nasdaq Exchange.
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    NASD also notes that the fee schedule currently set forth in Rule
7010 relating to the use of the ITS/CAES System varies based upon the
member's monthly volume. Assuming implementation of the changes
proposed herein on March 5, 2007, the fees in Rule 7010 will apply only
to two trading dates in March. Thus, NASD is clarifying that the fees
charged for use of the ITS/CAES System on March 1 and 2, 2007 will be
based on the member's volume for February 2007. In other words, the fee
rates charged to a member for March 1 and 2, 2007 will be the same
rates charged to the member for February 2007.
    NASD has filed the proposed rule change for immediate
effectiveness. The operative date of the proposed rule change will be
the date upon which the ADF begins operating for non-Nasdaq exchange-
listed securities, currently scheduled for March 5, 2007.
2. Statutory Basis
    NASD believes that the proposed rule change is consistent with the
provisions of Section 15A of the Act,\9\ in general, and with Section
15A(b)(5) of the Act,\10\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which the NASD operates or controls. NASD is proposing to delete
references to fees for systems and services that NASD will no longer
provide and is not proposing to modify the fees for use of any of the
systems and services that NASD will continue to provide.
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    \9\ 15 U.S.C. 78o-3.
    \10\ 15 U.S.C. 78o-3(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change establishes or changes a
member due, fee, or other charge imposed by the Exchange, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and
subparagraph (f)(2) of Rule 19b-4 \12\ thereunder. 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 furtherance of the
purposes of the Act.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
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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-NASD-2007-018 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-NASD-2007-018. 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 NASD. 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-NASD-2007-018 and should be submitted on or before April 24, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-6125 Filed 4-2-07; 8:45 am]

BILLING CODE 8010-01-P


SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NSPS for Primary and Secondary Emissions from Basic Oxygen Furnaces (40
CFR Part 60, Subparts N and Na) (Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NSPS for Primary and Secondary Emissions from Basic Oxygen Furnaces (40
CFR Part 60, Subparts N and Na) (Renewal)

EPA ICR Number 1069.10, OMB Control Number 2060-0029

1(b)  Short Characterization/Abstract

The New Source Performance Standards (NSPS) for the regulations
published at 40 CFR part 60, subparts N and Na were proposed on June 11,
1973, promulgated on March 8, 1974, and amended on October 17, 2000.
These regulations apply to each basic oxygen process furnace (BOPF) in
an iron and steel plant commencing construction, modification, or
reconstruction after the date of a proposal.  An opacity limit was
promulgated on April 13, 1978, as a supplement to the mass standard.  On
January 20, 1983, amendments to the Standards of Performance for Primary
Emissions from Basic Oxygen Process Furnaces merged with Standards of
Performance for Secondary Emissions from Basic Oxygen Process
Steelmaking Facilities (Subpart Na).  Subpart Na is applicable to any
top-blown BOPF, hot metal transfer station or skimming station for which
construction, reconstruction, or modification commenced after January
20, 1983.  These amendments were promulgated on January 2, 1986.  This
information is being collected to assure compliance with 40 CFR part 60,
subparts N and Na.

The monitoring, recordkeeping, and reporting requirements outlined in
these rules are similar to those required for other NSPS regulations.
Consistent with the NSPS General Provisions (40 CFR part 60, subpart A),
respondents would submit initial notifications, conduct performance
tests and report test results for the primary emission control devices,
and submit periodic reports.  Sources also must develop and implement a
startup, shutdown, and malfunction plan (SSMP) and submit semiannual
reports of any event where the procedures in the plan were not followed.
 These notifications, reports, and records are essential in determining
compliance, and are required of all sources subject to NSPS.

Any owner/operator subject to the provisions of this part shall maintain
a file of these measurements, and retain the file for at least two years
following the date of such measurements, maintenance reports, and
records.  All reports are sent to the delegated state or local
authority.  In the event that there is no such delegated authority, the
reports are sent directly to the United States Environmental Protection
Agency (EPA) regional office.

Approximately 18 sources are currently subject to the regulation, and it
is estimated that no additional respondents per year will become subject
to the regulation in the next three years.  This information was
confirmed with the rule lead addressing this source category at the
Office of Air Quality Planning and Standards (OAQPS).

There are approximately 18 primary and secondary emissions from basic
oxygen furnaces in the United States, which are owned and operated by
the primary and secondary emissions from basic oxygen furnaces industry
(the “Affected Public”).  None of the facilities in the United
States are owned by state, local, tribal or the Federal government; all
are privately, owned for-profit businesses.  The burden to the
“Affected Public” is listed in Table 1: Annual Industry Burden and
Cost – NSPS for Primary and Secondary Emissions from Basic Oxygen
Furnaces (40 CFR Part 60, Subparts N and Na) (Renewal).  The Federal
government burden associated with the review of reports submitted by the
respondent is shown in Table 2: Average Annual EPA Burden – NSPS for
Primary and Secondary Emissions from Basic Oxygen Furnaces (40 CFR Part
60, Subparts N and Na) (Renewal).

In the development of the Information Collection Request (ICR), we
addressed the Office of Management and Budget (OMB) “Terms of
Clearance (TOC)” on the active ICR.  The TOC are as follows:

This collection of information is approved for 3 years.  Before
resubmission of this ICR, the Agency should update wage estimates,
continuing to refer to most recently available data from Bureau of Labor
Statistics.  In addition, the agency should verify the number of
respondent entities.

EPA has addressed each item of concern in the TOC.  The updated labor
rates and the number of respondents have been thoroughly checked, and
all estimates have been updated.

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The EPA is charged under section 111 of the Clean Air Act (CAA), as
amended, to establish standards of performance for new stationary
sources that reflect:

. . . application of the best technological system of continuous
emissions reduction which (taking into consideration the cost of
achieving such emissions reduction, or any non-air quality health and
environmental impact and energy requirements) the Administrator
determines has been adequately demonstrated.  Section 111(a)(l).

The Agency refers to this charge as selecting the best demonstrated
technology (BDT).  Section 111 also requires that the Administrator
review and, if appropriate, revise such standards every four years.

In addition, section 114(a) states that the Administrator may require
any owner or operator subject to any requirement of this Act to:

(A) Establish and maintain such records; (B) make such reports; (C)
install, use, and maintain such monitoring equipment, and use such audit
procedures, or methods; (D) sample such emissions (in accordance with
such procedures or methods, at such locations, at such intervals, during
such periods, and in such manner as the Administrator shall prescribe);
(E) keep records on control equipment parameters, production variables
or other indirect data when direct monitoring of emissions is
impractical; (F) submit compliance certifications in accordance with
Section 114(a)(3); and (G) provide such other information as the
Administrator may reasonably require.

In the Administrator's judgment, particulate matter emissions from
primary and secondary emissions from basic oxygen process furnaces cause
or contribute to air pollution that may reasonably be anticipated to
endanger public health or welfare.  Therefore, the NSPS were promulgated
for this source category at 40 CFR part 60, subparts N and Na.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure
compliance with the applicable regulations which were promulgated in
accordance with the Clean Air Act.  In addition, the collected
information is used for targeting inspections and as evidence in legal
proceedings.

Performance tests are required in order to determine an affected
facility’s initial capability to comply with the emission standard.
Continuous emission monitors are used to ensure compliance with the
standard at all times.  During the performance tests, a record of the
operating parameters under which compliance was achieved may be recorded
and used to determine compliance in place of a continuous emission
monitor.

The notifications required in the standard are used to inform the Agency
or delegated authority when a source becomes subject to the requirements
of the regulations.  The reviewing authority may then inspect the source
to ensure that the pollution control devices are properly installed and
operated, that leaks are being detected and repaired, and that the
standards are being met.  The performance test may also be observed.

The required semiannual reports are used to determine periods of excess
emissions, to identify problems at the facility, to verify
operation/maintenance procedures and compliance.

3.  Non-duplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part
60, subparts N and Na.

3(a)  Non-duplication

If the subject standards have not been delegated, the information is
sent directly to the appropriate EPA regional office.  Otherwise, the
information is sent directly to the delegated state or local agency.  If
a state or local agency has adopted their own similar standards to
implement the Federal standards, a copy of the report submitted to the
state or local agency can be sent to the Administrator in lieu of the
report required by the Federal standards.  Therefore, no duplication
exists.

3(b)  Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR
was published in the Federal Register (76 FR 26900) on May 9, 2011.  No
comments were received on the burden published in the Federal Register.

3(c)  Consultations

The Agency’s industry experts have been consulted, and the Agency’s
internal data sources and projections of industry growth over the next
three years have been considered.  The primary source of information as
reported by industry, in compliance with the recordkeeping and reporting
provisions in the standard, is the Online Tracking Information System
(OTIS) which is operated and maintained by the EPA Office of Compliance.
 OTIS is the EPA database for the collection, maintenance, and retrieval
of all compliance data.  The growth rate for the industry is based on
our consultations with the Agency’s internal industry experts.

Industry trade associations and other interested parties were provided
an opportunity to comment on the burden associated with the standard as
it was being developed.  In developing this ICR, we contacted the
American Iron and Steel Institute (AISI) at<PHONE_NUMBER>, and the
Steel Manufacturers Association (SMA) at<PHONE_NUMBER>.

After a thorough review, it is our policy to respond to comments
received since the last ICR renewal as well as to those submitted in
response to the first Federal Register notice.

3(d)  Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of
assurance that facilities are continuing to meet the standards.
Requirements for information gathering and recordkeeping are useful
techniques to ensure that good operation and maintenance practices are
applied and emission limitations are met.  If the information required
by these standards was collected less frequently, the proper operation
and maintenance of control equipment and the possibility of detecting
violations would be less likely.

3(e)  General Guidelines

These reporting or recordkeeping requirements do not violate any of the
regulations promulgated by OMB under 5 CFR part 1320, section 1320.5.

These standards require the respondents to maintain all records,
including reports and notifications for at least five years.  This is
consistent with the General Provisions as applied to the standards.  EPA
believes that the five-year records retention requirement is consistent
with the part 70 permit program and the five-year statute of limitations
on which the permit program is based.  The retention of records for five
years allows the EPA to establish the compliance history of a source,
any pattern of non-compliance, and to determine the appropriate level of
enforcement action.  EPA has found that the most flagrant violators have
violations extending beyond the five years.  In addition, EPA would be
prevented from pursuing the violators due to the destruction or
nonexistence of essential records.

3(f)  Confidentiality

Any information submitted to the Agency for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in title 40, chapter 1, part 2, subpart B -
Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR
36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43
FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g)  Sensitive Questions

The reporting or recordkeeping requirements in the standard do not
include sensitive questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are
basic oxygen process furnace shops at iron and steel plants with
furnaces, skimming stations and/or hot metal transfer stations.  The
North American Industry Classification System (NAICS) code could be
found in the following table:

Standard (40 CFR Part 60, Subparts N, and Na)	NAICS Codes

Iron and Steel Mills	331111

Steel Wire Drawing	331222

Rolled Steel Shape Manufacturing	331221

Iron and Steel Pipe and Tube Manufacturing from Purchased Steel	33121

4(b)  Information Requested

None of these reporting or recordkeeping requirements violate any of the
regulations established by OMB at 5 CFR part 1320, section 1320.5.

(i)  Data Items

In this ICR, all the data that is recorded or reported is required by
NSPS for Primary and Secondary Emissions from Basic Oxygen Furnaces (40
CFR part 60, subparts N and Na) (Renewal).

A source must make the following reports:

Notifications

Notification of construction/reconstruction	60.7(a)(1)

Notification of actual startup	60.7(a)(3)

Notification of physical or operational change	60.7(a)(4)

Notification of monitoring system performance commencement	60.7(a)(5)

Performance test results	60.8(a)

Notification of performance test	60.8(d)

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

Semiannual compliance reports of all measurements over any 3-hour period
that average more than 10 percent below the average level maintained
during the most recent performance test in which the facility
demonstrated compliance with the standard	60.7(c), 60.143(c-e)

A source must keep the following records:

Recordkeeping

Maintain records of startup, shutdown, or malfunction period where the
continuous monitoring system is inoperative	60.7(b)

Emission test results, continuous monitoring system data, performance
test results and other data needed to determine compliance with mass and
visible emission limits	60.7(f), 60.145a

Time and duration of each steel production cycle	60.143(a)

Record the time and duration of the rates or levels of any diversion of
exhaust gases from the main stack servicing the BOPF	60.143(a)

Record the various rates or levels of exhaust ventilation at each phase
of the cycle through each duct of the secondary emission capture system
60.143a(a)

Record of time and duration of the visible emission data sets	60.145a(d)

Record the particulate matter concentration (i.e., opacity levels)
exiting the control device and discharge into the atmosphere	60.142(a-b)

Record the pressure loss through the venture constriction of the
scrubber continuously	60.143(a)(1)

Record the water supply pressure to the venture scrubber control
equipment continuously	60.143(a)(2)

Records are required to be retained for 2 years	60.7(f)

Electronic Reporting

Some of the respondents are using monitoring equipment that
automatically records parameter data.  Although personnel at the
affected facility must still evaluate the data, internal automation has
significantly reduced the burden associated with monitoring and
recordkeeping at a plant site.

Also, regulatory agencies in cooperation with the respondents continue
to create reporting systems to transmit data electronically.  However,
electronic reporting systems are not widely used.  At this time, it is
estimated that approximately 10 percent of the respondents use
electronic reporting.

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate a continuous monitoring system
for pressure loss through the constriction of the venture scrubber and
the water supply pressure to the venture scrubber.

Perform initial performance test, Reference Method 5 test, for
determination of particulate matter concentration, Method 9
determination of opacity, Method 2 for determination of the various
rates of exhaust ventilation, and repeat performance tests.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and
utilizing technology and systems for the purpose of collecting,
validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the
purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the
purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable
instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

	Currently, sources are using monitoring equipment that provides
parameter data in an automated way (e.g., continuous parameter
monitoring system).  Although personnel at the source still need to
evaluate the data, this type of monitoring equipment has significantly
reduced the burden associated with monitoring and recordkeeping.

5.  The Information Collected: Agency Activities, Collection
Methodology, and Information Management

5(a)  Agency Activities

EPA conducts the following activities in connection with the
acquisition, analysis, storage, and distribution of the required
information.

Agency Activities

Observe initial performance tests and repeat performance tests if
necessary.

Review notifications and reports, including performance test reports,
excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Online tracking Information
system (OTIS).

5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority could inspect
the source to determine whether the pollution control devices are
properly installed and operational.  Performance test reports are used
by the Agency to discern a source’s initial capability to comply with
the emission standard, and to note the operating conditions under which
compliance was achieved.  Data and records maintained by the respondents
are tabulated and published for use in compliance and enforcement
programs.  The semiannual reports are used for problem identification,
as a check on source operation and maintenance, and for compliance
determinations.

Information contained in the reports is entered into OTIS which is
operated and maintained by the EPA Office of Compliance.  OTIS is the
EPA database for the collection, maintenance, and retrieval of
compliance data for approximately 125,000 industrial and
government-owned facilities.  EPA uses OTIS for tracking air pollution
compliance and enforcement by local and state regulatory agencies, EPA
regional offices, and EPA headquarters.  EPA delegated Authorities can
edit, store, retrieve, and analyze the data.

The records required by this regulation must be retained by the owner or
operator for two years.

5(c)  Small Entity Flexibility

The majority of the respondents are large entities (i.e., large
businesses).  However, the impact on small entities (i.e., small
businesses) was taken into consideration during the development of the
regulation.  Due to technical considerations involving the process
operations and the types of control equipment employed, the
recordkeeping and reporting requirements are the same for both small and
large entities.  The Agency considers these to be the minimum
requirements needed to ensure compliance and, therefore, cannot reduce
them further for small entities.  To the extent that larger businesses
can use economies of scale to reduce their burden, the overall burden
will be reduced.

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown in Table 1: Annual Industry Burden for NSPS for
Primary and Secondary Emissions from Basic Oxygen Furnaces (40 CFR Part
60, Subparts N and Na) (Renewal).

6.  Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the
recordkeeping and reporting requirements applicable to the industry for
the subpart included in this ICR.  The individual burdens are expressed
under standardized headings believed to be consistent with the concept
of burden under the Paperwork Reduction Act.  Wherever appropriate,
specific tasks and major assumptions have been identified.  Responses to
this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB Control Number.

6(a)  Estimating Respondent Burden

The average annual burden to industry over the next three years from
these recordkeeping and reporting requirements is estimated to be 6,263
(Total Labor Hours from Table 1).  These hours are based on Agency
studies and background documents from the development of the regulation,
Agency knowledge and experience with the NSPS program, the previously
approved ICR, and any comments received.

6(b)  Estimating Respondent Costs

(i)  Estimating Labor Costs

	This ICR uses the following labor rates:

Managerial	$119.36 ($56.84 + 110%)

Technical	$99.18 ($47.23 + 110%)

Clerical	$49.35 ($23.50 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, March 2011, "Table 2. Civilian Workers, by
Occupational and Industry group."  The rates are from column 1, "Total
Compensation."  The rates have been increased by 110 percent to account
for the benefit packages available to those employed by private
industry.

(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

The type of industry costs associated with the information collection
activities in the subject standard are both labor costs, which are
addressed elsewhere in this ICR, and the costs associated with
continuous monitoring.  The capital/startup costs are one-time costs
when a facility becomes subject to the regulation.  The annual operation
and maintenance costs are the ongoing costs to maintain the monitor and
other costs, such as photocopying and postage.

(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous Monitoring Device	(B)

Capital / Startup Cost for One Respondent	(C)

Number of New Respondents 	(D)

Total Capital/ Startup Cost

(B X C) 	(E)

Annual O&M Costs for One Respondent	(F)

Number of Respondents with O&M 	(G)

Total O&M,

(E X F)

Flow meters to measure exhaust gas flow rate 	$18,000	0	$0	$900	18
$16,200

Flow meters to measure pressure flow rate	0	0	$0	$900	15	$13,500

Total

	$0

	$29,700

The total capital/startup costs for this ICR are $0.  This is the total
of column D in the above table.

The total operation and maintenance (O&M) costs for this ICR are
$29,700.  This is the total of column G.

The average annual cost for capital/startup and operation and
maintenance costs to industry over the next three years of the ICR is
estimated to be $29,700.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of
the reported information.  EPA’s overall compliance and enforcement
program includes activities such as: the examination of records
maintained by the respondents; periodic inspection of sources of
emissions; and the publication and distribution of collected
information.

The average annual Agency cost during the three years of the ICR is
estimated to be $9,328.

This cost is based on the average hourly labor rate as follows:

		Managerial	$62.27 (GS-13, Step 5, $38.92 + 60%)

		Technical	$46.21 (GS-12, Step 1, $28.88 + 60%)

		Clerical	$25.01 (GS-6, Step 3, $15.63 + 60%)

These rates are from the Office of Personnel Management (OPM) “2011
General Schedule” which excludes locality rates of pay.  The rates
have been increased by 60 percent to account for the benefit packages
available to government employees.  Details upon which this estimate is
based appear in Table 2: Average Annual EPA Burden, NSPS for Primary and
Secondary Emissions from Basic Oxygen Furnaces (40 CFR Part 60, Subparts
N and Na) (Renewal).

6(d)  Estimating the Respondent Universe and Total Burden and Costs

	Based on our research for this ICR, on average over the next three
years, approximately 18 existing respondents will be subject to the
standard.  It is estimated that no additional respondent per year will
become subject to the standard.  The overall average number of
respondents, as shown in the table below, is 18 per year.

	The number of respondents is calculated using the following table that
addresses the three years covered by this ICR.

Number of Respondents

Year	(A)

Number of New Respondents 1	(B)

Number of Existing Respondents	(C)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	(D)

Number of Existing Respondents That Are Also New Respondents	(E)

Number of Respondents

(E=A+B+C-D)

1	0	18	0	0	18

2	0	18	0	0	18

3	0	18	0	0	18

Average	0	18	0	0	18

1 New respondents include sources with constructed, reconstructed, and
modified affected facilities.

To avoid double-counting respondents, column D is subtracted.  As shown
above, the average Number of Respondents over the three-year period of
this ICR is 18.

The total number of annual responses per year is calculated using the
following table:

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	(E)

Total Annual Responses

E=(BxC)+D

Notification of construction or modification	0	1	0	0

Notification of performance test	0	1	0	0

Report results of performance test	0	1	0	0

Semiannual report	18	2	0	36

	Total	36

The number of Total Annual Responses is 36.

The total annual labor costs are $599,483.  Details regarding these
estimates may be found in Table 1: Annual Industry Burden and Cost –
NSPS for Primary and Secondary Emissions from Basic Oxygen Furnaces (40
CFR Part 60, Subparts N and Na) (Renewal).

6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the
respondents and the Agency are shown in Tables 1 and 2, respectively,
and summarized below.

(i)  Respondent Tally

The total annual labor hours are 6,263.  Details regarding these
estimates may be found in Table 1: Annual Respondent Burden and Cost:
NSPS for Primary and Secondary Emissions from Basic Oxygen Furnaces (40
CFR Part 60, Subparts N and Na) (Renewal).

Furthermore, the annual public reporting and recordkeeping burden for
this collection of information is estimated to average 174 hours per
response.

The total annual capital/startup and operation and maintenance (O&M)
costs to the regulated entity are $29,700.

(ii)  The Agency Tally

The average annual Agency burden and cost over the next three years is
estimated to be 207 labor hours at a cost of $9,328.  See Table 2:
Annual Agency Burden and Cost: NSPS for Primary and Secondary Emissions
from Basic Oxygen Furnaces (40 CFR Part 60, Subparts N and Na)
(Renewal).

6(f)  Reasons for Change in Burden

The adjustment increase in burden from the most recently approved ICR is
due to a more accurate estimate of existing sources.  Consulations with
OAQPS and trade associations revealed that there are approximately
eighteen sources subject to the rule, as compared with the active ICR
that shows five sources.  There are no new facilities expected to be
constructed over the next three years of this ICR.  There is also an
increase in the estimated burden cost as currently identified in the OMB
Inventory of approved Burdens.  The increase is not due to any program
changes.  The change in burden cost is due to the use of the most
updated labor rates.

Because there are no new sources with reporting requirements, no
capital/startup costs are incurred.  The only cost that is incurred is
for the O&M of the monitoring equipment.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 174 hours per response.  Burden
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, disclose or provide information to or for
a Federal agency.  This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.

An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a valid OMB
Control Number.  The OMB Control Numbers for EPA’s regulations are
listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OECA-2011-0219.  An electronic version of the public docket is
available at   HYPERLINK "http://www.regulations.gov/"
http://www.regulations.gov/  which may be used to obtain a copy of the
draft collection of information, submit or view public comments, access
the index listing of the content of the docket, and to access those
documents in the public docket that are available electronically.  When
in the system, select “search” than key in the docket ID number
identified in this document.  The documents are also available for
public viewing at the Enforcement and Compliance Docket and Information
Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Avenue, N.W., Washington, D.C.  The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays.  The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Enforcement and
Compliance Docket and Information Center Docket is<PHONE_NUMBER>.
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, N.W.,
Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID Number EPA-HQ-OECA-2011-0219 and OMB Control Number
2060-0029 in any correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in
collecting this information.

Table 1:  Annual Respondent Burden and Cost – NSPS for Primary and
Secondary Emissions from Basic Oxygen Furnaces (40 CFR Part 60, Subparts
N and Na) (Renewal).

Burden item	(A)

Person hours per occurrence	(B)

No. of occurrences per respondent per year	(C)

Person hours per respondent per year

(C=AxB)	(D)

Respondents per year  a	(E)

Technical person- hours per year

(E=CxD)	(F)

Management person hours per year

(Ex0.05)	(G)

Clerical person hours per year

(Ex0.1)	(H)

Total Cost

Per year b

1.  Applications	N/A

	2.  Survey and Studies	N/A

	3.  Reporting requirements

     A.  Read instructions c	1	1	1	0	0	0	0	$0

     B.  Required activities

        Performance tests d	194	1	194	0	0	0	0	$0

        Repeat of performance test e	194	1	194	0	0	0	0	$0

        Daily monitoring of emissions and operations	See 4E

	     C.  Create information	See 3B and 4E

	     D.  Gather existing information	See 3B and 4E

	     E.  Write Report

        Notification of reconstruction or modification	2	1	2	0	0	0	0	$0

        Notification of performance test	2	1	2	0	0	0	0	$0

        Performance test results	32	1	32	0	0	0	0	$0

        Semiannual report of excess emissions f	10	2	20	18	360	18	36
$39,629.88

Subtotal  for Reporting  Requirements

414

4.  Recordkeeping requirements

     A.  Read instructions 	See 3A

	     B.  Plan activities	See 3B

	     C.  Implement Activities 	See 3B

	     D.  Develop record system	N/A

	     E.  Time to enter information

         Records of operating parameters

          -   Exhaust ventilation rate g	0.25	365	91.25	18	1,642.5
82.125	164.25	$180,811.33

Across the venture scrubber (i.e., pressure

    drop and water supply pressure) h	0.25	365	91.25	15	1,368.75	68.43
136.87	$150,674.21

         Records of performance test 	See 3B

	         Records of duration of each steel production

         cycle, and time and duration of any diversion

         of exhaust gases from the main stack serving

        the BOPF i	0.25	365	91.25	18	1,642.5	82.125	164.25	$180.811.33

        Recalibrate and check monitoring devices j	8	1	8	18	144	7.2	14.4
$15,851.95

    F.  Time to train personnel

Certification of opacity observer k 	8	2	16	18	288	14.4	28.8	$31,703.90

    G. Time for audits	N/A

	Subtotal  for Recordkeeping Requirements

5,848.6

Subtotals: Labor Burden and costs

	5,445.75	272.28	544.57	$599,483.34

TOTAL LABOR BURDEN AND COST (rounded)

6,262.6

6,263

    (rounded)

$599,483

Assumptions:

  a 	 We have assumed that there are approximately 18 respondents (i.e.,
BOPF shops) that are subject to the regulation, with no additional new
or reconstructed sources becoming subject to the rule over the next
three years.

  b  This ICR uses the following labor rates:  $119.36 per hour for
Executive, Administrative, and Managerial labor; $99.18 per hour for
Technical labor, and $49.35 per hour for Clerical labor.  These rates
are from the United States Department of Labor, Bureau of Labor
Statistics, March 2011, Table 2. Civilian Workers, by Occupational and
Industry groups.  The rates are from column 1, Total Compensation.  The
rates have been increased by 110 percent to account for the benefit
packages available to those employed by private industry.

c  We have assumed that it will take one hour for each respondent to
read instructions.

d  We have assumed that it will take 194 hours for each respondent to
complete a performance test.

e  We have assumed that it will take 10 percent of respondents to repeat
performance test due to failures.

f  We have assumed that it will take 10 hours twice per year for each
respondent to write the semiannual reports if excess emission.

g  We have assumed that it will take each of the eighteen respondent
0.25 hours, 365 times per year, to record the exhaust ventilation rate.

h  We have assumed that it will take each of the fifteen respondent 0.25
hours, 365 times per year, will enter information on records of CMS
operating parameters  across the venture scrubber.  Fifteen of the
existing respondents will use venture scrubbers as primary emission
control systems.

i   We have assumed that it will take each respondent 0.25 hours, 365
days per year, to record the duration of each steel production cycle.

j   We have assumed that it will take each respondent eight hours once
per year to recalibrate and check monitoring devices.

k  We have assumed that it will take each respondent eight hours twice
per year to train personnel on certification of opacity observer.

Table 2:  Average Annual EPA Burden - NSPS for Primary and Secondary
Emissions from Basic Oxygen Furnaces (40 CFR Part 60, Subparts N and Na)
(Renewal)

Activity	(A)

EPA person- hours per occurrence	(B)

No. of occurrences per plant per year	(C)

EPA person- hours per plant per year

(C=AxB)	(D)

Plants per year  a	(E)

Technical person- hours per year

(E=CxD)	(F)

Management person-hours per year

(Ex0.05)

	(G)

Clerical person-hours per year

(Ex0.1)	(H)

Cost, $ b

New facility

    Notification of performance test c	2	1	2	0	0	0	0	$0

    Report of performance test results d	8	1	8	0	0	0	0	$0

    Notification of reconstruction/modification e	2	1	2	0	0	0	0	$0

Review reports:  Existing and new sources

   Semiannual reports of excess emissions and

   monitoring systems performance f	5	2	10	18	180	9	18	$9,328.41

Subtotals Labor Burden and cost

	180	9	18	$9,328.41

TOTAL ANNUAL BURDEN AND COST (rounded)

	207

	$9,328

 	Assumptions:

    a  We have assumed that there are approximately 18 respondents
(i.e., BOPF shops) that are subject to the regulation, with no
additional new or reconstructed sources becoming subject to the rule
over the next three years.

b  This cost is based on the following hourly labor rates times a 1.6
benefits multiplication factor to account for government overhead
expenses: $62.27 for Managerial (GS-13, Step 5, $38.92 x 1.6), $46.21
for Technical (GS-12, Step 1, $28.88 x 1.6) and $25.01 Clerical (GS-6,
Step 3, $15.63 1.6).  These rates are from the Office of Personnel
Management (OPM) (2011 General Schedule( which excludes locality rates
of pay.

c  We have assumed that it will take two hours once per year for each
respondent to perform the performance test.

d  We have assumed that it will take eight hours once per year for each
respondent to report the performance test results.

e  We have assumed that it will take two hours once per year for each
respondent to comply with the notification requirements of the rule.

f  We have assumed that it will take five hours twice per year for each
respondent to submit semiannual reports of excess emissions and
monitoring systems with all measurements over any three hour period
(e.g., of  low pressure) that average more than 10 percent below the
averages during the most recent performance test.

 PAGE

 PAGE   16

 PAGE


[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Pages 47483-47485]
[FR Doc No: 2015-19419]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG15-107-000.
    Applicants: Cedar Bluff Wind, LLC.
    Description: Notice of self-certification of Exempt Wholesale
Generator Status of Cedar Bluff Wind, LLC.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5302.
    Comments Due: 5 p.m. ET 8/21/15.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-3417-009; ER10-2895-013; ER14-1964-004; ER13-
2143-006; ER10-3167-005; ER13-203-005; ER11-2292-013; ER11-3942-012;
ER11-2293-013; ER10-2917-013; ER11-2294-012; ER12-2447-011; ER13-1613-
006; ER10-2918-014; ER10-2920-013; ER11-3941-011; ER10-2921-013; ER10-
2922-013; ER13-1346-005; ER10-2966-013; ER11-2383-008; ER10-3178-006.
    Applicants: Alta Wind VIII, LLC, Bear Swamp Power Company LLC, BIF
II Safe Harbor Holdings, LLC, Black Bear Development Holdings, LLC,
Black Bear Hydro Partners, LLC, Black Bear SO, LLC, Brookfield Energy
Marketing Inc., Brookfield Energy Marketing LP, Brookfield Energy
Marketing US LLC, Brookfield Power Piney & Deep Creek LLC, Brookfield
Renewable Energy Marketing US LLC, Brookfield Smoky Mountain Hydropower
LLC, Brookfield White Pine Hydro LLC, Carr Street Generating Station,
L.P., Erie Boulevard Hydropower, L.P., Granite Reliable Power, LLC,
Great Lakes Hydro America, LLC, Hawks Nest Hydro LLC, Mesa Wind Power
Corporation, Rumford Falls Hydro LLC, Safe Harbor Water Power
Corporation, Windstar Energy, LLC.
    Description: Notice of Non-Material Change in Status of the
Brookfield Companies.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5305.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER13-1943-003.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2015-07-31_MISO-PJM Order 1000
Interregional Compliance to be effective 1/1/2014.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5236.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER13-1944-002.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Compliance Filing per 12/18/14
Order in Docket No. ER13-1944-000 to be effective 1/1/2014.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5205.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-1682-001.
    Applicants: TransCanyon DCR, LLC.
    Description: Compliance filing: TO Tariff CWIP Compliance Filing to
be effective N/A.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5246.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-2129-000.
    Applicants: Slate Creek Wind Project, LLC.
    Description: Supplement to July 8, 2015 Slate Creek Wind Project,
LLC tariff filing.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5298.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-2130-000.
    Applicants: Roosevelt Wind Project, LLC.
    Description: Supplement to July 8, 2015 Roosevelt Wind Project, LLC
tariff filing.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5297.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-2131-000.
    Applicants: Milo Wind Project, LLC.
    Description: Supplement to July 8, 2015 Milo Wind Project, LLC
tariff filing.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5296.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-2358-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Revisions to CDWR's Load
Interconnection Agreement reflecting Amendment No. 1 to be effective 7/
1/2015.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5219.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-2359-000.
    Applicants: Nevada Power Company.
    Description: Sec.  205(d) Rate Filing: OATT Attachment P Revisions
to be effective 9/30/2015.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5241.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-2360-000.
    Applicants: Southwest Power Pool, Inc.

    Description: Sec.  205(d) Rate Filing: Basin Electric Power
Cooperative Contract Services Agreement to be effective 10/1/2015.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5245.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-2361-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3065 Montana-Dakota
Utilities Co. Market Participant Agr to be effective 10/1/2015.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5247.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-2362-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original Service Agreements
Nos. 4225 & 4226; Queue Nos. V1-011 & V1-012 to be effective 10/3/2014.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5248.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-2363-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3070 WAPA-UGP Market
Participant Service Agreement to be effective 10/1/2015.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5251.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-2364-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2015-07-31_Prairie Power
Attachment O Filing to be effective 10/1/2015.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5253.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-2365-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: OATT EIM--Rev to Enhance
Operation to be effective 9/30/2015.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5255.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-2366-000.
    Applicants: Black Hills Power, Inc.
    Description: Sec.  205(d) Rate Filing: Revised Black Hills Power,
Inc. JOATT Schedule 2 to be effective 9/29/2015.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5257.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ER15-2367-000.
    Applicants: Nittany Energy, LLC.
    Description: Baseline eTariff Filing: Nittany Energy LLC Market
Based Rate Tariff to be effective 9/30/2015.
    Filed Date: 8/3/15.
    Accession Number: 20150803-5001.
    Comments Due: 5 p.m. ET 8/24/15.

    Docket Numbers: ER15-2368-000.
    Applicants: RC Cape May Holdings, LLC.
    Description: Request for Waiver of RC Cape May Holdings, LLC.
    Filed Date: 8/3/15.
    Accession Number: 20150803-5069.
    Comments Due: 5 p.m. ET 8/24/15.

    Docket Numbers: ER15-2369-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2015-08-03_SA 2824 ATC-
Marshfield Facilities Construction Agreement to be effective 10/2/2015.
    Filed Date: 8/3/15.
    Accession Number: 20150803-5095.
    Comments Due: 5 p.m. ET 8/24/15.

    Docket Numbers: ER15-2370-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Request for Limited Waiver
of Must Offer Exception Pre-Notification Date to be effective 8/25/
2015.
    Filed Date: 8/3/15.
    Accession Number: 20150803-5113.
    Comments Due: 5 p.m. ET 8/24/15.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES15-40-000; ES15-42-000; ES15-43-000; ES15-44-000;
ES15-45-000; ES15-46-000; ES15-47-000; ES15-48-000.
    Applicants: Jersey Central Power & Light Co., Pennsylvania Power
Company, Pennsylvania Electric Company, Metropolitan Edison Company,
West Penn Power Company, Monongahela Power Company, The Potomac Edison
Company, Trans- Allegheny Interstate Line Company.
    Description: Application of Jersey Central Power & Light Company,
et al. for Authorization under Section 204(a) of the Federal Power Act
to Issue Short-Term Debt Securities.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5287.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: ES15-41-000.
    Applicants: Old Dominion Electric Cooperative, Inc.
    Description: Application for Authorization to Issue Short- and
Long-term Debt, to Guaranty Obligations, and for Waivers of Old
Dominion Electric Cooperative.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5289.
    Comments Due: 5 p.m. ET 8/21/15.

    Take notice that the Commission received the following land
acquisition reports:

    Docket Numbers: LA15-2-000.
    Applicants: Virginia Electric and Power Company, Dominion Energy
Marketing, Inc. Dominion Nuclear Connecticut, Inc. Dominion Energy
Manchester Street, Inc. Dominion Retail, Inc. Fairless Energy, LLC,
NedPower Mt. Storm, LLC, Fowler Ridge Wind Farm, LLC, Dominion
Bridgeport Fuel Cell, LLC, RE Columbia Two LLC, RE Camelot LLC, Selmer
Farm, LLC, Mulberry Farm, LLC, CID Solar, LLC, Cottonwood Solar, LLC,
Pavant Solar LLC.
    Description: Quarterly Land Acquisition Report of Dominion
Resources Services, Inc.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5288.
    Comments Due: 5 p.m. ET 8/21/15.

    Docket Numbers: LA15-2-000.
    Applicants: Adelanto Solar, LLC, Adelanto Solar II, LLC, Ashtabula
Wind, LLC, Ashtabula Wind II, LLC, Ashtabula Wind III, LLC, Backbone
Mountain Windpower, LLC, Baldwin Wind, LLC, Bayswater Peaking Facility,
LLC, Blackwell Wind, LLC, Butler Ridge Wind Energy Center, LLC,
Cimarron Wind Energy, LLC, Crystal Lake Wind, LLC, Crystal Lake Wind
II, LLC, Crystal Lake Wind III, LLC, Day County Wind, LLC, Desert
Sunlight 250, LLC, Desert Sunlight 300, LLC, Diablo Winds, LLC, Elk
City Wind, LLC, Elk City II Wind, LLC, Energy Storage Holdings, LLC,
Ensign Wind, LLC, ESI Vansycle Partners, L.P., Florida Power & Light
Company, FPL Energy Burleigh County Wind, LLC, FPL Energy Cabazon Wind,
LLC, FPL Energy Cape, LLC, FPL Energy Cowboy Wind, LLC, FPL Energy
Green Power Wind, LLC, FPL Energy Hancock County Wind, LLC, FPL Energy
Illinois Wind, LLC, FPL Energy Marcus Hook, L.P., FPL Energy MH50,
L.P., FPL Energy Montezuma Wind, LLC, FPL Energy Mower County, LLC, FPL
Energy New Mexico Wind, LLC, FPL Energy North Dakota Wind, LLC, FPL
Energy North Dakota Wind II, LLC, FPL Energy Oklahoma Wind, LLC, FPL
Energy Oliver Wind I, LLC, FPL Energy Oliver Wind II, LLC, FPL Energy
Sooner Wind, LLC, FPL Energy South Dakota Wind, LLC, FPL Energy
Stateline II, Inc. FPL Energy Vansycle, LLC, FPL Energy Wyman, LLC, FPL
Energy Wyman IV, LLC, Garden Wind, LLC, Genesis Solar, LLC, Gray County
Wind Energy, LLC, Hatch Solar Energy Center I, LLC, Hawkeye Power
Partners, LLC, High Majestic Wind Energy Center, LLC, High Majestic
Wind II, LLC, High Winds, LLC, Jamaica Bay Peaking Facility, LLC, Lake
Benton Power Partners II, LLC, Langdon Wind, LLC, Limon Wind, LLC,
Limon Wind II, LLC, Limon Wind III,

LLC, Logan Wind Energy LLC, Mammoth Plains Wind Project, LLC, Mantua
Creek Solar, LLC, McCoy Solar, LLC, Meyersdale Windpower LLC, Mill Run
Windpower, LLC, Minco Wind, LLC, Minco Wind II, LLC, Minco Wind III,
LLC, Minco Wind Interconnection Services, LLC, Mountain View Solar,
LLC, NEPM II, LLC, NextEra Energy Duane Arnold, LLC, NextEra Energy
Montezuma II Wind, LLC, NextEra Energy Point Beach, LLC, NextEra Energy
Power Marketing, LLC, NextEra Energy Seabrook, LLC, NextEra Energy
Services Massachusetts, LLC, Northeast Energy Associates, LP, North
Jersey Energy Associates, A Limited Partnership, North Sky River
Energy, LLC, Northern Colorado Wind Energy, LLC, Osceola Windpower,
LLC, Osceola Windpower II, LLC, Palo Duro Wind Energy, LLC, Palo Duro
Wind Interconnection Services, LLC, Paradise Solar Urban Renewal,
L.L.C., Peetz Table Wind Energy, LLC, Pennsylvania Windfarms, LLC,
Perrin Ranch Wind, LLC, Pheasant Run Wind, LLC, Red Mesa Wind, LLC,
Seiling Wind, LLC, Seiling Wind II, LLC, Seiling Wind Interconnection
Services, LLC, Shafter Solar, LLC, Sky River LLC, Somerset Windpower,
LLC, Steele Flats Wind Project, LLC, Story Wind, LLC, Tuscola Bay Wind,
LLC, Tuscola Wind II, LLC, Vasco Winds, LLC, Waymart Wind Farm, L.P.,
Wessington Wind Energy Center, LLC, White Oak Energy LLC, Wilton Wind
II, LLC, Windpower Partners 1993, LLC.
    Description: Quarterly Land Acquisition Report of the NextEra
Companies.
    Filed Date: 7/31/15.
    Accession Number: 20150731-5301.
    Comments Due: 5 p.m. ET 8/21/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 3, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-19419 Filed 8-6-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Notices]
[Pages 4845-4848]
[FR Doc No: 2012-2021]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66241]

Order Granting Application by BOX Options Exchange LLC for a
Conditional Exemption Pursuant to Section 36(a) of the Exchange Act
From Certain Requirements of Rules 6a-1 and 6a-2 Under the Exchange Act

January 26, 2012.

I. Introduction

    On December 19, 2011, BOX Options Exchange LLC (the ``Applicant'')
submitted to the Securities and Exchange Commission (``Commission'') an
application on Form 1 under the Securities Exchange Act of 1934
(``Exchange Act'') to register as a national securities exchange.\1\ In
addition, the Applicant, pursuant to Rule 0-12 \2\ under the Exchange
Act, has requested an exemption under Section 36(a)(1) of the Exchange
Act \3\ from certain requirements of Rules 6a-1(a) and 6a-2 under the
Exchange Act.\4\ This order grants the Applicant's request for
exemptive relief, subject to the satisfaction of certain conditions,
which are outlined below.
---------------------------------------------------------------------------

    \1\ On December 28, 2011, the Applicant submitted Amendment No.
1 to its Form 1 application. Amendment No. 1, among other things,
provides the unconsolidated financial statements for certain
affiliates of the Applicant that are required in Exhibit D to Form 1
but were not included in the Applicant's initial Form 1 application.
In its initial Form 1 application, the Applicant only submitted
consolidated financials for certain of these affiliates. See
Securities Exchange Act Release No. 66242 (January 26, 2012)
(publishing for notice and comment the Applicant's Form 1
application, as amended, to register as a national securities
exchange).
    \2\ 17 CFR 240.0-12.
    \3\ 15 U.S.C. 78mm(a)(1).
    \4\ 17 CFR 240.6a-1(a) and 6a-2. See letter from Lisa J. Fall,
General Counsel and Secretary, Boston Options Exchange Group LLC, to
Elizabeth Murphy, Secretary, Commission, dated December 16, 2011
(``Exemption Request'').

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

II. Application for Conditional Exemption From Certain Requirements of
Exchange Act Rules 6a-1 and 6a-2

A. Filing Requirements Under Exchange Act Rule 6a-1(a)

    Exchange Act Rule 6a-1(a) requires an applicant for registration as
a national securities exchange to file an application with the
Commission on Form 1. Exhibit C to Form 1 requires the applicant to
provide certain information with respect to each of its subsidiaries
and affiliates.\5\ For purposes of Form 1, an ``affiliate'' is ``[a]ny
person that, directly or indirectly, controls, is under common control
with, or is controlled by, the national securities exchange * * *
including any employees.'' \6\ Form 1 defines ``control'' as ``[t]he
power, directly or indirectly, to direct the management or policies of
a company, whether through ownership of securities, by contract, or
otherwise * * * .'' \7\ Form 1 provides, further, that any person that
directly or indirectly has the right to vote 25% or more of a class of
voting securities, or has the power to sell or direct the sale of 25%
or more of a class of voting securities, is presumed to control the
entity.\8\
---------------------------------------------------------------------------

    \5\ Specifically, Exhibit C requires the applicant to provide,
for each subsidiary or affiliate, and for any entity that operates
an electronic trading system used to effect transactions on the
exchange: (1) The name and address of the organization; (2) the form
of organization; (3) the name of the state and statute citation
under which it is organized, and the date of its incorporation in
its present form; (4) a brief description of the nature and extent
of the affiliation; (5) a brief description of the organization's
business or function; (6) a copy of the organization's constitution;
(7) a copy of the organization's articles of incorporation or
association, including all amendments; (8) a copy of the
organization's by-laws or corresponding rules or instruments; (9)
the name and title of the organization's present officers,
governors, members of all standing committees, or persons performing
similar functions; and (10) an indication of whether the business or
organization ceased to be associated with the applicant during the
previous year, and a brief statement of the reasons for termination
of the association.
    \6\ Form 1 Instructions, Explanation of Terms, 17 CFR 249.1.
    \7\ Id.
    \8\ Id.
---------------------------------------------------------------------------

    Exhibit D to Form 1 requires an applicant for exchange registration
to provide unconsolidated financial statements for the latest fiscal
year for each subsidiary or affiliate. Exhibit D requires the financial
statements to include, at a minimum, a balance sheet and an income
statement with such footnotes and other disclosures as are necessary to
avoid rendering the financial statements misleading. Exhibit D
provides, in addition, that if any affiliate or subsidiary of the
applicant is required by another Commission Rule to submit annual
financial statements, a statement to that effect, with a citation to
the other Commission rule, may be provided in lieu of the financial
statements required in Exhibit D.
    A Form 1 application is not considered filed until all necessary
information, including financial statements and other required
documents, have been furnished in the proper form.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 202.3(b)(2). See also 17 CFR 240.0-3(a). Defective
Form 1 applications ``may be returned with a request for correction
or held until corrected before being accepted as a filing.'' See 17
CFR 202.3(b)(2). See also Securities Exchange Act Release No. 40760
(Dec. 8, 1998), 63 FR 70844, 70881 (Dec. 22, 1998) (``Regulation ATS
Adopting Release'').
---------------------------------------------------------------------------

B. Filing Requirements Under Exchange Act Rule 6a-2

    Exchange Act Rule 6a-2(a)(2) requires a national securities
exchange to update the information provided in Exhibit C within 10 days
of any action that causes the information provided in Exhibit C to
become inaccurate or incomplete. In addition, Exchange Act Rule 6a-
2(b)(1) requires a national securities exchange to file Exhibit D on or
before June 30 of each year, and Exchange Act Rule 6a-2(c) requires a
national securities exchange to file Exhibit C every three years.

C. Exemption Request

    On December 19, 2011, the Applicant requested that the Commission
grant an exemption under Section 36 of the Exchange Act, subject to the
conditions set forth below, from the requirement under Exchange Act
Rule 6a-1 to file the information requested in Exhibits C and D to Form
1 for the ``Foreign Indirect Affiliates,'' as defined below, of the
Applicant.\10\ In addition, the Applicant requested an exemption,
subject to certain conditions, with respect to the Foreign Indirect
Affiliates from the requirements under: (1) Exchange Act Rule 6a-
2(a)(2) to amend Exhibit C within 10 days if the information in Exhibit
C becomes inaccurate or incomplete; and (2) Exchange Act Rule 6a-
2(b)(1) and (c) to file periodic updates to Exhibits C and D.
---------------------------------------------------------------------------

    \10\ See Exemption Request, supra note 4.
---------------------------------------------------------------------------

    MX US 2, Inc., a Delaware corporation, would hold a 20% voting
interest and a 40% equity interest in the Applicant. MX US 2, Inc. also
would hold a 53.83% interest in BOX Holdings LLC, which would be the
100% owner of BOX Market, which would own and operate the Boston
Options Exchange options trading platform as a facility of the
Applicant.\11\ MX US 2, Inc. is a wholly owned subsidiary of MX US 1,
Inc., a Delaware corporation. MX US 1, Inc. is a wholly owned
subsidiary of Bourse de Montreal, Inc., a Canadian corporation. Bourse
de Montreal, Inc. is a wholly owned subsidiary of TMX Group, Inc., a
Canadian corporation. According to the Applicant, the parent ownership
structure of MX US 1, Inc. is comprised entirely of foreign entities,
Bourse de Montreal, Inc. and TMX Group, Inc. (the ``Foreign Direct
Affiliates''), which in turn own interests, either directly or
indirectly, of 25 percent or more in a number of other foreign entities
(the ``Foreign Indirect Affiliates'').\12\
---------------------------------------------------------------------------

    \11\ MX US 2, Inc. currently holds a 53.83% interest in the
Boston Options Exchange Group, LLC, a facility of NASDAQ OMX BX,
Inc.
    \12\ See Exemption Request, supra note 4, at 3-4.
---------------------------------------------------------------------------

    Because of the limited and indirect nature of its connection to the
Foreign Indirect Affiliates, the Applicant believes that the corporate
and financial information of the Foreign Indirect Affiliates required
by Exhibits C and D of Form 1 would have little relevance to the
Commission's review of the Applicant's Form 1 application or to the
Commission's ongoing oversight of the Applicant as a national
securities exchange if the Commission were to approve the Applicant's
Form 1 application.\13\ In this regard, the Exemption Request states
that the Foreign Indirect Affiliates have no ability to influence the
management, policies, or finances of the Applicant and no obligation to
provide funding to, or ability to materially affect the funding of, the
Applicant.\14\ The Exemption Request also states that (1) the Foreign
Indirect Affiliates have no ownership interest in the Applicant or in
any of the controlling shareholders of the Applicant; and (2) there are
no commercial dealings between the Applicant and the Foreign Indirect
Affiliates.\15\ Further, the Exemption Request states that obtaining
detailed corporate and financial information with respect to the
Foreign Indirect Affiliates (1) is unnecessary for the protection of
investors and the public interest and (2) would be unduly burdensome
and inefficient because these affiliates are located in foreign
jurisdictions and the disclosure of such information could implicate
foreign information sharing restrictions in such jurisdictions.\16\
---------------------------------------------------------------------------

    \13\ Id. at 4.
    \14\ Id.
    \15\ Id.
    \16\ Id. The Applicant also believes that providing the
information required by Exhibits C and D with respect to the Foreign
Indirect Affiliates could raise confidentiality concerns because
many of the Foreign Indirect Affiliates are not public companies.
Id.

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

    As a condition to the granting of exemptive relief, the Applicant
has agreed to provide: (i) A listing of the names of the Foreign
Indirect Affiliates; (ii) an organizational chart setting forth the
affiliation of the Foreign Indirect Affiliates and the Foreign Direct
Affiliates and the Applicant; and (iii) in Exhibit C of the Applicant's
Form 1 application, a description of the nature of the Foreign Indirect
Affiliates' affiliation with the Foreign Direct Affiliates and the
Applicant. In addition, as a condition to the granting of exemptive
relief from the requirements of Exchange Act Rule 6a-2(a)(2), 6a-
2(b)(1), and 6a-2(c), as described above, the Applicant has agreed to
provide amendments to the information required under conditions (i)
through (iii) above on or before June 30th of each year. Further, the
Applicant notes that it will provide the information required by
Exhibits C and D for all of its affiliates other than the Foreign
Indirect Affiliates, including the Foreign Direct Affiliates.\17\
---------------------------------------------------------------------------

    \17\ See Exemption Request, supra note 4, at 4.
---------------------------------------------------------------------------

III. Order Granting Conditional Section 36 Exemption

    Section 6 of the Exchange Act \18\ sets forth a procedure for an
exchange to register as a national securities exchange.\19\ Exchange
Act Rule 6a-1(a)\20\ requires an application for registration as a
national securities exchange to be filed on Form 1 in accordance with
the instructions in Form 1. A Form 1 application is not considered
filed until all necessary information, including financial statements
and other required documents, have been furnished in the proper
form.\21\ Exchange Act Rule 6a-2 establishes ongoing requirements to
file certain amendments to Form 1.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f.
    \19\ Specifically, Section 6(a) of the Exchange Act states that
``[a]n exchange may be registered as a national securities exchange
* * * by filing with the Commission an application for registration
in such form as the Commission, by rule, may prescribe containing
the rules of the exchange and such other information and documents
as the Commission, by rule, may prescribe as necessary or
appropriate in the public interest or for the protection of
investors.'' Section 6 of the Exchange Act also sets forth various
requirements to which a national securities exchange is subject.
    \20\ 17 CFR 240.6a-1(a).
    \21\ 17 CFR 202.3(b)(2). See also supra note 9.
---------------------------------------------------------------------------

    Section 36(a)(1) of the Exchange Act provides that ``the
Commission, by rule, regulation, or order, may conditionally or
unconditionally exempt any person, security, or transaction, or any
class or classes of persons, securities, or transactions, from any
provision or provisions of [the Exchange Act] or of any Rule or
regulation thereunder, to the extent that such exemption is necessary
or appropriate in the public interest, and is consistent with the
protection of investors.''\22\
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78mm(a)(1).
---------------------------------------------------------------------------

    For the reasons discussed below, the Commission believes that it is
appropriate in the public interest and consistent with the protection
of investors to exempt the Applicant from the requirement under
Exchange Act Rule 6a-1 to provide the information required in Exhibits
C and D to Form 1 with respect to the Foreign Indirect Affiliates,
subject to the following conditions:
    (1) The Applicant must provide a list of the names of the Foreign
Indirect Affiliates;
    (2) The Applicant must provide an organizational chart setting
forth the affiliation of the Foreign Indirect Affiliates and the
Foreign Direct Affiliates and the Applicant; and
    (3) As part of Exhibit C to the Applicant's Form 1 Application, the
Applicant must provide a description of the nature of the affiliation
between the Foreign Indirect Affiliates and the Foreign Direct
Affiliates and the Applicant.
    The Commission believes, further, that it is appropriate in the
public interest and consistent with the protection of investors to
exempt the Applicant, with respect to the Foreign Indirect Affiliates,
from the requirements under: (a) Exchange Act Rule 6a-2(a)(2) to amend
Exhibit C within 10 days of any action that renders the information in
Exhibit C inaccurate or incomplete; (b) Exchange Act Rules 6a-2(c) to
provide periodic updates of Exhibit C; and (c) Exchange Act Rules 6a-
2(b)(1) to provide periodic updates of Exhibit D, subject to the
condition that the Applicant provides amendments to the information
required under conditions (1) through (3) above on or before June 30th
of each year.
    As part of an application for exchange registration, the
information included in Exhibits C and D is designed to help the
Commission make the determinations required under Sections 6(b) and
19(a) of the Exchange Act with respect to the application. The updated
Exhibit C and D information required under Exchange Act Rule 6a-2 is
designed to help the Commission exercise its oversight responsibilities
with respect to registered national securities exchanges.
    Specifically, Exhibit D is designed to provide the Commission with
information concerning the financial status of an exchange and its
affiliates and subsidiaries,\23\ and Exhibit C provides the Commission
with the names and organizational documents of these affiliates and
subsidiaries.\24\ Such information is designed to help the Commission
determine whether an applicant for exchange registration would have the
ability to carry out its obligations under the Exchange Act, and
whether a registered national securities exchange continues to have the
ability to carry out its obligations under the Exchange Act.
---------------------------------------------------------------------------

    \23\ See Securities Exchange Act Release No. 18843 (June 25,
1982), 47 FR 29259 (July 6, 1982) (proposing amendments to Form 1);
see also Form 1, 17 CFR 249.1, and supra Section II.A.
    \24\ Form 1, 17 CFR 249.1. See also supra note 5.
---------------------------------------------------------------------------

    Since the most recent amendments to Form 1 in 1998,\25\ many
registered national securities exchanges that previously were member-
owned organizations with few affiliated entities have demutualized.
Some of these demutualized exchanges have been consolidated under
holding companies with numerous affiliates that, in some cases, have
only a limited and indirect connection to the registered national
securities exchange, with no ability to influence the management or
policies of the registered exchange and no obligation to fund, or to
materially affect the funding of, the registered exchange. The
Commission believes that, for these affiliated entities, the
information required under Exhibits C and D would have limited
relevance to the Commission's review of an application for exchange
registration or to its oversight of a registered exchange.
---------------------------------------------------------------------------

    \25\ See Regulation ATS Adopting Release, supra note 9.
---------------------------------------------------------------------------

    Based on the Applicant's representations, the indirect nature of
the relationship between the Applicant and the Foreign Indirect
Affiliates, and the information that the Applicant will provide with
respect to the Foreign Direct Affiliates and the Foreign Indirect
Affiliates, the Commission believes that it will have sufficient
information to review the Applicant's Form 1 application and to make
the determinations required under Sections 6(b) and 19(a) of the
Exchange Act with respect to its application for registration as a
national securities exchange.\26\ The Commission believes, further,
that it would have the information necessary

to oversee the Applicant's activities as a national securities exchange
if the Commission were to approve the Applicant's Form 1 application.
In particular, the Commission notes that the Applicant has represented
that it would have no direct connection to the Foreign Indirect
Affiliates, that the Foreign Indirect Affiliates would have no ability
to influence the management or policies of the Applicant, and that the
Foreign Indirect Affiliates would have no obligation to fund, or
ability to materially affect the funding of, the Applicant. In
addition, the Commission notes that the Applicant represented that: (1)
The Foreign Indirect Affiliates have no ownership interest in the
Applicant or in any of the controlling equity holders of the Applicant;
and (2) there are no commercial dealings between the Applicant and the
Foreign Indirect Affiliates.\27\ The Commission also believes that,
based on the Applicant's representations, it could be burdensome for
the Applicant to obtain detailed corporate and financial information
with respect to the Foreign Indirect Affiliates because these
affiliates are located in foreign jurisdictions and the disclosure of
such information could implicate foreign information sharing
restrictions in such jurisdictions.\28\
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78f(b) and 78s(a). Section 6(b) of the Exchange
Act enumerates certain determinations that the Commission must make
with respect to an exchange before registering the exchange as a
national securities exchange. The Commission will not register an
exchange as a national securities exchange unless it is satisfied
that the exchange meets these requirements. See Regulation ATS
Adopting Release, supra note 9, at IV.B.
    \27\ See Exemption Request, supra note 4, at 4.
    \28\ See id.
---------------------------------------------------------------------------

    Given the limited and indirect relationship between the Applicant
and the Foreign Indirect Affiliates and the location of the Foreign
Indirect Affiliates in foreign jurisdictions, as described above, the
Commission believes that the detailed corporate and financial
information required in Exhibits C and D with respect to the Foreign
Indirect Affiliates is unnecessary for the Commission's review of the
Applicant's Form 1 application and would be unnecessary for the
Commission's oversight of the Applicant as a registered national
securities exchange following any Commission approval of its Form 1
application.
    For the reasons discussed above, the Commission finds that the
conditional exemptive relief requested by the Applicant is appropriate
in the public interest and is consistent with the protection of
investors.
    It is ordered, pursuant to Section 36 of the Exchange Act,\29\ and
subject to the conditions described above, that the Applicant is exempt
from the requirements to: (1) include in its Form 1 application the
information required in Exhibits C and D to Form 1 with respect to the
Foreign Indirect Affiliates; and (2) with respect to the Foreign
Indirect Affiliates, update the information in Exhibits C and D to Form
1 as required by Exchange Act Rules 6a-2(a)(2), 6a-2(b)(1), and 6a-
2(c).
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78mm.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-2021 Filed 1-30-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Page 23531]
[FR Doc No: 2016-09206]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77634; File No. SR-ICEEU-2016-004]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Designation of Longer Period for Commission Action on Proposed Rule
Change Relating to Additions to Permitted Cover

April 15, 2016.
    On February 10, 2016, ICE Clear Europe Limited (``ICE Clear
Europe'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\
proposed rule changes to provide additional categories of securities,
including treasury bills and floating and inflation-linked government
bonds (the ``Additional Permitted Cover'') to ICE Clear Europe to
satisfy certain margin requirements. The proposed rule change was
published for comment in the Federal Register on March 2, 2016.\3\ To
date, the Commission has not received comments on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-77234 (Feb. 25,
2015), 81 FR 10949 (Mar. 2, 2016) (SR-ICEEU-2016-004).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day from the publication of notice of filing of this proposed rule
change is April 16, 2016. The Commission is extending the 45-day time
period for Commission action on the proposed rule change. In order to
provide the Commission with sufficient time to consider the proposed
rule change, the Commission finds it is appropriate to designate a
longer period within which to take action on the proposed rule change.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates May 31, 2016, as the date by which the Commission
should either approve or disapprove, or institute proceedings to
determine whether to disapprove, the proposed rule change (File No. SR-
ICEEU-2016-004).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Brent J. Fields,
Secretary.
[FR Doc. 2016-09206 Filed 4-20-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Notices]
[Page 55063]
[DOCID:fr24se08-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-1531-000]

Alabama Power Company; Notice of Filing

September 17, 2008.
    Take notice that on September 12, 2008, Southern Company Services,
acting as agent for Alabama Power Company, filed an amended
Interconnection Agreement with Tenaska Alabama Partners, L.P., pursuant
to section 205(d) of the Federal Power Act, 18 CFR
35.13(a)(2)(iii)(2008) of the Commission's regulations and the
settlement agreement filed in ER07-902 et al.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 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
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    Comment Date: 5 p.m. Eastern Time on October 3, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-22281 Filed 9-23-08; 8:45 am]

BILLING CODE 6717-01-P