[Federal Register: October 29, 2010 (Volume 75, Number 209)]
[Notices]
[Page 66757-66759]
[DOCID:fr29oc10-65]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2010-0828; FRL-9218-8]

Stakeholder Input; Listening Session Seeking Suggestions for
Improving the Next National Pollutant Discharge Elimination System
(NPDES) General Permit for Discharges Incidental to the Normal
Operation of Vessels

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is announcing plans to
hold a ``listening session'' on December 15, 2010 to obtain suggestions
from the public for improving the next Vessel General Permit (VGP). The
listening session will be held in the EPA East Building, 1201
Constitution Ave., NW., Room 1153, Washington, DC 20004. The VGP is a
Clean Water Act NPDES permit that authorizes, on a nationwide basis,
discharges incidental to the normal operation of vessels as specified
in Part 1.2.2 of the 2008 VGP. EPA seeks the views of the interested
public on the requirements currently contained in the 2008 VGP, and any
changes or additions recommended for the next VGP. The 2008 VGP expires
on December 19, 2013 and EPA has begun the process of developing the
next VGP.

DATES: The listening session will be held in Washington DC on December
15, 2010. If you would prefer to provide written comments, EPA is
asking for comments or relevant information from the interested public
to be submitted to the docket on or before December 31, 2010.

ADDRESSES: Submit your statements or input, identified by Docket ID No.
EPA-HQ-OW-2010-0828 by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-
OW-2010-0828.
     Mail: Water Docket Environmental Protection Agency,
Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
Attention Docket ID No. OW-2010-0828.
     Hand Delivery: Water Docket, EPA Docket Center, EPA West
Building Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460,
ID No. EPA-HQ-OW-2010-0828. Such deliveries are only accepted during
the Docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2010-
0828. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Water Docket, EPA/
DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC.
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
Water Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For further information on the
``listening session,'' contact Shirley Fan at tel.<PHONE_NUMBER> or e-
mail<EMAIL_ADDRESS>For further information on the
VGP, please contact Robin Danesi at<PHONE_NUMBER>, Ryan Albert at (202)
564-0763 or e-mail<EMAIL_ADDRESS>    Public Listening Session: EPA will hold a public listening session
to gather opinions from the public on changes or additions recommended
for the next VGP. Written and oral statements will be accepted at the
public listening session. Input generated from the public listening
session will be compiled and archived in Docket ID No. EPA-HQ-OW-2010-
0828 found at http://www.regulations.gov. The public listening session
will begin with an EPA discussion of the background of the current VGP.
    The date and time of the listening session is December 15, 2010, 9
a.m. to 5 p.m. The listening session will conclude early if all
comments are heard. The listening session will be held at EPA HQ
Office, EPA East Building, 1201 Constitution Ave., NW., Room 1153,
Washington, DC 20004.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    Today's notice does not contain or establish any regulatory
requirements. Rather, it announces a public listening session and seeks
recommendations to improve the next VGP.
    Today's notice will be of interest to the general public, State
permitting agencies, other Federal agencies, technology vendors and
owners or operators of non-recreational vessels that may have
discharges incidental to their normal operation. These vessel types may
include, but are not limited to, barges, tugs, cruise ships, commercial
fishing vessels, tankers, and ferries.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information on a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not

contain the information claimed as CBI must be submitted for inclusion
in the public docket. Information so marked will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the notice by docket number and other identifying
information (subject heading, Federal Register date, and page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a specific
section number in the VGP.
     Explain why you agree or disagree; suggest alternatives;
and provide reasons for your suggested alternatives.
     Describe any assumptions and provide any technical
information and/or data that you used.
     Provide specific examples to illustrate your concerns and
suggest alternatives.
     Explain your views as clearly as possible.
    Make sure to submit your comments by the comment period deadline
identified. You may submit your comments electronically, by mail,
through hand delivery/courier, or in person by attending the public
listening session being held on December 15, 2010.

II. Background

    In order to help the public prepare for the listening session, the
following background information is provided. Please note that the
information presented in this section is in summary form; for more
detail, please consult the VGP and supporting documents [available at
http://www.epa.gov/npdes/vessels].

Summary of 2008 VGP Requirements

A. Who is Subject to the 2008 VGP?
    Vessels operating in a capacity as a means of transportation in the
waters of the U.S., except recreational vessels as defined in CWA
section 502(25) and vessels of the Armed Forces within the meaning of
CWA [section] 312, that have discharges incidental to their normal
operation are eligible for coverage under the VGP. With respect to (1)
commercial fishing vessels of any size as defined in 46 U.S.C. 2101 and
(2) those non-recreational vessels that are less than 79 feet in
length, the coverage under the VGP is limited to ballast water
discharges only and these vessels generally do not require permit
coverage for other discharges. ``Waters of the U.S.'' is defined in EPA
regulations to mean certain inland waters and the territorial sea,
which extends three miles from the baseline. Note that the Clean Water
Act (CWA) does not require NPDES permits for vessels or other floating
craft operating as a means of transportation beyond the territorial
seas, i.e., in the contiguous zone or ocean as defined by the CWA
sections 502(9), (10). See CWA section 502(12) and 40 CFR 122.2
(definition of ``discharge of a pollutant''). The VGP, therefore, does
not apply in such waters.
B. What Does the 2008 VGP authorize?
    The 2008 VGP addresses 26 vessel discharge streams by establishing
effluent limits, including Best Management Practices (BMPs), to control
the discharge of the waste streams and constituents found in those
waste streams. The discharge streams eligible for coverage under this
final permit as specified in Part 1.2.2 of the VGP are: Deck washdown
and runoff and above water line hull cleaning; bilge water; ballast
water; anti-fouling leachate from anti-fouling hull coatings; aqueous
film forming foam (AFFF); boiler/economizer blowdown; cathodic
protection; chain locker effluent; controllable pitch propeller
hydraulic fluid and thruster hydraulic fluid and other oil sea
interfaces including lubrication discharges from paddle wheel
propulsion, stern tubes, thruster bearings, stabilizers, rudder
bearings, azimuth thrusters, and propulsion pod lubrication;
distillation and reverse osmosis brine; elevator pit effluent; firemain
systems; freshwater layup; gas turbine wash water; graywater; motor
gasoline and compensating discharge; non-oily machinery wastewater;
refrigeration and air condensate discharge; seawater cooling overboard
discharge; seawater piping biofouling prevention; small boat engine wet
exhaust; sonar dome discharge, underwater ship husbandry; welldeck
discharges; graywater mixed with sewage from vessels; and exhaust gas
scrubber wash water discharge.
    For each discharge type, among other things, the 2008 permit
establishes effluent limits pertaining to the constituents found in the
effluent, including BMPs designed to decrease the amount of
constituents entering the waste stream. A vessel might not produce all
of these discharges, but a vessel owner or operator is responsible for
meeting the applicable effluent limits and complying with all the
permit conditions for every listed discharge that the vessel produces.
C. Monitoring, Reporting, and Recordkeeping
    The 2008 VGP requires a routine visual inspection and monitoring of
all accessible areas of the vessel that the permit addresses. The
routine self-inspection must be documented in the ship's logbook or
other recordkeeping documentation. Analytical monitoring is required
for certain types of discharges. The VGP also requires comprehensive
annual vessel inspections, to ensure even the hard-to-reach areas of
the vessel are inspected for permit compliance. If the vessel is placed
in dry dock while covered under this permit, a dry dock inspection and
report must be completed. Additional monitoring requirements are
imposed on certain classes of vessels.
    Vessel owner/operators are required to keep the following records
on the vessel or accompanying tug as specified in Section 4.2 of the
2008 VGP: Owner/vessel information, voyage log, violation of any
effluent limit, log of deficiencies and problems found during routine
inspections conducted under Part 4.1.1 of the VGP, analytical results
for all monitoring conducted under 4.1.2, log of findings from annual
inspections conducted under Part 4.1.3, training records, and other
records required by the 2008 permit. Vessels with ballast tanks are
required to keep the following written information onboard: Total
ballast water information; ballast water management; information on
ballast water tanks that are to be discharged in waters subject to the
2008 permit or reception facility; and discharge of sediment.
    The 2008 VGP requires a one-time permit report between 30 and 36
months after obtaining permit coverage. Vessel owner/operators must
also report all instances of noncompliance with the VGP in an annual
noncompliance report. If a noncompliance may endanger health or the
environment, vessel owner/operators must report the noncompliance
within 24 hours to the appropriate EPA Regional Office, and follow up
with a written submission 5 days later.
D. Vessel Class-Specific Requirements
    The 2008 VGP imposes additional requirements for 8 specific classes
of vessels. These vessel types are medium cruise ships, large cruise
ships, large ferries, barges, oil or petroleum tankers, research
vessels, rescue boats, and vessels employing experimental ballast water
treatment systems. The permit requirements are designed to address the
discharges from features unique to those vessels, such as parking decks
on

ferries and overnight accommodations for passengers on cruise ships.

III. Request for Public Input and Comment

    Today's notice is being issued to inform the public that EPA is
beginning the process of developing the next VGP and to solicit comment
on recommended improvements. EPA is accepting information during the
listening session scheduled for December 15, 2010 and/or by submission
of written comments or relevant information in order to gain early
public input on improvements recommended for the next VGP.
    In addition to generally requesting recommended changes for any
aspect of the next VGP, in order to maximize the quality of the next
permit, EPA is specifically requesting comment on the following:
    (1) Were parts of the 2008 VGP confusing? Do certain sections need
to provide additional guidance?
    (2) Are there any guidances, supporting documentation, or other
communication strategies that you would recommend EPA develop to help
vessel owner/operators better understand and comply with the next VGP?
If so, please suggest your approaches.
    (3) Did the 2008 VGP accurately identify and capture all the
categories of discharges incidental to the normal operation of a vessel
in the vessel universe? Are there additional discharge categories EPA
should explore for the next VGP?
    (4) Are there effluent limitations or best management practices in
the 2008 VGP you would recommend revising and if so, what are your
suggestions and why do you suggest making those revisions?
    (5) Are there reporting, monitoring, and inspection requirements
you would recommend revising, and if so, what are your suggestions? Are
there additional forms or guidances EPA should consider in assisting
permittees in meeting their reporting, monitoring, and inspections
requirements?
    (6) Did EPA accurately identify and capture additional requirements
needed for specific vessel classes and if not, what are your
suggestions? Are there additional specific vessel classes EPA should
explore for the next VGP and why?
    (7) Are there additional Federal, State, or international permits,
rules, or guidances EPA should consider using to inform decisions for
the next VGP and why?

    Dated: October 21, 2010.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. 2010-27452 Filed 10-28-10; 8:45 am]
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[Federal Register: August 3, 2007 (Volume 72, Number 149)]
[Notices]
[Page 43310-43312]
[DOCID:fr03au07-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56169; File No. SR-NYSE-2007-69]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to an Information Memorandum That Reflects the Changes to
Disciplinary Proceedings at NYSE Regulation, Inc. as a Result of the
Regulatory Consolidation With the National Association of Securities
Dealers, Inc.

July 30, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 26, 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 the
NYSE. The NYSE has designated the proposed rule change as constituting
a stated policy, practice, or interpretation with respect to the
meaning, administration, or enforcement of an existing rule of the
self-regulatory organization under section 19(b)(3)(A)(i) of the Act
\3\ and Rule 19b-4(f)(1) thereunder,\4\ which renders the proposal

effective upon receipt of this filing by 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)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    This filing consists of an NYSE Regulation, Inc. (``NYSE
Regulation'') Information Memo that reflects the changes to
disciplinary proceedings at NYSE Regulation as a result of the
regulatory consolidation with the National Association of Securities
Dealers, Inc (``NASD''). The text of the proposed rule change,
including the Information Memo, is available on the NYSE's Web site
(http://www.nyse.com), at the principal office of the NYSE, and at the

Commission's Public Reference Room.

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

    In its filing with the Commission, the NYSE 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 NYSE 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 November 28, 2006, NYSE Regulation and NASD announced a plan to
consolidate their member regulation operations into a combined
organization, which will be known as the Financial Industry Regulatory
Authority (``FINRA''). FINRA will be the sole U.S. private-sector
provider of member firm regulation for securities firms that conduct
business with the public (the ``Transaction''). The purpose of this
filing is to submit to the Commission an Information Memo concerning
changes to disciplinary proceedings at NYSE Regulation because of the
Transaction.
    As explained in the Information Memo, FINRA will incorporate
certain NYSE rules that pertain to member conduct, including rules
relating to financial and operational standards of member
organizations, books and records, and other non-trading functions of
firms (``NYSE Member Firm Rules'').\5\ However, NASD will not be
incorporating NYSE Rules 475, 476, and 476A, which are the Exchange's
rules that govern disciplinary procedures at the Exchange (the ``NYSE
Disciplinary Rules'').
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    \5\ NASD's incorporation of the NYSE Member Firm Rules is the
subject of SR-NASD-2007-054. See Securities Exchange Act Release No.
56147 (July 26, 2007). Pursuant to Section 17(d) of the Act and Rule
17d-2 thereunder, FINRA and NYSE Regulation have agreed on a plan to
allocate regulatory responsibility relating to the NYSE Member Firm
Rules to FINRA (the ``17d-2 Agreement''). See Securities Exchange
Act Release No. 56148 (July 26, 2007) (File No. 4-544).
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    In particular, in connection with the Transaction, certain staff
and functions of NYSE Regulation's Division of Enforcement will
transfer to FINRA, which will assume responsibility for all
investigations and disciplinary proceedings relating to violations of
NYSE Member Firm Rules by NYSE member organizations and members.
However, whether FINRA will conduct existing NYSE Regulation
Enforcement actions pursuant to FINRA Code of Procedure or the NYSE
Disciplinary Rules will depend on the status of the investigation as of
the closing date.\6\
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    \6\ In connection with the Transaction, the Exchange has filed
with the Commission a proposed rule filing to amend NYSE Rule 2 to
require FINRA membership as a prerequisite to becoming an NYSE
member organization. See SR-NYSE-2007-67. In addition, NASD has
filed with the Commission amendments to its membership requirements
to provide for a waive-in process to approve current NYSE member
organizations that are not also NASD members (``NYSE-only member
organizations'') as FINRA members. See SR-NASD-2007-56. If these two
filings are approved and NYSE-only member organizations are then
approved as FINRA members, FINRA will be responsible for
disciplinary proceedings described herein pursuant to the 17d-2
Agreement. In that interim period before the two filings are
approved, FINRA will have authority to conduct disciplinary
proceedings relating to the NYSE Member Firm Rules pursuant to a
Regulatory Services Agreement among FINRA, NYSE Regulation, and the
NYSE (the ``RSA'').
    Prior to the date that an NYSE-only member organization is
approved as a FINRA member, it will continue to be subject to NYSE
Regulation disciplinary procedures. Accordingly, whether NYSE
Regulation or FINRA procedures will govern disciplinary proceedings
will be based on the date that the NYSE-only member organization is
approved as a FINRA member, and not on the closing date.
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    The Information Memo advises NYSE members and member organizations
how NYSE Regulation disciplinary actions will be handled following the
close of the Transaction. In particular, the Information Memo explains
how the status of the investigation as of the closing date will govern
which procedures will apply to a particular investigation, as follows:
    If NYSE Regulation asserted jurisdiction over an individual or
member organization pursuant to NYSE Rule 477 before the closing date
of the Transaction, for those investigations relating to NYSE Member
Firm Rules, depending on the date of termination from the industry,
FINRA may have jurisdiction after the closing date of the Transaction
to continue any investigation noticed in such letter and to bring a
disciplinary proceeding at the conclusion of such investigation if it
is deemed appropriate. If FINRA does not have jurisdiction, FINRA may
continue to investigate such matters, but any resulting disciplinary
proceedings will be subject to the NYSE Disciplinary Rules.\7\
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    \7\ FINRA will have the authority to conduct such disciplinary
proceedings pursuant to the RSA.
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    The applicable disciplinary rules and forum for any disciplinary
proceedings that may result from a current NYSE Regulation
investigation will depend on whether NYSE Regulation has already filed
a Charge Memorandum or Stipulation of Facts and Consent to Penalty
(``Stipulation and Consent'') as of the closing date of the
Transaction.
    If NYSE Regulation has filed a Charge Memorandum or Stipulation and
Consent as of the date of the closing, such matter (including any later
appeals) will be adjudicated in accordance with the NYSE Disciplinary
Rules and before the NYSE Hearing Board. Pursuant to the RSA, NYSE
Regulation staff who will be transferring to FINRA may continue to
participate in such proceedings.
    If NYSE Regulation has not filed a Charge Memorandum or Stipulation
and Consent as of the date of the closing in connection with an
investigation relating to NYSE Member Firm Rules, the matter (including
any later appeals) would be adjudicated by FINRA, pursuant to the FINRA
(currently NASD) Code of Procedure, which includes FINRA's Acceptance,
Waiver, and Consent process.
    NYSE Hearing Board decisions that have been, or could be, appealed
under NYSE Rule 476 will be addressed pursuant to the current NYSE
disciplinary rules. Matters initiated by FINRA pursuant to its Code of
Procedure following the closing date, even if initiated as the result
of an investigation that began at NYSE Regulation, would be appealed in
accordance with FINRA's rules and procedures for such appeals.
    The applicable rule and forum for summary proceedings that are
currently adjudicated pursuant to NYSE Rule 475 will depend on whether
NYSE Regulation has notified the person or entity in writing of the
summary action before the date of closing. If the

notification in writing has occurred before the date of closing, the
matter will be adjudicated pursuant to NYSE Disciplinary Rules. If no
such notification has occurred, the matter will be addressed by FINRA,
pursuant to FINRA rules.
    Minor violations of Member Firm Rules that are currently
adjudicated under NYSE Rule 476A (Imposition of Fines for Minor
Violation(s) of Rules) (also known as summary fines) will be handled as
follows: If a summary fine notice relating to any violation, including
violations of Member Firm Rules, is issued before the date of closing,
the matter will be adjudicated pursuant to NYSE rules. With respect to
matters arising after the date of closing, NASD expects to file a rule
change to modify its Minor Rule Violation Plan (``MRVP'') to include
the NYSE Member Firm Rules that, as of the date of such filing, are
listed in NYSE Rule 476A. If the Commission approves that filing, after
the closing, FINRA will be authorized to impose fines under FINRA's
MRVP for minor violations by dual members of the NYSE Member Firm Rules
enumerated in FINRA's MRVP.\8\
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    \8\ Pending approval of SR-NASD-2007-55, FINRA will have the
authority to impose MRVP fines that relate to the NYSE Member Firm
Rules pursuant to the RSA.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of section 6 \9\ of the Act \10\ in general and
furthers the objectives of section 6(b)(5) \11\ in particular, in that
it is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78a.
    \11\ 15 U.S.C. 78f(b)(5).
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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 rule change has become effective pursuant to section
19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(1) \13\ thereunder
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 such 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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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(1).
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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-NYSE-2007-69 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-2007-69. 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 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-2007-69 and should be
submitted on or before August 24, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E7-15096 Filed 8-2-07; 8:45 am]

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