[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Rules and Regulations]
[Pages 32662-32666]
[FR Doc No: 2014-13229]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0922; FRL-9910-50]

Sodium Bisulfate; Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of sodium bisulfate when used as an inert
ingredient in antimicrobial formulations on food contact surfaces in
public eating places, dairy processing equipment and food processing
equipment and utensils at no more than 2,000 ppm in final formulation.
Exponent on behalf of Ecolab, Inc. submitted a petition to EPA under
the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting
establishment of an exemption from the requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of sodium bisulfate.

DATES: This regulation is effective June 6, 2014. Objections and
requests for hearings must be received on or before August 5, 2014, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2012-0922, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The 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 Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPP Docket is<PHONE_NUMBER>. Please review
the visitor instructions and additional information about the docket
available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Lois Rossi, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; 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 are an
agricultural producer, food manufacturer, or pesticide manufacturer.
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:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2012-0922 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
August 5, 2014. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2012-0922, 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 CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 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.

II. Petition for Exemption

    In the Federal Register of January 16, 2013 (78 FR 3377) (FRL-9375-
4), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the filing of a pesticide petition (PP IN-10526) by
Ecolab, Inc., 370 N. Wabasha Street, St. Paul, MN 55102. The petition
requested that 40 CFR 180.940(a) be amended by establishing an
exemption from the requirement of a tolerance for residues of sodium
bisulfate (CAS Reg. No. 7681-38-1) when used as an inert ingredient in
antimicrobial pesticide formulations applied to food contact surfaces
in public eating places, dairy processing equipment and food processing
equipment and utensils at no more than 2,000 ppm in final formulation.
That document referenced a summary of the petition prepared by
Exponent, 1150 Connecticut Ave. NW., Suite 1100, Washington, DC 20036,
the petitioner, which is available in the docket, http://www.regulations.gov.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .''
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will

result from aggregate exposure to the inert ingredient, an exemption
from the requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for sodium bisulfate including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with sodium bisulfate
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by sodium bisulfate as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies are discussed in this
unit.
    The acute oral toxicity of sodium bisulfate is low. The acute oral
LD50 in male rats was 2,800 mg/kg. It was minimally
irritating to the rabbit's skin and mildly irritating to the eyes. An
acute inhalation study was available with sodium sulfate. Inhalation
toxicity was not observed at 0.01 mg/l (the only dose tested). No
dermal toxicity or dermal sanitization studies were available in the
database.
    Due to the lack of data for sodium bisulfate, both human metabolic
processes and toxicity data for sodium sulfate were used for the risk
characterization. Both sodium bisulfate and sodium sulfate readily
undergo hydrolysis and dissociate to sodium ions and sulfate ions in
the body.
    Sodium sulfate was administered to male Sprague-Dawley rats at a
dietary concentration of 0.84% (approximately 320-400 mg/kg/day) for 27
and 44 weeks. There was no mortality, tumors, body weight change or
significant changes in food and/or water consumption. The NOAEL was
~320-400 mg/kg/day. In another study, male Sprague-dawley rats were
given in diet 0.0, 0.125, 0.250, 0.5, 1 and 2% sodium sulfate
(approximately 0, 125, 250, 500, 1,000 and 2,000 mg/kg/day) for 4
weeks. No changes in food and water consumption, body weight gain, food
conversion efficiency, urine production or diarrhea. Blood hemoglobin,
white blood count, serum alkaline phosphatase, inorganic phosphate and
gross organ pathology were also unaffected. The NOAEL was 2,000 mg/kg/
day (highest dose tested). A LOAEL was not observed in this study.
    Sodium sulfate showed no mutagenic effect in the Ames test using
various strains of S. typhimurium (TA1535, TA1537, TA100, TA98) both
with and without S9 activation.
    No carcinogenicity studies were available in the database. The
National Toxicology Program (NTP), International Agency for Research on
Cancer (IARC), and Occupational Safety & Health Administration (OSHA)
have not listed sodium bisulfate as a carcinogen. A DEREK analysis was
performed on sodium bisulfate and no structural alerts were detected.
EPA concluded that sodium bisulfate is unlikely to pose a carcinogenic
risk to humans based on lack of mutagenicity concerns for sodium
sulfate, lack of any structural alerts for carcinogenicity, lack of any
systemic toxicity at doses up to 2,800 mg/kg/day, and its metabolism to
form a sulfate which is natural constituent present in the body.
    Sodium sulfate was included in a test of a method for rapid
assessment of teratogenicity. Pregnant ICR/SIM mice were given a
saturated aqueous solution of sodium sulfate orally by gavage to
deliver a dose of 2,800 mg/kg/day on days 8-12 of gestation. No
maternal deaths occurred and the average maternal weight gain during
the treatment period was not significantly different from that of
water-treated controls. Twenty-four litters were delivered alive, and
none were resorbed. The mean numbers of neonates delivered alive and
dead in each litter and the survival of neonates on day 3 were not
statistically significantly different from those of controls. Only body
weight on day 1 was statistically significantly greater than that of
controls. The maternal and developmental NOAEL = 2,800 mg/kg bw, the
only dose tested.
    No immunotoxicity, neurotoxicity or reproductive toxicity studies
were available in the database.
    Sodium bisulfate mammalian metabolism is essentially that of the
sodium cation and sulfate anion. As previously noted, when sodium
bisulfate is added to food products containing water or after ingestion
of sodium bisulfate it ionizes to sodium ions, hydrogen ions and
sulfate ions. Following ingestion, sulfate anions are predominantly not
absorbed from the gastrointestinal tract and are excreted unchanged in
urine. However, the sulfate anion is a normal constituent in the body,
predominantly resulting from the body's metabolism of sulfur-containing
food sources such as foods containing the essential amino acids
cysteine and methionine. Sulfate anions are vital components in a
number of human biosynthetic pathways such as cartilage production and
the formation of pancreatic digestive enzymes. Additionally, the
sulfate anion is also an important conjugate in the Phase II
conjugation/elimination of oxidized (OH) aromatic ring metabolites and
for hydroxyl steroid hormones, such as estrogen, where it acts as a
transport agent to target organ tissue receptors.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    There was no hazard identified in repeat dose developmental studies
at the limit dose of 2,800 mg/kg/day of sodium sulfate to either
parental animals or their offspring. No effects were seen in two
subchronic oral toxicity up to approximately 2,000 mg/kg/day of sodium
sulfate. Based on the metabolism of sodium bisulfate to sulfate and
sodium ions, both of which are essential components in the human

metabolic processes, there is a lack of toxicological concern. Thus,
due to its low potential hazard and lack of hazard endpoint, the Agency
has determined that a quantitative risk assessment using safety factors
applied to a point of departure protective of an identified hazard
endpoint is not appropriate.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to sodium bisulfate, EPA considered exposure under the
proposed exemption from the requirement of a tolerance (40 CFR
180.940(a)) such as food in contact with sanitized counters in public
eating places, utensils, dairy processing equipment and food processing
equipment as well as other uses which may result in dietary exposure.
    However, because no hazard was identified for the acute and chronic
dietary assessment (food and drinking water), or for the short-,
intermediate-, and long-term residential assessments, no quantitative
aggregate exposure assessments were performed.
    2. Dietary exposure from drinking water. Residues of sodium
bisuflate from uses in food contact sanitizing solutions, utensil,
dairy processing equipment and food processing equipment may enter
drinking water. However, because no hazard was identified for the acute
and chronic dietary assessment, or for the short-, intermediate-, and
long-term residential assessments as listed in this unit, no
quantitative aggregate exposure assessments were performed.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., textiles (clothing and diapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables).
    Residential (dermal and inhalation) exposure from food contact
surface sanitizing solutions for public eating places, dairy-processing
equipment, food-processing equipment and utensils are possible. Since
an endpoint for risk assessment was not identified, a quantitative
residential exposure assessment for sodium bisulfate was not conducted.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    EPA has not found sodium bisulfate to share a common mechanism of
toxicity with any other substances, and sodium bisulfate does not
appear to produce a toxic metabolite produced by other substances. For
the purposes of this tolerance action, therefore, EPA has assumed that
sodium bisulfate does not have a common mechanism of toxicity with
other substances. For information regarding EPA's efforts to determine
which chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    The toxicity database for sodium bisulfate is adequate for
assessment of risks to infants and children and the potential exposure
is adequately characterized given the low toxicity of the chemical and
formation of sulfate ion. No hazard was identified and there is no
residual uncertainty regarding prenatal and/or postnatal toxicity. No
acute or subchronic neurotoxicity studies are available, but there were
no clinical signs of neurotoxicity or any systemic toxicity observed in
the available database at doses up to 2,800 mg/kg/day. No
developmental, reproductive, or teratogenic effects were seen in the
available studies at doses up to and including 2,800 mg/kg/day.
    Based on this information, there is no concern at this time for
increased sensitivity to infants and children to sodium bisulfate when
used as an inert ingredient in pesticide formulations for food contact
surface sanitizing applications and a safety factor analysis has not
been used to assess risk. For the same reason, EPA has determined that
an additional safety factor is not needed to protect the safety of
infants and children.

E. Aggregate Risks and Determination of Safety

    Taking into consideration all available information on sodium
bisulfate, EPA has determined that there is a reasonable certainty that
no harm to any population subgroup, including infants and children,
will result from aggregate exposure to sodium bisulfate under
reasonable foreseeable circumstances. Therefore, the establishment of
an exemption from tolerance under 40 CFR 180.940(a) for residues of
sodium bisulfate when used as an inert ingredient in pesticide
formulations applied to food contact surface sanitizing solutions for
public eating places, dairy processing equipment, food processing
equipment and utensils at no more than 2,000 ppm in formulation, is
safe under FFDCA section 408.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is not establishing a numerical tolerance for residues of
sodium bisulfate in or on any food commodities. EPA is establishing a
limitation on the amount of sodium bisulfate that may be used in
pesticide formulations. The limitation will be enforced through the
pesticide registration process under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq. EPA will
not register any pesticide for sale or distribution that contains
greater than 2,000 ppm of sodium bisulfate in the pesticide
formulation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nation Food
and Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for sodium bisulfate.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.940(a) for sodium bisulfate (CAS Reg. No.
7681-38-1) when used as an inert ingredient in antimicrobial pesticide
formulations applied to food contact surface sanitizing solutions for
public eating places, dairy processing equipment, food processing
equipment and utensils at no more than 2,000 ppm in formulation.

VII. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under FFDCA section 408(d)
in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this final rule has
been exempted from review under Executive Order 12866, this final rule
is not subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This final rule does not contain
any information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: June 2, 2014.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.940, in the table in paragraph (a), alphabetically add
the following inert ingredient to read as follows:

Sec.  180.940  Tolerance exemptions for active and inert ingredients
for use in antimicrobial formulations (Food-contact surface sanitizing
solutions).

* * * * *
    (a) * * *

------------------------------------------------------------------------
       Pesticide chemical         CAS Reg. No.            Limits
------------------------------------------------------------------------

                              * * * * * * *
Sodium bisulfate...............       7681-38-1  When ready for use, the
                                                  end-use concentration
                                                  is not to exceed 2,000
                                                  ppm.

                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2014-13229 Filed 6-5-14; 8:45 am]
BILLING CODE 6560-50-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY                NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY
                              2565 PLYMOUTH ROAD
                        ANN ARBOR, MICHIGAN 48105-2498

                                   OFFICE OF
                               AIR AND RADIATION

MEMORANDUM

SUBJECT:	MOVES and NONROAD Code and Databases Used to Generate Inventories for Air Quality Modeling and National Inventories for the Tier 3 FRM

FROM:	Harvey Michaels and David Choi
		Assessment and Standards Division
		Office of Transportation and Air Quality

TO:		Docket:  EPA-HQ-OAR-2011-0135

DATE:		13 February 2014

The purpose of this memorandum is to transmit to the docket a DVD containing the MOVES and NONROAD code, databases, and related files that were used to produce the inventories of emissions from onroad vehicles and nonroad equipment used in the air quality modeling and the national inventories for the Tier 3 Motor Vehicle Emission and Fuel Standards.  The disk contains three folders, one with the MOVES files for the air quality modeling, one with the MOVES files for the national inventories, and one with the NONROAD files.  Table 1 lists the contents of the MOVES folder for the air quality modeling.  Table 2 lists the contents of the NONROAD folder.  Table 3 lists the contents of the MOVES folder for the national inventories. Each folder contains both files and subfolders.

Table 1.  Contents of folder MOVESAirQualityModeling
File or Folder
Description
MOVES Runs for T3 FRM AQM.docx
A document that provides detailed descriptions of the MOVES runs and the databases that support them.
CreateAndPopulateAmazonDirStructureSmokeMovesAbs2007base_20130130.plx
CreateAndPopulateAmazonDirStructureSmokeMovesTier3Frm2018Ctl_20130610.plx
CreateAndPopulateAmazonDirStructureSmokeMovesTier3Frm2018Ref_20130609.plx
CreateAndPopulateAmazonDirStructureSmokeMovesTier3Frm2030Ctl_20130604.plx
CreateAndPopulateAmazonDirStructureSmokeMovesTier3Frm2030Ref_20130603.plx
These Perl scripts set up the runs and document them the MOVES runs.
CreateBatchFilesForAmazonRunsSmokeMovesAbs2007base_20130130.plx
CreateBatchFilesForAmazonRunsSmokeMovesTier3Frm2018Ctl_20130610.plx
CreateBatchFilesForAmazonRunsSmokeMovesTier3Frm2018Ref_20130609.plx
CreateBatchFilesForAmazonRunsSmokeMovesTier3Frm2030Ctl_20130604.plx
CreateBatchFilesForAmazonRunsSmokeMovesTier3Frm2030Ref_20130603.plx
These Perl scripts create the batch files that execute and process the MOVES  runs.  They also document the code and default database for each run.
RepCnties2007PF2007CntyList146.txt
RepCnties2007PF2018CntyList146_ctl.txt
RepCnties2007PF2018CntyList146_ref.txt
RepCnties2007pf2030CntyList146_20130312_ctl.txt
RepCnties2007pf2030CntyList146_20130312_ref.txt
Lists of the representing county databases used for each run.
MOVES20121002f
The MOVES code
MovesCountyDatabases
All the CDBs used in these runs
movesdb20121002f.zip
MOVES default database used in the 2007 base run
movesdb20121002k_truncatedgfre.zip
MOVES default database used in the 2018 and 2030 reference and control runs
MovesRunSpecGeneratorFiles
Scripts and files used to generate MOVES runspecs and corresponding meteorology tables
MovesUserDatabases
The user databases specified in the runspecs

Table 2.  Contents of folder NONROADAirQualityModeling
File or Folder
Description
Abs2007BaseNr.bat
Tier3Frm2018CtlNr.bat
Tier3Frm2018RefNr.bat
Tier3Frm2030CtlNr.bat
Tier3Frm2030RefNr.bat
Batch files that copy special tables into the NCD and call the NMIM runspecs
Abs2007BaseNr.nrs
Tier3Frm2018CtlNr.nrs
Tier3Frm2018RefNr.nrs
Tier3Frm2030CtlNr.nrs
Tier3Frm2030RefNr.nrs
NMIM runspecs that specify the NMIM runs
NMIM20090504d.zip
NMIM code
NCD20101201a.zip
NMIM County Database (NCD)
Abs2007SpecialNcdTables
Tier3Frm2018CtlSpecialNcdTables
Tier3Frm2018RefSpecialNcdTables
Tier3Frm2030CtlSpecialNcdTables
Tier3Frm2030RefSpecialNcdTables
Fuels, meteorology, and representing county tables that are substituted for the defaults in the NCD.

Table 3.  Contents of folder MOVESNationalInventories
File or Folder
Description
CreateAndPopulateAmazonDirStructureMovesT3FRMctl2018stmo092313.plx
CreateAndPopulateAmazonDirStructureMovesT3FRMctl2030stmo092313.plx
CreateAndPopulateAmazonDirStructureMovesT3FRMctl2050stmo092313.plx
CreateAndPopulateAmazonDirStructureMovesT3FRMref2018stmo092313.plx
CreateAndPopulateAmazonDirStructureMovesT3FRMref2030stmo092313.plx
CreateAndPopulateAmazonDirStructureMovesT3FRMref2050stmo092313.plx
These Perl scripts set up the runs and document them the MOVES runs.
CreateBatchFilesForAmazonRunsT3FRMctl2018stmo092313.plx
CreateBatchFilesForAmazonRunsT3FRMctl2030stmo092313.plx
CreateBatchFilesForAmazonRunsT3FRMctl2050stmo092313.plx
CreateBatchFilesForAmazonRunsT3FRMref2018stmo092313.plx
CreateBatchFilesForAmazonRunsT3FRMref2030stmo092313.plx
CreateBatchFilesForAmazonRunsT3FRMref2050stmo092313.plx
These Perl scripts create the batch files that execute and process the MOVES  runs.  They also document the code and default database for each run.
MOVES20121002f
The MOVES code
movesdb20121002l_truncatedgfreim.zip
MOVES default database
MovesUserDatabases
The user databases specified in the runspecs
T3FRM_natinv_2018_1_template.mrs
T3FRM_natinv_2018_7_template.mrs
T3FRM_natinv_2030_1_template.mrs
T3FRM_natinv_2030_7_template.mrs
T3FRM_natinv_2050_1_template.mrs
T3FRM_natinv_2050_7_template.mrs
MOVES runspec templates used by the "CreateAndPopulate" scripts to create the runspecs for every state and month.

Attachment


[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Notices]
[Page 27303]
[FR Doc No: 2015-11546]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-1668-000 ]

Phoenix Energy Group, LLC; Supplemental Notice That Initial
Market-Based Rate Filing includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Phoenix Energy Group, LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is May 26, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 6, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-11546 Filed 5-12-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Notices]
[Pages 70962-70963]
[FR Doc No: 2010-29170]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0003; Notice 2]

General Motors Corporation, Grant of Petition for Decision of
Inconsequential Noncompliance

    General Motors Corporation (GM) has determined that certain Model
Year 2009 Chevrolet Cobalt and Pontiac G5 passenger cars did not fully
comply with paragraphs S4.3(c) and S4.3(d) of 49 CFR 571.110, Federal
Motor Vehicle Safety Standard (FMVSS) No. 110, Tire Selection and Rims,
for Motor Vehicles With a GVWR of 4,536 Kilograms (10,000 pounds) or
Less. GM has filed an appropriate report pursuant to 49 CFR Part 573,
Defect and Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), GM has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
    Notice of receipt of the petition was published with a 30-day
public comment period, on 2/9/2009, in the Federal Register (74 FR
6453). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System Web
site at: http:[sol][sol]www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2009-0003.''
    For further information on this decision, contact Mr. John
Finneran, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), Telephone<PHONE_NUMBER>,
Facsimile<PHONE_NUMBER>.
    Affected are approximately 6,619 model year 2009 Chevrolet Cobalt
and Pontiac G5 passenger cars built from April 2008 through November
12, 2008.
    Paragraph S4.3 of FMVSS No. 110 requires in pertinent part:

    S4.3 Placard. Each vehicle, except for a trailer or incomplete
vehicle, shall show the information specified in S4.3(a) through
(g), and may show, at the manufacturer's option, the information
specified in S4.3(h) and (i), on a placard permanently affixed to
the driver's side B-pillar. In each vehicle without a driver's side
B-pillar and with two doors on the driver's side of the vehicle
opening in opposite directions, the placard shall be affixed on the
forward edge of the rear side door. If the above locations do not
permit the affixing of a placard that is legible, visible and
prominent, the placard shall be permanently affixed to the rear edge
of the driver's side door. If this location does not permit the
affixing of a placard that is legible, visible and prominent, the
placard shall be affixed to the inward facing surface of the vehicle
next to the driver's seating position. This information shall be in
the English language and conform in color and format, not including
the border surrounding the entire placard, as shown in the example
set forth in Figure 1 in this standard. At the manufacturer's
option, the information specified in S4.3(c), (d), and, as
appropriate, (h) and (i) may be shown, alternatively to being shown
on the placard, on a tire inflation pressure label which must
conform in color and format, not including the border surrounding
the entire label, as shown in the example set forth in Figure 2 in
this standard. The label shall be permanently affixed and proximate
to the placard required by this paragraph. The information specified
in S4.3(e) shall be shown on both the vehicle placard and on the
tire inflation pressure label (if such a label is affixed to provide
the information specified in S4.3(c), (d), and, as appropriate, (h)
and (i)) may be shown in the format and color scheme set forth in
Figures 1 and 2. * * *
    (c) Vehicle manufacturer's recommended cold tire inflation
pressure for front, rear and spare tires, subject to the limitations
of S4.3.4. For full size spare tires, the statement ``see above''
may, at the manufacturer's option replace manufacturer's recommended
cold tire inflation pressure. If no spare tire is provided, the word
``none'' must replace the manufacturer's recommended cold tire
inflation pressure.
    (d) Tire size designation, indicated by the headings ``size'' or
``original tire size'' or ``original size,'' and ``spare tire'' or
``spare,'' for the tires installed at the time of the first purchase
for purposes other than resale. For full size spare tires, the
statement ``see above'' may, at the manufacturer's option replace
the tire size designation. If no spare tire is provided, the word
``none'' must replace the tire size designation; * * *

    In its petition, GM explained that the noncompliances with FMVSS
No. 110 exist due to errors in the vehicle tire and loading information
placards that it affixed to the vehicles. GM explains that

the subject vehicles were originally designed to be equipped with spare
tires as standard equipment. The vehicle owner's manuals and tire and
information placards included all required information associated with
the spare tire equipped vehicles. When a production change substituted
a Tire Sealant and Compressor Kit (inflator kit) for the spare tire,
the vehicle tire and information placards should have been revised to
comply with paragraphs S4.3(c) and S4.3(d) of FMVSS No. 110, but were
not.
    GM described the noncompliances as the following errors on the tire
and loading information placard:

    (1) The tire size designation shows a spare tire size
appropriate for the subject vehicles instead of the word ``none''.
    (2) The manufacturer's recommended cold tire inflation pressure
shows inflation pressure appropriate for the subject spare tire
instead of the word ``none''.

    GM also stated that all other information (front and rear tire size
designations and their respective cold tire inflation pressures as well
as seating capacity and vehicle capacity weight) on the subject
placards is correct and that it was not aware of any field or owner
complaints associated with these noncompliances.
    GM additionally stated that it believes that this noncompliance is
inconsequential to motor vehicle safety for the following reasons:

    (1) All information required for maintaining and/or replacing
the front and rear tires, as well as the seating capacity and
vehicle capacity weight are correct on the tire and loading
information placard on the subject vehicles.
    (2) The vehicle price label (a.k.a., the Monroney label) has the
correct information, whether the vehicle is equipped with an
inflator kit or a spare tire. Therefore, original purchase owners
should already know if their vehicle is equipped with an inflator
kit in place of a spare tire.
    (3) In addition to the FMVSS No. 138 required owner's manual
language of checking the inflation pressures of all tires including
the spare monthly, the owner's manual also recommends the owner to
check the tires including the compact spare once a month or more.
The tire information placard on the subject vehicles contains spare
tire size and recommended cold tire inflation pressure instead of
the word ``none'' as required by FMVSS No. 110. The inflator kit is
located in the same location where a spare tire would be for
vehicles ordered with an optional spare tire. Therefore, if an owner
were to look for the spare tire, he/she would find the inflator kit,
and realize that the vehicle is equipped with an inflator kit
instead of a spare tire.
    (4) In the event of a flat tire, the inflator kit serves the
purpose of getting back on the road. Since the inflator kit is
located in the same location as the spare tire, the customer should
have no problem finding it. The owner's manual provides the
instructions for using the inflator kit as well as installing the
spare tire. There is a label with instructions on the sealant
canister of the inflator kit as well.
    (5) The inflator kit includes a tire sealant canister, an air
compressor as well as a pressure gage in one unit. The inflator kit
can be used to inflate one or more tires regardless whether the
vehicle has a punctured tire or not. The sealant of the GM sealant
canister does not damage the TPMS pressure sensor, and the TPMS
continues to function.
    (6) OnStar e-mail service subscribers get monthly reminders on
tire pressure maintenance, including the recommended cold tire
inflation pressures and status of their tire pressures.
    (7) Risk to the public is negligible because the vehicle does
have an inflator kit.
    (8) GM is not aware of any incidents or injuries related to the
subject condition.

    GM also has informed NHTSA that it has corrected the problem that
caused these errors so that they will not be repeated in future
production.
    In summation, GM states that it believes that the noncompliances
are inconsequential to motor vehicle safety and that no corrective
action is warranted.

NHTSA Decision

    The agency agrees with GM that the noncompliances are
inconsequential to motor vehicle safety. The agency believes that the
true measure of inconsequentiality to motor vehicle safety in this case
is that there is no effect of the noncompliances on the operational
safety of the subject vehicles in which the vehicle tire and loading
information placards erroneously indicated that a spare tire was
available when, in fact, a tire inflator kit was installed in lieu of
the spare tire.
    In the agency's judgment, this noncompliance to FMVSS No. 110 will
have an inconsequential effect on motor vehicle safety because:
    In the event of a flat tire, the inflator kit serves the purpose of
getting back on the road. Since the inflator kit is located in the same
location as the spare tire, the customer should have no problem finding
it. The owner's manual provides the instructions for using the inflator
kit as well as installing a spare tire, should one become available.
There is a label with use instructions on the sealant canister of the
inflator kit as well.
    Additionally, all information required for maintaining and/or
replacing the front and rear tires (i.e., tire size designations and
their respective cold tire inflation pressures), as well as the seating
capacity and vehicle capacity weight are correct on the tire and
loading information placard on the subject vehicles.
    In consideration of the foregoing, NHTSA has decided that GM has
met its burden of persuasion that the subject FMVSS No. 10 labeling
noncompliances are inconsequential to motor vehicle safety.
Accordingly, GM's petition is granted and the petitioner is exempted
from the obligation of providing notification of, and a remedy for, the
subject noncompliance under 49 U.S.C. 30118 and 30120.

    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8).

    Issued on: November 15, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-29170 Filed 11-18-10; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: October 22, 2007 (Volume 72, Number 203)]
[Notices]
[Page 59526-59527]
[DOCID:fr22oc07-46]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12888-000]

BPUS Generation Development, LLC; Notice of Application Accepted
for Filing and Soliciting Motions To Intervene, Protests, and Comments

October 12, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12888-000.
    c. Date filed: July 30, 2007.
    d. Applicant: BPUS Generation Development, LLC.
    e. Name of Project: C. W. Bill Young Lock & Dam Hydroelectric
Project.
    f. Location: Allegheny River in Allegheny County, Pennsylvania. It
would use the U.S. Army Corps of Engineers' C. W. Bill Young Lock &
Dam.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Jeffrey M. Auser, P.E., BPUS Generation
Development, LLC, 225 Greenfield Parkway, Suite 201, Liverpool, NY
13088,<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Comments, protests, and interventions may be
filed electronically via the Internet in lieu of paper; see 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings. Please include the project number (P-12888-000) on
any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project using the U.S. Army
Corps of Engineers' C. W. Bill Young Lock & Dam and operated in a run-
of-river mode would consist of: (1) A new 125-foot long, 160-foot wide,
60-foot high concrete powerhouse; (2) a new intake channel and tailrace
channel on the north side of the river by removing a portion of the
fixed-crest dam near the north bank; (3) three turbine/generator units
with a combined installed capacity of 15 megawatts; (4) a new 6,500-
foot above ground transmission line extending from the switchyard near
the powerhouse to an interconnection point with an existing substation
located east of the powerhouse and dam; and (5) appurtenant facilities.
The proposed C. W. Bill Young Lock & Dam Project would have an average
annual generation of 93 gigawatt-hours.
    l. This filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket

number excluding the last three digits in the docket number field to
access the document. For assistance, call toll-free 1-866-208-3676 or
e-mail<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy
is also available for inspection and reproduction at the address in
item h above.
    m. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    n. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    r. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',

``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. An additional copy must be
sent to Director, Division of Hydropower Administration and Compliance,
Federal Energy Regulatory Commission, at the above-mentioned address. A
copy of any notice of intent, competing application or motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    s. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-20712 Filed 10-19-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67679-67680]
[FR Doc No: 2022-24440]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC23-21-000.
    Applicants: Wisconsin Public Service Corporation, Madison Gas and
Electric Company, Red Barn Energy, LLC.

    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Wisconsin Public Service Corporation, et
al.
    Filed Date: 11/2/22.
    Accession Number: 20221102-5156.
    Comment Date: 5 p.m. ET 12/19/22.

    Docket Numbers: EC23-22-000.
    Applicants: Patriot Hydro, LLC, Gauley River Power Partners, LLC,
Central Rivers Power Super Holdings Holdco, LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Central Rivers Power Super Holdings Holdco,
LLC, et al.
    Filed Date: 11/2/22.
    Accession Number: 20221102-5191.
    Comment Date: 5 p.m. ET 11/23/22.

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

    Docket Numbers: ER10-1852-071; ER10-1890-024; ER10-1951-048; ER10-
1962-024; ER11-2160-024; ER11-3417-014; ER11-4462-070; ER11-4677-023;
ER11-4678-024; ER12-199-021; ER12-631-025; ER12-676-019; ER12-2444-022;
ER13-1991-025; ER13-1992-025; ER13-2112-019; ER15-1016-016; ER15-1375-
018; ER15-1418-018; ER15-1883-018; ER15-2243-014; ER15-2477-017; ER16-
90-017; ER16-91-017; ER16-632-017; ER16-2443-013; ER17-582-016; ER17-
583-016; ER17-838-045; ER17-2340-014; ER19-1076-009; ER20-819-011;
ER20-2695-009; ER21-1580-006; ER21-1813-008; ER21-1814-008; ER21-2294-
006; ER22-1370-005; ER22-2552-002; ER22-2824-002; ER21-2304-006.
    Applicants: Arlington Solar, LLC, Yellow Pine Solar, LLC, Java
Solar, LLC, Sunlight Storage, LLC, Arlington Energy Center II, LLC,
Yellow Pine Energy Center II, LLC, Yellow Pine Energy Center I, LLC,
Sky River Wind, LLC, Mohave County Wind Farm LLC ,Blythe Solar III,
LLC, Windstar Energy, LLC, Golden Hills North Wind, LLC, NextEra Energy
Marketing, LLC, Whitney Point Solar, LLC, Westside Solar, LLC, NextEra
Blythe Solar Energy Center, LLC, Blythe Solar II, LLC, Blythe Solar
110, LLC, Golden Hills Interconnection, LLC, Golden Hills Wind, LLC,
Silver State Solar Power South, LLC, Adelanto Solar, LLC, Adelanto
Solar II, LLC, McCoy Solar, LLC, Shafter Solar, LLC, Genesis Solar,
LLC, Desert Sunlight 300, LLC, Desert Sunlight 250, LLC, North Sky
River Energy, LLC, Perrin Ranch Wind, LLC, Windpower Partners 1993,
LLC, Coram California Development, L.P., Vasco Winds, LLC, NextEra
Energy Montezuma II Wind, LLC, NEPM II, LLC, Alta Wind VIII, LLC, FPL
Energy Montezuma Wind, LLC, High Winds, LLC, NextEra Energy Services
Massachusetts, LLC, FPL Energy Green Power Wind, LLC, Florida Power &
Light Company.
    Description: Notice of Change in Status of Florida Power & Light
Company, et al.
    Filed Date: 10/31/22.
    Accession Number: 20221031-5403.
    Comment Date: 5 p.m. ET 11/21/22.

    Docket Numbers: ER23-350-000.
    Applicants: Morongo Transmission LLC.
    Description: Sec.  205(d) Rate Filing: Annual TRBAA Filing to be
effective 1/1/2023.
    Filed Date: 11/2/22.
    Accession Number: 20221102-5122.
    Comment Date: 5 p.m. ET 11/23/22.

    Docket Numbers: ER23-351-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2022-11-02_SA, 3425 Entergy
Arkansas-West Memphis Solar 1st Rev GIA (J934) to be effective 10/20/
2022.
    Filed Date: 11/2/22.
    Accession Number: 20221102-5134.
    Comment Date: 5 p.m. ET 11/23/22.

    Docket Numbers: ER23-352-000.
    Applicants: Blue Sky West, LLC.
    Description: Sec.  205(d) Rate Filing: Tariff Revisions to be
effective 11/3/2022.
    Filed Date: 11/2/22.
    Accession Number: 20221102-5146.
    Comment Date: 5 p.m. ET 11/23/22.

    Docket Numbers: ER23-353-000.
    Applicants: Evergreen Wind Power II, LLC.
    Description: Sec.  205(d) Rate Filing: Tariff Revisions to be
effective 11/3/2022.
    Filed Date: 11/2/22.
    Accession Number: 20221102-5148.
    Comment Date: 5 p.m. ET 11/23/22.

    Docket Numbers: ER23-354-000.
    Applicants: Hancock Wind, LLC.
    Description: Sec.  205(d) Rate Filing: Tariff Revisions to be
effective 11/3/2022.
    Filed Date: 11/2/22.
    Accession Number: 20221102-5149.
    Comment Date: 5 p.m. ET 11/23/22.

    Docket Numbers: ER23-355-000.
    Applicants: Mulberry Farm, LLC.
    Description: Sec.  205(d) Rate Filing: Tariff Revisions to be
effective 11/3/2022.
    Filed Date: 11/2/22.
    Accession Number: 20221102-5152.
    Comment Date: 5 p.m. ET 11/23/22.

    Docket Numbers: ER23-356-000.
    Applicants: Selmer Farm, LLC.
    Description: Sec.  205(d) Rate Filing: Tariff Revisions to be
effective 11/3/2022.
    Filed Date: 11/2/22.
    Accession Number: 20221102-5154.
    Comment Date: 5 p.m. ET 11/23/22.

    Docket Numbers: ER23-357-000.
    Applicants: Broad River Energy LLC.
    Description: Sec.  205(d) Rate Filing: Tariff Revisions to be
effective 11/3/2022.
    Filed Date: 11/2/22.
    Accession Number: 20221102-5159.
    Comment Date: 5 p.m. ET 11/23/22.

    Docket Numbers: ER23-358-000.
    Applicants: KMC Thermo, LLC.
    Description: Sec.  205(d) Rate Filing: Tariff Revisions to be
effective 11/3/2022.
    Filed Date: 11/2/22.
    Accession Number: 20221102-5160.
    Comment Date: 5 p.m. ET 11/23/22.

    Docket Numbers: ER23-359-000.
    Applicants: Townsite Solar, LLC.
    Description: Townsite Solar, LLC submits 2022 WECC Soft Price Cap
Justification Filing.
    Filed Date: 10/31/22.
    Accession Number: 20221031-5407.
    Comment Date: 5 p.m. ET 11/21/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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: November 3, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-24440 Filed 11-8-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 9, 2009 (Volume 74, Number 215)]
[Notices]
[Page 57718-57719]
[DOCID:fr09no09-92]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60910; File No. SR-CBOE-2009-083]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Change the Time at Which CBSX Opens for Trading From
8:15 a.m. Central Time to 8 a.m. Central Time

October 30, 2009.

    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 October 30, 2009, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Exchange filed the proposal as a ``non-controversial'' proposed
rule change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and
Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 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 expand, by 15 minutes, the CBOE Stock
Exchange (``CBSX'') hours of operation. The text of the proposed rule
change is available on the Exchange's Web site (http://www.cboe.org/
Legal), at the Exchange's Office of the Secretary and at the
Commission.

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 self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    CBSX proposes to amend Rule 51.2 to change the time at which CBSX
opens for trading from 8:15 a.m. Central Time to 8 a.m. Central Time.
The proposed change would be effective as of November 2, 2009. This
change has been requested by the CBSX Traders. Other U.S.-based
exchanges open for trading earlier than 8 a.m. Central Time, including
NASDAQ OMX PHLX.\5\
---------------------------------------------------------------------------

    \5\ See NASDAQ OMX PHLX Rule 101.
---------------------------------------------------------------------------

    The Exchange represents that the earlier start time will have no
implications for CBSX systems. Opening at 8 a.m. Central Time merely
extends by 15 minutes the ``pre-NMS'' trading window currently
available on CBSX between 8:15 and 8:30 Central Time. CBSX DPMs will
not be adversely affected because their quoting obligations do not
start until 8:30 a.m. Central Time. Lastly, the Exchange represents
that CBSX traders have been notified of the time change via circular.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') \6\ and the rules and
regulations thereunder and, in particular, the requirements of Section
6(b) of the Act.\7\ Specifically, the Exchange believes the proposed
rule change is consistent with the Section 6(b)(5) \8\ requirements
that the rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system, and, in

general, to protect investors and the public interest. Opening trading
earlier will permit investors greater opportunity to participate in the
market, thereby removing an impediment to trading.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(1).
    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition 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 neither solicited nor received comments on the
proposal.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder \10\ because
the proposal does not: (i) Significantly affect the protection of
investors or the public interest; (ii) impose any significant burden on
competition; and (iii) by its terms, become operative for 30 days from
the date on which it was filed, or such shorter time as the Commission
may designate if consistent with the protection of investors and the
public interest.\11\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Commission has waived the pre-filing requirement in
this case.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay period. The Commission hereby grants that request and
believes that such action is consistent with the protection of
investors and the public interest. The Exchange has represented that
the proposed earlier start time will not impact its systems or
adversely affect market participants whose quoting obligations do not
start until 8:30 a.m. Central Time.\12\ Moreover, the Commission notes
that the Exchange represents that it notified CBSX traders via circular
the proposed time change.\13\
---------------------------------------------------------------------------

    \12\ See CBOE Rule 53.56(a)(4).
    \13\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 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 proposed 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.\14\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-CBOE-2009-083 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2009-083. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2009-083 and should be
submitted on or before November 30, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-26876 Filed 11-6-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: November 13, 2007 (Volume 72, Number 218)]
[Notices]
[Page 63948-63950]
[DOCID:fr13no07-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56753; File No. SR-NYSE-2007-97]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Clarify That a Member Organization May Still Use the Express Consent
Procedure for Obtaining Consent From a Customer To Trade Along on an
Order-By-Order Basis Under Rule 92(b)

November 6, 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 October 31, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by NYSE.
The Exchange has designated this proposal as one constituting a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule under Section
19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1) thereunder,\4\ which
renders it effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(i).
    \4\ 17 CFR 240.19b-4(f)(1).

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

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

    The Exchange proposes to clarify the consent provisions for trading
along under NYSE Rule 92 in an NYSE Regulation, Inc. (``NYSE
Regulation'') Information Memo (``Information Memo''). The text of the
proposed rule change is available at NYSE, the Commission's Public
Reference Room, and http://www.nyse.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, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    On July 5, 2007, the Commission approved amendments to NYSE Rule 92
that, among other things, expanded the consent provisions for trading
along under Rule 92(b).\5\ Under the pre-amended version of the rule,
members or member organizations could trade along with a customer order
that could be executed at the same price so long as the customer had
given express permission, including an understanding of the relative
price and size of allocated execution reports (``express consent
procedure''). Under the express consent procedure, members or member
organizations needed to obtain and document such consent on an order-
by-order basis.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 56017 (July 5,
2007), 72 FR 38110 (July 12, 2007) (SR-NYSE-2007-21).
---------------------------------------------------------------------------

    As amended, a member or member organization can trade along with a
customer order under Rule 92(b) so long as the member organization
``periodically provides written disclosures to its customers and
obtains and documents affirmative consent'' (``affirmative consent
procedure''). Because the affirmative consent procedure is broader than
the express consent procedure, the Exchange did not keep the text of
the express consent procedure in the rule.
    As explained in the Information Memo, in expanding the consent
procedures under Rule 92(b), the Exchange did not intend to prohibit
the use of the express consent procedure for obtaining trade-along
consent in a given instance. The Information Memo clarifies that a
member organization may still use the express consent procedure for
obtaining consent from a customer to trade along on an order-by-order
basis under Rule 92(b). Accordingly, if a customer does not want to
provide blanket affirmative consent, a member organization may still
obtain consent on an order-by-order basis to trade along with an order
from that customer.
    In addition, the Information Memo advises member organizations of a
recent NYSE Regulation Hearing Panel decision concerning the express
consent procedure. In that decision, a member organization was fined
for failing to adhere to principles of good business practice because
it did not record both the customer contact name and the percentage
split when documenting whether a customer provided trade-along consent
under the Rule 92(b) express consent procedure.\6\ The Information Memo
informs member organizations that NYSE Regulation considers the failure
to document the contact name of the person who provided the express
consent to be a violation not only of NYSE Rule 401, but of NYSE Rule
92 as well.
---------------------------------------------------------------------------

    \6\ See In re Merrill Lynch, Pierce, Fenner & Smith
Incorporated, NYSE Hearing Board Decision 07-005 (January 12, 2007).
---------------------------------------------------------------------------

    The Information Memo also addresses the September 30, 2007 deadline
that was part of the original filing. The purpose of that deadline was
to provide member organizations with a grace period to make the written
disclosures required under amended Rule 92. That three-month grace
period provided firms with the opportunity to use the new affirmative
consent process immediately upon approval of the amended rule, even
before their written disclosures were finalized, so long as the process
of making written disclosures and documenting the orally-provided
consents was completed by September 30, 2007. Because the grace period
has expired, member organizations must provide written disclosures to
their customers and document the customers' affirmative consents before
they may trade along with such customers.\7\
---------------------------------------------------------------------------

    \7\ In addition, the Information Memo answers inquiries that
NYSE Regulation has received from a number of member organizations
regarding the scope and application of amended Rule 92(b). That
portion of the Information Memo is not subject to this rule filing.
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \8\ that an Exchange have rules that
are 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    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

    The foregoing proposed rule change has become effective pursuant to
Section 19(b)(3)(A)(i) of the Act \9\ and subparagraph (f)(1) of Rule
19b-4 thereunder,\10\ because it constitutes a stated policy, practice,
or interpretation with respect to the meaning, administration, or
enforcement of an existing rule. At any time within 60 days of the
filing of the proposed rule change, the Commission 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(i).
    \10\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml
); or

     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2007-97 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-2007-97. 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, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the 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-2007-97 and should be submitted on or before December 4, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-22099 Filed 11-9-07; 8:45 am]

BILLING CODE 8011-01-P