[Federal Register: September 11, 2009 (Volume 74, Number 175)]
[Notices]
[Page 46764-46765]
[DOCID:fr11se09-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

September 3, 2009.
    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG09-91-000.
    Applicants: Big Sky Wind, LLC.
    Description: Self Certification Notice of Big Sky Wind, LLC.
    Filed Date: 09/03/2009.
    Accession Number: 20090903-5102.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 24, 2009.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER04-230-044; ER01-1385-038; ER01-3155-029; EL01-
45-037.
    Applicants: Consolidated Edison Company of New York; New York
Independent System Operator, Inc.
    Description: NYISO filing of its 18th quarterly report re:
efficient utilization of combined cycle units and efforts to
accommodate batch loads and flywheel energy storage technologies in its
ancillary services markets.
    Filed Date: 05/28/2009.
    Accession Number: 20090528-5020.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 22, 2009.

    Docket Numbers: ER09-412-006.
    Applicants: PJM Interconnection L.L.C.
    Description: PJM Interconnection L.L.C. submits substitute
revisions to the PJM Open Access Transmission Tariff, FERC Electric
Tariff Sixth Revised Volume No. 1, effective 11/1/09.
    Filed Date: 09/01/2009.
    Accession Number: 20090902-0126.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 22, 2009.

    Docket Numbers: ER09-1522-001.
    Applicants: Torofino Trading LLC.
    Description: Torofino Trading LLC submits amended petition for

acceptance of initial tariff, waivers and blanket authority FERC
Electric Tariff, Original Volume 1.
    Filed Date: 09/02/2009.
    Accession Number: 20090902-0125.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 23, 2009.

    Docket Numbers: ER09-1645-000.
    Applicants: Devonshire Energy LLC.
    Description: Devonshire Energy LLC submits an application for
authorization to make wholesale sales of energy, capacity and ancillary
services at negotiated, market-based rates.
    Filed Date: 09/01/2009.
    Accession Number: 20090902-0152.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 22, 2009.

    Docket Numbers: ER09-1656-000.
    Applicants: Ashtabula Wind II, LLC.
    Description: Ashtabula Wind II, LLC submits authorization to make
market-based sales of energy capacity and certain ancillary services
under a market-based rate tariff.
    Filed Date: 09/01/2009.
    Accession Number: 20090902-0153.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 22, 2009.

    Docket Numbers: ER09-1668-000.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company submits notice of
cancellation of Transmission Service Agreement with Corn Belt Power
Cooperative etc.
    Filed Date: 09/01/2009.
    Accession Number: 20090902-0127.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 22, 2009.

    Docket Numbers: ER09-1669-000; ER09-1670-000.
    Applicants: Kansas City Power & Light Company, enXco Development
Corporation.
    Description: Kansas City Power & Light Company et al. submits an
executed Spearville Interconnection Facilities Joint Ownership
Agreement with enXco Development Corp.
    Filed Date: 09/01/2009.
    Accession Number: 20090902-0128.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 22, 2009.

    Docket Numbers: ER09-1671-000.
    Applicants: Xcel Energy Services, Inc.
    Description: Xcel Energy Services, Inc. submits notice of
termination of various service agreements under Public Service Company
of Colorado FERC Electric Tariff, First Revised Volume 6 etc.
    Filed Date: 09/01/2009.
    Accession Number: 20090902-0129.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 22, 2009.

    Docket Numbers: ER09-1672-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Companys submits notice of
termination of PG&E's Rate Schedule FERC No. 178 et al.
    Filed Date: 09/01/2009.
    Accession Number: 20090902-0130.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 22, 2009.

    Docket Numbers: ER09-1673-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection L.L.C. submits revisions to the
PJM Open Access Transmission Tariff and Reliability Assurance
Agreement.
    Filed Date: 09/01/2009.
    Accession Number: 20090902-0131.
    Comment Date: 5 p.m. Eastern Time on Tuesday, September 22, 2009.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES08-46-001.
    Applicants: Consumers Energy Company.
    Description: Amendment of Original Application and Request for
Waiver of Competitive Bid/Negotiated Placement Requirements of
Consumers Energy Company.
    Filed Date: 09/03/2009.
    Accession Number: 20090903-5036.
    Comment Date: 5 p.m. Eastern Time on Thursday, September 24, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-21872 Filed 9-10-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Notices]
[Pages 20767-20771]
[FR Doc No: E9-10288]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59838; File No. SR-NYSEArca-2009-36]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to NYSE Arca Equities Rule 7.10
Governing Clearly Erroneous Executions

April 28, 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 April 27, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. 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 to amend NYSE Arca Equities Rule 7.10
governing clearly erroneous executions. The text of the proposed rule
change is attached as Exhibit 5 to the 19b-4 form. A copy of this
filing is available on the Exchange's Web site at www.nyse.com, at the
Exchange's principal office and at the Commission's Public Reference
Room.

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

    In its filing with the Commission, the 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend NYSE Arca Rule 7.10 in order to
improve the Exchange's rule regarding clearly erroneous executions. The
proposed changes are part of a market-wide effort designed to provide
transparency and finality with respect to clearly erroneous executions.
This effort seeks to achieve consistent results for participants across
U.S. equities exchanges while maintaining a fair and orderly market,
protecting investors and protecting the public interest. The proposed
changes are more fully discussed below.
Definition
    The Exchange will maintain the meaning of the definition of a
clearly erroneous execution, but proposes to add clarifying language
with respect to cancelled trades. The proposed change identifies that a
transaction made in clearly erroneous error and agreed to be canceled
by both parties or determined by the Corporation to be clearly
erroneous will be removed ``from the Consolidated Tape.'' \3\ A trade
will only be removed from the Consolidated Tape when the determination
is deemed final and any applicable appeals have been exhausted.
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    \3\ For purposes of this Rule, ``removed from the Consolidate
Tape'' means that a subsequent message will be sent to the
Consolidated Tape indicating that a previously executed trade has
been cancelled.
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ETP Holder Initiated Review Requests
    The Exchange proposes to amend NYSE Arca Rule 7.10(b) to update the
procedures for requesting a review of a clearly erroneous transaction.
First, the proposed rule would require that requests for review be made
only by electronic mail (``email'') or other electronic means specified
from time to time by the Exchange. Under the current policy the
Exchange also allows requests to be made via telephone and facsimile.
Requiring requests for review to be made via email creates a standard
format that can easily be logged and tracked. The Exchange will publish
the email address or other electronic means to be used for all clearly
erroneous filings in a circular distributed to Equity Trading Permit
(``ETP'') Holders.\4\
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    \4\ NYSE Arca Rule 1.1(n) defines an ETP Holder as a ``sole
proprietorship, partnership, corporation, limited liability company
or other organization in good standing that has been issued an
ETP.''
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    The Exchange further proposes that requests for review must be
received by

the Exchange within 30 minutes of the execution time for orders
initially routed to and executed on the Exchange. The Exchange proposes
that ETP Holders submit certain essential identifying information with
the request including the time of the transaction(s), security
symbol(s), number of shares, price(s), side (bought or sold), and
factual basis for believing that the trade is clearly erroneous. The
current rule requires requests for review to be received within 15
minutes of the execution and does not specify what information is
required. The Exchange believes that 30 minutes is an appropriate time
frame that offers the requesting party sufficient time to gather and
submit all required information.
    The proposed rule also requires the Exchange to notify the
counterparty to a trade upon receipt of a timely filed request for
review that satisfies the numerical guidelines set forth within the
Rule. This proposed language eliminates the requirement that
counterparties be notified of every request for a ruling and instead
requires notice only when a request is filed in a timely manner and
satisfies the Numerical Guidelines. This change alleviates the burden
on the Exchange of notifying the counterparty when a request for review
does not merit a ruling.
    The Exchange proposes to amend NYSE Arca Rule 7.10 to allow an
Officer of the Corporation or such other employee designee
(``Officer'') of NYSE Arca to request additional information from each
party to a transaction under review. Parties to the review will have 30
minutes from the time of the request to provide additional supporting
information.
Routed Executions
    The Exchange proposes to give other market centers an additional 30
minutes from the receipt of their participant's timely filing to
request a ruling, but no longer than 60 minutes from the time of the
execution under review. This provision accounts for those executions
initially directed to an away market center and subsequently routed by
that away market center to the Exchange.
    For example, assume an order is initially routed by a participant
to Market Center A and subsequently routed to NYSE Arca where the order
is executed at a price outside of the Numerical Guidelines. This
provision generally requires Market Center A to file with the Exchange
within 30 minutes from the time it receives its participant's timely
filed request for review. This provision caps the filing deadline for
an away market center at 60 minutes from the time of the execution
under review.
Threshold Factors
    Currently, the Exchange's Clearly Erroneous Execution rule does not
identify specific numeric guidelines for determining what constitutes a
clearly erroneous transaction. The current rule simply provides that
``an Officer of the Corporation shall review the transaction and
determine whether it is clearly erroneous, with a view toward
maintaining a fair and orderly market and the protection of investors
and the public interest.'' \5\ In practice, the Exchange currently
incorporates the informal guidelines set forth in the Clearly Erroneous
Execution policy published on its website.\6\ The Exchange proposes
adding certain numerical thresholds to the Rule that explicitly state
what constitutes a clearly erroneous execution.
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    \5\ NYSE Arca Rule 7.10(b).
    \6\ http://www.nyse.com/pdfs/Arca_Erroneous_Execution.pdf.
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Numerical Guidelines
    The proposed numerical guidelines state that a transaction executed
during the Core Trading Session \7\ or the Opening \8\ and Late Trading
Session \9\ may be found to be clearly erroneous only if the price of
the transaction to buy is greater, or less in the case of a sale, than
the reference price by an amount that equals or exceeds the numerical
guidelines for a particular transaction category. The Reference Price
shall be equal to the Consolidated Last Sale immediately prior to the
execution under review, unless unusual circumstances are present. The
proposed guidelines for sales between $0.00 and $25.00 are 10% for the
Core Trading Session and 20% for the Opening and Late Trading Sessions.
The proposed guidelines for sales between $25.01 and $50.00 are 5% for
the Core Trading Session and 10% for Opening and Late Trading Sessions.
The proposed guidelines for sales greater than $50.00 are 3% for the
Core Trading Session and 6% for Opening and Late Trading Sessions. A
filing involving five or more securities by the same ETP Holder will be
aggregated into a single filing called a ``Multi-Stock Event.'' In the
case of a Multi-Stock Event, the proposed guidelines are 10% for the
Core Trading Session and 10% for the Opening and Late Trading Sessions.
In the case of Leveraged ETF/ETN securities, the above guidelines are
to be multiplied by the leverage multiplier of the security. Executions
that do not meet or exceed the Numerical Guidelines will not be
eligible for review under this section. The following chart summarizes
the proposed Numerical Guidelines.
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    \7\ The Core Trading Session begins for each security at
``6:30:00 am (Pacific Time) or at the conclusion of the Market Order
Auction, whichever comes later, and conclude at 1:00:00 pm (Pacific
Time).'' NYSE Arca Rule 7.34(a)(2).
    \8\ The Opening Session begins at ``1:00:00 am (Pacific Time)
and conclude[s] at the commencement of the Core Trading Session.''
NYSE Arca Rule 7.34(a)(1).
    \9\ The Late Trading Session begins ``following the conclusion
of the Core Trading Session and conclude[s] at 5:00:00 pm (Pacific
Time).'' NYSE Arca Rule 7.34(a)(3).

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

------------------------------------------------------------------------
Reference Price:              Core Trading Session  Opening and Late
 Consolidated Last Sale        Numerical             Trading Session
                               Guidelines (Subject   Numerical
                               transaction's %       Guidelines (Subject
                               difference from the   transaction's %
                               Consolidated Last     difference from the
                               Sale):                Consolidated Last
                                                     Sale):
------------------------------------------------------------------------
Between $0.00 and $25.00....  10%.................  20%
Between $25.01 and $50.00...  5%..................  10%
Greater than $50.00.........  3%..................  6%
Multi-Stock Event--Filings    10%.................  10%
 involving five or more
 securities by the same ETP
 Holder will be aggregated
 into a single filing.
Leveraged ETF/ETN securities  Core Trading Session  Core Trading Session
                               Numerical             Numerical
                               Guidelines            Guidelines
                               multiplied by the     multiplied by the
                               leverage multiplier   leverage multiplier
                               (i.e. 2x).            (i.e. 2x)
------------------------------------------------------------------------

    Establishing Numerical Guidelines within the Rule brings regulatory
transparency and consistency in the application of the rules of the
Exchange. These Numerical Guidelines represent the general consensus
approach and were developed based on the collective experiences of a
market-wide group. The Exchange believes that the Thresholds
established are fair and appropriate and apply evenly to all
participants.
Unusual Circumstances
    NYSE Arca further proposes that in Unusual Circumstances the
Exchange may, in its discretion and with a view toward maintaining a
fair and orderly market, use a Reference Price other than the
consolidated last sale. Unusual Circumstances may include periods of
extreme market volatility, sustained illiquidity, or widespread system
issues. Other Reference Prices that the Exchange may use would include
the consolidated inside price, the consolidated opening price, the
consolidated prior close, or the consolidated last sale prior to a
series of executions.
    The following example explains the use of a Reference Price equal
to the consolidated last sale prior to a series of executions.
    ABC has a consolidated last sale of $10.00. During the Core Trading
Session Customer A enters a market order to buy 10,000 shares, although
it had intended a market order for 1,000 shares. The size of the order
is such that the order sweeps the NYSE Arca Book, which reflects 1,000
shares of liquidity offered at each of following prices. Executions
occur, moving through the depth of Book, as follows:
Trade 1--1000 shares @ $10.00 (9000 remaining)
Trade 2--1000 shares @ $10.20 (8000 remaining)
Trade 3--1000 shares @ $10.40 (7000 remaining)
Trade 4--1000 shares @ $10.60 (6000 remaining)
Trade 5--1000 shares @ $10.80 (5000 remaining)
Trade 6--1000 shares @ $11.00 (4000 remaining)
Trade 7--1000 shares @ $11.20 (3000 remaining)
Trade 8--1000 shares @ $11.40 (2000 remaining)
Trade 9--1000 shares @ $11.60 (1000 remaining)
Trade 10--1000 shares @ $11.80 (complete)
    Thus, to be eligible for review, a transaction must be at a price
that is at least 10% higher than the consolidated last sale prior to
the series of executions. Customer A could request a ruling for trades
6 through 10, priced at $11.00 and above, but trades
1 through 5 would not be eligible for review.
    Under the proposed rule the Exchange may also use a higher
numerical guideline if, after market participants have been alerted to
erroneous activity, the price of the security returns toward its prior
trading range but continues to trade beyond the price it would have
normally been broken.
Joint Market Rulings
    In the interest of achieving consistency across markets, the
Exchange proposes that, in events that involve other markets, the
Exchange would have the ability to use a different Reference Price and/
or Numerical Guideline. In these instances the Reference Price would be
determined based on a consensus among the Exchanges where the
transactions occurred. Furthermore, when a ruling is made across
markets, the Exchange may determine that the ruling is not eligible for
appeal because immediate finality is necessary to maintain a fair and
orderly market and to protect investors and the public interest.
Additional Factors
    The proposed amendments to NYSE Arca Rule 7.10 also enumerate some
additional factors that an Officer may consider when determining
whether an execution is clearly erroneous. These factors include, but
are not limited to, system malfunctions or disruptions, volume and
volatility for the security, derivative securities products that
correspond to greater than 100% in the direction of a tracking index,
news released for the security, whether trading in the security was
recently halted/resumed, whether the security is an IPO, whether the
security was subject to a stock-split, reorganization, or other
corporate action, overall market conditions, Opening and Late Session
executions, validity of the consolidated tapes trades and quotes,
consideration of primary market indications, and executions
inconsistent with the trading pattern in the stock. Each additional
factor shall be considered with a view toward maintaining a fair and
orderly market, the protection of investors and the public interest.
Numerical Guidelines Applicable to Volatile Market Opens
    The Exchange proposes to give the Exchange the ability to expand
the Numerical Guidelines applicable to transactions occurring between
9:30 a.m. and 10 a.m. based on the disseminated value of the S & P 500
Futures at 9:15 a.m. When the S & P Futures are up or down 3% at 9:15
a.m., the Numerical Guidelines are doubled. When the S & P Futures are
up or down 5% at 9:15 a.m., the Numerical Guidelines are tripled. The
Exchange believes that the S&P 500 futures contract is an appropriate
and reliable barometer of market activity prior to the market opening
due to its broad based market coverage and deep liquidity. Using the
S&P 500 Futures disseminated value at 9:15 a.m. as the barometer of
market activity, the Exchange is providing a transparent means of
offering adjusted guidelines in times of volatile market activity.
Outlier Transactions
    The proposed amendments to NYSE Arca Rule 7.10 provide that an
Officer may consider requests for review received after thirty minutes,
but not longer than sixty minutes after the execution in question in
the case of an Outlier Transaction. An Outlier Transaction is a
transaction where, (1) the execution price of the security is greater
than three times the current Numerical Guidelines, or (2) the execution
price of the security breaches the 52-week high or low, in which case
the Exchange may consider Additional Factors to determine if the
transaction qualifies for review or if the Corporation shall decline to
act.
Review Procedures
Initial Determination
    The Exchange proposes removing language that currently allows an
Officer to modify one or more of the terms of a transaction under
review. Under the proposed rule, the Officer of the Exchange will only
have the authority to break the trades or rule to let the trades stand.
This change attempts to remove the subjectivity from the rule that is
necessitated by an adjustment.
    The Exchange also proposes adding language stating that a
determination shall be made generally within 30 minutes of receipt of
the complaint, but in no case later than the start of Core Trading on
the following trading day. Rulings made outside of 30 minutes by an
Officer will not fail for lack of timeliness. The guideline simply
provides participants an appropriate expectation that a ruling will
generally be made within 30 minutes, and in no case later than the
start of Core Trading on the following trading day.
Appeals
    The Exchange proposes to amend the appeals procedure for trades
that are deemed to be clearly erroneous. First,

the Exchange will no longer accept appeal requests via facsimile.
Similar to the proposed language for an initial request for a ruling,
all appeal requests must be made via email.
    The current rule provides that the Exchange shall review and render
a decision upon an appeal within a timeframe provided by the Exchange.
The proposed rule offers more definite guidelines to ensure the
expedient resolution of appeals. It requires the Exchange to review
appeals as soon as practicable, but generally on the same day as the
executions under review. Appeals received between 3 ET and the close of
trading in the Late Trading Session should be made as soon as
practicable, but in no case later than the trading day following the
date of the execution under review. Appeals will not fail for lack of
timeliness. This revised provision provides participants a reasonable
expectation of when a ruling on appeal will generally be made.
    Further, the proposed rule declares that any determination made by
an Officer or by the CEE Panel shall be rendered without prejudice as
to the right of the parties to the transaction to submit their dispute
to arbitration. This provision simply clarifies the fact that nothing
in the proposed rule limits or impedes the rights of the parties to
arbitrate their dispute.
System Disruption and Malfunctions
    Currently, within the System Disruptions and Malfunctions section
of the rule, after an Officer determines that a trade was clearly
erroneous he may declare the transaction null and void or modify the
trade to attempt to achieve and equitable rectification of the error.
The proposed Rule eliminates the Exchange's ability to modify a clearly
erroneous execution. The Exchange must either uphold or nullify the
execution based upon the findings of the Officer reviewing the
execution.
    The proposed Rule provides that, in the event of a disruption or a
malfunction, an Officer of the Corporation or other senior level
employee designee will rely on the proposed numerical guidelines in
determining whether an execution is clearly erroneous. However, the
Officer or senior level employee may also use a lower Numerical
Guideline if necessary to maintain a fair and orderly market, protect
investors, and protect the public interest. The proposed rule also adds
that actions taken under these circumstances must be taken within 30
minutes of detection of the erroneous transaction in the ordinary case,
and by no later than the start of the Core Trading Session on the day
following the date of the execution under review when extraordinary
circumstances exist.
Officers Acting on Their Own Motion
    The Exchange proposes to add a section to the Rule that will grant
Officers the ability to act on their own motion to review potentially
erroneous executions. Under the current rule, Officers have the ability
to act upon their own motion only in the event of a system disruption
or malfunction. The proposed rule would allow an Officer of the
Corporation or other senior level employee designee to review
executions and rely on the Numerical Guidelines, under any
circumstance. In extraordinary circumstances an Officer or senior level
employee may apply a lower Numerical Guideline if it is determined that
such action is necessary to maintain a fair and orderly market or
protect investors and the public interest. In some instances the
Exchange may detect a single execution that breaches the Numerical
Guidelines but is not the subject of a ruling request. This provision
gives the Exchange the ability to review such executions. Additionally,
in practice, clearly erroneous executions commonly involve multiple
parties and multiple executions. In such instances, all affected
parties may not request a ruling. The Exchange proposes this provision
to permit an Officer to rule on a group of transactions related to the
same occurrence or event as a whole, without a formal request for a
ruling from every affected party.
Trade Nullification for UTP Securities that are Subject of Initial
Public Offerings
    The proposed rule also modifies NYSE Arca's policy on trade
nullification and for UTP securities that are subject to initial public
offerings. Under the proposed rule, Officers must either declare an
opening transaction null and void or decline to take action, but can no
longer be adjusted. Furthermore, the proposed rule requires that, in
extraordinary circumstances, the reviewing Officer may take action by
no later than the start of Core Trading on the day following the date
of the execution under review.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b)\10\ of the
Securities Exchange Act of 1934 (the ``Exchange Act''), in general, and
furthers the objectives of Section 6(b)(5)\11\ 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, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
The proposed rule change provides transparency and finality for
participants and creates consistent results across U.S. equities
exchanges with respect to clearly erroneous executions. This proposed
change further promotes the maintenance of a fair and orderly market,
the protection of investors and the protection of the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

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-2009-36 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-2009-36. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of 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-2009-36 and should be submitted on or before
May 26, 2009.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-10288 Filed 5-4-09; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Proposed Rules]
[Pages 8030-8031]
[FR Doc No: 2016-03107]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2016-0045; FRL 9942-36-Region 7]

Approval of Iowa's Air Quality Implementation Plans; Polk County
Board of Health Rules and Regulations, Chapter V, Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
revisions to the State Implementation Plan (SIP) for the State of Iowa.
The purpose of these revisions is to update the Polk County Board of
Health Rules and Regulations, Chapter V, Air Pollution. The proposed
revisions reflect updates to the Iowa statewide rules previously
approved by EPA and will ensure consistency between the applicable
local agency rules and Federally-approved rules.

DATES: Comments on this proposed action must be received in writing by
March 18, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2016-0045, to http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at

(913) 551-7039, or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the state's SIP revision as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial revision amendment and anticipates no relevant adverse
comments to this action. A detailed rationale for the approval is set
forth in the direct final rule. If no relevant adverse comments are
received in response to this action, no further activity is
contemplated in relation to this action. If EPA receives relevant
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed action. EPA will not institute a second comment
period on this action. Any parties interested in commenting on this
action should do so at this time. Please note that if EPA receives
adverse comment on part of this rule and if that part can be severed
from the remainder of the rule, EPA may adopt as final those parts of
the rule that are not the subject of an adverse comment. For additional
information, see the direct final rule which is located in the rules
section of this Federal Register.

List of Subjects in 40 CFR Part 52

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

    Dated: February 1, 2016.
Mark Hague,
Regional Administrator, Region 7.
[FR Doc. 2016-03107 Filed 2-16-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Notices]
[Page 15471-15472]
[DOCID:fr06ap09-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC09-916-000]

Commission Information Collection Activities (FERC-916); Comment
Request; Extension

March 30, 3009.
AGENCY: Federal Energy Regulatory Commission (DOE).

ACTION: Notice of proposed information collection and request for
comments.

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SUMMARY: In compliance with the requirements of section 3506(c)(2)(a)
of the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Federal
Energy Regulatory Commission (Commission or FERC) is soliciting public
comment on the specific aspects of the information collection described
below.

DATES: Comments in consideration of the collection of information are
due June 1, 2009.

ADDRESSES: Comments may be filed either electronically or in paper
format, and should refer to Docket No. IC09-916-000. Documents must be
prepared in an acceptable filing format and in compliance with the
Federal Energy Regulatory Commission submission guidelines at http://
www.ferc.gov/help/submission-guide.asp.
    Comments may be eFiled. The eFiling option, under the Documents &
Filings tab on the Commission's home Web page (http://www.ferc.gov),
directs users to the eFiling Web page. First-time users follow the
eRegister instructions on the eFiling Web page to establish a user name
and password before eFiling. Filers will receive an e-mailed
confirmation of their filed comments. Commenters filing electronically
should not make a paper filing. If electronic filing is not possible,
deliver original and 14 paper copies of the filing to: Federal Energy
Regulatory Commission, Secretary of the Commission, 888 First Street,
NE., Washington, DC 20426.
    Parties interested in receiving automatic notification of activity
in this docket may do so through eSubscription. The eSubscription
option under the Documents & Filings tab on the Commission's home Web
page directs users to the eSubscription Web page. Users submit the
docket numbers of the filings they wish to track and will subsequently
receive an e-mail notification each time a filing is made under the
submitted docket numbers. First-time users will need to establish a
user name and password before eSubscribing.
    Filed comments and FERC issuances may be viewed, printed and
downloaded remotely from the Commission's Web site. The eLibrary link
found at the top of most of the Commission's Web pages directs users to
FERC's eLibrary. From the eLibrary Web page, choose General Search, and
in the Docket Number space provided, enter IC09-916, then click the
Submit button at the bottom of the page. For help with any of the
Commission's electronic submission or retrieval systems, e-mail FERC
Online Support<EMAIL_ADDRESS>or telephone toll-free:
(866) 208-3676 (TTY<PHONE_NUMBER>).

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by
telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, and by e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Commission is requesting comments on the
record retention requirements of FERC-916,\1\ ``Record Retention
Requirements for Pipelines Providing Unbundled Sales Service, and
Persons Holding Blanket Marketing Certificates,'' OMB Control No. 1902-
0224. The FERC-916 record retention requirements are contained in 18
CFR 284.288(b) and 284.403(b).
---------------------------------------------------------------------------

    \1\ FERC-916 was formerly called ``FERC-916(549),'' with the
intent of consolidating the FERC-916 into the FERC-549 (OMB Control
No. 1902-0086). FERC has decided not to consolidate the FERC-916
into the FERC-549, so this Notice deals only with the FERC-916
requirements.
---------------------------------------------------------------------------

    The Commission's regulations at 18 CFR 284.288 and 284.403 provide
that applicable sellers of natural gas adhere to a code of conduct when
making gas sales in order to protect the integrity of the market. The
Commission imposes the FERC-916 record retention requirement on
applicable sellers to ``retain, for a period of five years, all data
and information upon which it billed the prices it charged for natural
gas it sold pursuant to its market based sales certificate or the
prices it reported for use in price indices.'' FERC uses the FERC-916
records to monitor the jurisdictional transportation activities and
unbundled sales activities of interstate natural gas pipelines and
blanket marketing certificate holders.

    The record retention period of five years is necessary due to the
importance of records related to any investigation of possible
wrongdoing and related to assuring compliance with the codes of conduct
and the integrity of the market. The requirement is necessary to ensure
consistency with the rule prohibiting market manipulation (regulations
adopted in Order No. 670, implementing the EPAct 2005 anti-manipulation
provisions \2\) and the generally applicable five-year statute of
limitations where the Commission seeks civil penalties for violations
of the anti-manipulation rules or other rules, regulations, or orders
to which the price data may be relevant.
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    \2\ 18 CFR 1c.1 and 1c.2, 71 FR 4244 (2006).
---------------------------------------------------------------------------

    Failure to have this information available would mean the
Commission is unable to perform its regulatory functions and to monitor
and evaluate transactions and operations of interstate pipelines and
blanket marketing certificate holders.
    Action: The Commission is requesting a three-year extension of the
current expiration date for the FERC-916, with no changes to the
requirements.
    Burden Statement: Public reporting burden for this collection is
estimated at:

----------------------------------------------------------------------------------------------------------------
                                                 Number of        Number of      Average burden
              FERC requirements                 respondents     responses per      hours per       Total annual
                                                  annually        respondent        response       burden hours
                                                         (1)              (2)              (3)   (1) x (2) x (3)
----------------------------------------------------------------------------------------------------------------
FERC-916....................................             222                1                1              222
----------------------------------------------------------------------------------------------------------------

The estimated total annual cost to respondents includes hours for labor
(222 hrs. at $17 per hour, for a labor cost of $3,774) and record
storage costs (using an estimated 12,548 cu. ft of records in off-site
storage, for a total record storage cost of $81,051). The total annual
cost (labor plus off-site record storage) is $84,825; the total annual
cost per respondent is $382.
    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
    The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
retaining these records, such as administrative costs, off-site records
storage, and the cost for information technology. Indirect or overhead
costs are costs incurred by an organization in support of its mission.
These costs apply to activities which benefit the whole organization
rather than any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) 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; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including 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.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-7571 Filed 4-3-09; 8:45 am]


[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Notices]
[Page 64556]
[FR Doc No: 2013-25647]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, October
31, 2013 at 1:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matter at the Closed Meeting.
    Commissioner Stein, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting will be:
    institution and settlement of injunctive actions;
    institution and settlement of administrative proceedings;
    adjudicatory matters;
    amicus consideration; and
    other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: October 24, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-25647 Filed 10-25-13; 12:00 am]
BILLING CODE 8011-01-P