[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Proposed Rules]
[Pages 79141-79144]
[FR Doc No: 2011-32537]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Chapter II

[Release Nos. 33-9284, 34-65960, 39-2482, IA-3336, IC-29886; File No.
S7-43-11]

List of Rules To Be Reviewed Pursuant to the Regulatory
Flexibility Act

AGENCY: Securities and Exchange Commission.

ACTION: Publication of list of rules scheduled for review.

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SUMMARY: The Securities and Exchange Commission is today publishing a
list of rules to be reviewed pursuant to Section 610 of the Regulatory
Flexibility Act. The list is published to provide the public with
notice that these rules are scheduled for review by the agency and to
invite public comment on them.

DATES: Comments should be submitted by January 20, 2012.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form(http://www.sec.gov/rules/other.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number S7-43-11 on the subject line; or
     Use the Federal eRulemaking Portal (http://www.regulations.gov). Follow the instructions for submitting comments.

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 No. S7-
43-11. This file number should be included on the subject line if email
is used. To help us 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/other.shtml). Comments also are 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. All comments received will be posted without change; we
do not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly.

FOR FURTHER INFORMATION CONTACT: Anne Sullivan, Office of the General
Counsel,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act (``RFA''),
codified at 5 U.S.C. 600-611, requires an agency to review its rules
that have a significant economic impact upon a substantial number of
small entities within ten years of the publication of such rules as
final rules. 5 U.S.C. 610(a). The purpose of the review is ``to
determine whether such rules should be continued without change, or
should be amended or rescinded * * * to minimize any significant
economic impact of the rules upon a substantial number of such small
entities.'' 5 U.S.C. 610(a). The RFA sets forth specific considerations
that must be addressed in the review of each rule:
     The continued need for the rule;
     The nature of complaints or comments received concerning
the rule from the public;
     The complexity of the rule;
     The extent to which the rule overlaps, duplicates or
conflicts with other federal rules, and, to the extent feasible, with
state and local governmental rules; and
     The length of time since the rule has been evaluated or
the degree to which technology, economic conditions, or other factors
have changed in the area affected by the rule. 5 U.S.C. 610(c).
    The Securities and Exchange Commission, as a matter of policy,
reviews all final rules that it published for notice and comment and,
therefore, the list below is broader than that required by the RFA, and
may include rules that do not have a significant economic impact on a
substantial number of small entities. Where the Commission has
previously made a determination of a rule's impact on small businesses,
the determination is noted on the list. The Commission particularly
solicits public comment on whether the rules listed below affect small
businesses in new or different ways than when they were first adopted.
    The rules and forms listed below are scheduled for review by staff
of the Commission during the next twelve months. The list includes
rules from 2000. When the Commission implemented the Act in 1980, it
stated that it ``intend[ed] to conduct a broader review [than that
required by the RFA], with a view to identifying those rules in need of
modification or even rescission.'' Securities Act Release No. 6302
(Mar. 20, 1981), 46 FR 19251 (Mar. 30, 1981).

List of Rules To Be Reviewed

    Title: Rule 17f-7.

    Citation: 17 CFR 270.17f-7.
    Authority: 15 U.S.C. 80a-6(c), 80a-7(d), 80a-17(f), 80a-37(a).
    Description: Rule 17f-7 under the Investment Company Act of 1940
sets certain requirements for maintaining the assets of a registered
management investment company with a foreign securities depository,
including the requirement that the fund's contract with its global
custodian must obligate the custodian to analyze and monitor the
custody risks of using the depository and provide information about the
risks to the fund or its adviser. If a custody arrangement with a
securities depository no longer meets the requirements of the rule, the
assets must be withdrawn from the depository as soon as reasonably
practicable.
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. IC-24424,
which the Commission issued on April 27, 2000. Comments to the
proposing release and any comments to the Initial Regulatory
Flexibility Analysis were considered at that time.
* * * * *
    Title: Revised Transfer Agent Form and Related Rule.
    Citation: 17 CFR 240.17Ac2-2, 17 CFR 249b.102, 17 CFR 240.17a-24.
    Authority: 15 U.S.C. 78a et seq.
    Description: These rules amended Rule 17Ac2-2 and Form TA-2 under
the Securities Exchange Act of 1934 (``Exchange Act'') and rescinded
Rule 17a-24 under the Exchange Act to obtain more comprehensive
information from transfer agents about their activities while making
Form TA-2 clearer and easier for transfer agents to complete.
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. 34-42892,
which was approved by the Commission on June 2, 2000. No comment in
response to the initial regulatory flexibility analysis was received,
and no comment specifically addressed that analysis. One commenter,
however, indicated that the proposed amendments would not require
significant modifications to existing procedures or systems. The
Commission stated that the rule amendments, as adopted, would not have
an additional significant economic impact on a substantial number of
small entities.
* * * * *
    Title: Rule 237.
    Citation: 17 CFR 230.237.
    Authority: 15 U.S.C. 77s(a), 77z-3.
    Description: Rule 237 under the Securities Act of 1933 (``Act'')
exempts from registration under the Act certain securities offered to
individuals who reside in or are present in the United States, and who
contribute to or receive the income and assets from a Canadian
retirement account or sold to such accounts. Among other conditions,
rule 237 requires written offering materials for these securities to
disclose that the securities are not registered with the Commission and
that the securities may not be offered or sold in the United States
unless registered or exempt from registration.
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. IC-24491,
which was issued by the Commission on June 7, 2000. Comments to the
proposing release and any comments to the Initial Regulatory
Flexibility Analysis were considered at that time.
* * * * *
    Title: Rule 7d-2.
    Citation: 17 CFR 270.7d-2.
    Authority: 15 U.S.C. 80a-37(a).
    Description: Rule 7d-2 under the Investment Company Act of 1940
excludes from the definition of ``public offering'' under the Act
offerings of certain securities to natural persons who reside in or are
present in the United States, and who contribute to or receive the
income and assets from a Canadian retirement account or sales of
certain securities to such accounts. Among other conditions, rule 7d-2
requires written offering materials for these securities to disclose
that (i) the securities are not registered with the Commission and that
the securities may not be offered or sold in the United States unless
registered or exempt from registration and (ii) the investment company
that issued the securities is not registered with the Commission.
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. IC-24491,
which was issued by the Commission on June 7, 2000. Comments to the
proposing release and any comments to the Initial Regulatory
Flexibility Analysis were considered at that time.
* * * * *
    Title: Privacy of Consumer Financial Information (Regulation S-P).
    Citation: 17 CFR Part 248.
    Authority: 15 U.S.C. 6801 et seq., 15 U.S.C. 78a et seq., 15 U.S.C.
80a-1 et seq., 15 U.S.C. 80b-1 et seq.
    Description: Regulation S-P consists of rules that implemented,
with respect to investment advisers registered with the Commission,
brokers, dealers, and investment companies, provisions in Title V of
the Gramm-Leach-Bliley Act requiring the provision of consumer
financial privacy notices, restricting disclosures of nonpublic
personal information, and mandating that the Commission establish
standards to protect customer information.
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 as summarized in Release No. 34-42974, which was approved by
the Commission on June 22, 2000. No comment in response to the initial
regulatory flexibility analysis was received, although commenters who
addressed the proposed rules suggested that the Commission reduce
compliance burdens by, among other things, providing model forms,
providing additional examples, adding additional flexibility for
providing initial privacy notices, and extending the rules' effective
date. In response, the Commission provided an Appendix with sample
clauses that could be used in privacy notices under appropriate
circumstances, an extended compliance date to allow more time to comply
and more opportunity to include initial notices with other mailings, an
additional example permitting the householding of annual privacy
notices with prospectuses or investor reports delivered under the
Commission's householding rules, and revisions permitting the delivery
of an initial notice within a reasonable time after establishing a
customer relationship in two additional circumstances.
* * * * *
    Title: Selective Disclosure and Insider Trading.
    Citation: 17 CFR 243.100-103, 17 CFR 240.10b5-1 and 10b5-2.
    Authority: 15 U.S.C. 78c, 78i, 78j, 78m, 78o, 78w, 78mm, and 80a-
29, unless otherwise noted.
    Description: These rules address the selective disclosure by
issuers of material nonpublic information; when insider trading
liability arises in connection with a trader's ``use'' or ``knowing
possession'' of material nonpublic information; and when the breach of
a family or other non-business relationship may give rise to liability
under the misappropriation theory of

insider trading. The rules are designed to promote the full and fair
disclosure of information by issuers, and to clarify and enhance
existing prohibitions against insider trading.
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. 33-7881,
approved by the Commission on August 15, 2000, which adopted Regulation
FD and the related rules and revisions. Comments to the proposing
release were considered at that time.
* * * * *
    Title: Financial Statements and Periodic Reports for Related
Issuers and Guarantors.
    Citation: 17 CFR 210.3-10, 17 CFR 210.3-16, 17 CFR 240.12h-5, 17
CFR 249.220f.
    Authority: 15 U.S.C. 77a et seq., 15 U.S.C. 78a et seq., 15 U.S.C.
80a-1 et seq.
    Description: These rules provide financial reporting rules for
related issuers and guarantors of guaranteed securities and provide an
exemption from Exchange Act periodic reporting for subsidiary issuers
and subsidiary guarantors of these securities.
    Prior Commission Determination Under 5 U.S.C. 601: Pursuant to the
Regulatory Flexibility Act (15 U.S.C. 605(b)), the Chairman of the
Commission certified at the proposal stage on February 26, 1999 in
Release No. 33-7649 that the revisions to rules and forms would not
have a significant economic impact on a substantial number of small
entities. The Commission received no comments specifically addressing
the certification.
* * * * *
    Title: Unlisted Trading Privileges.
    Citation: 17 CFR 240.12f-2(a).
    Authority: 15 U.S.C. 78a et seq.
    Description: This rule amended Rule 12f-2(a) under the Exchange Act
to provide that a national securities exchange extending unlisted
trading privileges to an initial public offering security listed on
another exchange would no longer be required to wait until the day
after trading had commenced on the listing exchange to allow trading in
that security, but instead would be permitted to begin trading an
initial public offering issue immediately after the listing exchange's
reporting of the first trade in the security to the Consolidated Tape.
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. 34-43217,
which was approved by the Commission on August 29, 2000. No comment in
response to the initial regulatory flexibility analysis was received,
and no comment specifically addressed that analysis. Commenters did,
however, offer support for the proposal on the basis that a one-day
trading delay imposed a burden on competition. Based in part on
comments, the Commission decided to adopt the rule amendment as
proposed.
* * * * *
    Title: Amendments to Rule 9b-1 Under the Securities Exchange Act of
1934 Relating to the Options Disclosure Document.
    Citation: 17 CFR 240.9b-1.
    Authority: 15 U.S.C. 78a et seq.
    Description: The Commission adopted minor or technical amendments
to Rule 9b-1 under the Exchange Act to revise certain language in the
rule to better reflect the disclosure requirements regarding
standardized options.
    Prior Commission Determination Under 5 U.S.C. 601: Pursuant to 15
U.S.C. 605(b), the Chairman of the Commission certified at the proposal
stage, on June 25, 1998, that the proposed amendments to Rule 9b-1
under the Exchange Act would not have a significant economic impact on
a substantial number of small entities. The Commission received no
comment specifically addressing the certification, and the Commission
adopted the rule amendments substantially as proposed on October 19,
2000.
* * * * *
    Title: Form ADV-NR.
    Citation: 17 CFR 279.4.
    Authority: 15 U.S.C. 77s(a), 15 U.S.C. 78w(a), 15 U.S.C. 77sss(a),
15 U.S.C. 78a-37(a), and 15 U.S.C. 80b-3(c)(1), 80b-4, and 80b-11(a).
    Description: Form ADV-NR is a form for the appointment of an agent
for service of process by a non-resident general partner and non-
resident managing agent of an investment adviser. Each non-resident
general partner or managing agent of an investment adviser must file
this form pursuant to rule 0-2 [17 CFR 275.0-2] under the Investment
Advisers Act of 1940.
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. IA-1897,
which was approved by the Commission on September 12, 2000. Comments to
the proposing release and any comments to the Initial Regulatory
Flexibility Analysis were considered at that time.
* * * * *
    Title: Form ADV-H.
    Citation: 17 CFR 279.3.
    Authority: 15 U.S.C. 80b-3(c)(1), 80b-4, and 80b-11(a).
    Description: An investment adviser must file Form ADV-H pursuant to
rule 203-3 [17 CFR 275.203-3] under the Investment Advisers Act of 1940
to request a temporary hardship exemption or apply for a continuing
hardship exemption from the requirement to make Advisers Act filings
electronically with the Investment Adviser Registration Depository
(IARD).
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. IA-1897,
which was approved by the Commission on September 12, 2000. Comments to
the proposing release and any comments to the Initial Regulatory
Flexibility Analysis were considered at that time.
* * * * *
    Title: Delivery of Proxy Statements and Information Statements to
Households.
    Citation: 17 CFR 230.154, 17 CFR 240.14a-2 and 14a-3, 17 CFR
240.14a-7, 17 CFR 240.14a-101, 17 CFR 240.14b-1 and 14b-2, 17 CFR
240.14c-3, 17 CFR 240.14c-101.
    Authority: 15 U.S.C. 77a et seq., 15 U.S.C. 78a et seq., 15 U.S.C.
80a-1 et seq.
    Description: These amendments permit companies and intermediaries
to satisfy the delivery requirements for proxy statements and
information statements with respect to two or more security holders
sharing the same address by delivering a single proxy statement or
information statement to those security holders. These amendments also
modify the rules for householding annual reports and permit
householding of proxy statements combined with prospectuses.
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. 33-7912,
approved by the Commission on October 27, 2000, which adopted the
amendments. Comments to the proposing release were considered at that
time. The Commission received no comments on the Initial Regulatory
Flexibility Analysis.
* * * * *
    Title: Rule 203-3.
    Citation: 17 CFR 275.203-3.

    Authority: 15 U.S.C. 80b-3(c)(1) and 80b-11(a)].
    Description: Rule 203-3 under the Investment Advisers Act of 1940
Advisers Act provides a temporary hardship exemption and a ``continuing
hardship exemption'' from the requirement to make Advisers Act filings
electronically with the Investment Adviser Registration Depository
(IARD).
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. IA-1897,
which was approved by the Commission on September 12, 2000. Comments to
the proposing release and any comments to the Initial Regulatory
Flexibility Analysis were considered at that time.
* * * * *
    Title: Disclosure of Order Routing Practices.
    Citation: 17 CFR 240.11Ac1-5 and 240.11Ac1-6, renumbered 17 CFR
242.605 and 242.606.
    Authority: 15 U.S.C. 78a et seq.
    Description: The Commission adopted Rule 11Ac1-5 under the Exchange
Act to require market centers that trade national market system
securities to make available to the public monthly electronic reports
that include uniform statistical measures of execution quality. It
adopted Rule 11Ac1-6 under the Exchange Act to require broker-dealers
that route customer orders in equity and option securities to make
publicly available quarterly reports that, among other things, identify
the venues to which customer orders are routed for execution, and, in
addition, to disclose to customers, on request, the venues to which
their individual orders were routed.
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. 34-43590,
which was approved by the Commission on November 17, 2000. No comment
in response to the initial regulatory flexibility analysis was
received, and no comment specifically addressed that analysis. Some
commenters stated, however, that they believed compliance with the
proposed rules, particularly Rule 11Ac1-5, could be significantly more
burdensome for smaller firms than for large ones. The Commission did
not agree that compliance with the rules would be unduly burdensome for
firms considered small entities for purposes of the Regulatory
Flexibility Act, particularly after the omission from the final rules
of a proposed requirement of a narrative discussion and analysis of
order routing objectives and results.
* * * * *
    Title: Firm Quote and Trade-Through Disclosure Rules for Options.
    Citation: 17 CFR 240.11Ac1-1, renumbered 17 CFR 242.602, and 11Ac1-
7, 11Ac1-7 repealed December 27, 2002.
    Authority: 15 U.S.C. 78a et seq.
    Description: The Commission amended Rule 11Ac1-1 under the Exchange
Act to require options exchanges and options market makers to publish
firm quotes and adopted Rule 11Ac1-7 under the Exchange Act to require
a broker-dealer to disclose to its customer when its customer's order
for listed options is executed at a price inferior to a better
published quote and what that better quote was, unless the transaction
was effected on a market that is a participant in an intermarket
options linkage plan approved by the Commission.
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. 34-43591,
which was approved by the Commission on November 17, 2000. No comment
in response to the initial regulatory flexibility analysis was
received, and no comment specifically addressed that analysis.
* * * * *
    Title: Revision of the Commission's Auditor Independence
Requirements.
    Citation: 17 CFR 210.2-01, 17 CFR 240.14a-101.
    Authority: 15 U.S.C. 77c et seq., 15 U.S.C. 78c et seq., 15 U.S.C.
79e et seq., 15 U.S.C. 80a et seq.
    Description: The Commission amended Rule 2-01 in Regulation S-X and
Item 9 in Schedule 14A under the Securities Exchange Act to modernize
its guidance for determining whether an auditor is independent in light
of investments by auditors (or the auditor's family members) in audit
clients, employment relationships between auditors (or the auditor's
family members) and audit clients, and the scope of services provided
by audit firms to their audit clients.
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. 33-7919,
which was approved by the Commission on November 21, 2000. In response
to multiple public comments, the Commission made modifications to
reduce the impact of the new rules on small entities. In light of those
modifications, the Commission concluded that the rules as adopted would
not have a significant impact on a substantial number of small
entities.
* * * * *
    Title: Options Price Reporting Authority.
    Citation: 17 CFR 240.11Aa3-2, renumbered 17 CFR 242.608.
    Authority: 15 U.S.C. 78a et seq.
    Description: The Commission adopted amendments to the Options Price
Reporting Authority (``OPRA'') Plan, a national market system plan
approved by the Commission pursuant to Section 11A of the Exchange Act
and Rule 11Aa3-2 thereunder, to allocate, among the options exchanges,
OPRA's peak period message handling capacity.
    Prior Commission Determination Under 5 U.S.C. 601: A Final
Regulatory Flexibility Analysis was prepared in accordance with 5
U.S.C. 604 in conjunction with the adoption of Release No. 34-43621,
which was approved by the Commission on November 27, 2000. The
Commission received one comment directly relating to the initial
regulatory flexibility analysis. The comment, from an OPRA participant
exchange, stated that all its members would be affected if quotation
capabilities were reduced and, as a result, small businesses would be
impacted by the proposed OPRA Plan amendments because many of this
commenter's members were small entities. Although the Commission
included certain recommendations from commenters in the final OPRA Plan
amendments, it did not believe that entities other than the OPRA
participant exchanges, none of which was a small entity for purposes of
the Regulatory Flexibility Act, would be directly affected by the
amendments, or that the OPRA Plan amendments, as adopted, established
any new reporting, recordkeeping, or compliance requirements for small
entities.

    Dated: December 15, 2011.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-32537 Filed 12-20-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 17, 2009 (Volume 74, Number 157)]
[Notices]
[Page 41474-41475]
[DOCID:fr17au09-122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60468; File No. SR-NYSEArca-2009-52]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving
Proposed Rule Change To Amend the Schedule of Fees and Charges for
Exchange Services

August 10, 2009.

I. Introduction

    On June 10, 2009, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
through its wholly-owned subsidiary, NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change amending its Schedule of Fees and Charges for
Exchange Services (``Fee Schedule'') to revise the Listing Fees
applicable to Derivative Securities Products. The proposed rule change
was published in the Federal Register on July 7, 2009.\3\ The
Commission received no comments on the proposal. This order approves
the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 60184 (June 29,
2009), 74 FR 32209 (July 7, 2009) (hereinafter referred to as
``Notice'').
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II. Description of the Proposal

    The Exchange proposes amending its Fee Schedule to revise the
Listing Fees applicable to Derivative Securities Products listed under
NYSE Arca Rules 5.2(j)(3) (Investment Company Units), 8.100 (Portfolio
Depository Receipts), 8.200 (Trust Issued Receipts), 8.201 (Commodity-
Based Trust Shares), 8.202 (Currency Trust Shares), 8.203 (Commodity
Index Trust Shares), 8.204 (Commodity Futures Trust Shares), 8.300
(Partnership Units), 8.500 (Trust Units), and 8.600 (Managed Fund
Shares) on NYSE Arca, LLC, the equities facility of NYSE Arca Equities.
Specifically, the Exchange proposes to add a new provision to the Fee
Schedule which states that in the case where a sponsor, managing owner,
general partner or equivalent (collectively, the ``Sponsor'') is
listing a new Derivative Securities Product on the Exchange for the
first time, the Sponsor will be charged a one time consultation fee in
the amount of $20,000.
    The proposed consulting charge would apply to all new Sponsors
listing a new Derivative Securities Product for the first time on the
Exchange. Therefore, under the proposal Sponsors who have previously
issued a new Derivative Securities Product would not be charged the
proposed consulting fee. Moreover, the current Listing and Annual Fees
applicable to Derivative Securities Products would remain unchanged and
be applicable to all Sponsors of Derivative Securities Products.

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.
Specifically, the Commission finds that the proposal is consistent with
Sections 6(b)(4) and (b)(5) of the Act,\4\ which require, among other
things, that the rules of an exchange (i) provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and issuers and other persons using its facilities, and (ii)
are not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
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    \4\ 15 U.S.C. 78f(b)(4) and (b)(5).
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    According to the Exchange, the imposition of the proposed one-time
consulting charge to new Sponsors of new Derivative Securities Products
is necessary to adequately compensate the Exchange for all of the
additional resources dedicated to such new Sponsors, such as the
additional legal and business resources required to properly advise
novice Sponsors through the listing process.\5\ The Exchange believes
that the proposed consulting fee would enable the Exchange to continue
to provide new issuers with the level of service necessary to
successfully navigate an initial launch of a Derivative Securities
Product. Moreover, the Exchange has represented that the proposed new
Sponsor Fee is substantially below the

initial listing fee for issuers of traditional equity securities, e.g.,
common stock.\6\
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    \5\ See Notice, supra note 3.
    \6\ Id.
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    Accordingly, the Commission believes that the Exchange's proposed
rule change provides for the equitable allocation of reasonable dues,
fees, and other charges among issuers and further, does not unfairly
discriminate between issuers given the additional time and resources
dedicated to new Sponsors of Derivative Securities Products and given
that the listing fees, including the one-time consulting fee, for
Derivative Securities Products is substantially below the listing fee
for traditional equity securities.\7\ Further, the Commission believes
that the proposed one time consulting fee is equitable in that it
applies uniformly to all new issuers of Derivative Securities Products.
For the foregoing reasons, the Commission finds that the proposed rule
change is consistent with the Act.\8\
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    \7\ The Commission notes that the current listing fee for
Derivative Securities Products is $5,000, while the lowest listing
fee for common stock is $100,000. See NYSE Arca Equities, Inc.
Schedule of Fees and Charges for Exchange Services.
    \8\ 15 U.S.C. 78f(b)(4). In approving the proposed rule change,
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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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\9\ that the proposed rule change (SR-NYSEArca-2009-52) be, and it
hereby is, approved.
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    \9\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-19623 Filed 8-14-09; 8:45 am]

BILLING CODE 8010-01-P


From: Megan Uhler[  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>]

Sent: Friday, May 04, 2012 9:46:40 AM

To: PPSURVEY

Cc: John Egan; Richard Holland; Robin Ashe; John Bradfield; Bill
Schrock;

Hanks, Katie P.; Kyle Etheridge; Eric M. Swisher; John Piotrowski

Subject: NEI Data Revisions for Packaging Corporation of America Counce,
TN Mill - NEI41552

Auto forwarded by a Rule

Mr. Holloway,

On behalf of the Packaging Corporation of America (PCA), All4 Inc.
(ALL4) is providing RTI International (RTI) with a revised Part II
response to U.S. Environmental Protection Agency’s (U.S. EPA’s)
February 22, 2011 Information Collection Request (ICR) for PCA’s
Counce, Tennessee Pulp and Paper Mill (Counce Mill).  The Counce Mill
submitted its original response to the Part II ICR on June 6, 2011.
 Since the deadline to submit public comments to Docket ID No.
EPA-HQ-OAR-2007-0544 ended on February 27, 2012, PCA is submitting
revisions to the Part II data set today by means of this correspondence
to RTI.

The following files are attached and should be considered part of Docket
ID No. EPA-HQ-OAR-2007-0544:

A cover letter which includes a description of updates performed to the
Counce Mill’s Part II data set.

The Counce Mill’s revised Part II data set.

A copy of the Counce Mill’s facility plot plan.

If you have any questions or require additional information regarding
this submittal, please contact Mr. John Egan, ALL4 Principal Consultant,
at<PHONE_NUMBER>, extension 14, (  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>) or Mr. Robin Ashe, Counce Mill Environmental
Manager, at<PHONE_NUMBER> (  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>).

Sincerely,

Megan Uhler

Megan Uhler

Technical Leader

All4 Inc.

 P.O. Box 299

Kimberton, PA 19442-0299

p:<PHONE_NUMBER> x 32   c:<PHONE_NUMBER>   f:<PHONE_NUMBER>

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>
  HYPERLINK "http://www.all4inc.com/"  www.all4inc.com

0

ß

à

/

0

com/"  www.enviroreview.com  – ALL4’s customized environmental
regulatory updates

Don’t be Blindsided by Upcoming Air Quality Requirements for
Stationary Internal Combustion Engines.    HYPERLINK
"http://www.all4inc.com/ice-aq-requirements-webinar"  ALL4 will get you
in shape on June 6!


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request: USEPA/ Office of Enforcement and Compliance Assurance/ Office of Compliance 2. OMB control number b. G None a. 2060 0358 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title NESHAP for Pharmaceuticals Production ( 40 CFR part 63, subpart GGG)

8. Agency form number( s) ( If applicable) EPA ICR Number 1781.03 9. Keywords Pharmaceutical products, storage tanks, wastewater systems, process vents.

10. Abstract Respondents are owners and operators of pharmaceuticals production operations which include process vents, storage tanks, equipment components and wastewater systems. Respondents must submit one time reports of initial performance tests and semiannual reports of noncompliance. Recordkeeping of parameters related to air pollution control technologies is required. The reports and records will be used to demonstrate compliance with the standards.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 101 b. Total annual responses 632 1. Percentage of these responses collected electronically 20 _____ % c. Total hours requested 158,179 d. Current OMB inventory 161,326 e. Difference ( 3,147)

f. Explanation of difference 1. Program Change 2. Adjustment ( 3,147) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs 5 b. Total annual costs ( O& M) 4 c. Total annualized cost requested______ 9______ d. Current OMB inventory 8 e. Difference 1 f. Explanation of difference 1. Program change 2. Adjustment 1 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. Application for benefits e. Program planning or management b. Program evaluation f. Research c. General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. X Quarterly 5. X Semi annually 6. Q Annually 7. Q Biannually 8. Q Other ( describe) 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Learia A. Williams Phone: ( 202) 564 4113 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3):

( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement. Signature of Program Official Michael S. Alushin, Director Compliance Assessment and Media Programs Division Office of Compliance Office of Enforcement and Compliance Assurance Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C. § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( i) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of:

"( i) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any 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." OMB 83 I ( Instructions) 10/ 95


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA, OECA, Compliance Assessment and Media Programs Division 2. OMB control number b. G None a 2 0 6 0 0 1 2 1 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title Standards of Performance for Storage Vessels of Petroleum Liquids, Construction, Reconstruction of Modification commenced after May 18, 1978 and prior to July 23, 1984, NSPS, 40 CFR Part 60, Subpart Ka 8. Agency form number( s) ( If applicable) ICR 1050.07 9. Keywords Storage Vessels, Volatile Organic Liquids 10. Abstract Standard required owner of storage vessels for petroleum liquids to make reports to the Administrator and to keep records. The reports and records enable the Administrator to determine that best demonstrated control technology is installed, properly operated and maintained.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 157 b. Total annual responses 6,514 1. Percentage of these responses collected electronically 0 % c. Total hours requested d. Current OMB inventory 39139 e. Difference ( 4375) f. Explanation of difference 1. Program Change ( 4375) 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested 0 d. Current OMB inventory 0 e. Difference 0 f. Explanation of difference 1. Program change 2. Adjustment 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. _ Application for benefits e. Program planning or management b. _ Program evaluation f. Research c. _ General purpose statistics g. P Regulatory or compliance d. Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1.

On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. X Annually 7. Q Biannually 8. X Other ( describe) roof gap exceedance 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Everett Bishop Phone: ( 202) 564 7032 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Michael S. Alushin, Director Compliance Assessment and Media Programs Division Office of Compliance Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95