[Federal Register: October 31, 2006 (Volume 71, Number 210)]
[Rules and Regulations]
[Page 63694-63696]
[DOCID:fr31oc06-7]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2005-0557e; FRL-8225-7]

Revisions to the California State Implementation Plan, Yolo-
Solano Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the Yolo-Solano Air
Quality Management District (YSAQMD) portion of the California State
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on February 1, 2006 and concern volatile organic compound
(VOC) emissions from organic liquid storage and transfer facilities. We
are approving YSAQMD Rule 2.21 that regulates these emission sources
under the Clean Air Act as amended in 1990 (CAA or the Act).

EFFECTIVE DATE:  This rule is effective on November 30, 2006.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2005-0557e for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne

Street, San Francisco, California. While all documents in the docket
are listed in the index, some information may be publicly available
only at the hard copy location (e.g., copyrighted material), and some
may not be publicly available in either location (e.g., CBI). To
inspect the hard copy materials, please schedule an appointment during
normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, EPA Region IX, at
either<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

I. Proposed Action

    On February 1, 2006 (71 FR 5172), EPA took direct final action with
a concurrent proposal to approve the following rule into the California
SIP.

----------------------------------------------------------------------------------------------------------------
              Local agency                    Rule                Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD..................................         2.21  Organic Liquid Storage &            09/14/05     10/20/05
                                                        Transfer.
----------------------------------------------------------------------------------------------------------------

    We took direct final action to approve this rule because we
determined that it complied with the relevant CAA requirements and we
did not expect adverse public comment. Our direct final action contains
more information on this rule and our evaluation.
    However, we did receive adverse public comments on our direct final
approval action. Consequently, we withdrew our direct final action on
April 11, 2006 (see 71 FR 18219). Our February 1, 2006 concurrent
proposed action (see 71 FR 5211) provides the basis for today's final
action.

II. Public Comments and EPA Responses.

    EPA's proposed action provided a 30-day public comment period.
During this period, we received a comment from David Moralez, a private
citizen, in a letter dated March 3, 2006, sent and received via
electronic mail March 3, 2006.
    Mr. Moralez said that by approving into the SIP the September 14,
2005 amendments to Rule 2.21, EPA will remove two provisions, Section
502.4 concerning annual bulk plant compliance monitoring and Section
607 specifying a test method for determining bulk plant compliance with
Section 309.1's vapor recovery standard; thereby relaxing significantly
existing SIP requirements.
    Regarding the SIP relaxation issue, we acknowledge that an annual
compliance testing requirement, in Section 502.4, and its related test
method, in Section 607, is being removed from the SIP. However, we
disagree that removing these provisions represent a significant or
problematic relaxation of the SIP.
    Bulk plants are required to maintain continuous compliance with the
Section 309 requirements and these requirements are unchanged. Under
the provisions of Section 309, either CARB or YSAQMD may require a bulk
plant recertify or retest a vapor recovery system at any time using CP-
202 ``Certification Procedure for Vapor Recovery Systems of Bulk
Plants'', TP-202.1 ``Determination of Emission Factor of Vapor Recovery
Systems of Bulk Plants,'' or Executive Order G-846 ``Screening Test
Procedures for Certification of Gasoline Bulk Vapor Recovery Systems''.
    Furthermore, at any time, YSAQMD may inspect a bulk plant using the
test methods described in Sections 605 and 608. Section 605 includes
test methods for determining leaks and whether or not a bulk plant
meets the ``gas tight'' requirements of Section 309.2. Section 608
describes several test methods for determining vapor recovery system
efficiency, including a reference to the applicable CARB Executive
Orders needed to determine compliance and an annual compliance check
using a static pressure decay test.
    Should a bulk plant fail any of these tests, YSAQMD can order the
source to do further compliance testing using either the methods in the
rule, or TP-202.1. In turn, YSAQMD can request that CARB recertify the
source, using either CARB E.O. G-846, or CP-201 once any corrective
repairs have been made.
    In sum, we have reviewed Rule 2.21's bulk plant requirements, the
test methods remaining within the rule, related CARB Executive orders,
as well as CARB and YSAMQD legal authority and find that the rule is
enforceable with adequate provisions to determine compliance despite
the removal of Sections 502.4 and 607. Consequently, we find that the
YSAQMD amendments to Rule 2.21 are consistent with the Clean Air Act,
section 110(l) and do not significantly relax the SIP.
    Mr. Moralez also commented that EPA did not follow its guidance in
proposing to approve Rule 2.21. First, the 2004 SIP approved rule
included an annual source testing requirement consistent with federal
guidance, Control Technique Guideline (CTG) document EPA-450/77-035.
Second, deleting CARB test method TP-202.1 (formerly within Section
607) from the SIP approved rule does not meet EPA guidance requiring
that SIP rules specify all sampling and analysis methods needed to
determine compliance with the rule.
    We examined the CTG entitled ``Guideline Series: Control of
Volatile Organic Compound Emissions from Bulk Plants,'' EPA-450/2-77-
035, December 1977 and found that this CTG does not contain an annual
source (compliance) test requirement consistent with the mass balance
methodology cited in Section 502.4 using California Air Resources Board
(CARB) test method TM-202.1. Furthermore, we found no reference within
the CTG to any annual source test requirement of any kind.
Consequently, removing Section 502.4 from the rule and the SIP does not
make the rule inconsistent with the CTG and the requirements of Section
182(c)(3) of the CAA.
    Regarding Mr. Moralez's assertion that the rule does not include
all sampling and analysis methods needed to determine compliance, as we
discussed earlier, we believe that existing test methods and compliance
checks within the rule are adequate to determine compliance and enforce
Section 309's bulk plant requirements.
    Finally, Mr. Moralez asserted several times that YSAQMD's action to
amend Rule 2.21 and remove Section 502.4 and Section 607 is unsupported
and, consequently, EPA cannot approve it.
    However, we found that YSAQMD's amendments are supported
adequately, allowing EPA consideration of this SIP submittal. The
YSAQMD's August 10, 2005 staff report and September 13, 2005 addendum
to its staff report explain its revisions to the rule. The September
13, 2005 addendum to the staff report addressed the amendments to the
rule concerning bulk plants and Mr. Moralez's comments to the YSAQMD,
in particular. These rule amendments and supporting material received
adequate public notice and were duly adopted by the YSAQMD governing
board.

III. EPA Action

    No comments were submitted that change our assessment that the
submitted rule complies with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
this rule into the California SIP. On January 22, 2004 (69 FR 3012), we
published a limited approval and limited disapproval of YSAQMD Rule
2.21 as adopted locally on June 12, 2002 and submitted by the State on
August 6, 2002. This disapproval action started a sanctions clock for
imposition of offset sanctions on August 22, 2005 and highway sanctions
6 months later, pursuant to section 179 of the Clean Air Act (CAA) and
our regulations at 40 CFR 52.31. In our February 1, 2006 proposal, we
found that YSAQMD's September 14, 2005 revisions to Rule 2.21 corrected
the deficiencies identified in our limited disapproval action. Because
no comments were submitted that change our February 1, 2006 assessment
of Rule 2.21, all sanctions and Federal Implementation Plan obligations
associated with our January 22, 2004 limited disapproval of the rule
will be terminated on the effective date of this final rule approval
action.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not

contain any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).
    The Congressional Review Act, 5 U.S.C. 801 et seq, as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 2, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: July 24, 2006.
Alexis Strauss,
Acting Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(342)(i)(A) and
(c)(342)(i)(A)(1) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (342) * * *
    (i) * * *
    (A) Yolo-Solano Air Quality Management District.
    (1) Rule 2.21, adopted on March 23, 1994, and amended on September
14, 2005.
* * * * *
 [FR Doc. E6-18167 Filed 10-30-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60189-60190]
[FR Doc No: 2017-27371]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.
552b:

AGENCY HOLDING MEETING:  Federal Energy Regulatory Commission.

DATE AND TIME:  December 21, 2017, 10:00 a.m.

PLACE:  Room 2C, 888 First Street NE, Washington, DC 20426.

STATUS:  Open.

MATTERS TO BE CONSIDERED:  Agenda, *NOTE--Items listed on the agenda
may be deleted without further notice.

CONTACT PERSON FOR MORE INFORMATION:  Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>. For a recorded message listing items struck
from or added to the meeting, call<PHONE_NUMBER>.

    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's website at http://ferc.capitolconnection.org/ sing the
eLibrary link, or may be examined in the Commission's Public Reference
Room.

                                                 1038th--Meeting
                                [Regular Meeting; December 21, 2017, 10:00 a.m.]
----------------------------------------------------------------------------------------------------------------
        Item No.                     Docket No.                                    Company
----------------------------------------------------------------------------------------------------------------
                                                 ADMINISTRATIVE
----------------------------------------------------------------------------------------------------------------
A-1.....................  AD18-1-000......................  Agency Administrative Matters.
A-2.....................  AD18-2-000......................  Customer Matters, Reliability, Security and Market
                                                             Operations.
----------------------------------------------------------------------------------------------------------------
                                                    ELECTRIC
----------------------------------------------------------------------------------------------------------------
E-1.....................  RM18-2-000......................  Cyber Security Incident Reporting Reliability
                          AD17-9-000......................   Standards.
E-2.....................  RM17-3-000......................  Fast-Start Pricing in Markets Operated by Regional
                                                             Transmission Organizations and Independent System
                                                             Operators.
E-3.....................  EL18-33-000.....................  New York Independent System Operator, Inc.
E-4.....................  EL18-34-000.....................  PJM Interconnection, L.L.C.
E-5.....................  EL18-35-000.....................  Southwest Power Pool, Inc.
E-6.....................  ER18-208-000....................  Southwest Power Pool, Inc.
E-7.....................  ER17-2027-000, ER17-2027-001....  Southwest Power Pool, Inc.

E-8.....................  ER17-1741-000...................  Southwest Power Pool, Inc.
                          ER17-1741-001...................
E-9.....................  ER17-426-000, ER17-426-002......  Southwest Power Pool, Inc.
E-10....................  ER17-2097-001...................  Midcontinent Independent System Operator, Inc.
E-11....................  ER05-1056-010...................  Chehalis Power Generating, L.P.
E-12....................  ER17-192-002....................  Northern Maine Independent System Administrator,
                                                             Inc.
E-13....................  EL17-51-000, ER17-912-002.......  Arizona Public Service Company.
E-14....................  EL16-116-000, ER16-277-008, ER16- Talen Energy Marketing, LLC.
                           1456-009.
                          ER10-2432-014...................  Bayonne Plant Holding, L.L.C.
                          ER10-2435-014...................  Camden Plant Holding, L.L.C.
                          ER10-2442-012...................  Elmwood Park Power, LLC.
                          ER10-2444-014...................  Newark Bay Cogeneration Partnership, L.P.
                          ER10-3272-004...................  Lower Mount Bethel Energy, LLC.
                          ER10-2449-012...................  York Generation Company LLC.
                          ER16-2438-002...................  Pedricktown Cogeneration Company LP.
                          ER16-2439-002...................  H.A. Wagner LLC.
                          ER16-2440-002...................  Brandon Shores LLC.
----------------------------------------------------------------------------------------------------------------
                                                       GAS
----------------------------------------------------------------------------------------------------------------
G-1.....................  RP18-183-000....................  Enterprise Products Operating LLC and Tenaska
                                                             Marketing Ventures.
G-2.....................  RP17-851-000....................  Gulf South Pipeline Company, LP.
G-3.....................  RP17-848-000....................  Midcontinent Express Pipeline LLC.
G-4.....................  PR17-28-000.....................  Bay Gas Storage Company, Ltd.
G-5.....................  RP17-806-000....................  Discovery Gas Transmission LLC.
G-6.....................  RP17-990-000....................  Northern Natural Gas Company.
G-7.....................  RP18-167-000....................  Energy Corporation of America and Greylock
                                                             Production, LLC.
G-8.....................  OR17-21-000.....................  Grieve Pipeline, LLC.
----------------------------------------------------------------------------------------------------------------
                                                      HYDRO
----------------------------------------------------------------------------------------------------------------
H-1.....................  RM16-19-000.....................  Annual Charges for Use of Government Lands in
                                                             Alaska.
H-2.....................  P-2660-029......................  Woodland Pulp LLC.
H-3.....................  P-14796-000.....................  GreenGenStorage LLC.
H-4.....................  P-14837-001.....................  Advanced Hydropower, Inc.
H-5.....................  P-1256-032......................  Loup River Public Power District.
H-6.....................  P-1971-122......................  Idaho Power Company.
----------------------------------------------------------------------------------------------------------------
                                                  CERTIFICATES
----------------------------------------------------------------------------------------------------------------
C-1.....................  CP16-33-000.....................  Town of Walnut, Mississippi.
C-2.....................  CP13-83-000.....................  Arlington Storage Company, LLC.
C-3.....................  CP16-9-003......................  Algonquin Gas Transmission, LLC.
                          CP16-9-005, CP16-9-006, CP16-9-   Maritimes & Northeast Pipeline, L.L.C.
                           007.
----------------------------------------------------------------------------------------------------------------

     Dated: December 14, 2017.
Kimberly D. Bose,
Secretary.
    A free webcast of this event is available through http://ferc.capitolconnection.org/. Anyone with internet access who desires to
view this event can do so by navigating to www.ferc.gov's Calendar of
Events and locating this event in the Calendar. The event will contain
a link to its webcast. The Capitol Connection provides technical
support for the free webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://ferc.capitolconnection.org/ or contact
Danelle Springer or David Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

[FR Doc. 2017-27371 Filed 12-15-17; 11:15 am]
 BILLING CODE 6717-01-P


[Federal Register: September 2, 2009 (Volume 74, Number 169)]
[Notices]
[Page 45500-45502]
[DOCID:fr02se09-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60573; File No. SR-NYSE-2009-86]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Extending the Length of Time That Exchange Systems Transmit Odd-Lot
Order-by-Order Information to the DMM Unit Algorithm Prior to the
Opening Transaction From August 31, 2009 to October 31, 2009

August 26, 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 August 21, 2009, 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 and
II below, which Items have been prepared by the Exchange. The Exchange
designated the proposal eligible for immediate effectiveness pursuant
to Section 19(b)(3)(A) 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.
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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).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the length of time that Exchange
systems transmit odd-lot order-by-order information to the DMM unit
algorithm prior to the opening transaction from August 31, 2009 to
October 31, 2009. The text of the proposed rule change is available at
the Exchange, 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 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
    New York Stock Exchange LLC (``NYSE'' or the ``Exchange'') proposes
to extend the length of time that Exchange systems transmit odd-lot
order-by-order information to the DMM unit algorithm prior to the
opening transaction from August 31, 2009 to October 31, 2009.
    The Exchange notes that parallel changes are proposed to be made to
the rules of NYSE Amex LLC (formerly the American Stock Exchange).\5\
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    \5\ See SR-NYSE Amex-2009-58.
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Background
    On October 24, 2008, the Securities and Exchange Commission
(``SEC'' or ``Commission'') approved the operation of a pilot for the
Exchange's New Market Model (``Pilot'').\6\ As part of that filing, the
Exchange explained that although the Designated Market Maker (``DMM'')
would no longer receive order-by-order information, there would
continue to be certain times when human interaction was essential to
market quality and maintaining a fair and orderly market.
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    \6\ See Securities Exchange Act Release No. 58845 (October 24,
2008), 73 FR 64379 (October 29, 2008) (SR-NYSE-2008-46) (approving
certain rules to operate as a pilot scheduled to end October 1,
2009).
---------------------------------------------------------------------------

    Currently the DMM is responsible for facilitating the opening
transaction and ultimately determines the price,\7\ and executes the
orders at that price to open the trading in his or her assigned
securities. In order to effect a fair and orderly opening transaction,
the individual DMM is provided aggregate order information.\8\ DMMs
have access to aggregate order information as it pertains to round-lot
and odd-lot orders; however, the DMM unit algorithm receives odd-lot
information on an order-by-order basis prior to the opening
transaction. In order for the DMM unit algorithm to effectively
facilitate an opening transaction, the DMM unit algorithm is provided
odd-lot information prior to the opening. Constraints inherent to the
Odd-lot System require that odd-lot information be transmitted to the
DMM unit algorithm on an order-by-order basis prior to the opening. As
such, prior to the opening, Exchange systems transmit to the DMM unit
algorithm odd-lot order information \9\ excluding odd-lot
cancellations, Stop odd-lot orders and prior day Good 'til Cancel
(``GTC'') orders.\10\ Once the security is opened, Exchange systems do
not provide any order-by-order odd-lot information to the DMM unit
algorithm.
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    \7\ In an opening and reopening trade, NYSE's Display
Book[supreg] (``Display Book'') will verify that all interest that
must be executed in the opening or reopening trade can be executed
at the price chosen by the DMM. If all the interest that must be
executed in the transaction cannot be executed at that price, the
Display Book will block the execution. In addition, when executing
blocks (10,000 shares or more or value of $200,000 or more), trading
out of a gap quote situation or an Liquidity Replenishment Point
(``LRP'') that locks or crossed the market, the Display Book may
adjust the execution price if there is enough interest on the
Display Book to complete the transaction at a better price.
    The Display Book[supreg] is an order management and execution
facility. The Display Book receives and displays orders to the DMM,
contains order information, and provides a mechanism to execute and
report transactions and publish the results to the Consolidated
Tape. The Display Book is connected to a number of other Exchange
systems for the purposes of comparison, surveillance, and reporting
information to customers and other market data and national market
systems.
    \8\ See NYSE Rule 104(a)(2).
    \9\ See NYSE Rule 104 Supplementary Material .05.
    \10\ Odd-lot cancellations and GTC odd-lot orders are not
included because of system constraints. Stop odd-lot orders are
elected by the opening transaction which in turn commences the
execution of orders in the Odd-lot System. The Stop odd-lot orders
elected by the opening transaction are executed in the Odd-lot
system pursuant to the rule governing odd-lot executions. See NYSE
Rule 124(e).
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Proposed Amendment to NYSE Rule 104
    The Exchange anticipated that the work required to modify its
systems to transmit aggregate odd-lot information to DMM unit
algorithms would have been completed by August 31, 2009; however, after
the completion of several system modifications it is clear that the
Exchange will require an extension to October 31, 2009, in order to
complete these particular enhancements.
    Since the commencement of the Pilot, the Exchange has completed
several modifications to remove and enhance legacy systems. These
enhancements are necessary to provide the foundation needed for
Exchange systems to transmit aggregate odd-lot information to the DMM
unit algorithm prior to the opening transaction.\11\ The Exchange
continues to enhance its systems to create a strong platform for
technological growth that offers its customers the most comprehensive
set of trading technology solutions to meet their needs and
expectations. In furtherance of this goal, the Exchange must either
upgrade or replace in its entirety legacy systems that accept, manage,
execute and report executions.
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    \11\ See Securities and Exchange Act Release No. 59592 (March
17, 2009), 74 FR 12417 (March 24, 2009) (SR-NYSE-2009-29) (Filing
to, among other things, replace references to specific NYSE systems
that perform particular functions and replace it with the phrase
``Exchange systems'' in order to keep pace with the enhancements to
its technology).
---------------------------------------------------------------------------

    The extensive nature of the modifications requires the Exchange to
progressively implement these systemic changes on a security by
security basis as it gains experience with the new technology until the
new technology is operative in all securities traded on the Floor.
Consequently, the modifications have progressed at a slower pace than
initially anticipated. The next Exchange technology release will modify
Exchange systems such that odd-lot information will be provided to the
Display Book in aggregate prior to the opening transaction. Display
Book in turn will provide aggregate order information to the DMM unit
algorithm prior to the opening transaction to facilitate the ability of
the DMM unit algorithm to electronically open trading in certain
securities. It is anticipated that these modifications will be
completed no later than October 31, 2009.
    Given the above, the Exchange requests an extension to October 31,
2009, to complete the system modifications required to transmit
aggregate odd-lot information to the DMM unit algorithms prior to the
opening transaction.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Act'')
\12\ for these proposed rule changes is the requirement under Section
6(b)(5) \13\ 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.
The proposed rule change supports these principles and

serves to protect the investor and the public interest in that it seeks
to continue providing DMM unit algorithms with the order by order odd-
lot information required to facilitate the timely opening of securities
on the Exchange until Exchange systems can be modified to provide such
information in an aggregated format.
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    \12\ 15 U.S.C. 78a.
    \13\ 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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
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, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written 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 Exchange has satisfied this requirement.
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    The Exchange has requested the Commission to waive the 30-day
operative delay so that the proposal may become operative immediately
upon filing. The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest because such waiver will allow the Exchange to provide the DMM
unit algorithms with order-by-order odd-lot information prior to the
opening transaction without interruption until October 31, 2009, when
the Exchange anticipates necessary modifications to its systems will be
completed. Therefore, the Commission designates the proposal operative
upon filing.\16\
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    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    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.

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-2009-86 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-NYSE-2009-86. 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-NYSE-2009-86 and should be
submitted on or before September 23, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21136 Filed 9-1-09; 8:45 am]

BILLING CODE 8010-01-P