[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38706-38707]
[FR Doc No: 2013-15397]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1840-002.
    Applicants: Blythe Energy Inc.
    Description: Blythe Energy Inc. MBR Tariff to be effective 5/18/
2013.
    Filed Date: 6/14/13.
    Accession Number: 20130614-5001.
    Comments Due: 5 p.m. ET 7/5/13.

    Docket Numbers: ER13-1380-002.
    Applicants: New York Independent System Operator, Inc.
    Description: NYISO Amendment to its June 12 NCZ Deficiency Letter
Response to be effective 7/1/2013.
    Filed Date: 6/14/13.
    Accession Number: 20130614-5087.
    Comments Due: 5 p.m. ET 6/21/13.

    Docket Numbers: ER13-1504-001.
    Applicants: SWG Arapahoe, LLC.
    Description: Amendment to Application for Market-Based Rate
Authority to be effective 6/10/2013.
    Filed Date: 6/14/13.
    Accession Number: 20130614-5123.
    Comments Due: 5 p.m. ET 6/28/13.

    Docket Numbers: ER13-1685-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company LGIA with KM
Acquisitions LLC to be effective 5/15/2013.
    Filed Date: 6/14/13.
    Accession Number: 20130614-5002.
    Comments Due: 5 p.m. ET 7/5/13.

    Docket Numbers: ER13-1686-000.
    Applicants: Niagara Mohawk Power Corporation, New York Independent
System Operator, Inc.
    Description: SGIA No. 2006 between National Grid and Synergy Biogas
to be effective 8/14/2013.
    Filed Date: 6/14/13.
    Accession Number: 20130614-5059.
    Comments Due: 5 p.m. ET 7/5/13.

    Docket Numbers: ER13-1687-000.
    Applicants: Arizona Public Service Company.
    Description: Notice of Cancellation of Service Agreement No. 129
with Salt River Project Agricultural Improvement and Power District
Merchant Group.
    Filed Date: 6/14/13.
    Accession Number: 20130614-5065.
    Comments Due: 5 p.m. ET 7/5/13.

    Docket Numbers: ER13-1688-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. 06-14-
2013 SA 2524 ITC-DTE Electric GIA (J235) to be effective 6/15/2013.
    Filed Date: 6/14/13.
    Accession Number: 20130614-5066.
    Comments Due: 5 p.m. ET 7/5/13.

    Docket Numbers: ER13-1689-000.
    Applicants: AEP Generation Resources Inc.
    Description: AEP Generation Resources Inc. Reactive Supply and
Voltage Control from Generation Sources Service to be effective 1/1/
2014.
    Filed Date: 6/14/13.
    Accession Number: 20130614-5093.
    Comments Due: 5 p.m. ET 7/5/13.

    Docket Numbers: ER13-1690-000.

    Applicants: Indiana Michigan Power Company.
    Description: Indiana Michigan Power Company Reactive Supply and
Voltage Control from Generation Sources Service Concurrence to be
effective 1/1/2014.
    Filed Date: 6/14/13.
    Accession Number: 20130614-5099.
    Comments Due: 5 p.m. ET 7/5/13.

    Docket Numbers: ER13-1691-000.
    Applicants: Kentucky Power Company.
    Description: Kentucky Power Company Reactive Supply and Voltage
Control From Generation Sources Service Concurrence to be effective 1/
1/2014.
    Filed Date: 6/14/13.
    Accession Number: 20130614-5101.
    Comments Due: 5 p.m. ET 7/5/13.

    Docket Numbers: ER13-1692-000.
    Applicants: Florida Power & Light Company.
    Description: FPL and Miami-Dade County Service Agreement No. 124 to
be effective 8/13/2013.
    Filed Date: 6/14/13.
    Accession Number: 20130614-5106.
    Comments Due: 5 p.m. ET 7/5/13.

    Docket Numbers: ER13-1693-000.
    Applicants: Appalachian Power Company.
    Description: Appalachian Power Company Reactive Supply and Voltage
Control from Generation Sources Service to be effective 1/1/2014.
    Filed Date: 6/14/13.
    Accession Number: 20130614-5107.
    Comments Due: 5 p.m. ET 7/5/13.

    Docket Numbers: ER13-1694-000.
    Applicants: Florida Power & Light Company.
    Description: FPL and PBSWA Original Service Agreement No. 313 to be
effective 6/15/2013.
    Filed Date: 6/14/13.
    Accession Number: 20130614-5108.
    Comments Due: 5 p.m. ET 7/5/13.

    Docket Numbers: ER13-1695-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. 06-14-
2013 Escanaba Amended Schedule 43 v3.0.0 to be effective 6/15/2013.
    Filed Date: 06/14/2013.
    Accession Number: 20130614-5148.
    Comment Date: 5 p.m. ET 7/5/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 14, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-15397 Filed 6-26-13; 8:45 am]
BILLING CODE 6717-01-P


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If you have any problems or questions, please call your OEI Desk Officer. 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/ OW/ OGWDW 2. OMB control number b. X None a__ __ __ __  __ __ __ __ 2 0 4 0 3. Type of information collection ( check one) a. X New collection b. G Revision of a currently approved collection c. G 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. GThree years from approval date b. X Other Specify: One year 7. Title Drinking Water Customer Satisfaction Survey 8. Agency form number( s) ( If applicable) EPA ICR No. 2016.01 9. Keywords CCR, SWA, tap water, customer satisfaction survey, SDWA 10. Abstract The Office of Ground Water and Drinking Water is planning to conduct a customer satisfaction survey on the effectiveness of its right to know efforts required under the Safe Drinking Water Act. The Safe Drinking Water Act requires EPA to ensure drinking water information is made available to the general public. This survey will allow the EPA to evaluate current public awareness initiatives for disseminating drinking water information to the public. Conducting this survey will help the EPA assess general customer perceptions and habits concerning drinking water. By gauging the effectiveness of current outreach activities, the Agency will measure whether information efforts are meeting customer needs. The Agency will also gain insight on how to improve the way this information is disseminated in the future. The information collected will involve 1000 randomly selected adults from the general public. The selected individuals will be asked specific quesitons concerning general consumer awareness issues, consumer confidence reports ( annual water quality reports), source water assessments, and customer preferences with respect to mechanisms for receiving information. In addiion, the survey asks demographic questions about factors that may be drivers of satisfaction. These factors include consumer perceptions of water quality, concerns about taste and odor and whether consumers currently drink bottled water or filter their tap water. The survey instrument is a voluntary telephone questionnaire, averaging 11 minutes, that covers 26 questions. EPA will conduct this survey only once during the period for which this ICR is in effect.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. P Individuals or households d. Farms b. 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. P Voluntary b. G Required to obtain or retain benefits c. G Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 1250 b. Total annual responses 1250 1. Percentage of these responses collected electronically 0 % c. Total hours requested 188 d. Current OMB inventory 0 e. Difference 188 f. Explanation of difference 1. Program Change 188 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 0 2. Adjustment 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. Application for benefits e. P Program planning or management b. X Program evaluation f. _ Research c. _ X General purpose statistics g. __ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. Q Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) One Time Collection 17. Statistical methods Does this information collection employ statistical methods? X Yes Q No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Scott Conklin Phone: ( 202) 564 4640 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 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


[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Notices]
[Pages 11777-11778]
[FR Doc No: 2014-04515]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC14-60-000.
    Applicants: Pheasant Run Wind II, LLC, DTE Energy Company, DTE
Electric Company.
    Description: Application for Authorization for Disposition of
Jurisdictional Facilities of Pheasant Run Wind II, LLC, et. al.
    Filed Date: 2/20/14.
    Accession Number: 20140220-5226.
    Comments Due: 5 p.m. ET 3/13/14.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2721-003.
    Applicants: El Paso Electric Company.
    Description: Second Letter responding to telephone request of
Commission Staff of El Paso Electric Company.
    Filed Date: 2/21/14.
    Accession Number: 20140221-5096.
    Comments Due: 5 p.m. ET 3/14/14.

    Docket Numbers: ER11-3417-005; ER10-2895-009; ER13-2143-002; ER10-
3167-001; ER13-203-001; ER11-2292-008; ER11-3942-007; ER11-2293-008;
ER10-2917-009; ER11-2294-008; ER12-2447-006; ER13-1613-002; ER10-2918-
010; ER12-199-008; ER10-2920-009; ER11-3941-007; ER10-2921-009; ER10-
2922-009; ER10-3048-007; ER10-2966-009; ER10-3178-002.
    Applicants: Alta Wind VIII, LLC, Bear Swamp Power Company LLC,
Black Bear Development Holdings, LLC, Black Bear Hydro Partners LLC,
Black Bear SO, LLC, Brookfield Energy Marketing Inc., Brookfield Energy
Marketing LP, Brookfield Energy Marketing US LLC, Brookfield Power
Piney & Deep Creek LLC, Brookfield Renewable Energy Marketing US,
Brookfield Smoky Mountain Hydropower LLC, Brookfield White Pine Hydro
LLC, Carr Street Generating Station, L.P., Coram California
Development, L.P., Erie Boulevard Hydropower, L.P., Granite Reliable
Power, LLC, Great Lakes Hydro America, LLC, Hawks Nest Hydro LLC, Mesa
Wind Power Corporation, Rumford Falls Hydro LLC, Windstar Energy, LLC.
    Description: Notice of Change in Status of the Brookfield Companies
under ER11-3417, et al.
    Filed Date: 2/20/14.
    Accession Number: 20140220-5229.
    Comments Due: 5 p.m. ET 3/13/14.

    Docket Numbers: ER14-206-003.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-02-21 TOA SOC App A Compliance ER14-206-000 and -
002 to be effective 12/28/2013.
    Filed Date: 2/21/14.
    Accession Number: 20140221-5120.
    Comments Due: 5 p.m. ET 3/14/14.

    Docket Numbers: ER14-503-001.
    Applicants: PJM Interconnection, L.L.C.

    Description: Deficiency filing per 1/28/2014 Order in ER14-503-000
to be effective 1/31/2014.
    Filed Date: 2/21/14.
    Accession Number: 20140221-5000.
    Comments Due: 5 p.m. ET 3/7/14.

    Docket Numbers: ER14-1348-000.
    Applicants: The Dow Chemical Company.
    Description: The Dow Chemical Company--Baseline Tariff Filing to be
effective 2/21/2014.
    Filed Date: 2/20/14.
    Accession Number: 20140220-5199.
    Comments Due: 5 p.m. ET 3/13/14.

    Docket Numbers: ER14-1349-000.
    Applicants: Union Carbide Corporation.
    Description: Union Carbide Corporation--Baseline Tariff Filing to
be effective 2/21/2014.
    Filed Date: 2/20/14.
    Accession Number: 20140220-5200.
    Comments Due: 5 p.m. ET 3/13/14.

    Docket Numbers: ER14-1350-000.
    Applicants: California Independent System Operator Corporation.
    Description: 2014-02-21--EIMImplemantationAgmt to be effective 4/
23/2014.
    Filed Date: 2/21/14.
    Accession Number: 20140221-5063.
    Comments Due: 5 p.m. ET 3/14/14.

    Docket Numbers: ER14-1351-000.
    Applicants: Southern California Edison Company.
    Description: Amended IFA With City of Industry for Grand Crossing
Development Project to be effective 2/22/2014.
    Filed Date: 2/21/14.
    Accession Number: 20140221-5079.
    Comments Due: 5 p.m. ET 3/14/14.

    Docket Numbers: ER14-1352-000.
    Applicants: Puget Sound Energy, Inc.
    Description: SGIP and SGIA Pro Forma to be effective 11/14/2011.
    Filed Date: 2/21/14.
    Accession Number: 20140221-5122.
    Comments Due: 5 p.m. ET 3/14/14.

    Take notice that the Commission received the following electric
securities filings:
    Docket Numbers: ES14-21-000.
    Applicants: AEP Indiana Michigan Transmission Company, Inc., AEP
Kentucky Transmission Company, Inc., AEP Oklahoma Transmission Company,
Inc., AEP Southwestern Transmission Company, Inc., AEP West Virginia
Transmission Company, Inc.

    Description: Supplement to January 13, 2014 Application under
Section 204 of the Federal Power Act of AEP Indiana Michigan
Transmission Company, Inc. et. al. for Authorization to Issue
Securities.
    Filed Date: 2/21/14.
    Accession Number: 20140221-5115.
    Comments Due: 5 p.m. ET 3/3/14.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 21, 2014..
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-04515 Filed 2-28-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Notices]
[Pages 16643-16644]
[FR Doc No: 2017-06683]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80346; File No. SR-NYSEArca-2017-09]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change, as Modified by Amendment No. 1, Regarding Investments of the
Janus Short Duration Income ETF Listed Under NYSE Arca Equities Rule
8.600

March 30, 2017.
    On January 30, 2017, NYSE Arca, Inc. (``Exchange'') 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 regarding
investments of the Janus Short Duration Income ETF listed under NYSE
Arca Equities Rule 8.600. The proposed rule change was published for
comment in the Federal Register on February 17, 2017.\3\ On March 13,
2017, the Exchange filed Amendment No. 1 to the proposed rule
change.\4\ The Commission received no comment letters on 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. 80028 (February 13,
2017), 82 FR 11089.
    \4\ Amendment No. 1 is available at: https://www.sec.gov/comments/sr-nysearca-2017-09/nysearca201709-1641603-145721.pdf.
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    Section 19(b)(2) of the Act \5\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is April 3, 2017. The Commission is extending this 45-day time period.
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    \5\ 15 U.S.C. 78s(b)(2).
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    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider the proposed rule change, as modified by
Amendment No. 1. Accordingly, the Commission, pursuant to Section
19(b)(2) of the Act,\6\

designates May 18, 2017, as the date by which the Commission shall
either approve or disapprove, or institute proceedings to determine
whether to disapprove, the proposed rule change, as modified by
Amendment No. 1 (File No. SR-NYSEArca-2017-09).
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    \6\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(31).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-06683 Filed 4-4-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 169 (Thursday, August 30, 2012)]
[Notices]
[Pages 52715-52716]
[FR Doc No: C1-2012-21066]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2012-0632; FRL--9721-7]

Request for Comment on Letters Seeking a Waiver of the Renewable
Fuel Standard

Correction

    Editorial Note: Notice document 12-21066 was inadvertently
omitted from the issue of Monday, August 27, 2012. It is being
printed in its entirety in today's issue.
AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is seeking comment on letters requesting a waiver of the
renewable fuel standard and matters relevant to EPA's consideration of
those requests. Governors of the States of Arkansas and North Carolina
submitted separate requests for a waiver. Section 211(o)(7)(A) of the
Clean Air Act allows the Administrator of the EPA to waive the national
volume requirements of the renewable fuel standard program in whole or
in part if implementation of those requirements would severely harm the
economy or environment of a State, a region, or the United States, or
if the Administrator determines that there is inadequate domestic
supply of renewable fuel.

DATES: Comments. Written comments must be received on or before
September 26, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2012-0632, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2012-0632, Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Avenue NW., Washington, DC 20460. Please include a total
of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2012-0632. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Dallas Burkholder, Office of
Transportation and Air Quality, Environmental Protection Agency,
National Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann
Arbor, MI 48105; telephone number:<PHONE_NUMBER>; fax number: (734)
214-4050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

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

    EPA has established a public docket for this Notice under Docket ID
No. EPA-HQ-OAR-2012-0632 which is available for online viewing at
www.regulations.gov, or in person viewing at the EPA/DC Docket Center
Public Reading Room, 1301 Constitution Avenue NW., Room 3334,
Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air and Radiation Docket is<PHONE_NUMBER>.
    Use www.regulations.gov to obtain a copy of the waiver requests,
submit or view public comments, access the index listing of the
contents of the docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the docket ID number identified in this
document.

II. Background

    The Renewable Fuel Standard (RFS) program began in 2006 pursuant to
the Energy Policy Act of 2005 (EPAct), which added provisions in
section 211(o) of the Clean Air Act (CAA, or ``Act''), for a renewable
fuel program, commonly referred to as RFS1. The statutory provisions
for the RFS program were subsequently modified through the Energy
Independence and Security Act of 2007 (EISA), and EPA published revised
regulatory requirements on March 26, 2010 (75 FR 14670) (referred to as
RFS2). The transition from the RFS1 requirements of EPAct to the RFS2
requirements of EISA generally occurred on July 1, 2010. EISA
establishes annual national renewable fuel volumes required through
2022 for four categories of renewable fuel: cellulosic biofuel, biomass
based diesel, advanced biofuel, and total renewable fuel. Though EISA
establishes a schedule of increasing national volume mandates over
time, it also requires the Administrator to set the specific volume
requirements for refiners and importers annually. The applicable volume
standards under the RFS program for the 2012 compliance year were
published in the Federal

Register on January 9, 2012 (77 FR 1320).
    Under the RFS program, obligated parties, typically gasoline or
diesel refiners or importers, are required to meet specific applicable
percentage standards to be in compliance. Renewable identification
numbers, or RINs, are assigned by the renewable fuel producer to each
gallon of qualifying renewable fuel and serve as a means for
demonstrating compliance by the obligated parties. Aside from using
sufficient current-year RINs to demonstrate compliance in a given year,
obligated parties may also choose (a) to use available RINs from the
prior year towards the current year's requirement, up to a 20 percent
cap, and/or (b) to carry forward a deficit into the next compliance
year.
    Section 211(o)(7) of the Act allows the Administrator, in
consultation with the Secretary of Agriculture and the Secretary of
Energy, to waive the national volume requirements of the RFS, in whole
or in part, upon petition by one or more States, or by any party
subject to the requirements of the RFS program. The Administrator may
also waive the volume requirements on her own motion. A waiver may be
issued if the Administrator determines, after public notice and
opportunity for comment, that implementation of the RFS volume
requirement would severely harm the economy or environment of a State,
a region, or the United States, or that there is an inadequate domestic
supply. If a waiver is granted, it can last no longer than one year but
may be renewed by the Administrator after consultation with the
Secretary of Agriculture and the Secretary of Energy.

III. What is today's action?

    Governors of the States of Arkansas and North Carolina submitted
separate letters requesting a waiver of required volumes of renewable
fuel under the RFS program. EPA is seeking comment on the requests and
matters relevant to EPA's consideration of the requests. Section 211(o)
of the Act requires the Administrator, in consultation with the
Secretary of Agriculture and the Secretary of Energy, to approve or
disapprove a petition for a waiver of the RFS volume requirements
within 90 days after the date on which the petition is received by the
Administrator.
    The Governor of Arkansas submitted a letter dated August 13, 2012
requesting EPA ``waive an appropriate volume of renewable fuel,
pursuant to Section 211(o)(7)'' of the Act. The letter includes
statements regarding this year's drought, crop price increases, and
impacts in various economic sectors, including the poultry and cattle
sectors. The letter submitted by the Governor of North Carolina, dated
August 14, 2012, requests that ``the applicable volume of renewable
fuel be waived'' under the Act and also includes statements regarding
drought conditions in the United States and economic impacts in the
State.
    Other organizations and individuals--including among others the
Governors of the States of Delaware and Maryland, the National Pork
Producers Council, the Dairy Farmers of America, and various Members of
Congress--have also submitted letters either requesting the
Administrator utilize her authority to waive RFS volume requirements or
expressing support for the granting of a volume waiver. All of these
letters are available in the docket; any additional similar requests
submitted to EPA will also be docketed and considered together with
requests already received.
    EPA is issuing this notice to solicit comments and information on
the waiver requests, and the views of the public on whether the
statutory basis for a waiver of the national RFS requirements has been
met and, if so, whether EPA should exercise its discretion to grant a
waiver.

IV. Has EPA received RFS waiver requests in the past?

    In 2008, the Governor of the State of Texas requested a fifty
percent waiver of the national volume requirements for the RFS. EPA
denied Texas' waiver request because the evidence in that case did not
support a determination that implementation of the RFS mandate during
the time period at issue (September 1, 2008 through August 31, 2009)
would have severely harmed the economy of a State, region, or the
United States (73 FR 47168, August 13, 2008). EPA's 2008 denial of a
waiver discusses the analytical approach used to make the
determination, our legal interpretation of the relevant statutory
language, and other information that may be useful to commenters. It
also provides additional discussion of the types of information we
would expect in a waiver request.
    EPA's determination in response to Texas' waiver request was
supported by technical analysis conducted using a model developed by
researchers at Iowa State University (ISU). The 2008 analysis evaluated
the impact of a waiver of the volume standard by comparing the
circumstances with and without a waiver, to identify the impact
associated with implementation of the RFS program in the relevant time
period. The 2008 Texas waiver determination discusses the reasons EPA
utilized the ISU model and provides a brief description of how it
operates.
    The 2008 Texas waiver determination was the first EPA action in
response to a petition under 211(o)(7) of the Act, and as a result the
2008 decision addresses a number of questions regarding the scope of
that authority. This includes a discussion of how EPA interpreted the
provision's language regarding severe economic harm. We encourage
interested parties to review that discussion and provide comment on our
interpretation in the context of the 2012 waiver requests.

V. What specific information is EPA seeking?

    EPA requests comment on any matter that might be relevant to EPA's
review of and actions in response to the requests, specifically
including (but not limited to) information on:
    (a) Whether compliance with the RFS would severely harm the economy
of Arkansas, North Carolina, other States, a region, or the United
States;
    (b) whether the relief requested will remedy the harm;
    (c) to what extent, if any, a waiver would change demand for
ethanol and affect prices of corn, other feedstocks, feed, and food;
    (d) the amount of ethanol that is likely to be consumed in the U.S.
during the relevant time period, based on its value to refiners for
octane and other characteristics and other market conditions in the
absence of the RFS volume requirements; and
    (e) if a waiver were appropriate, the amount of required renewable
fuel volume appropriate to waive, the date on which any waiver should
commence and end, and to which compliance years it would apply.
    Commenters should include data or specific examples in support of
their comments in order to aid the Administrator in evaluating the
requests for a waiver and determining what action if any is appropriate
in light of all of the circumstances.

    Dated: August 20, 2012.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.

    Editorial Note: Notice document 2012-21066 was inadvertently
omitted from the issue of Monday, August 27, 2012. It is being
printed in its entirety in today's issue.

[FR Doc. C1-2012-21066 Filed 8-29-12; 8:45 am]
BILLING CODE 1505-01-D


Analysis of microcosm and mesocosm studies used to calibrate
CASM_Atrazine and determine a threshold screening level of concern
(LOC):   The EPA has asked the Panel to consider the approach used to
determine the LOC (Charge Question #2), as well as consideration of
uncertainty (Charge Questions #4 and #9-ii) .  This document provides a
review of the microcosm and mesocosm studies used to calibrate
CASM_Atrazine, specifically assessing them against three study quality
criteria; inclusion of treatment replication, use of statistics to
identify adverse effects, and whether recovery was measured and/or
reported.  Using all three criteria, the uncertainty surrounding the
selection of the screening LOC was estimated.  It was determined that
the screening LOC selected for this program represents a highly
conservative (lower-bound) no-effect threshold for assessing
atrazine-induced effects on primary producer communities in Midwestern
streams.


[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Notices]
[Pages 48195-48197]
[FR Doc No: 2011-19991]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65010; File No. SR-Phlx-2011-100]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX LLC Relating
to Member and Member Organization Participation

August 2, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on July 26, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to apply Exchange Rule 3211 entitled ``PSX
Participant Registration'' to members and member organizations
conducting an options business.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
at the principal office of the Exchange, 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set

forth in sections A, B, and C below, of the most significant aspects of
such statements.

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

1. Purpose
    The purpose of the proposed rule change is to apply Exchange Rule
3211, entitled ``PSX Participant Registration'' to members and member
organizations transacting options. The Exchange proposes to clearly
specify requirements for all members and member organizations to access
the Exchange's trading system.
    The Exchange currently requires PSX Participants to comply with
certain requirements to access the Exchange's trading system as
specified in Exchange Rule 3211.\3\ The Exchange proposes to apply
substantially the same requirements in new Exchange Rule 911 to members
and member organizations transacting options, by eliminating paragraphs
(a) through (c) in Exchange Rule 3211, located in the PSX Rules, and
adopting new Exchange Rule 911, which is proposed to be located in the
Rules of the Exchange, and making it applicable to all members of the
Exchange. The Exchange proposes to add new Exchange Rule 911 to the
list of Rules in Exchange Rule 3202, entitled ``Application of Other
Rules of the Exchange,'' so that paragraphs (a) through (c) in Exchange
Rule 911 would continue to apply to PSX Participants. Also, the
Exchange proposes to rename Exchange Rule 3211 ``Sponsored
Participants'' to accurately reflect the substance of the remaining
language in 3211(d), which the Exchange would rename as paragraph ``a''
to reflect the removal of the previous paragraphs.
---------------------------------------------------------------------------

    \3\ See Exchange Rule 3211 entitled ``PSX Participant
Registration,'' which is applicable to PSX Participants.
---------------------------------------------------------------------------

    Today, the Exchange's trading system is accessible to all Exchange
members and member organizations, transacting equities or options, that
meet the registration, qualification and other membership requirements
set forth in the Exchange Rules. The Exchange's trading system, for
purposes of this Rule 911, shall include NASDAQ OMX PSX (``PSX''),\4\
PHLX XL[supreg] \5\ and the Floor Broker Management System
(``FBMS''),\6\ (collectively ``System'').\7\
---------------------------------------------------------------------------

    \4\ PSX is a cash equities electronic trading platform.
Specifically, PSX is an open-access fully electronic integrated
order display and execution system for NMS stocks.
    \5\ PHLX XL[supreg] is the Exchange's automated options trading
system. This proposal refers to ``PHLX XL'' as the Exchange's
automated options trading system. In May 2009 the Exchange enhanced
the system and adopted corresponding rules referring to the system
as ``Phlx XL II.'' See Securities Exchange Act Release No. 59995
(May 28, 2009), 74 FR 26750 (June 3, 2009) (SR-Phlx-2009-32). The
Exchange intends to submit a separate technical proposed rule change
that would change all references to the system from ``Phlx XL II''
to ``PHLX XL'' for branding purposes.
    \6\ FBMS is designed to enable floor brokers and/or their
employees to enter, route, and report transactions stemming from
options orders received on the Exchange. FBMS also is designed to
establish an electronic audit trail for options orders represented
and executed by floor brokers on the Exchange. See Exchange Rule
1080, commentary .06
    \7\ PSX Participants are not subject to this Rule, but are
subject to Exchange Rule 3211. See Exchange Rule 3211.
---------------------------------------------------------------------------

    Specifically, the Exchange proposes to apply the provisions of new
proposed Rule 911 to options members and member organizations. The
provisions in section (a) are clarifying amendments as options members
are required to comply with these provisions today. For example, the
obligation to register in paragraph (a) and to execute all applicable
agreements applies today to option members.\8\ The requirement to have
a membership in or arrangement with a clearing agency also applies
today to option members.\9\ Compliance with all applicable Rules and
procedures is specified in By-Law Article VI, Section 6-1 entitled
``Rights and Privileges'' and Section 6-12 entitled ``Dealing on the
Exchange,'' which By-Laws apply to all Exchange members.\10\ The
maintenance of physical security of the equipment located on the
premises of the member or member organization and improper use of the
Exchange's System is also currently enumerated in the Rules which are
applicable to options members.\11\ The acceptance and settlement of
trades effected by a member or member organization is delineated in the
Rules today and applicable to option members.\12\ The input of accurate
information into the Exchange's System \13\ and the effective date of a
member or member organization's registration, are described in the
Rules regarding registration of members and member organizations, which
are applicable to option members.\14\
---------------------------------------------------------------------------

    \8\ See Exchange Rules 600 (Registration), 604 (Registration and
Termination of Registered Persons), 620 (Trading Floor
Registration), 640 (Continuing Education for Registered Persons),
901 (Denials of and Conditions to Membership), Rule 908 (Rights and
Privileges of A-1 Permits) and Rule 910 (Qualification as Member
Organization), among other Rules.
    \9\ See Exchange Rule 59 (Deliveries through Registered Clearing
Agencies).
    \10\ See also Exchange Rule 1080 (Phlx XL and PHLX XL II)
describes PHLX XL and the obligations of options members.
    \11\ See Exchange By-Law Article VI, Section 6-3 (Use of
Facilities of Exchange), Rule 606 (Communication and Equipment),
Option Floor Procedure Advice F-31 (Communications and Equipment),
By-Law Article VII, Sec. 7-3 (Membership Qualifications) and
Exchange Rule 1080 (Phlx XL and PHLX XL II) describes PHLX XL and
the obligations of options members.
    \12\ See Exchange Rules 1035 (Acceptance of Bid or Offer), 1044
(Delivery and Payment) and 1052 (Responsibility of Clearing Options
Members for Exchange Options Transactions). These Rules are
applicable to options members today.
    \13\ See Exchange Rule 1053 (Filing Of Trade Information), 1055
(Reporting of Compared Trades to Options Clearing Corporation) and
1063 (Responsibilities of Floor Brokers). These Rules are applicable
to options members today.
    \14\ See Exchange Rules 600 (Registration), 604 (Registration
and Termination of Registered Persons) and 620 (Trading Floor
Registration). These Rules are applicable to options members today.
---------------------------------------------------------------------------

    The member and member organization's continuing obligation to
report any noncompliance with registration requirements is inferred
today in the Exchange's Rules.\15\ The Exchange believes that this
provision in section (b) of proposed Rule 911 should be equally applied
to option members as it is currently applicable to PSX Participants
today.
---------------------------------------------------------------------------

    \15\ See Exchange Rule 908 (Rights and Privileges of A-1
Permits) which provides that permit holders must abide by the By-
Laws and Rules of the Exchange.
---------------------------------------------------------------------------

    Finally, the provision in section (c) to impose temporary
restrictions upon the automated entry or updating of orders or quotes/
orders as the Exchange may determine is not currently applicable to
options members but only PSX members today. The Exchange is proposing
to apply this provision to options members in order that the Exchange
uniformly may apply its rules regarding System access to all members of
the Exchange. The Exchange believes that this provision of the proposed
Rule is necessary to protect the integrity of the Exchange's systems.
For example, such temporary restrictions may be necessary to address a
system problem at a particular member or member organization or at the
Exchange, or an unexpected period of extremely high message traffic.
The scope of any such restrictions shall be communicated to the
affected options member or member organization in writing.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \16\ in general, and furthers the objectives of Section
6(b)(5) of the Act \17\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and

open market and a national market system, and, in general to protect
investors and the public interest, by further clarifying the Exchange's
Rules with respect to its members and member organizations transacting
options. The Exchange believes that equally applying the rule to both
options members and member organizations and PSX Participants further
protects the public interest.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that this proposed rule would, in part,
clarify the obligations of an option member or member organization with
respect to the provisions in section (a)(1) through (6) of the proposed
Rule. As specified herein, the Exchange believes that option members
today are subject to these requirements and the proposal merely serves
to clarify these obligations in a single Rule. These requirements in
section (a) of the proposed rule seek to ensure that the option members
and member organizations are required to maintain certain standards to
protect the integrity of the Exchange's systems, as is the case today
for PSX Participants.
    The Exchange believes that an options member and member
organization's continuing obligation to report any noncompliance with
registration requirements is inferred in the Rules today as described
herein. The application of proposed Rule 911 to option members would
adopt a clear Rule for option members regarding their obligation to
report noncompliance with any registration requirement, as is the case
today for PSX Participants. The Exchange believes this provision is
instrumental in assisting the Exchange with its regulatory
responsibilities.
    Finally, the Exchange proposes to add a new provision, that it may
impose temporary restrictions upon the automated entry or updating of
orders or quotes/orders as the Exchange may determine to be necessary
to protect the integrity of the Exchange's systems, for option members.
This provision is applicable today to PSX Participants. The Exchange
believes that this ability to impose a temporary restriction upon
members and member organizations transacting options would assist the
Exchange in maintaining the integrity of the market and protecting
investors and the public interest.

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 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 either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \18\ and Rule 19b-4(f)(6) \19\
thereunder.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or 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-Phlx-2011-100 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-Phlx-2011-100. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2011-100 and should be
submitted on or before August 29, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-19991 Filed 8-5-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49522-49526]
[FR Doc No: 2023-16124]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97973; File No. SR-NASDAQ-2023-024]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Equity 4, Rules 4752, 4753, and 4754

July 25, 2023.
    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 July 19, 2023, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Equity 4, Rules 4752, 4753, and 4754
\3\ to clarify and restate the order in which Nasdaq prioritizes
executions of Orders in its Opening, Closing, and Halt Crosses.
---------------------------------------------------------------------------

    \3\ References herein to Nasdaq Rules in the 4000 Series shall
mean Rules in Nasdaq Equity 4.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend and restate portions of its Rules
governing its Opening (Rule 4752) and Closing Crosses (Rule 4754)
(collectively, the ``Crosses'') to clarify the existing processes for
execution prioritization, including by correcting errors and omissions,
as well as to clarify the Exchange's intentions for those processes.
The Exchange also proposes to amend the Rule governing processing of
the Halt Cross (Rule 4753) to accurately reflect the relative execution
prioritization of Displayed and Non-Displayed Orders entered therein.

    The Exchange's Rules governing its Crosses each include a
description of the priority in which the Exchange will execute Orders
eligible to execute in a Cross when fewer than all such orders can be
executed therein. The priority assignments are unique to each type of
Cross.
    With respect to the Opening and Closing Crosses, the Exchange
generally assigns priority in buckets as follows, with orders executed
on a price-time basis within each bucket: (1) market orders designated
for the Crosses; (2) interest designated for the Crosses that is priced
more aggressively than the Opening/Closing Cross Price, as applicable;
(3) limit on Open/Close orders and displayed interest priced at the
Opening/Closing Cross Price; and (4) non-displayed interest. All orders
unexecuted in the Crosses are cancelled unless they are otherwise
designated to continue trading afterwards.
    The Exchange proposes to restate its Opening and Closing Cross
procedures to clarify, simplify and, in certain cases, correct them so
that they fully reflect the Exchange's intentions and practices. The
Exchange believes that the existing Rule text is confusing in several
respects. First, the existing prioritization Rules expressly
differentiate between executions of certain Orders priced more
aggressively than the Cross prices from those that would be priced at
the Cross prices, even though the concept of price-time priority
necessarily provides that Orders priced more aggressively would execute
before Orders priced less aggressively. Second, the existing Rules
describe, but do not always state expressly, that they prioritize
execution of Displayed Orders and interest before Non-Displayed Orders.
Third, the Rules do not state clearly how the System prioritizes
certain Orders that are designated to either execute in the Crosses or
cancel, without rebooking unaltered into the continuous market.
    The Exchange proposes to restate and clarify these existing Rules
for the Nasdaq Opening and Closing Crosses to address these issues, as
follows.
    The Exchange proposes to retain the first order execution
prioritization bucket for the Nasdaq Opening Cross, at Rule
4752(d)(3)(A), which states that the System will first prioritize
execution of Market on Open Orders (``MOOs'') \4\ and Early Market
Hours market peg orders,\5\ with time as the secondary priority.
However, the Exchange proposes to consolidate the next two
prioritization buckets, at Rule 4752(d)(3)(B) and (C).
---------------------------------------------------------------------------

    \4\ A MOO is an Order Type entered without a price that may be
executed only during the Nasdaq Opening Cross at the price
determined by the Opening Cross. See Rule 4702(b)(8).
    \5\ ``Early Market Hours Orders'' are those that, if entered
into the System prior to 9:28 a.m. shall be treated as MOO and LOO,
as appropriate, for the purposes of the Nasdaq Opening Cross. See
Rule 4752(a)(10).
---------------------------------------------------------------------------

    Under existing Rule 4752(d)(3)(B), the System prioritizes Limit on
Open Orders (``LOOs''),\6\ limit orders with a Time in Force (``TIF'')
of Early Market Hours,\7\ Opening Imbalance Only Orders (``OIOs''),\8\
SDAY limit orders, SGTC limit orders, GTMC limit orders, SHEX limit
orders, displayed \9\ quotes, and reserve interest priced more
aggressively than the Nasdaq Opening Cross price based on limit price
with time as the secondary priority. Under existing Rule 4752(d)(3)(C),
the System prioritizes execution of remaining LOOs and displayed
interest, i.e., LOO orders, OIO, Early Market Hours Orders and
displayed interest of quotes, SDAY limit orders, SGTC limit orders,
GTMC limit orders, and SHEX limit orders, at the Nasdaq Opening Cross
price with time as the secondary priority. Nasdaq proposes to
consolidate these two buckets into one, as they state essentially the
same thing--that the Exchange will prioritize as a group the execution
of Displayed Orders and interest, with price as the primary priority,
and then within each price level, time as the secondary priority. That
is, there is no reason to distinguish between Orders priced more
aggressively than the Opening Cross Price from those priced at the
Opening Cross Price, as the concept of price-time priority sufficiently
implies that the former category of Orders will execute prior to the
latter category of Orders.\10\ The proposed amended Rule text also
makes clear that all of the Orders in this new single prioritization
bucket are either Displayed Orders or, as discussed below, are neither
Displayed nor Non-Displayed Orders, but are currently treated like
Displayed Orders for purposes of execution priority.\11\ This includes
auction-only Orders with an Immediate-or-Cancel Order Attribute
(``IOC'' Orders) \12\ that do not rest on the Book after entry (and
thus are neither Displayed nor Non-Displayed, strictly speaking), and
are designated to either execute in the Opening Cross or cancel,
without rebooking unaltered into the continuous market afterwards.
(OIOs are another example of such an auction-only Order that is
assigned a TIF of IOC and is therefore treated as a Displayed Order for
purposes of priority.) The existing prioritization language does not
clearly account for such Orders, and the proposal codifies their
treatment. The proposed consolidated and restated

prioritization bucket would be as follows, at a new Rule 4752(d)(3)(B):
---------------------------------------------------------------------------

    \6\ A LOO is an Order Type entered with a price that may be
executed only in the Nasdaq Opening Cross, and only if the price
determined by the Nasdaq Opening Cross is equal to or better than
the price at which the LOO Order was entered. See Rule 4702(b)(9).
    \7\ A TIF assigned to an Order means the period of time that the
Nasdaq Market Center will hold the Order for potential execution.
Participants specify an Order's Time-in-Force by designating a time
at which the Order will become active and a time at which the Order
will cease to be active. See Rule 4703(a). TIFs that would permit
trading on the Continuous Book during Regular Market Hours include
TIFs of ``Market Hours,'' ``Market Hours Day'' or ``MDAY,'' ``Market
Hours Good-til-Cancelled'' or ``MGTC,'' ``System Hours,'' ``System
Hours Good-til-Cancelled'' or ``SGTC,'' ``Good-til-Cancelled'' or
``GTC,'' and Extended Hours Trading or ``EXT.'' TIFs that would
permit trading on the Continuous Book after Regular Market Hours
include TIFs of ``System Hours,'' ``SDAY,'' ``GTC,'' and Closing
Cross/Extended Hours'' or ``EXT.'' See id.; see Rule 4702(b)(12)(B).
    \8\ An OIO is an Order Type entered with a price that may be
executed only in the Nasdaq Opening Cross and only against MOO
Orders, LOO Orders, or Early Market Hours Orders. See Rule
4702(b)(10).
    \9\ Display is an Order Attribute that allows the price and size
of an Order to be displayed to market participants via market data
feeds. All Orders that are Attributable are also displayed, but an
Order may be displayed without being Attributable. As discussed in
Rule 4702, a Non-Displayed Order is a specific Order Type, but other
Order Types may also be non-displayed if they are not assigned a
Display Order Attribute; however, depending on context, all Orders
that are not displayed may be referred to as ``Non-Displayed
Orders.'' An Order with a Display Order Attribute may be referred to
as a ``Displayed Order.'' See Rule 4703(k).
    \10\ There is also no reason for the existing Rules to state the
different types of Displayed Limit Orders that this bucket contains,
as all such Limit Orders are included in it. Thus, the Exchange
proposes to refer to these orders collectively as ``Limit Orders.''
    \11\ The proposed amended Rule also addresses an oversight in
the prioritization of Reserve Orders. Currently, Rule 4752(d)(3)(B)
expressly sets priority for ``displayed . . . reserve interest''--
which refers to the Displayed portion of Reserve Orders--priced more
aggressively than the Cross Price. However, Rule 4752(d)(3)(C) does
not expressly account for displayed reserve interest priced at the
Opening Cross Price. Instead, the Rule merely implies that such
Orders are included in (C) by referring to ``remaining . . .
displayed interest.'' Market participants may find such incongruous
language confusing, and the Exchange therefore the Exchange proposes
to delete references to ``reserve interest'' in existing Rule
4752(d)(3)(B) and the ``interest of quotes'' in existing Rule
4752(d)(3)(C) in favor of the phrase ``the Displayed size of Reserve
Orders.''
    \12\ As stated in Rule 4703(a)(1), an IOC Order is one that is
designated to deactivate immediately after determining whether the
Order is marketable. Except as provided in Rule 4702 with respect to
Opening Cross/Market Hours Orders and Closing Cross/Extended Hours
Orders, MOO, LOO, OIO, MOC, LOC and OI Orders all have a Time in
Force of IOC, because they are designated for execution in the
Nasdaq Opening Cross or the Nasdaq Closing Cross, as applicable, and
are cancelled after determining whether they are executable in such
cross. Such an Order may also be referred to as having a Time-in-
Force of ``On Open'' or ``On Close'', respectively. An MOO, LOO,
OIO, MOC, LOC or IO Order, or any other Order with a Time-in-Force
of IOC entered between 9:30 a.m. ET and 4:00 p.m. ET, may be
referred to as having a Time-in-Force of ``Market Hours Immediate or
Cancel'' or ``MIOC.''

    Displayed Orders, with price as the primary priority, and then
within each price level, with time as the secondary priority,
including the following: LOOs; OIOs; Limit Orders; the Displayed
size of Reserve Orders; other Displayed interests and all Orders
with TIFs designated to execute in the Opening Cross and not
---------------------------------------------------------------------------
immediately rebook, unaltered, into the continuous market;

    The Exchange proposes to restate and renumber current Rule
4752(d)(3)(D), which prioritizes the execution of the reserve interest
of quotes, SDAY limit orders, SGTC limit orders, GTMC limit orders, and
SHEX limit orders, at the Nasdaq Opening Cross price with time as the
secondary priority. Nasdaq proposes to amend this provision to state
expressly what this provision implies--that it encompasses the
prioritization of Non-Displayed Orders in price-time priority. Thus,
the Exchange proposes to replace Rule 4752(d)(3)(D) with a new Rule
4752(d)(3)(C), which would state as follows: ``Non-Displayed Orders,
including LOOs, Limit Orders, and the Non-Displayed size of Reserve
Orders, with price as the primary priority, and then within each price
level, time as the secondary priority.''
    The Exchange proposes to move the last sentence of Rule
4752(d)(3)(B), which states that an Order to buy (sell) that is locked
or crossed at its non-displayed price by a Post-Only Order on the
Nasdaq Book in Early Market Hours, and which has been deemed to have a
price at one minimum price increment below (above) the price of the
Post-Only Order, shall be ranked in time priority behind all orders at
the price at which the Order was posted to the Nasdaq Book. The
Exchange proposes to move this provision to a new, unnumbered paragraph
in Rule 4752(d)(3) that follows the prioritization provisions at
(d)(3)(A)-(C). This Exchange proposes this change because this
provision is not part of the general prioritization of Displayed and
Non-Displayed Orders in the Cross; rather it provides for special
prioritization of an Order in a specific circumstance involving
interaction with a specific Order Type. The Exchange believes that
relocating this provision will avoid confusion.
    The Exchange proposes to make similar amendments to Rule
4754(b)(3), which governs the execution priority of Orders and interest
in the Nasdaq Closing Cross when fewer than all MOC, Limit on Close
Orders (``LOCs''),\13\ IO, and Close Eligible Interest \14\ would be
executed therein. Similar to the Opening Cross Rules, the Exchange
proposes to retain current Rule 4754(b)(3)(A), which prioritizes
execution of Market on Close Orders (``MOCs''),\15\ with time as the
secondary priority. And again, the Exchange proposes to consolidate and
restate the second and third prioritization buckets.
---------------------------------------------------------------------------

    \13\ A LOC is an Order Type entered with a price that may be
executed only in the Nasdaq Closing Cross or the LULD Closing Cross
(except as provided herein), and only if the price determined by the
Nasdaq Closing Cross or the LULD Closing Cross (except as provided
herein) is equal to or better than the price at which the LOC Order
was entered. See Rule 4702(b)(12).
    \14\ Close Eligible Interest means any quotation or any order
that may be entered into the system and designated with a time-in-
force of SDAY, SGTC, MDAY, MGTC, SHEX, or GTMC. See Rule 4754(a)(1).
    \15\ A MOC is an Order Type entered without a price that may be
executed only during the Nasdaq Closing Cross at the price
determined by the Closing Cross. See Rule 4702(b)(11).
---------------------------------------------------------------------------

    Existing Rule 4754(b)(3)(B) prioritizes LOC, limit orders,
Imbalance Only Orders (``IOs''),\16\ Displayed quotes and reserve
interest priced more aggressively than the Nasdaq Closing Cross price
based on price with time as the secondary priority. Meanwhile, existing
Rule 4754(b)(3)(C) prioritizes LOCs, IOs, displayed interest of limit
orders, and displayed interest of quotes at the Nasdaq Closing Cross
price with time as the secondary priority. Again, Nasdaq proposes to
consolidate these two buckets into one to state more simply the concept
that, in the Closing Cross, the Exchange will prioritize as a group the
execution of Displayed Orders and interest, with price as the primary
priority, and then within each price level, with time as the secondary
priority. As with the Opening Cross, there is no reason to distinguish
in the Closing Cross between Orders priced more aggressively than the
Closing Cross Price from those priced at the Closing Cross Price, as
the concept of price-time priority sufficiently implies that the former
category of Orders will execute prior to the latter category of
Orders.\17\ The proposed amended Rule text also makes clear that all of
the Orders in this new single prioritization bucket are either
Displayed Orders or are currently treated like Displayed Orders for
purposes of execution priority, despite being neither Displayed nor
Non-Displayed.\18\ This includes auction-only IOC Orders that do not
rest on the Book after entry (and thus are neither Displayed nor Non-
Displayed, strictly speaking), and are designated to either execute in
the Closing Cross or cancel, without rebooking unaltered into the
continuous market afterwards. (IOs are another example of such an
auction-only Order that is assigned a TIF of IOC and is therefore
treated as a Displayed Order for purposes of priority.) The existing
prioritization language does not clearly account for such Orders, and
the proposal codifies their treatment. The proposed consolidated and
restated prioritization bucket would be as follows, at a new Rule
4754(b)(3)(B):
---------------------------------------------------------------------------

    \16\ An IO is an Order entered with a price that may be executed
only in the Nasdaq Closing Cross and only against MOC Orders or LOC
Orders. See Rule 4702(b)(13).
    \17\ There is also no reason for the existing Rules to state the
different types of Displayed Limit Orders that this bucket contains,
as all such Limit Orders are included in it. Thus, the Exchange
proposes to refer to these orders collectively as ``Limit Orders.''
    \18\ The proposed amended Rule also addresses an oversight in
the prioritization of Reserve Orders. Currently, Rule 4754(b)(3)(B)
expressly sets priority for ``displayed . . . reserve interest''--
which refers to the Displayed portion of Reserve Orders--priced more
aggressively than the Cross Price. However, Rule 4754(b)(3)(C) does
not expressly account for Displayed Reserve interest priced at the
Opening Cross Price. Instead, the Rule merely implies that such
Orders are included in (C) by referring to ``remaining . . .
displayed interest.'' Market participants may find such incongruous
language confusing, and the Exchange proposes to delete references
to ``reserve interest'' in existing Rule 4754(b)(3)(B) and the
``interest of quotes'' in existing Rule 4754(b)(3)(C) in favor of
the phrase ``Displayed size of Reserve Orders.''

    Displayed Orders, with price as the primary priority, and then
within each price level, with time as the secondary priority,
including the following: LOCs; IOs; Limit orders; the Displayed size
of Reserve Orders; other Displayed interest; and all Orders with
TIFs designated to execute in the Nasdaq Closing Cross and not
immediately rebook, unaltered, into the continuous market after
---------------------------------------------------------------------------
Regular Market Hours;

    The Exchange proposes to restate and renumber current Rule
4754(b)(3)(D), which prioritizes the execution of reserve interest at
the Nasdaq Closing Cross price with time as the secondary priority.
Nasdaq proposes to amend this provision to state expressly what the
Exchange intends for this provision to imply--that it encompasses the
prioritization of the Non-Displayed portion of Reserve Orders and other
Non-Displayed Orders in price-time priority. Thus, the Exchange
proposes to replace Rule 4754(b)(3)(D) with a new Rule 4752(b)(3)(C),
which would state as follows: ``Non-Displayed Orders, including LOCs,
Limit Orders, and the Non-Displayed size of Reserve Orders, with price
as the primary priority, and then within each price level, time as the
secondary priority.''
    The Exchange proposes to delete current Rule 4754(b)(3)(E), which
states that unexecuted MOC, LOC, and IO orders will be canceled. The
Exchange

proposes to delete this provision because it does not concern the
prioritization of execution and it is redundant of statements of the
cancellation conductions for these Order Types as set forth in Rule
4702. The Exchange also notes that a similar provision does not exist
in Rule 4752(d)(3) governing the Nasdaq Opening Cross, such that the
deletion of this provision will render both sets of Cross rules
consistent.
    The Exchange proposes to move the last sentence of Rule
4754(b)(3)(B), which states that an Order to buy (sell) that is locked
or crossed at its non-displayed price by a Post-Only Order on the
Nasdaq Book, and which has been deemed to have a price at one minimum
price increment below (above) the price of the Post-Only Order, shall
be ranked in time priority behind all orders at the price at which the
Order was posted to the Nasdaq Book. The Exchange proposes to move this
provision to a new, unnumbered paragraph in Rule 4754(b)(3) that
follows the prioritization provisions at (b)(3)(A)-(C). This Exchange
proposes this change because this provision is not part of the general
prioritization of Displayed and Non-Displayed Orders in the Cross;
rather it provides for special prioritization of an Order in a specific
circumstance involving interaction with a specific Order Type. The
Exchange believes that relocating this provision will avoid confusion.
    In addition to the above, the Exchange proposes to amend Rule 4753,
which governs the Exchange's procedures for conducting the Halt Cross
when fewer than all shares of Eligible Interest \19\ are executed at
the Nasdaq Halt Cross price. Currently, Rule 4753(b)(3) states that, if
the Nasdaq Halt Cross price is selected and fewer than all shares of
Eligible Interest that are available in the Nasdaq Market Center would
be executed, all Eligible Interest shall be executed at the Nasdaq Halt
Cross price in price-time priority.\20\ The Exchange proposes to amend
this Rule to account for the fact that it fails to distinguish between
how the System prioritizes Displayed (and IOCs and IOs treated as
Displayed Orders) vis-a-vis Non-Displayed Eligible Interest in a Halt
Cross. Specifically, the Exchange proposes to amend the reference to
``price/time'' priority to state instead ``price/display/time
priority.'' The Exchange also proposes to add a sentence which states
that Displayed Eligible Interest and Orders with IOC shall be ranked in
time priority ahead of Non-Displayed Eligible Interest with the same
prices.
---------------------------------------------------------------------------

    \19\ Eligible Interest is any quotation or any Order that has
been entered into the system and designated with a TIF that would
allow the order to be in force at the time of the Halt Cross. See
Rule 4753(a)(5).
    \20\ Rule 4753(b)(3) also states that an Order to buy (sell)
that is locked or crossed at its non-displayed price by a Post-Only
Order on the Nasdaq Book, and which has been deemed to have a price
at one minimum price increment below (above) the price of the Post-
Only Order, shall be ranked in time priority ahead of all orders one
minimum price increment below (above) the price of the Post-Only
Order but behind all orders at the price at which the Order was
posted to the Nasdaq Book.
---------------------------------------------------------------------------

    This proposed amendment is intended to codify existing practice and
to render Halt Cross prioritization procedures roughly consistent with
those of the Opening and Closing Crosses.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act,\21\ in general, and furthers the objectives of section
6(b)(5) of the Act,\22\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b).
    \22\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    It is consistent with the Act to for the Exchange to amend its
Rules governing its Crosses so that they account for how the System
prioritizes certain Orders in certain situations and so that they
accurately and clearly distinguish between how the System prioritizes
Displayed versus Non-Displayed variants of Orders in the Crosses, as
well as Orders with IOC that do not survive the Crosses. It is in the
best interests of investors and the public, and consistent with the
maintenance of an orderly market, to maintain comprehensive, accurate,
and specific rules governing the prioritization of order execution in
the Nasdaq Crosses. Doing so will avoid potential participant and
investor confusion and frustration as well as promote confidence and
participation in the Crosses.

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 not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change will
clarify and correct the Exchange's Rules governing its prioritization
of order executions in the Cross. Such changes are neither intended to
nor will they adversely impact competition. If anything, the Exchange
expects that the proposed changes will promote competition by
increasing confidence in and the attractiveness of participating in the
Exchange's Crosses.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \23\ and Rule 19b-
4(f)(6) thereunder.\24\
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \25\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \26\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest because the proposed
rule change does not raise any new or novel issues. Accordingly, the
Commission hereby waives the 30-day operative delay and designates the
proposed rule change as operative upon filing.\27\
---------------------------------------------------------------------------

    \25\ 17 CFR 240.19b-4(f)(6).
    \26\ 17 CFR 240.19b-4(f)(6)(iii).
    \27\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such

action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule change
should be approved or 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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-NASDAQ-2023-024 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to file number SR-NASDAQ-2023-024. This
file number should be included on the subject line if email 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 website (https://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 website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection.
    All submissions should refer to file number SR-NASDAQ-2023-024 and
should be submitted on or before August 21, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
---------------------------------------------------------------------------

    \28\ 17 CFR 200.30-3(a)(12), (59).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-16124 Filed 7-28-23; 8:45 am]
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[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Proposed Rules]
[Pages 78952-78953]
[FR Doc No: 2010-31740]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2010-0859; FRL-9240-3]

Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Commonwealth of Virginia; Control
of Emissions From Existing Hospital/Medical/Infectious Waste
Incinerator (HMIWI) Units, Negative Declaration and Withdrawal of EPA
Plan Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA proposes to approve the Commonwealth of Virginia's
negative declaration and request for EPA withdrawal of its section
111(d)/129 plan (the plan) approval for HMIWI units. Submittal of a
negative declaration or State plan revision is a requirement of the
Clean Air Act (CAA). In the Final Rules section of this Federal
Register, EPA is approving the Commonwealth of Virginia's negative
declaration and request for EPA withdrawal of its plan approval for
HMIWI units. A detailed rationale for the approval is set forth in the
direct final rule. If no adverse comments are received in response to
this action, no further activity is contemplated. If EPA receives
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 rule. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time.

DATES: Comments must be received in writing by January 18, 2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0859 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail: E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2010-0859, Walter K. Wilkie, Associate
Director, Air Protection, Division, Office of Air Monitoring and
Analysis, Mailcode 3AP40, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0859 EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in

the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State agency submittals are available at the Virginia Department of
Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: James B. Topsale, P.E., at (215) 814-
2190, or by e-mail at<EMAIL_ADDRESS>Please note that while
questions may be posed via phone and e-mail, formal comments must be
submitted in writing, as indicated in the ADDRESSES section of this
document.

SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication.

    Dated: December 2, 2010.
W.C. Early,
Acting Regional Administrator, EPA Region III.
[FR Doc. 2010-31740 Filed 12-16-10; 8:45 am]
BILLING CODE 6560-50-P