[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 22026-22027]
[FR Doc No: 2023-07667]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas & Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP23-675-000.
    Applicants: Pine Needle LNG Company, LLC.
    Description: Compliance filing: Petition for Approval of a
Negotiated Stipulation and Agreement_2023-0405 to be effective N/A.
    Filed Date: 4/5/23.
    Accession Number: 20230405-5109.
    Comment Date: 5 p.m. ET 4/17/23.

    Docket Numbers: RP23-676-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Rate Schedule S-2 Compliance
FIling Effective 01/01/2023 to be effective 1/1/2023.
    Filed Date: 4/5/23.
    Accession Number: 20230405-5132.
    Comment Date: 5 p.m. ET 4/17/23.

    Docket Numbers: RP23-677-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Compliance filing: EGTS Settlement Flow Through Refund
to Rate Schedules GSS and LSS Customers to be effective N/A.
    Filed Date: 4/6/23.
    Accession Number: 20230406-5000.
    Comment Date: 5 p.m. ET 4/18/23.

    Docket Numbers: RP23-678-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreements
Update (Hartree April 2023) to be effective 4/6/2023.
    Filed Date: 4/6/23.
    Accession Number: 20230406-5095.
    Comment Date: 5 p.m. ET 4/18/23.

    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.

Filings in Existing Proceedings

    Docket Numbers: RP15-23-000.
    Applicants: Transwestern Pipeline Company, LLC.
    Description: Refund Report: RP15-23-000 Refund Report to be
effective N/A.
    Filed Date: 4/6/23.
    Accession Number: 20230406-5025.
    Comment Date: 5 p.m. ET 4/18/23.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    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: April 6, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-07667 Filed 4-11-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66394-66395]
[FR Doc No: 2019-26175]

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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
rate filings:

    Docket Numbers: ER19-878-002.
    Applicants: Enel Green Power Hilltopper Wind, LLC.
    Description: Compliance filing: Compliance Filing for ER19-878 to
submit updated tariff records to be effective 3/30/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5088.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-280-001.
    Applicants: Skookumchuck Wind Energy Project, LLC.
    Description: Supplement to November 1, 2019 Skookumchuck Wind
Energy Project, LLC tariff filing.
    Filed Date: 11/22/19.
    Accession Number: 20191122-5145.
    Comments Due: 5 p.m. ET 12/2/19.

    Docket Numbers: ER20-459-000.
    Applicants: WSPP Inc.
    Description: Sec.  205(d) Rate Filing: List of Members sections 4
and 6 2020 to be effective 1/25/2020.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5006.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-460-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Filing of 4th Amended and
Restated Corn Belt-IPL IA to be effective 1/26/2020.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5064.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-461-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original WMPA SA No. 5523;
Queue No. AE1-162 to be effective 10/29/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5077.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-462-000.
    Applicants: Indiana Michigan Power Company, PJM Interconnection,
L.L.C.
    Description: Sec.  205(d) Rate Filing: AEPSC submits
Interconnection Agreement, SA No. 1263 to be effective 10/17/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5086.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-463-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Sec.  205(d) Rate Filing: DEF-FMPA-Winter Park-FMPA
Reimbursement Agreement (Rate Schedule No. 257) to be effective 1/1/
2020.
    Filed Date: 11/25/19.
    Accession Number: 20191125-5260.
    Comments Due: 5 p.m. ET 12/16/19.

    Docket Numbers: ER20-464-000.
    Applicants: Greenleaf Energy Unit 2 LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 12/9/2019.

    Filed Date: 11/25/19.
    Accession Number: 20191125-5262.
    Comments Due: 5 p.m. ET 12/16/19.

    Docket Numbers: ER20-465-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Revision to Lathrop
Irrigation District Replacement IA and TFA (SA 366) to be effective 1/
25/2020.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5093.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-466-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2019-11-26_SA 3377 METC-
Assembly Solar GIA (J796) to be effective 11/11/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5102.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-467-000.
    Applicants: Ambit Northeast, LLC.
    Description: Sec.  205(d) Rate Filing: Normal 2019 to be effective
11/27/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5113.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-468-000.
    Applicants: Duke Energy Ohio, Inc.
    Description: Notice of Cancellation of Conforming Jurisdictional
Agreements of Duke Energy Ohio, Inc.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5122.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-469-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA
No. 4392; Queue No. AA1-093 to be effective 12/23/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5124.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-470-000.
    Applicants: Skylar Power Marketing, LLC.
    Description: Baseline eTariff Filing: Skylar Power Marketing, LLC--
Application for Market-Based Rate Authorization to be effective 11/27/
2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5130.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-471-000.
    Applicants: Nevada Power Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule 158 Amended
DesertLink OM to be effective 11/27/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5145.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-472-000.
    Applicants: Duke Energy Progress, LLC.
    Description: Sec.  205(d) Rate Filing: DEP-NCEMPA NITSA and MSA (SA
Nos. 268 & 380) to be effective 1/1/2020.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5147.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-473-000.
    Applicants: Avista Corporation.
    Description: Sec.  205(d) Rate Filing: Avista Corp FERC Rate
Schedule T1152-BPA EI Letter Agreement to be effective 11/27/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5191.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-474-000.
    Applicants: Hatchet Ridge Wind, LLC.
    Description: Sec.  205(d) Rate Filing: Notice of Non-Material
Change in Status to be effective 11/27/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5197.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-475-000.
    Applicants: Ocotillo Express LLC.
    Description: Sec.  205(d) Rate Filing: Notice of Non-Material
Change in Status to be effective 11/27/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5199.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-476-000.
    Applicants: Georgia Power Company.
    Description: Sec.  205(d) Rate Filing: GPCo 2019 PBOP Filing to be
effective 1/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5247.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-477-000.
    Applicants: Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: PBOP 2019 Filing to be
effective 1/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5248.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-478-000.
    Applicants: Southern Electric Generating Company.
    Description: Sec.  205(d) Rate Filing: SEGCo 2019 PBOP Filing to be
effective 1/1/2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5251.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-479-000.
    Applicants: Little Bear Solar 1, LLC.
    Description: Baseline eTariff Filing: MBR Application and Request
for Expedited Treatment to be effective 1/10/2020.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5262.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-480-000.
    Applicants: AEP Indiana Michigan Transmission Company, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: AEPSC submits IMTCo and
NIPSCO Interconnection Agreement SA No. 4247 to be effective 10/26/
2019.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5266.
    Comments Due: 5 p.m. ET 12/17/19.

    Docket Numbers: ER20-481-000.
    Applicants: Little Bear Solar 3, LLC.
    Description: Baseline eTariff Filing: MBR Application and Request
for Expedited Treatment to be effective 1/10/2020.
    Filed Date: 11/26/19.
    Accession Number: 20191126-5267.
    Comments Due: 5 p.m. ET 12/17/19.

    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: November 26, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-26175 Filed 12-3-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 12, 2005 (Volume 70, Number 237)]
[Notices]
[Page 73461]
[DOCID:fr12de05-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-115-000]

Alliance Pipeline L.P.; Notice of Proposed Changes in FERC Gas
Tariff

December 6, 2005.
    Take notice that on November 30, 2005, Alliance Pipeline L.P.
(Alliance) tendered for filing as part of its FERC Gas Tariff, Original
Volume No. 1, Third Revised Sheet No. 10, proposed to become effective
January 1, 2006.
    Alliance states that the proposed revised tariff sheet sets forth
the revised ACA unit charge established by the Commission and
applicable to the Recourse Rates set forth in the tariff.
    Alliance states that copies of its filing have been mailed to all
customers, state commissions, and other interested parties.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7215 Filed 12-9-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 15, 2009 (Volume 74, Number 198)]
[Notices]
[Page 52967-52968]
[DOCID:fr15oc09-60]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0488]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Records and Reports Concerning Experience With
Approved New Animal Drugs; Adverse Event Reports on Forms FDA 1932,
1932a, and 2301

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on requirements for recordkeeping
and reports concerning experience with approved new animal drugs. The
information contained in the reports required by the regulation enables
FDA to monitor the use of new animal drugs after approval and to ensure
their continued safety and efficacy.

DATES: Submit written or electronic comments on the collection of
information by December 14, 2009.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Denver Presley Jr, Office of
Information Management (HFA-710), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Records and Reports Concerning Experience With Approved New Animal
Drugs; Adverse Event Reports on Forms FDA 1932, 1932a, and 2301--21 CFR
Section 514.80 (OMB No. 0910-0284)--Extension

    Sections 512(l) of the Federal Food, Drug, and Cosmetic Act (the
act) (21 U.S.C. 360b(l)) and Sec.  514.80 (21 CFR 514.80) of FDA
regulations require applicants of approved new animal drug applications
(NADAs) and abbreviated new animal drug applications (ANADAs) to report
adverse drug experiences and product/manufacturing defects (see Sec.
514.80(b)).
    This continuous monitoring of approved NADAs and ANADAs affords the
primary means by which FDA obtains information regarding potential
problems with the safety and efficacy of marketed approved new animal
drugs as well as potential product/manufacturing problems. Postapproval
marketing surveillance is important because data previously submitted
to FDA may not be adequate, as animal drug effects can change over time
and less apparent effects may take years to manifest.
    Under Sec.  514.80(d), an applicant must report adverse drug
experiences and product/manufacturing defects on Form FDA 1932,
``Veterinary Adverse Drug Reaction, Lack of Effectiveness, Product
Defect Report.'' Periodic drug experience reports and special drug
experience reports must be accompanied by a completed Form FDA 2301,
``Transmittal of Periodic Reports and Promotional Material for New
Animal Drugs'' (see Sec.  514.80(d)). Form FDA 1932a, ``Veterinary
Adverse Drug Reaction, Lack of Effectiveness or Product Defect Report''
allows for voluntary reporting of adverse drug experiences or product/
manufacturing defects.
    The electronic versions of Forms FDA 1932 and 1932a have been
incorporated into the agency-wide information collection
(MedWatch\Plus\ Portal and Rational Questionnaire) that was announced
for public comment in the Federal Register of October 23, 2008 (73 FR
63153). MedWatch\Plus\ Portal and Rational Questionnaire is part of a
new electronic system for collecting, submitting, and processing
adverse event reports and other safety information for all FDA-
regulated products. In the Federal Register of May 20, 2009 (74 FR
23721), FDA announced the submission for OMB review and clearance of
the electronic data collection using MedWatch\Plus\ Portal and Rational
Questionnaire.
    Burden hours for the electronic versions of these forms were
included as part of the MedWatch\Plus\ Portal and Rationale
Questionnaire information collection approved under OMB control number
0910-0645. It is estimated that, during the first 3 years that the
MedWatch\Plus\ Portal is in use, half of the reports will be submitted
in paper format and half will be submitted electronically. In order to
avoid double counting, an estimated 50 percent of total annual
responses for FDA Form 1932 (404) and FDA Form 1932a (81.5) are counted
here as part of OMB control number 0910-0284 for the paper versions of
Forms FDA 1932 and 1932a, and an estimated 50 percent of the total
annual responses (404) and (81.5) for Form FDA 1932 and FDA Form 1932a
respectively, are counted as part of OMB control number 0910-0645 for
the electronic reporting of these adverse reports using the
MedWatch\Plus\ Portal.
    The paper versions of Forms FDA 1932 and 1932a, as well as Form FDA

2301, will continue to be counted as part of OMB control number 0910-
0284.
    The reporting and recordkeeping burden estimates, including the
total number of annual responses, are based on the submission of
reports to the Division of Surveillance, Center for Veterinary
Medicine. The annual frequency of responses was calculated as the total
annual responses divided by the number of respondents.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1.--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       No. of      Annual Frequency      Total Annual     Hours per
       21 CFR Section or Section of the Act         FDA Form No.    Respondents      per Response         Responses        Response      Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
514.80(b)(1), (b)(2)(i), (b)(2)(ii), and (b)(3)           1932\2\          404                44.26             17,882.5          1             17,882.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Voluntary reporting FDA Form 1932a for the public        1932a\2\           81.5               1                    81.5       1\3\                 81.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
514.80(b)(4)                                                 2301           84                17.0               1,428           16             22,848
--------------------------------------------------------------------------------------------------------------------------------------------------------
514.80(b)(5)(i)                                              2301           84                 0.31                 26            2                 52
--------------------------------------------------------------------------------------------------------------------------------------------------------
514.80(b)(5)(ii)                                             2301           84                33.92              2,849            2              5,698
--------------------------------------------------------------------------------------------------------------------------------------------------------
514.80(b)(5)(iii)                                            2301          646                 0.08                 49            2                 98
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Hours                                                                                46,660
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ Burden hours were determined as explained above.
\3\ The hours per response for paper versions of Forms FDA 1932 and 1932a are assumed to be 1 hour. The hours per response for the electronic version of
  Form FDA 1932 is assumed to be 1 hour, while the electronic version of Form FDA 1932a is assumed to take .6 hours to complete the form and gather the
  required information as part of the MedWatch\Plus\ Portal information collection (see 74 FR 23721 at 23727, May 20, 2009).

                               Table 2.--Estimated Annual Recordkeeping Burden\1\
----------------------------------------------------------------------------------------------------------------
 21 CFR        No. of         Annual Frequency
Section    Recordkeepers     per Recordkeeping    Total Annual  Records   Hours per  Record      Total Hours
----------------------------------------------------------------------------------------------------------------
514.80(                646                 7.20                     4651                 14             65,116.8
 e)\2\
----------------------------------------------------------------------------------------------------------------
Total                                                                                1,541
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ Section 514.80(e) covers all recordkeeping hours for all adverse event reporting.

    Dated: October 7, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-24734 Filed 10-14-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Notices]
[Page 51036-51039]
[DOCID:fr18au10-87]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0597; FRL-8840-4]

Pesticide Emergency Exemptions; Agency Decisions and State and
Federal Agency Crisis Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has granted emergency exemptions under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) for use of
pesticides as listed in this notice. The exemptions were granted during
the period October 1, 2009 to June 30, 2010 to control unforeseen pest
outbreaks.

FOR FURTHER INFORMATION CONTACT: See each emergency exemption for the
name of a contact person. The following information applies to all
contact persons: Team Leader, Emergency Response Team, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed at the end of the emergency exemption
of interest.

B. How Can I Get Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0597. Publicly available
docket materials are available either electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

II. Background

    EPA has granted emergency exemptions to the following State and
Federal agencies. The emergency exemptions may take the following form:
Crisis, public health, quarantine, or specific.
    Under FIFRA section 18, EPA can authorize the use of a pesticide
when emergency conditions exist. Authorizations (commonly called
emergency exemptions) are granted to State and Federal agencies and are
of four types:
    1. A ``specific exemption'' authorizes use of a pesticide against
specific pests on a limited acreage in a particular State. Most
emergency exemptions are specific exemptions.
    2. ``Quarantine'' and ``public health'' exemptions are emergency
exemptions issued for quarantine or public health purposes. These are
rarely requested.
    3. A ``crisis exemption'' is initiated by a State or Federal agency
(and is confirmed by EPA) when there is insufficient time to request
and obtain EPA permission for use of a pesticide in an emergency.
    EPA may deny an emergency exemption: If the State or Federal agency
cannot demonstrate that an emergency exists, if the use poses
unacceptable risks to the environment, or if EPA cannot reach a
conclusion that the proposed pesticide use is likely to result in ``a
reasonable certainty of no harm'' to human health, including exposure
of residues of the pesticide to infants and children.

    If the emergency use of the pesticide on a food or feed commodity
would result in pesticide chemical residues, EPA establishes a time-
limited tolerance meeting the ``reasonable certainty of no harm
standard'' of the Federal Food, Drug, and Cosmetic Act (FFDCA).
    In this document: EPA identifies the State or Federal agency
granted the exemption, the type of exemption, the pesticide authorized
and the pests, the crop or use for which authorized, number of acres
(if applicable), and the duration of the exemption. EPA also gives the
Federal Register citation for the time-limited tolerance, if any.

III. Emergency Exemptions

A. U. S. States and Territories

California

Environmental Protection Agency, Department of Pesticide Regulation
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; October 2, 2009 to October 1, 2010. Contact:
Stacey Groce.
    EPA authorized the use of boscalid on Belgian endive to control
Sclerotinia sclerotiorum; November 13, 2009 to February 15, 2010.
Contact: Stacey Groce.
    EPA authorized the use of pyraclostrobin on Belgian endive to
control Sclerotinia sclerotiorum; November 13, 2009 to February 15,
2010. Contact: Stacey Groce.
    EPA authorized the use of 1-naphthaleneacetic acid on avocado to
suppress excessive branch growth (sprout inhibition); April 16, 2010 to
April 16, 2011. Contact: Marcel Howard.
    EPA authorized the use of propiconazole on peach and nectarine to
control sour rot; May 4, 2010 to November 30, 2010. Contact: Andrea
Conrath.
    EPA authorized the use of avermectin on lima beans to control two-
spotted spider mite; May 19, 2010 to August 31, 2010. Contact: Marcel
Howard.

Colorado

Department of Agriculture
Specific exemption: EPA authorized the use of abamectin on dry bulb
onions to control thrips; March 12, 2010 to September 30, 2010.
Contact: Keri Grinstead.
    EPA authorized the use of spirotetramat on dry bulb onions to
control thrips; May 5, 2010 to September 30, 2010. Contact: Keri
Grinstead.
Quarantine: EPA authorized the use of Environ LpH (containing the
active ingredients ortho-benzyl para-chlorophenol, para-tertiatry-
amylphenol, and ortho-phenylphenol in laboratories to control prions;
April 15, 2010, to April 15, 2013. Contact: Princess Campbell.

Florida

Department of Agriculture and Consumer Services
Specific exemption: EPA authorized the use of novaluron on strawberries
to control sap beetles; December 31, 2009 to December 31, 2010.
Contact: Marcel Howard.
Quarantine: EPA authorized the use of metconazole on sugarcane to
control orange rust (Puccinia kuehnii); October 1, 2009, to December
31, 2011. Contact: Libby Pemberton.
    EPA authorized the use of pyraclostrobin on sugarcane to control
orange rust (Puccinia kuehnii); October 1, 2009, to December 31, 2011.
Contact: Libby Pemberton.

Idaho

Department of Agriculture
Crisis: On June 24, 2010, for the use of diflubenzuron on alfalfa to
control grasshoppers and Mormon crickets. A specific exemption request
has been submitted to the Agency and this program is expected to end on
October 31, 2010. Contact: Andrea Conrath.
Specific exemption: EPA authorized the use of linuron on lentils to
control mayweed chamomile or dog fennel (Anthemis cotula) and prickly
lettuce (Lactuca serriola L.); December 30, 2009 to June 20, 2010.
Contact: Andrea Conrath.
    EPA authorized the use of spirotetramat on dry bulb onions to
control thrips; May 5, 2010 to September 15, 2010. Contact: Keri
Grinstead.
    EPA authorized the use of hexythiazox on sweet corn to control
mites; May 27, 2010 to August 20, 2010. Contact: Stacey Groce.

Illinois

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; October 2, 2009 to October 1, 2010. Contact:
Stacey Groce.
    EPA authorized the use of mandipropamid on basil to control downy
mildew; May 28, 2010 to October 15, 2010. Contact: Marcel Howard.
    EPA authorized the use of cyazofamid on basil to control downy
mildew; June 15, 2010 to October 15, 2010. Contact: Marcel Howard.

Indiana

Office of Indiana State Chemist
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; April 15, 2010 to October 1, 2010. Contact:
Stacey Groce.

Iowa

Department of Agriculture and Land Stewardship
Specific exemption: EPA authorized the use of sulfentrazone on
strawberry to control broadleaf weeds; June 25, 2010 to December 15,
2010. Contact: Andrea Conrath.

Kentucky

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; November 20, 2009 to October 1, 2010. Contact:
Stacey Groce.

Louisiana

Department of Agriculture and Forestry
Specific exemption: EPA authorized the use of anthraquinone on field
and sweet corn seed to repel crows and blackbird species; February 23,
2010 to February 23, 2011. Contact: Marcel Howard.
    EPA authorized the use of anthraquinone on rice seed to repel
blackbird species; April 1, 2010 to April 1, 2011. Contact: Marcel
Howard.

Massachusetts

Department of Food and Agriculture
Specific exemption: EPA authorized the use of quinclorac on cranberries
to control dodder; March 12, 2010 to July 31, 2010. Contact: Marcel
Howard.

Michigan

Department of Agriculture
Crisis: On June 17, 2010, for the use of spinosad on wooded areas to
control emerald ash borer. This program ended on July 1, 2010. Contact:
Libby Pemberton.
Specific exemption: EPA authorized the use of anthraquinone on field
and sweet corn seed to repel sand hill cranes; February 1, 2010 to
January 21, 2011. Contact: Marcel Howard.
    EPA authorized the use of kasugamycin on apples to control fire
blight; April 22, 2010 to April 1, 2011. Contact: Keri Grinstead.
    EPA authorized the use of spirotetramat on dry bulb onions to
control thrips; May 5, 2010 to September 30, 2010. Contact: Keri
Grinstead.
    EPA authorized the use of abamectin on dry bulb onions to control
thrips; June 14, 2010 to September 30, 2010. Contact: Keri Grinstead.
    EPA authorized the use of sulfentrazone on strawberry to control
broadleaf weeds; June 25, 2010 to December 15, 2010. Contact: Andrea
Conrath.

Minnesota

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; February 18, 2010 to October 1, 2010. Contact:
Stacey Groce.
    EPA authorized the use of anthraquinone on field and sweet corn
seed to repel sand hill cranes; February 26, 2010 to February 26, 2011.
Contact: Marcel Howard.

Mississippi

Department of Agriculture and Commerce
Specific exemption: EPA authorized the use of anthraquinone on field
and sweet corn seed to repel crows and blackbird species; March 12,
2010 to March 12, 2011. Contact: Marcel Howard.

Missouri

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; February 18, 2010 to October 1, 2010. Contact:
Stacey Groce.

Nevada

Department of Agriculture
Specific exemption: EPA authorized the use of spirotetramat on dry bulb
onions to control thrips; June 7, 2010 to September 15, 2010. Contact:
Keri Grinstead.

New Hampshire

Department of Agriculture
Crisis: On March 11, 2010, for the use of sodium hypochlorite on
surfaces and items to control Bacillus anthracis. This program ended on
March 30, 2010. Contact: Princess Campbell.

New Jersey

Department of Environmental Protection
Specific exemption: EPA authorized the use of quinclorac on cranberries
to control dodder; April 19, 2010 to December 15, 2010. Contact: Marcel
Howard.

New Mexico

Department of Agriculture
Specific exemption: EPA authorized the use of spirotetramat on dry bulb
onions to control thrips; May 5, 2010 to October 31, 2010. Contact:
Keri Grinstead.

New York

Department of Environmental Conservation
Specific exemption: EPA authorized the use of abamectin on dry bulb
onions to control thrips; March 12, 2010 to September 15, 2010.
Contact: Keri Grinstead.
    EPA authorized the use of spirotetramat on dry bulb onions to
control thrips; May 5, 2010 to September 15, 2010. Contact: Keri
Grinstead.

North Dakota

Department of Agriculture
Specific exemption: EPA authorized the use of anthraquinone on field
and sweet corn seed to repel ring-necked pheasants; April 7, 2010 to
April 7, 2011. Contact: Marcel Howard.
    EPA authorized the use of sulfentrazone on flax to control kochia;
May 7, 2010 to June 30, 2010. Contact: Andrea Conrath.

Ohio

Department of Agriculture
Specific exemption: EPA authorized the use of spirotetramat on dry bulb
onions to control thrips; May 5, 2010 to September 15, 2010. Contact:
Keri Grinstead.
    EPA authorized the use of sulfentrazone on strawberry to control
broadleaf weeds; June 20, 2010 to December 15, 2010. Contact: Andrea
Conrath.

Oklahoma

Department of Agriculture
Specific exemption: EPA authorized the use of nicosulfuron on
Bermudagrass and hayfields to control sandbur species; April 1, 2010 to
June 30, 2010. Contact: Stacey Groce.

Oregon

Department of Agriculture
Specific exemption: EPA authorized the use of fenpyroximate in beehives
to control varroa mites; October 8, 2009 to October 1, 2010. Contact:
Stacey Groce.
    EPA authorized the use of fenoxaprop-p-ethyl on grasses grown for
seed to control annual grassy weeds; February 12, 2010 to September 20,
2010. Contact: Andrea Conrath.
    EPA authorized the use of sulfentrazone on strawberry to control
broadleaf weeds; March 24, 2010 to February 28, 2010. Contact: Andrea
Conrath.
    EPA authorized the use of fipronil on rutabaga and turnip to
control the cabbage maggot; April 15, 2010 to September 30, 2010.
Contact: Andrea Conrath.
    EPA authorized the use of bifenthrin on orchardgrass to control the
orchardgrass billbug; April 15, 2010 to November 15, 2010. Contact:
Andrea Conrath.
    EPA authorized the use of spirotetramat on dry bulb onions to
control thrips; May 5, 2010 to September 15, 2010. Contact: Keri
Grinstead.

South Dakota

Department of Agriculture
Crisis: On June 14, 2010, for the use of diflubenzuron on alfalfa to
control grasshoppers and Mormon crickets. A specific exemption request
has been submitted to the Agency and this program is expected to end on
October 31, 2010. Contact: Andrea Conrath.
Specific exemption: EPA authorized the use of anthraquinone on field
and sweet corn seed to repel ring-necked pheasants; April 7, 2010 to
April 7, 2011. Contact: Marcel Howard.
    EPA authorized the use of anthraquinone on sunflower seed to repel
ring-necked pheasants; April 15, 2010 to April 15, 2011. Contact:
Marcel Howard.

Texas

Department of Agriculture
Specific exemption: EPA authorized the use of anthraquinone on field
and sweet corn seed to repel sand hill cranes; March 8, 2010 to March
8, 2011. Contact: Marcel Howard.
    EPA authorized the use of nicosulfuron on Bermudagrass and
hayfields to control sandbur species; April 1, 2010 to June 30, 2010.
Contact: Stacey Groce.
    EPA authorized the use of dinotefuran on rice to control rice stink
bug (Oebalus pugnax); May 14, 2010 to October 30, 2010. Contact: Libby
Pemberton.
Quarantine: EPA authorized the use of fipronil in an expansion of the
registered use around outside structures up to 10 feet up and out to
control a newly-introduced strain or species of Caribbean crazy ant;
October 21, 2009, to October 21, 2012. Contact: Andrea Conrath.
    EPA authorized the use of metconazole on sugarcane to control
orange rust (Puccinia kuehnii); June 14, 2010, to June 14, 2013.
Contact: Libby Pemberton.
    EPA authorized the use of pyraclostrobin on sugarcane to control
orange rust (Puccinia kuehnii); June 14, 2010, to June 14, 2013.
Contact: Libby Pemberton.

Utah

Department of Agriculture
Specific exemption: EPA authorized the use of spirotetramat on dry bulb
onions to control thrips; May 5, 2010 to September 1, 2010. Contact:
Keri Grinstead.

Vermont

Department of Agriculture
Crisis: On April 26, 2010, for the use of anthraquinone on field and
sweet corn seed to repel crow and blackbird species. A specific
exemption request

has been submitted to the Agency and this program is expected to end on
December 31, 2010. Contact: Marcel Howard.

Washington

Department of Agriculture
Specific exemption: EPA authorized the use of linuron on lentils to
control mayweed chamomile or dog fennel (Anthemis cotula) and prickly
lettuce (Lactuca serriola L.); December 30, 2009 to June 20, 2010.
Contact: Andrea Conrath.
    EPA authorized the use of sulfentrazone on strawberry to control
broadleaf weeds; March 24, 2010 to February 28, 2011. Contact: Andrea
Conrath.
    EPA authorized the use of spirotetramat on dry bulb onions to
control thrips; May 5, 2010 to September 15, 2010. Contact: Keri
Grinstead.
    EPA authorized the use of abamectin on dry bulb onions to control
thrips; June 14, 2010 to September 15, 2010. Contact: Keri Grinstead.

Wisconsin

Department of Agriculture, Trade, and Consumer Protection
Crisis: On May 21, 2010, for the use of zoxamide on ginseng to control
phytophthora blight. This program ended on June 5, 2010. Contact:
Stacey Groce.
Specific exemption: EPA authorized the use of anthraquinone on field
and sweet corn seed to repel sand hill cranes; February 26, 2010 to
February 26, 2011. Contact: Marcel Howard.
    EPA authorized the use of fenpyroximate in beehives to control
varroa mites; March 9, 2010 to October 1, 2010. Contact: Stacey Groce.
    EPA authorized the use of abamectin on dry bulb onions to control
thrips; March 12, 2010 to September 15, 2010. Contact: Keri Grinstead.
    EPA authorized the use of spirotetramat on dry bulb onions to
control thrips; May 5, 2010 to September 15, 2010. Contact: Keri
Grinstead.
    EPA authorized the use of sulfentrazone on strawberry to control
broadleaf weeds; June 20, 2010 to December 15, 2010. Contact: Andrea
Conrath.

Wyoming

Department of Agriculture
Crisis: On May 28, 2010, for the use of diflubenzuron on alfalfa to
control grasshoppers and Mormon crickets. A specific exemption request
has been submitted to the Agency and this program is expected to end on
October 31, 2010. Contact: Andrea Conrath.

B. Federal Departments and Agencies

Agriculture Department

Animal and Plant Health Inspection Service (APHIS)
Crisis: On May 4, 2010, for the use of methyl bromide on imported
avocados, bananas, opuntia, plantains, bulb vegetables, edible cacti,
Brassica leafy vegetables, cucurbit vegetables, leafy vegetables,
leaves of root and tuber vegetables, root and tuber vegetables, edible
podded legume vegetables, figs, fresh herbs and spices, ivy gourd,
Kaffir lime leaves, kiwi fruit, longan, lychee fruit, fresh and dried
mint, okra, pomegranate, pointed gourd, rambutan, seeds in the family
Malvacceae, small fruits and berries, and stone fruit to control
various plant pests not currently established in the United States.
APHIS has submitted a quarantine exemption to the Agency and this
program is expected to end on May 4, 2011. Contact: Libby Pemberton.
    On June 5, 2010, for the use of diazinon on containment areas and
equipment to control exotic fruit flies. A quarantine exemption request
has been submitted to the Agency and this program is expected to end on
June 15, 2011. Contact: Stacey Groce.
Quarantine: EPA authorized the use of ethylene oxide to sterilize the
interior surfaces of enclosed animal isolator units; March 11, 2010, to
March 11, 2013. Contact: Princess Campbell.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 10, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 2010-20445 Filed 8-17-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register: July 31, 2006 (Volume 71, Number 146)]
[Notices]
[Page 43263-43268]
[DOCID:fr31jy06-127]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54189; File No. SR-NYSEArca-2006-17]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change and
Amendment No. 1 Thereto Relating to the Trading of the Index-Linked
Securities of Barclays Bank PLC Linked to the Performance of the Dow
Jones--AIG Commodity Index Total Return Pursuant to Unlisted Trading
Privileges

July 21, 2006.
    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 May 16, 2006, NYSE Arca, Inc. (the ``Exchange''), through its wholly
owned subsidiary, NYSE Arca Equities, Inc. (``NYSE Arca Equities'' or
the ``Corporation''), 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. On July 20,
2006, the Exchange filed Amendment No. 1 to the proposed rule
change.\3\ The Commission is publishing this notice and order to
solicit comments on the proposed rule change, as amended, from
interested persons and is approving the proposal on an accelerated
basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange revised the proposed rule
text and amended the purpose section to provide (i) that the
Securities have a term of 30 years; (ii) that the Information
Bulletin will include a description of the Commission's no-action
relief; and (iii) an amended description of the Exchange's
surveillance procedures regarding the Securities. The changes in
Amendment No. 1 have been incorporated into this Notice and Order.
---------------------------------------------------------------------------

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

    Through NYSE Arca Equities, the Exchange proposes to amend its
rules governing NYSE Arca, LLC (also referred to as the ``NYSE Arca
Marketplace''), the equities trading facility of NYSE Arca Equities.
Pursuant to NYSE Arca Equities Rule 5.2(j)(6), the Exchange proposes to
trade pursuant to unlisted trading privileges (``UTP'') the Index-
Linked Securities (``Securities'') of Barclays Bank PLC (``Barclays''),
which are linked to the performance of the Dow Jones--AIG Commodity
Index Total Return (``Index''). The Exchange also proposes new
Commentary .01 to NYSE Arca Equities Rule 5.2(j)(6) to accommodate the
trading of the Securities. The text of the proposed rule change is
included below. Proposed new language is italicized.
* * * * *

Rule 5.2(j)(6)

Index-Linked Securities

    Introductory Paragraph and Sections (a)-(k)--No change.
    Commentary:
    .01 The provisions of this Commentary apply only to Index-Linked
Securities listed and/or traded under this Rule where the price of such
Index-Linked Securities is based in whole or part on the price of (i) a
commodity or commodities; (ii) any futures contracts or other
derivatives based on a commodity or commodities; or (iii) any index
based on either (i) or (ii) above (an ``Index'') (``Commodity Index-
Linked Securities''). Commodity Index-Linked Securities listed and/or
traded under this Rule may have a term of up to 30 years.
    (a) An ETP Holder acting as a registered Market Maker in Commodity
Index-Linked Securities is obligated to comply with Rule 7.26
pertaining to limitations on dealings when such Market Maker, or
affiliate of such Market Maker, engages in Other Business Activities.
For purposes of Commodity Index-Linked Securities, Other Business
Activities shall include acting as a Market Maker or functioning in any
capacity involving market-making responsibilities in the Index
components, the commodities underlying the Index components, or
options, futures or options on futures on the Index, or any other
derivatives (collectively, ``derivative instruments'') based on the
Index or based on any Index component or any physical commodity
underlying an Index component. However, an approved person of an ETP
Holder acting as a registered Market Maker in Commodity Index-Linked
Securities that has established and obtained Corporation approval of
procedures restricting the flow of material, non-public market
information between itself and the ETP Holder pursuant to Rule 7.26,
and any member, officer or employee associated therewith, may act in a
market making capacity, other than as a Market Maker in the Commodity
Index-Linked Securities on another market center, in the Index
components, the commodities underlying the Index components, or any
derivative instruments based on the Index or based on any Index
component or any physical commodity underlying an Index component.
    (b) The ETP Holder acting as a registered Market Maker in Commodity
Index-Linked Securities must file with the Corporation, in a manner
prescribed by the Corporation, and keep current a list identifying all
accounts for trading in the Index components, the commodities
underlying the Index components, or any derivative instruments based on
the Index or based on any Index component or any physical commodity
underlying an Index component, which the ETP Holder acting as
registered Market Maker may have or over which it may exercise
investment discretion. No ETP Holder acting as registered Market Maker
in the Commodity Index-Linked Securities shall trade in the Index
components, the commodities underlying the Index components, or any
derivative instruments based on the Index or based on any Index
component or any physical commodity underlying an Index component, in
an account in which an ETP Holder acting as a registered Market Maker,
directly or indirectly, controls trading activities, or has a direct
interest in the profits or losses thereof, which has not been reported
to the Corporation as required by this Rule.

    (c) In addition to the existing obligations under Corporation rules
regarding the production of books and records (See, e.g. Rule 4.4), the
ETP Holder acting as a registered Market Maker in Commodity Index-
Linked Securities shall make available to the Corporation such books,
records or other information pertaining to transactions by such entity
or any limited partner, officer or approved person thereof, registered
or non-registered employee affiliated with such entity for its or their
own accounts in the Index components, the commodities underlying the
Index components, or any derivative instruments based on the Index or
based on any Index component or any physical commodity underlying an
Index component, as may be requested by the Corporation.
    (d) In connection with trading in the Index components, the
commodities underlying the Index components, or any derivative
instruments based on the Index or based on any Index component or any
physical commodity underlying an Index component (including the
Commodity Index-Linked Securities), the ETP Holder acting as a
registered Market Maker in Commodity Index-Linked Securities shall not
use any material nonpublic information received from any person
associated with an ETP Holder or employee of such person regarding
trading by such person or employee in the Index components, the
commodities underlying the Index components, or any derivative
instruments based on the Index or based on any Index component or any
physical commodity underlying an Index component.
* * * * *

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 III 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
    Pursuant to NYSE Arca Equities Rule 5.2(j)(6), the Exchange
proposes to trade pursuant to UTP the Securities of Barclays, which are
linked to the performance of the Index. Barclays intends to issue the
Securities under the name ``iPathSM Exchange-Traded Notes.''
The Exchange also proposes new Commentary .01 to NYSE Arca Equities
Rule 5.2(j)(6) to accommodate the trading of the Securities. The New
York Stock Exchange, Inc. (``NYSE'') filed with the Commission a rule
proposal for the original listing and trading of the Securities,\4\ and
the proposal was approved on May 25, 2006.\5\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 53639 (April 12,
2006), 71 FR 20741 (April 21, 2006) (SR-NYSE-2006-16) (the ``NYSE
Proposal'').
    \5\ See Securities Exchange Act Release No. 53876 (May 25,
2006), 71 FR 32158 (June 2, 2006) (SR-NYSE-2006-16) (the ``NYSE
Order'').
---------------------------------------------------------------------------

(a) The Securities and the Index
(i) The Securities
    In August 2005, the Commission approved NYSE Arca Equities Rule
5.2(j)(6), which provides general standards for the listing and trading
of ``Index-Linked Securities.'' \6\ Index-Linked Securities are
securities that provide for the payment at maturity of a cash amount
based on the performance of an underlying index or indexes. Such
securities may or may not provide for the repayment of the original
principal investment amount. As permitted in NYSE Arca Equities Rule
5.2(j)(6), the Exchange is submitting this rule proposal to the
Commission pursuant to Section 19(b)(2) of the Act,\7\ to obtain
Commission approval to trade the Securities pursuant to UTP.
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    \6\ See Securities Exchange Act Release No. 52204 (August 3,
2005), 70 FR 46559 (August 10, 2005) (SR-PCX-2005-63).
    \7\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    A description of the Securities and the Index is set forth in the
NYSE Proposal.\8\ The Securities are a series of medium-term debt
securities of Barclays that provide for a cash payment at maturity or
upon earlier exchange at the holder's option, based on the performance
of the Index, subject to the adjustments described below.
---------------------------------------------------------------------------

    \8\ See supra note 4.
---------------------------------------------------------------------------

    The Securities will not have a minimum principal amount that will
be repaid and, accordingly, payment on the Securities prior to or at
maturity may be less than the original issue price of the Securities.
In fact, the value of the Index must increase for the investor to
receive at least the $50 principal amount per Security at maturity or
upon exchange or redemption. If the value of the Index decreases or
does not increase sufficiently to offset the investor fee,\9\ the
investor will receive less, and possibly significantly less, than the
$50 principal amount per Security. In addition, holders of the
Securities will not receive any interest payments from the Securities.
The Securities will have a term of 30 years and are not callable.\10\
---------------------------------------------------------------------------

    \9\ The investor fee is equal to 0.75% per year times the
principal amount of a holder's Securities times the index factor,
calculated on a daily basis in the following manner. The investor
fee on the date of issuance of the Securities will equal zero. On
each subsequent calendar day until maturity or early redemption, the
investor fee will increase by an amount equal to 0.75% times the
principal amount of a holder's Securities times the index factor on
that day (or, if such day is not a trading day, the index factor on
the immediately preceding trading day) divided by 365. The investor
fee is the only fee holders will be charged in connection with their
ownership of the Securities.
    \10\ Telephone conversation between Florence Harmon, Senior
Special Counsel, Division of Market Regulation, Commission and John
Carey, Assistant General Counsel, NYSE Group, Inc. on July 12, 2006
(``July 12 Telephone Conference'') (confirming the Securities are
not callable).
---------------------------------------------------------------------------

    Holders who have not previously redeemed their Securities will
receive a cash payment at maturity equal to the principal amount of
their Securities times the index factor \11\ on the Final Valuation
Date \12\ minus the investor fee on the Final Valuation Date.
---------------------------------------------------------------------------

    \11\ The ``index factor'' on any given day will be equal to the
closing value of the Index on that day divided by the initial index
level. The index factor on the Final Valuation Date will be equal to
the final index level divided by the initial index level. The
``initial index level'' is the closing value of the Index on the
date of issuance of the Securities (the ``Trade Date'') and the
``final index level'' is the closing value of the Index on the Final
Valuation Date.
    \12\ The ``Final Valuation Date'' is the last Thursday before
maturity of the Securities.
---------------------------------------------------------------------------

    Prior to maturity, holders may, subject to certain restrictions,
redeem their Securities on any Redemption Date \13\ during the term of
the Securities provided that they present at least 50,000 Securities
for redemption, or they act through a broker or other financial
intermediaries (such as a bank or other financial institution not
required to register as a broker-dealer to engage in securities
transactions) that are willing to bundle their Securities for
redemption with other investors' Securities. If a holder chooses to
redeem

such holder's Securities, the holder will receive a cash payment on the
applicable Redemption Date equal to the principal amount of such
holder's Securities times the index factor on the applicable Valuation
Date minus the investor fee on the applicable Valuation Date. To redeem
their Securities, holders must instruct their broker or other person
through whom they hold their Securities to follow certain procedures as
described in the NYSE Proposal.\14\
---------------------------------------------------------------------------

    \13\ A ``Redemption Date'' is the third business day following a
Valuation Date (other than the Final Valuation Date). A ``Valuation
Date'' is each Thursday from the first Thursday after issuance of
the Securities until the last Thursday before the Final Valuation
Date inclusive (or, if such date is not a trading day, the next
succeeding trading day).
    \14\ If holders elect to redeem their Securities, Barclays may
request that Barclays Capital Inc. (a broker-dealer) purchase the
Securities for the cash amount that would otherwise have been
payable by Barclays upon redemption. In this case, Barclays will
remain obligated to redeem the Securities if Barclays Capital Inc.
fails to purchase the Securities. Any Securities purchased by
Barclays Capital Inc. may remain outstanding.
---------------------------------------------------------------------------

    If an event of default occurs and the maturity of the Securities is
accelerated, Barclays will pay the default amount in respect of the
principal of the Securities at maturity. More information regarding
default procedures, including a quotation period and an objection
period, is set forth in the NYSE Proposal.
(ii) The Index
    The Index, which was introduced in July 1998, is designed to be a
diversified benchmark for commodities as an asset class. The Index
reflects the returns that are potentially available through an
unleveraged investment in the futures contracts on physical commodities
traded on trading facilities in major industrialized countries
comprising the Index plus the rate of interest that could be earned on
cash collateral invested in specified Treasury Bills.\15\ The Index
currently is composed of the prices of 19 exchange-traded futures
contracts on physical commodities, namely aluminum, coffee, copper,
corn, cotton, crude oil, gold, heating oil, hogs, live cattle, natural
gas, nickel, silver, soybeans, soybean oil, sugar, unleaded gasoline,
wheat, and zinc. Futures contracts on the Index are currently listed
for trading on the Chicago Board of Trade (``CBOT''). The Index is a
proprietary index that AIGI International Inc. developed and that Dow
Jones & Company, Inc. (``Dow Jones''), in conjunction with AIG
Financial Products Corp. (``AIG-FP''), calculates. More information
regarding the operation, calculation methodology, weighting, and
historical performance of the Index is set forth in the NYSE Proposal.
---------------------------------------------------------------------------

    \15\ These returns are calculated by using the 91-day U.S.
Treasury Bill auction rate, designated as ``High Rate'' as published
in the ``Treasury Security Auction Results'' report, published by
the Bureau of the Public Debt currently available on its Web site
(http://www.publicdebt.treas.gov/AI/AIGateway), which is generally

published once per week on Monday.
---------------------------------------------------------------------------

(b) Dissemination and Availability of Information
(i) The Intraday Indicative Value
    According to the NYSE Proposal, an ``Intraday Indicative Value'' (
or ``IIV'') meant to approximate the intrinsic economic value of the
Securities will be calculated and published via the facilities of the
Consolidated Tape Association every 15 seconds from 9:30 a.m. to 4 p.m.
Eastern Time (``ET'') on each day on which the Securities are traded on
the NYSE.\16\ Additionally, Barclays or an affiliate will calculate and
publish the closing IIV of the Securities on each trading day at http://www.ipathetn.com.
 In connection with the Securities, the term ``IIV''

refers to the value at a given time determined based on the following
equation: IIV = Principal Amount per Unit ($50) multiplied by (Current
Index Level divided by Initial Index Level ) \17\ minus Current
Investor Fee.\18\
---------------------------------------------------------------------------

    \16\ The IIV calculation will be provided for reference purposes
only. It is not intended as a price or quotation, or as an offer or
solicitation for the purchase, sale, redemption or termination of
the Securities, nor does it reflect hedging or transaction costs,
credit considerations, market liquidity, or bid-offer spreads.
Published Index levels from the index sponsors may occasionally be
subject to delay or postponement. Any such delays or postponements
will affect the Current Index Level (defined below) and therefore
the IIV of the Securities. Index levels provided by the index
sponsors will not necessarily reflect the depth and liquidity of the
underlying commodities markets. For this reason and others, the
actual trading price of the Securities may be different from their
IIV.
    \17\ The Current Index Level is the most recent published level
of the Index as reported by Dow Jones and AIG-FP, whereas the
Initial Index Level is the Index level on the trade date for the
Securities.
    \18\ The Current Investor Fee is the most recent daily
calculation of the investor fee with respect to the Securities,
determined as described above (which, during any trading day, will
be the investor fee determined on the preceding calendar day).
---------------------------------------------------------------------------

    The IIV will not reflect price changes to the price of an
underlying commodity between the close of trading of the futures
contract at the relevant futures exchange and 4 p.m. ET. The value of
the Securities may accordingly be influenced by non-concurrent trading
hours between the Exchange and the various futures exchanges on which
the futures contracts based on the Index commodities are traded.
    While the market for futures trading for each of the Index
commodities is open, the IIV can be expected to closely approximate the
redemption value of the Securities. However, during NYSE Arca
Marketplace trading hours when the futures contracts have ceased
trading, spreads and resulting premiums or discounts may widen, and
therefore, increase the difference between the price of the Securities
and their redemption value. The Exchange stated that the IIV should not
be viewed as a real time update of the redemption value.
(ii) The Index
    According to the NYSE Proposal, Dow Jones disseminates the updated
Index value approximately every 15 seconds (assuming the Index value
has changed within such 15 second interval) from 8 a.m. to 3 p.m. ET
and publishes a daily Index value at approximately 4 p.m. ET, on each
DJ-AIG Business Day \19\ on Reuters page AIGCII.\20\ The Index value
can still be retrieved after 3 p.m. ET until the end of the Exchange
trading day. Its value is generally static after 3 p.m. ET, although it
may change if settlement values for Index components become available
after that time.
---------------------------------------------------------------------------

    \19\ A DJ-AIG Business Day is a day on which the sum of the
commodity index percentages (as set forth in the NYSE Proposal) for
the Index commodities that are available to trade is greater than
50%.
    \20\ The Index's Oversight Committee (defined and described in
more detail in the NYSE Proposal) may exclude any otherwise eligible
contract from the Index if it determines that it has an inadequate
trading window. The Index currently includes contracts traded on the
London Metal Exchange (``LME''), which is located in London. During
the hours where the LME is closed, Dow Jones uses the last price and
uses the settlement price once it is available in order to publish
the Index value through the end of the trading day. The Index value
does not reflect any after-hours or overnight trading in contracts
traded on the LME.
---------------------------------------------------------------------------

(c) UTP Trading Criteria
    The Exchange will cease trading in the Securities during the
listing market's trading hours if: (i) The listing market stops trading
the Securities because of a regulatory halt similar to a halt based on
NYSE Arca Equities Rule 7.12 or a halt because the IIV or the value of
the underlying Index is no longer available; or (ii) the listing market
delists the Securities. In the event that the Exchange is open for
business on a day that is not a DJ-AIG Business Day, the Exchange will
not permit trading of the Securities on that day. Additionally, the
Exchange may cease trading the Securities if such other event shall
occur or condition exists which, in the opinion of the Exchange, makes
further dealings on the Exchange inadvisable.
(d) Trading Rules
    The Exchange deems the Securities to be equity securities, thus
rendering trading in the Securities subject to the Exchange's existing
rules governing the trading of equity securities. Trading in

the Securities on the Exchange will occur from 4 a.m. to 8 p.m. ET in
accordance with NYSE Arca Equities Rule 7.34(a).\21\ The Exchange has
appropriate rules to facilitate transactions in the Securities during
all trading sessions. The minimum trading increment for Securities on
the Exchange will be $0.01.
---------------------------------------------------------------------------

    \21\ During all NYSE Arca Equities trading sessions, the
Exchange represents that if the official Index Sponsor calculates an
updated Index value, then such value will be updated and
disseminated at least every 15 seconds during such trading session,
and always will be so during the Exchange's core trading session
(although during this session, the Exchange may rely on the listing
exchange to monitor such calculation and dissemination). The
Exchange represents that the official Index Sponsor calculates and
disseminates the Index value from 8 a.m. to 4 p.m. ET. Because this
product is not in continuous distribution, an IIV is not required to
be disseminated at least every 15 seconds in all trading sessions;
however, because of the weekly redemption process for this product,
such dissemination of the IIV is required during the Exchange's core
trading session. The Exchange may rely on the listing market to
monitor such dissemination of the IIV during the Exchange's core
trading session. July 12 Telephone Conference.
---------------------------------------------------------------------------

    Further, the Exchange is proposing new Commentary .01 to NYSE Arca
Equities Rule 5.2(j)(6), which sets forth certain restrictions on ETP
Holders acting as registered Market Makers in the Securities to
facilitate surveillance. Commentary .01(b)-(c) to NYSE Arca Equities
Rule 5.2(j)(6) will require that the ETP Holder acting as a registered
Market Maker in the Securities provide the Exchange with necessary
information relating to its trading in the Index components, the
commodities underlying the Index components, or options, futures or
options on futures on the Index, or any other derivatives
(collectively, ``derivative instruments'') based on the Index or based
on any Index component or any physical commodity underlying an Index
component. Commentary .01(d) to NYSE Arca Equities Rule 5.2(j)(6) will
prohibit the ETP Holder acting as a registered Market Maker in the
Securities from using any material nonpublic information received from
any person associated with an ETP Holder or employee of such person
regarding trading by such person or employee in the Index components,
the commodities underlying the Index components, or any derivative
instruments based on the Index or based on any Index component or any
physical commodity underlying an Index component (including the
Securities). In addition, Commentary .01(a) to NYSE Arca Equities Rule
5.2(j)(6) will prohibit the ETP Holder acting as a registered Market
Maker in the Securities from being affiliated with a market maker in
the Index components, the commodities underlying the Index components,
or any derivative instruments based on the Index or based on any Index
component or any physical commodity underlying an Index component
unless adequate information barriers are in place, as provided in NYSE
Arca Equities Rule 7.26.
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Securities. Trading in the Securities may be halted
because of market conditions or for reasons that, in the view of the
Exchange, make trading in the Securities inadvisable. These may
include: (i) The extent to which trading is not occurring in the Index
components; or (ii) whether other unusual conditions or circumstances
detrimental to the maintenance of a fair and orderly market are
present. In addition, trading in Securities will be subject to trading
halts caused by extraordinary market volatility pursuant to the
Exchange's ``circuit breaker'' rule \22\ or by the halt or suspension
of the trading of the Index components.\23\
---------------------------------------------------------------------------

    \22\ See NYSE Arca Equities Rule 7.12.
    \23\ See ``UTP Trading Criteria'' above for specific instances
when the Exchange will cease trading the Securities.
---------------------------------------------------------------------------

    The Securities will be deemed ``Eligible Listed Securities,'' as
defined in NYSE Arca Equities Rule 7.55, for purposes of the
Intermarket Trading System (``ITS'') Plan and therefore will be subject
to the trade through provisions of NYSE Arca Equities Rule 7.56, which
require that ETP Holders avoid initiating trade-throughs for ITS
securities.
(e) Surveillance
    The Exchange's surveillance procedures will incorporate and rely
upon existing Exchange surveillance procedures governing equities. The
Exchange believes that these procedures are adequate to monitor
Exchange trading of the Securities in all trading sessions and to
detect violations of Exchange rules, thereby deterring manipulation.
    The Exchange's current trading surveillance focuses on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations.
    The Exchange will be able to obtain information regarding trading
in the Securities and the Index components through ETP Holders in
connection with such ETP Holders' proprietary or customer trades which
they effect on any relevant market. In addition, the Exchange can
obtain market surveillance information with respect to transactions
occurring on the LME, including customer identity information, pursuant
to a memorandum of understanding with the LME. The Exchange has access
to transaction information, including customer identity information,
with respect to all contracts traded on the New York Mercantile
Exchange (``NYMEX'') pursuant to the Exchange's information sharing
agreement with NYMEX. All of the other trading venues on which current
Index components are traded, such as CBOT, are members of the
Intermarket Surveillance Group, and the Exchange therefore has access
to all relevant trading information with respect to those contracts
without any further action being required on the part of the Exchange.
(f) Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin of the special characteristics
and risks associated with trading the Securities. Specifically, the
Information Bulletin will discuss the following: (i) The procedures for
redemptions of Securities (and that Securities are not individually
redeemable but are redeemable only in aggregations of at least 50,000
Securities); (ii) NYSE Arca Equities Rule 9.2(a),\24\ which imposes a
duty of due diligence on its ETP Holders to learn the essential facts
relating to every customer prior to trading the Securities; (iii) how
information regarding the IIV is disseminated; (iv) the requirement
that ETP Holders deliver a prospectus to investors purchasing newly
issued Securities prior to or concurrently with the confirmation of a
transaction (either in the initial distribution or during any

subsequent distribution); and (v) trading information.
---------------------------------------------------------------------------

    \24\ The Exchange recently amended NYSE Arca Equities Rule
9.2(a) (``Diligence as to Accounts'') to provide that EPT Holders,
before recommending a transaction, must have reasonable grounds to
believe that the recommendation is suitable for the customer based
on any facts disclosed by the customer as to his other security
holdings and as to his financial situation and needs. Further, the
proposed rule amendment provides, with a limited exception, that
prior to the execution of a transaction recommended to a non-
institutional customer, the ETP Holders shall make reasonable
efforts to obtain information concerning the customer's financial
status, tax status, investment objectives, and any other information
that they believe would be useful to make a recommendation. See
Securities Exchange Act Release No. 54045 (June 26, 2006), 71 FR
37971 (July 3, 2006) (SR-PCX-2005-115).
---------------------------------------------------------------------------

    The Information Bulletin will also reference the fact that there is
no regulated source of last sale information regarding physical
commodities, and that the Commission has no jurisdiction over the
trading of physical commodities such as aluminum, gold, crude oil,
heating oil, corn and wheat, or the futures contracts on which the
value of the Securities is based.
    The Information Bulletin will also detail the terms of no-action
positions taken by the Commission staff in connection with the
Securities with respect to Section 11(d)(1) of the Act, Rule 10a-1
under the Act, Rule 200(g) of Regulation SHO and Rules 101 and 102 of
Regulation M.
2. Statutory Basis
    The Exchange believes that the basis for this proposed rule change
is consistent with the requirements under Section 6(b)(5) of the Act
\25\ that an exchange have rules that are designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transaction in securities, to
remove impediments and perfect the mechanisms of a free and open
market, and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(5).
---------------------------------------------------------------------------

    In addition, the Exchange believes that the proposal is consistent
with Rule 12f-5 under the Act \26\ because it deems the Securities to
be equity securities, thus rendering the Securities subject to the
Exchange's rules governing the trading of equity securities for the
Securities.\27\
---------------------------------------------------------------------------

    \26\ 17 CFR 240.12f-5.
    \27\ July 12 Telephone Conference (the Exchange requested that
the Commission delete the word ``existing'' to clarify that the
Securities will be subject to all applicable Exchange rules
governing the trading of equity securities for the Securities).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments on the proposed rule change were neither solicited
nor received.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSEArca-2006-17 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2006-17. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2006-17 and should be submitted on or before
August 21, 2006.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    The Commission finds that the proposed rule change, as amended, is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\28\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\29\ which
requires that an exchange have rules designed, among other things, 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.
---------------------------------------------------------------------------

    \28\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \29\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, the Commission finds that the proposal is consistent
with Section 12(f) of the Act,\30\ which permits an exchange to trade,
pursuant to UTP, a security that is listed and registered on another
exchange.\31\ The Commission notes that it previously approved the
listing and trading of the Securities on NYSE.\32\ The Commission also
finds that the proposal is consistent with Rule 12f-5 under the
Act,\33\ which provides that an exchange shall not extend UTP to a
security unless the exchange has in effect a rule or rules providing
for transactions in the class or type of security to which the exchange
extends UTP. NYSE Arca Equities rules deem the Securities to be equity
securities, thus trading in the Securities will be subject to the
Exchange's rules governing the trading of equity securities and the
specific rules set forth herein for this product class.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78l(f).
    \31\ Section 12(a) of the Act, 15 U.S.C. 78l(a), generally
prohibits a broker-dealer from trading a security on a national
securities exchange unless the security is registered on that
exchange pursuant to Section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any security to which an
exchange ``extends UTP.'' When an exchange extends UTP to a
security, it allows its members to trade the security as if it were
listed and registered on the exchange even though it is not so
listed and registered.
    \32\ See NYSE Order, supra note 5.
    \33\ 17 CFR 240.12f-5.
---------------------------------------------------------------------------

    The Commission further believes that the proposal is consistent
with Section 11A(a)(1)(C)(iii) of the Act,\34\ which sets forth
Congress's finding that it is in the public interest and appropriate
for the protection of investors and the maintenance of fair and orderly
markets to assure the availability to brokers, dealers, and investors
of information with respect to quotations for and transactions in
securities.
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    In support of the portion of the proposed rule change regarding UTP
of the Securities, the Exchange has made the following representations:

    1. NYSE Arca Equities has appropriate rules to facilitate
transactions in this type of security in all trading sessions.
    2. NYSE Arca Equities surveillance procedures are adequate to
properly monitor the trading of the Securities on the Exchange.
    3. NYSE Arca Equities will distribute an Information Bulletin to
its members prior to the commencement of trading of the Securities on
the Exchange that explains the terms, characteristics, and risks of
trading such securities.
    4. NYSE Arca Equities will require a member with a customer who
purchases newly issued Securities on the Exchange to provide that
customer with a product prospectus and will note this prospectus
delivery requirement in the Information Bulletin.
    5. The Exchange will cease trading in the Securities if: (1) The
primary market stops trading the securities because of a regulatory
halt similar to a halt based on NYSE Arca Equities Rule 7.12 and/or a
halt because an updated dissemination of the IIV or Index value at
least every 15 seconds has ceased; or (2) if such other event occurs or
condition exists which, in the opinion of the Exchange, makes further
dealings on the Exchange inadvisable; or (3) the primary market delists
the Securities.
    This approval order is conditioned on NYSE Arca Equities' adherence
to these representations.
    The Commission finds good cause for approving this proposed rule
change, as amended, before the thirtieth day after the publication of
notice thereof in the Federal Register. As noted previously, the
Commission previously found that the listing and trading of these
Securities on the NYSE is consistent with the Act.\35\ The Commission
presently is not aware of any issue that would cause it to revisit that
earlier finding or preclude the trading of these funds on the Exchange
pursuant to UTP. Therefore, accelerating approval of this proposed rule
change should benefit investors by creating, without undue delay,
additional competition in the market for these Securities.
---------------------------------------------------------------------------

    \35\ See NYSE Order, supra note 5.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\36\ that the proposed rule change (NYSEArca-2006-17), as amended,
is hereby approved on an accelerated basis.
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\37\
---------------------------------------------------------------------------

    \37\ 17 CFR 200.30-3(a)(12).

Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E6-12148 Filed 7-28-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: February 1, 2006 (Volume 71, Number 21)]
[Notices]
[Page 5305-5306]
[DOCID:fr01fe06-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP96-312-155]

Tennessee Gas Pipeline Company; Notice of Termination of
Negotiated Rate Arrangement

January 25, 2006.
    Take notice that on January 12, 2005, Tennessee Gas Pipeline
Company (Tennessee) tendered for filing a notice of termination of a
negotiated rate arrangement between Tennessee and United States Gypsum
Company (United States Gypsum) to become effective June 1, 2005.
    Tennessee states that this filing serves as notice of termination
of a negotiated rate arrangement between Tennessee and United States
Gypsum because United States Gypsum successfully bid in an open season
in May 2005 a request to change the primary delivery point of its
existing Firm Transportation Agreement and to change the rate from a
negotiated rate to the applicable Tennessee Maximum Tariff Demand and
Commodity rates.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will

not serve to make protestants parties to the proceeding. Any person
wishing to become a party must file a notice of intervention or motion
to intervene, as appropriate. Such notices, motions, or protests must
be filed in accordance with the provisions of Sec.  154.210 of the
Commission's regulations (18 CFR 154.210). Anyone filing an
intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-1248 Filed 1-31-06; 8:45 am]

BILLING CODE 6717-01-P