[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Notices]
[Pages 32087-32088]
[FR Doc No: 2012-13188]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2006-0278; FRL-9669-9]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Participation by Disadvantaged Business Enterprises in
Procurement Under Environmental Protection Agency (EPA) Financial
Assistance Agreements (Renewal); EPA ICR No. 2047.04

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that EPA is planning to submit a
request to reinstate an Information Collection Request (ICR) to the
Office of Management and Budget (OMB). This ICR expired on January 31,
2011. Before submitting the ICR to OMB for review and approval, EPA is
soliciting comments on specific aspects of the proposed information
collection as described below.

DATES: Comments must be submitted on or before July 30, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-
2006-0278, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: OEI Docket, Environmental Protection Agency,
Mailcode: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, Environmental Protection
Agency, Room 3334, 1301 Constitution Ave. NW., Washington, DC. 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-OA-2006-
0278. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
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 CBI
or otherwise protected through www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov your email
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 www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Teree Henderson, Office of Small
Business Programs, Mailcode: 1230T, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number:
202-566-2222; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OA-2006-0278, which is available for online viewing at
www.regulations.gov, or in person viewing at the Office of
Environmental Information Docket in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA/DC
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Office of
Environmental Information Docket is<PHONE_NUMBER>. Use
www.regulations.gov to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing
of the contents of the docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    i. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    ii. Evaluate the accuracy of the Agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
    iii. Enhance the quality, utility, and clarity of the information
to be collected; and
    iv. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What information collection activity or ICR does this apply to?

    Affected entities: Entities potentially affected by this action are
all recipients of EPA financial assistance agreements,

and any entities receiving identified loans under a financial
assistance agreement capitalizing a revolving loan fund.
    Title: Participation by Disadvantaged Business Enterprises in
Procurement under EPA Financial Assistance Agreements (Reinstatement).
    ICR numbers: EPA ICR No. 2047.04, OMB Control No. 2090-0030.
    ICR status: This ICR expired on January 31, 2011. An Agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information, unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations in title
40 of the CFR, after appearing in the Federal Register when approved,
are listed in 40 CFR part 9, are displayed either by publication in the
Federal Register or by other appropriate means, such as on the related
collection instrument or form, if applicable. The display of OMB
control numbers in certain EPA regulations is consolidated in 40 CFR
part 9.
    Abstract: EPA currently requires an entity to be certified in order
to be considered a Minority Business Enterprise (MBE) or Women's
Business Enterprise (WBE) under EPA's Disadvantaged Business Enterprise
(DBE) Program. EPA currently requires an entity to first attempt to
become certified by a federal agency (e.g., the Small Business
Administration (SBA), or the Department of Transportation (DOT)), or by
a State, locality, Indian Tribe or independent private organization so
long as their applicable criteria match those under Section 8(a)(5) and
(6) of the Small Business Act and applicable implementing regulations.
EPA only certifies firms that are denied certification by one of these
entities. To qualify as an MBE or WBE under EPA's programs an entity
must establish that it is owned and/or controlled by socially and
economically disadvantaged individuals who are of good character and
are citizens of the United States. Entities that meet the
aforementioned requirements and wish to obtain an EPA DBE certification
must submit a DBE Certification Application to the Office of Small
Business Programs based on business type: Sole Proprietorship (6100-
1a); Limited Liability Company (6100-1b); Partnership (6100-1c);
Corporation (6100-1d); Alaska Native Corporation (6100-1e); Tribally
Owned Business (6100-1f); Private and Voluntary Organization (6100-1g);
Native Hawaiian Organization (6100-1h); or Community Development
Corporation (6100-1i).
    The EPA DBE Program also includes contract administration
requirements designed to prevent unfair practices that adversely affect
DBEs. There are three forms associated with these requirements: EPA
Form 6100-2 (DBE Subcontractor Participation Form), EPA Form 6100-3
(DBE Subcontractor Performance Form), and EPA Form 6100-4 (DBE
Subcontractor Utilization Form). The requirements to complete these
forms are intended to prevent any ``bait and switch'' tactics at the
subcontract level by prime contractors which may circumvent the spirit
of the DBE Program.
    Burden Statement: The combined total annual public reporting and
recordkeeping burden for all forms associated with this collection of
information is estimated to average three (3) hours and fifteen (15)
minutes per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This burden
estimate includes the time needed to review instructions, develop,
acquire, install, and utilize technology and systems for the purposes
of collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information. The ICR provides a
detailed explanation of the Agency's estimate, which is only briefly
summarized here:
     Estimated total number of potential respondents: 3600.
     Frequency of response: Certification: Every three years or
more often as required. Form 6100-2: As needed, Form 6100-3 and Form
6100-4: At the time of bid or proposal.
     Estimated total average number of responses for each
respondent: 3600.
     Estimated total annual burden hours: 11,700 (three hours
and fifteen minutes per respondent).
     Estimated total annual costs: $146,916. This includes an
estimated burden cost of $146,916, and an estimated cost of $0 for
capital investment or maintenance and operational costs.

Are there changes in the estimates from the last approval?

    There will be a change in the total estimated respondent burden
compared with that identified in the ICR currently approved by OMB. The
6100-2, -3, and -4 forms have been revised to include more detailed
instructions, which should decrease the amount of time it takes to
complete each form.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: May 13, 2012.
John Reeder,
Deputy Chief of Staff.
[FR Doc. 2012-13188 Filed 5-30-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Notices]
[Pages 76318-76319]
[FR Doc No: 2014-29875]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13994-002]

Public Utility District No. 1 of Snohomish County; Notice of
Draft Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for an original for the proposed 6-megawatt
Hancock Creek Hydroelectric Project, which would be located on Hancock
Creek in King County, Washington, and has prepared an Environmental
Assessment (EA) for the project. The project would not occupy any
federal lands.
    The EA includes staff's analysis of the potential environmental
impacts of construction and operation of the project and concludes that
licensing the project, with appropriate environmental measures, would
not constitute a major federal action that would significantly affect
the quality of the human environment. Based on a review of the comments
received in response to the issuance of this EA, the Commission issue a
final EA.
    A copy of the EA 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 documents. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY).
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Any comments should be filed within 30 days from the date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp.
    You must include your name and contact information at the end of
your

comments. For assistance, please contact FERC Online Support. In lieu
of electronic filing, please send a paper copy to: Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426. The first page of any filing should include docket number P-
13994-002.
    For further information, contact Kelly Wolcott at<PHONE_NUMBER>.

    Dated: December 11, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-29875 Filed 12-19-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Notices]
[Pages 38237-38240]
[FR Doc No: 2011-16227]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64731; File No. SR-NYSEArca-2011-39]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Include Text in
Its Options Rules Governing the Use of Its Affiliate Broker-Dealer,
Archipelago Securities LLC for Outbound Routing of Option Orders, and
To Adopt Text in Its Options Rules To Permit the Exchange To Receive
Inbound Routes of Option Orders From Arca Securities, Acting as the
Outbound Router for NYSE Amex LLC

 June 23, 2011.
    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 June 16, 2011, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by NYSE Arca. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes (1) To include text in its options rules
governing the use of its affiliate broker-dealer, Archipelago
Securities LLC (``Arca Securities''), for outbound routing of option
orders, and (2) to adopt text in its options rules to permit the
Exchange to receive inbound routes of option orders from Arca
Securities, acting as the outbound router for NYSE Amex LLC (``NYSE
Amex''). The text of the proposed rule change is available at the
Exchange's principal office, at http://www.nyse.com, at the
Commission's Public Reference Room, and at the Commission's Web site at
http://www.sec.gov.

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
    The Exchange proposes to include text in its options rules
governing the use of Arca Securities for outbound routing of option
orders, and to adopt text in its options rules to permit the Exchange
to receive inbound routes of option orders from Arca Securities when it
is acting as the outbound router for NYSE Amex.\3\ The Exchange notes
that it currently uses third-party broker-dealers to route orders to
other options exchanges and to have orders routed to it from other
options exchanges, including NYSE Amex. In an effort to provide more
clarity regarding the functions of Arca Securities and to provide NYSE
Arca with the flexibility to use Arca Securities as an outbound and
inbound routing broker in the future, the Exchange is filing this
proposed rule change.
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    \3\ The Exchange's affiliate, NYSE Amex, is proposing a
substantially similar rule change. See SR-NYSEAmex-2011-40.
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Background--Authority To Use Arca Securities as Routing Broker
    NYSE Arca currently has the authority to use Arca Securities as an
outbound router to send option orders to an away market center for
execution whenever such routing is required by Exchange Rules and
Federal securities laws.\4\ As noted above, however, the Exchange does
not currently use Arca Securities for this function. The terms of the
outbound option order routing function of Arca Securities generally are
as follows:
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    \4\ See Securities Exchange Act Release No. 54238 (July 28,
2006), 71 FR 44758 (August 7, 2006) (SR-NYSEArca-2006-13). The terms
of the outbound options order routing function for the Exchange are
generally set forth in the Commission's approval orders, rather than
rule text.
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    Arca Securities operates and is regulated as a facility of the
Exchange, subject to and consistent with Section 6 of the Securities
Exchange Act of 1934 (``Act'').
    A self-regulatory organization (``SRO'') unaffiliated with the
Exchange or any of its affiliates (currently the Financial Industry
Regulatory Authority or ``FINRA''), carries out oversight and
enforcement responsibilities as the Designated Examining Authority
(``DEA'') designated by the Commission pursuant to Rule 17d-1 of the
Act with the responsibility for examining Arca Securities for
compliance with the applicable financial responsibility rules.
    The agreement between the Exchange and FINRA pursuant to Rule 17d-2
under the Act allocates to FINRA the responsibility to receive
regulatory reports from Arca Securities, to examine Arca Securities for
compliance and to enforce compliance by Arca Securities with the Act,
the rules and regulations thereunder and FINRA rules, and to carry out
other specified regulatory functions with respect to Arca Securities.
    The operation of Arca Securities as a facility of the Exchange
providing outbound routing services is subject to Exchange and
Commission oversight and the Exchange must file with the Commission
rule changes relating to Arca Securities' order routing function.
Proposed Rule Change
    The Exchange proposes to include text in its options rules
governing the use of Arca Securities for outbound and inbound routing
of option orders.\5\ In particular, the Exchange proposes to replace
the definition of ``OX Routing Broker'' found in Rule 6.1A(a)(15) with
the definition currently proposed for the defined term ``Routing
Broker'' within NYSE Arca Equities Rule 7.41. This change is designed
to provide consistency with respect to rules related to the routing
function on the Exchange for equity and option orders.
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    \5\ The Exchange notes that the outbound routing function of
Arca Securities is only available with respect to orders of OTP
Holders.
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    In addition, the Exchange proposes to adopt in Exchange Rule
6.96(b) [sic] rule text governing the outbound routing function for
option orders.\6\ This change would set forth in the options rules the
conditions for using Arca Securities as the outbound routing broker for
option orders for the Exchange.
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    \6\ This proposed rule text is substantially the same as is
proposed for outbound equity order routing on the Exchange and,
except for certain recently-proposed changes, substantially the same
as is currently reflected in Rule 17(c)--NYSE Amex Equities.
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    In addition, the Exchange currently does not have the authority to
receive routes of option orders from Arca Securities on behalf of the
Exchange's affiliate NYSE Amex.\7\ In order to address concern that the
Commission has previously expressed regarding the potential for
conflicts of interest in instances where a member firm is affiliated
with an exchange to which it is routing orders, the Exchange hereby
proposes to accept inbound option orders that its affiliate, Arca
Securities, routes in its capacity as a facility of NYSE Amex, subject
to the following limitations and conditions and as reflected in
proposed Rule 6.96(b): \8\
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    \7\ NYSE Amex has previously represented that if Arca Securities
were to route option orders directly from NYSE Amex to an affiliated
market that it would do so only after the affiliated market had
rules approved that authorize it to receive such routed option
orders from its broker-dealer affiliate. See Securities Exchange Act
Release No. 59473 (February 27, 2009), 74 FR 9853 (March 6, 2009)
(SR-NYSEALTR-2009-18) at note 8.
    \8\ The Exchange notes that the limitations and conditions
proposed herein would be substantially the same as those applicable
to the Exchange's current pilot program to accept routes of inbound
equity orders by Arca Securities, on behalf of the Exchange's
affiliates NYSE Amex and New York Stock Exchange, LLC (``NYSE'').
See Securities Exchange Act Release No. 58681 (September 29, 2008),
73 FR 58285 (October 6, 2008) (SR-NYSEArca-2008-90). See also
Securities Exchange Act Release No. 59010 (November 24, 2008), 73 FR
73373 (December 2, 2008) (SR-NYSEArca-2008-130). The Exchange notes
that it has proposed specific rule text for this inbound equity
routing functionality, the terms of which are currently generally
set forth in the Commission's approval orders, rather than rule
text, and have already been approved in substance by the Commission
for the Exchange.

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     First, the Exchange will (1) Maintain an agreement
pursuant to Rule 17d-2 under the Exchange Act with a non-affiliated SRO
(presently the Financial Industry Regulatory Authority (``FINRA'')) to
relieve the Exchange of regulatory responsibilities for Arca Securities
with respect to rules that are common rules between the Exchange and
the non-affiliated SRO, and (2) maintain a regulatory services
agreement with a non-affiliated SRO (presently FINRA) to perform
regulatory responsibilities for Arca Securities for unique Exchange
rules.\9\
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    \9\ The Exchange notes that FINRA reviews both inbound and
outbound routing via Arca Securities pursuant to an existing 17d-2
agreement and an existing regulatory services agreement. The
Exchange will review the terms of the regulatory services agreement
in connection with this proposed rule change, and will amend it to
reflect the specific terms of this filing.
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     Second, the regulatory services agreement discussed above
will require the Exchange to provide the non-affiliated SRO with
information, in an easily accessible manner, regarding all exception
reports, alerts, complaints, trading errors, cancellations,
investigations, and enforcement matters (collectively ``Exceptions'')
in which Arca Securities is identified as a participant that has
potentially violated Exchange or SEC Rules and of which the Exchange
becomes aware, and shall require that the non-affiliated SRO provide a
report, at least quarterly, to the Exchange quantifying all Exceptions
in which Arca Securities is identified as a participant that has
potentially violated Exchange or SEC Rules.
     Third, the Exchange, on behalf of the holding company
owning both the Exchange and Arca Securities, will establish and
maintain procedures and internal controls reasonably designed to
prevent Arca Securities from receiving any benefit, taking any action
or engaging in any activity based on non-public information regarding
planned changes to Exchange systems, obtained as a result of its
affiliation with the Exchange, until such information is available
generally to similarly situated OTP Holders in connection with the
provision of inbound order routing to the Exchange.
     Fourth, the Exchange may furnish to Arca Securities the
same information on the same terms that the Exchange makes available in
the normal course of business to any other OTP Holder.
     Fifth, the inbound routing functionality would operate
pursuant to a pilot program that would end on September 30, 2011.
    The proposed text within Rule 6.96(b) corresponding to these
limitations and conditions would be substantially the same as the
language set forth in the Commission orders applicable to the Exchange,
as described above, and virtually identical to the inbound router rule
text already implemented for another exchange.\10\ The Exchange
proposes that the operation of the inbound routing function would cover
all types of option orders approved for use on NYSE Amex.
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    \10\ See BATS Rule 2.12. See also Securities Exchange Act
Release No. 62901 (September 13, 2010), 75 FR 57097 (September 17,
2010) (SR-BATS-2010-024).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \11\ of
the Act, in general, and furthers the objectives of Section
6(b)(5),\12\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, 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 Exchange believes that the
proposed rule change, which in part would add specific rule text for
routing functionality that has already been approved in substance by
the Commission for the Exchange, would enhance the clarity and
transparency surrounding such functionality, including the
responsibilities and obligations attendant therewith, while also
reflecting the Exchange's ongoing efforts to effectively address the
concerns previously identified by the Commission regarding the
potential for informational advantages favoring Arca Securities vis-
[agrave]-vis other non-affiliated Exchange OTP Holders. The Exchange
also believes that the proposed rule change would support the
principles of Section 11A(a)(1) of the Act \13\ in that it seeks to
assure economically efficient execution of securities transactions.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

    Additionally, the Exchange believes that the proposal to permit the
Exchange to receive inbound routes of option orders from Arca
Securities, acting as the outbound router for NYSE Amex, is consistent
with previous Commission orders authorizing the Exchange to receive
inbound routes of equity orders from Arca Securities on behalf of the
Exchange's affiliate exchanges, NYSE and NYSE Amex. Furthermore, by
including rule text governing both outbound and inbound routing in
proposed Rule 6.96, the Exchange would establish a single, central
location in its Rules describing all option order routing broker
functions. Additionally, the proposed amendments to align the
definition of Routing Broker in the Exchange's equity and option rules
would result in greater consistency in defined terms on the Exchange.

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: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \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).
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    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\16\
However, Rule 19b-4(f)(6)(iii) \17\ permits the Commission to

designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requests
that the Commission waive the 30-day operative delay. The Exchange
believes that waiver of the 30-day operative delay would provide more
clarity and transparency in its rule text concerning all of the
functions that Arca Securities performs on behalf of the Exchange
without undue delay. In addition, the Exchange notes that the proposal
is consistent with the rules of another national securities exchange.
For these reason, the Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest, and designates the proposed rule change to be
operative upon filing with the Commission.\18\
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    \16\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization 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.
    \17\ Id.
    \18\ 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 summarily may temporarily suspend 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-NYSEArca-2011-39 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-NYSEArca-2011-39. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing 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 the 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-
NYSEArca-2011-39 and should be submitted on or before July 20, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-16227 Filed 6-28-11; 8:45 am]
BILLING CODE 8011-01-P