[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)]
[Proposed Rules]
[Pages 31222-31223]
[FR Doc No: 2016-11627]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2015-0663; FRL-9946-50-OAR]
RIN 2060-AS80

Protection of Stratospheric Ozone: Proposed New Listings of
Substitutes; Changes of Listing Status; and Reinterpretation of
Unacceptability for Closed Cell Foam Products Under the Significant New
Alternatives Policy Program; and Revision of Clean Air Act Section 608
Venting Prohibition for Propane

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking; extension of public comment
period.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing that
the period for providing public comments on the April 18, 2016,
proposed ``Protection of Stratospheric Ozone: Proposed New Listings of
Substitutes; Changes of Listing Status; and Reinterpretation of
Unacceptability for Closed Cell Foam Products under the Significant New
Alternatives Policy Program; and Revision of Clean Air Act Section 608
Venting Prohibition for Propane'' is being extended by 14 days.

DATES: Comments. The public comment period for the proposed rule, which
published April 18, 2016, (81 FR 22810) is being extended by 14 days
and will close on June 16, 2016. This extension provides the public
additional time to submit comments and supporting information.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2015-0663, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. The
EPA may publish any comment received to its public docket. Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the Web,
cloud, or other file sharing system). For

additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Chenise Farquharson, Stratospheric
Protection Division, Office of Atmospheric Programs (Mail Code 6205 T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>Notices and rulemakings under EPA's
Significant New Alternatives Policy program are available on EPA's
Stratospheric Ozone Web site at https://www.epa.gov/snap/snap-regulations.

SUPPLEMENTARY INFORMATION:

Comment Period

    The EPA is extending the public comment period for the proposed
rule (81 FR 22810; April 18, 2016) an additional 14 days. The public
comment period will end on June 16, 2016, rather than June 2, 2016.
This will provide the public additional time to review and comment on
all of the information available, including the proposed rule and other
materials in the docket.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Recycling, Reporting
and recordkeeping requirements, Stratospheric ozone layer.

    Dated: May 11, 2016.
Sarah Dunham,
Director, Office of Atmospheric Programs.
[FR Doc. 2016-11627 Filed 5-17-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: December 29, 2006 (Volume 71, Number 250)]
[Notices]
[Page 78506-78511]
[DOCID:fr29de06-126]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54989; International Series Release No. 1299; File No.
SR-Phlx-2006-34]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Order Granting Accelerated Approval to Proposed
Rule Change as Modified by Amendments No. 1, 2, and 3 Thereto Relating
to U.S. Dollar-Settled Foreign Currency Options

December 21, 2006.

I. Introduction

    On May 12, 2006, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934, as amended (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change relating to the listing and
trading of U.S. dollar-settled foreign currency options (``FCOs'') on
the British pound and the Euro (together, the ``Currencies''). On
September 29, 2006, the Exchange filed Amendment No. 1,\3\ and on
October 20, 2006, the Exchange filed Amendment No. 2.\4\ The proposed
rule change, as amended, was published for comment in the Federal
Register on November 2, 2006.\5\ The Commission received no comments on
the proposal. On December 15, 2006, the Phlx filed Amendment No. 3 to
the proposed rule change.\6\ This order provides notice of the proposed
rule change as modified by Amendments No. 1, 2, and 3 and approves the
proposed rule change as amended on an accelerated basis.\7\
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    \1\ 15 U.S.C. 78s(b)(l).
    \2\ 17 CFR 240.19b-4.
    \3\ See Form 19b-4 dated September 29, 2006 (``Amendment No.
1''). Amendment No. 1 replaced the original filing in its entirety.
    \4\ See Form 19b-4 dated October 20, 2006 (``Amendment No. 2'').
Amendment No. 2 replaced the Amendment No. 1 in its entirety.
    \5\ See Securities Exchange Act Release No. 54652 (October 25,
2006), 71 FR 64597 (``Notice'').
    \6\ See Partial Amendment dated December 15, 2006 (``Amendment
No. 3'').
    \7\ This order specifically approves the listing and trading of
U.S. dollar-settled FCOs on the British pound and the Euro. The
listing and trading of additional U.S. dollar-settled FCOs on other
foreign currencies will require the Exchange to file additional
proposed rule changes on Form 19b-4.
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II. Description of the Proposal

    The Exchange proposes to list U.S. dollar-settled FCOs \8\ on the
Currencies and to adopt rules and rule amendments to permit the trading
of U.S. dollar-settled FCOs on the Exchange's electronic trading
platform for options, Phlx XL.\9\ The Exchange also proposes to amend a
number of other rules applicable to U.S. dollar-settled FCOs, and to
delete outdated references to the German mark, Italian lira, Spanish
peseta, and the French franc.\10\
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    \8\ The Exchange previously traded U.S. dollar-settled options
on the German mark and the Japanese yen beginning in September 1994
and February 1997, respectively. See Securities Exchange Act Release
Nos. 33732 (March 8, 1994), 59 FR 12023 (March 15, 1994) and 36505
(November 22, 1995), 60 FR 61277 (November 29, 1995). U.S. dollar-
settled German mark options and Japanese yen options were delisted
on January 19, 1999 and August 23, 1999, respectively.
    \9\ See Securities Exchange Act Release No. 49832 (June 8,
2004), 69 FR 33442 (June 15, 2004) (SR-Phlx-2003-59) (approving Phlx
XL).
    \10\ See Phlx Rules 722, 1000, 1001, 1009, 1014, 1033, 1034,
1069, 1079; and Options Floor Procedure Advice B-7.
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A. Contract Specifications and Amendments to FCO Rules

    Background. U.S. dollar-settled FCOs are cash-settled, European-
style options issued by The Options Clearing Corporation (``OCC'') that
allow holders to receive U.S. dollars representing the difference
between the current foreign exchange spot price and the exercise price
of the option. In contrast, a physical delivery option on a foreign
currency, which the Exchange currently lists and trades, gives its
owner the right to receive physical delivery (if it is a call) or to
make physical delivery (if it is a put) of the underlying foreign
currency when the option is exercised.\11\ In addition, unlike other
Phlx-traded FCOs, U.S. dollar-settled FCOs will be deemed to be
exercised at expiration if the exercise settlement value is at least
$1.00 per contract unless the clearing member instructs OCC not to
exercise it.\12\
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    \11\ The Exchange has listed and traded physical delivery FCOs
issued by OCC on a number of currencies since 1982. The Exchange's
existing, physical delivery options on the Currencies would not be
affected by this proposal and would continue to trade as they do
today, by open outcry.
    \12\ However, the normal expiration date exercise procedures do
not apply in circumstances in which the fixing of the exercise
settlement amount is delayed beyond the last trading day before
expiration. See OCC Rule 2302 (setting forth the expiration date
exercise procedures), and Securities Exchange Act Release No. 54395
(December 13, 2006) (order approving SR-OCC-2006-10).
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    Delivery and Payment. Upon exercise of an in-the-money U.S. dollar-
settled FCO structured as a call, the holder would receive, from OCC,
U.S. dollars representing the difference between the exercise strike
price and the closing settlement value of the U.S. dollar-settled FCO
contract multiplied by the number of units of currency covered by the
contract. Similarly, for a U.S. dollar-settled FCO structured as a put,
the holder would receive U.S. dollars representing the excess of the
exercise price over the closing settlement value of the U.S. dollar-
settled FCO contract multiplied by the number of units of foreign
currency covered by the contract.\13\
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    \13\ See Phlx Rule 1044.
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    Contract Size. The contract sizes of the U.S. dollar-settled FCO
contracts on the Currencies would be 10,000 British pounds and 10,000
Euros.\14\
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    \14\ The contract sizes for the physical delivery options on the
Currencies are 31,250 British pounds and 62,500 Euros.
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    Expirations. The Exchange proposes to permit U.S. dollar-settled
FCO contracts to be listed with expirations that are the same as the
expirations permitted for equity index options pursuant to Phlx Rule
1101A, with the exception of long term option series and quarterly
expiring FCOs which the Exchange does not propose to list.\15\ The
Exchange anticipates that, at least initially, it would list
expirations at one, two, three, six, and nine months, and that the
options would be on three of the months from the March, June,

September, December cycle, plus two additional near term months (five
months at all times).\16\ The expiration date for the consecutive and
cycle month options would be 11:59 p.m. Eastern Time on the Saturday
immediately following the third Friday of the expiration month.\17\
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    \15\ See Phlx Rule 1012(a). The Exchange stated that it does not
anticipate listing FLEX U.S. dollar-settled foreign currency options
at this time. Currently, trades may be executed in certain FLEX
options on equities and equity indexes. See Phlx Rule 1079.
    \16\ By way of example, in September, the U.S. dollar-settled
FCOs would have the following months listed: October, November,
December, March, and June.
    \17\ See Phlx Rule 1000(b)(21).
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    Trading Hours. The Exchange proposes to trade U.S. dollar-settled
FCOs from 9:30 a.m. to 4 p.m. Eastern Time, Monday through Friday.\18\
These trading hours differ from the trading hours for the physical
delivery FCO contracts because the U.S. dollar-settled FCOs would,
unlike the Exchange's physical delivery FCOs, trade on Phlx XL.\19\ An
expiring U.S. dollar-settled FCO contract would cease trading at 4:00
p.m. on the day prior to its expiration day.\20\ Unlike trading in
physical delivery FCOs, trading in U.S. dollar-settled FCOs would not
close on bank holidays.
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    \18\ See Phlx Rule 101.
    \19\ Trading hours for the Exchange's physical delivery FCO
contracts are from 2:30 a.m. to 2:30 p.m. Eastern Time, Monday
through Friday. Beginning December 1, 2006, the trading hours for
physical delivery FCOs on the Exchange will be from 7:30 a.m. to
2:30 p.m. Eastern Time, Monday through Friday. See Securities
Exchange Act Release No. 54802 (November 21, 2006), 71 FR 8875
(November 28, 2006) (Notice of Filing and Immediate Effectiveness of
SR-Phlx-2006-72).
    \20\ The Exchange notes that in order to facilitate trading of
the U.S. dollar-settled FCOs on Phlx XL, trading would be permitted
to occur after the settlement value is announced on the day prior to
expiration, as discussed below.
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    Settlement Values; Dissemination of Information. The closing
settlement value would be the day's announced Noon Buying Rate,\21\ as
determined by the Federal Reserve Bank of New York on the trading day
prior to the expiration date.\22\ If the Noon Buying Rate is not
announced by 2 p.m. Eastern Time, the closing settlement value would be
the most recently announced Noon Buying Rate, unless the Exchange
determines to apply an alternative closing settlement value as a result
of extraordinary circumstances. The closing settlement value would not
be disseminated through the Options Price Reporting Authority
(``OPRA''), but would be posted on the Exchange's Web site, where it
would be publicly available to all visitors to the Exchange's Web site
on an equal basis, without the need to enter any kind of password. The
Exchange has represented that it will not disclose the settlement value
to any person or group of persons other than employees of the Exchange
who need to know, prior to posting the value on the Exchange's Web
site.
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    \21\ See Securities Exchange Act Release No. 52843 (November 28,
2005), 70 FR 72486 (December 5, 2005) (order granting accelerated
approval of SR-NYSE-2005-65).
    \22\ See Phlx Rule 1057. If Friday is an Exchange holiday, the
closing settlement value for U.S. dollar-settled FCOs would be
determined on the basis of the Noon Buying Rate on the preceding
trading day, which would also be the last day of trading for the
expiring option.
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    Position and Exercise Limits. For purposes of position and exercise
limits, positions in U.S. dollar-settled FCO contracts would be
aggregated with positions in the physical delivery contracts. In
addition, position and exercise limits for the U.S. dollar-settled FCOs
would be the same as the position and exercise limits for the physical
delivery contracts pursuant to Phlx Rules 1001 and 1002. However, each
Euro U.S. dollar-settled option contract would count as one-sixth of a
contract for purposes of position and exercise limits.\23\ Similarly,
each British pound U.S. dollar-settled option contract would count as
one-third of a contract for purposes of position and exercise
limits.\24\ The other aggregation principles in Phlx Rule 1001 would
continue to apply.
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    \23\ See Phlx Rule 1001. According to the Exchange, each U.S.
dollar-settled Euro option contract would be treated as one-sixth of
a contract for position and exercise limit purposes because the
cash-settled Euro option contract is roughly one-sixth of the size
of the physical delivery contract.
    \24\ The cash-settled British pound option contract is roughly
one-third of the size of the physical delivery contract.
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    Strike Prices. The Exchange proposes to initially list exercise
strike prices for each expiration around the current spot price at
half-cent ($.005) intervals up to five percent on each side.\25\ Thus,
if the spot price initially were at 1.0000, the Exchange would list
strikes in $.005 intervals up to 1.0500 and down to .9500 for a total
of twenty-one strike prices available for trading. The Exchange would
not list any strike prices at intervals other than these $.005
intervals.\26\ As the spot price for U.S. dollar settled FCO moves, the
Exchange would list new strike prices that, at the time of listing, do
not exceed the spot price by more than 5% and are not less than the
spot price by 5%. For example, if at the time of initial listing the
spot price of the Euro is at 1.0000, the strike prices the Exchange
would list would be .9500 to 1.0500. If the spot price then moves to
1.0500, the Exchange may list additional strikes at the following
prices: 1.0550 to 1.1000. In that event, the Exchange would delist any
previously-listed series outside of the current ten percent band that
have no open interest. In addition, new strikes may be added during the
life of the option in accordance with Phlx Rule 1012.\27\
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    \25\ According to the Exchange, the Exchange receives
contributor bank quotes from a vendor in real-time and takes the
average of the various quotes, to determine the foreign currency
spot price.
    \26\ See proposed Commentary Section .06 to Phlx Rule 1012.
    Strike prices would be expressed without reference to the first
two decimal places. Minimum quoting increments and maximum quote
spreads would also reflect this convention, as reflected in note 28,
infra, and accompanying text.
    For example, assuming that the actual spot value of the Euro is
$1.00, a strike could be listed at $1.0050 and would be expressed as
$100.50. Similarly, the minimum quoting increment would be $.0005
(expressed as $.05), if the bid is less than $.0300 (expressed as
$3.00), or $.0010 (expressed as $.10), if the bid equals or exceeds
$.0300 (expressed as $3.00). Bids could be made at $.0330 (expressed
as $3.30), at $.0340 (expressed as $3.40), and so forth. Offers
could be made at $.0350 (expressed as $3.50), at $.0360 (expressed
as $ 3.60), and so forth. Maximum quote spread parameters for bids
and offers made in open outcry would range from $.0025 (expressed as
$.25), to $.0100 (expressed as $1.00), depending upon the size of
the prevailing bid. Thus, a market maker could bid $.0330 (expressed
as $3.30) and offer $.0370 (expressed as $ 3.70). (Following open
rotation, however, quotes may be made electronically with a
difference not to exceed $.0500 (expressed as $5.00) between the bid
and the offer regardless of the price of the bid). See Amendment No.
3, supra note 6, and infra note 28.
    Prior to commencement of trading of U.S. dollar-settled options
on the Currencies, the Exchange intends to issue an informational
memorandum to members and member organizations which explains this
strike price and quoting convention.
    \27\ See Phlx 1012(a)(iv).
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    Bids and Offers--Premium. Under Phlx Rule 1033, bids and offers in
U.S. dollar-settled FCOs on the Currencies must be made in terms of
U.S. dollars per unit of the underlying foreign currency. The minimum
increment for U.S. dollar-settled FCOs quoting under $.0300 would be
$.0005 per unit of the foreign currency, expressed as .05 per unit of
the foreign currency, which equals a $5.00 minimum increment per
contract consisting of 10,000 Euros or 10,000 British pounds. The
minimum increment for U.S. dollar-settled FCOs quoting at $.0300 or
higher would be $.0010 per unit of the foreign currency, expressed as
.10 per unit of the foreign currency, which equals a $10.00 minimum
increment per contract consisting of 10,000 Euros or 10,000 British
pounds.\28\
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    \28\ See Phlx Rule 1034(a). By way of example, if the spot price
of the Euro is at $1.2550 and an investor purchases the December
Euro $1.2500 (expressed as $125.00) Call at a premium of $.0075
(expressed as $.75) and then sells the December Euro $1.2500 Call at
a premium of $.0095 (expressed as $.95), the investor's profit would
be $.0020 per Euro. The investor's total profit would be $.0020 per
Euro multiplied by 10,000 Euros (the size of the contract) for a
total of $20.00. Amendment No. 3 corrected a technical error in the
use of the quoting convention in Phlx Rule 1034(a). Amendment No. 3
also revised an example in note 23 of the Notice to: (1) Reflect
that the minimum increment when the bid equals or exceeds $.0300
(expressed as $3.00) is $.0010 (expressed as 10 cents), not $.0005
(expressed as 5 cents), as the example erroneously implied as
originally drafted, (2) reduce the size of the bid in the example
from an unrealistic $1.00 (expressed as $100.00) range to a more
realistic $.0300 (expressed as $3.00) range while continuing to
illustrate the same underlying concepts, and (3) note that the
maximum quote spread parameters do vary depending on the size of the
prevailing bid and whether the bid/offer is made on Phlx XL as
opposed to open outcry. See Amendment No. 3, supra note 6.

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    Margin Requirements. The U.S. dollar-settled FCOs would have the
same customer margin requirements as are provided for the existing FCOs
pursuant to Phlx Rule 722, Commentary .16.\29\ The Exchange calculates
the margin requirements for each foreign currency underlying U.S.
dollar-settled FCO separately, rather than determining one margin level
for all foreign currencies based upon the historical pricing
information for all foreign currencies together. The Exchange informs
members and the public of the margin levels for each currency option
immediately following the quarterly reviews described in Phlx Rule 722,
Commentary .16.
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    \29\ Pursuant to Phlx Rule 722, Commentary .16, the Exchange
calculates the margin requirement for customers that assume short
FCO positions by adding a percentage of the current market value of
the underlying foreign currency contract to the option premium price
less an adjustment for the out-of-the-money amount of the option
contract. On a quarterly calendar basis, the Exchange reviews five-
day price changes over the preceding three-year period for each
underlying currency and sets the add-on percentage at a level which
would have covered those price changes at least 97.5% of the time
(the ``confidence level''). If the results of subsequent reviews
show that the current margin level provides a confidence level below
97%, the Exchange increases the margin requirement for that
individual currency up to a 98% confidence level. If the confidence
level is between 97% and 97.5%, the margin level would remain the
same but would be subject to monthly follow-up reviews until the
confidence level exceeds 97.5% for two consecutive months. If during
the course of the monthly follow-up reviews, the confidence level
drops below 97%, the margin level is increased to a 98% level and if
it exceeds 97.5% for two consecutive months, the currency is taken
off monthly reviews and is put back on the quarterly review cycle.
If the currency exceeds 98.5%, the margin level is reduced to a 98%
confidence level during the most recent three year period. Finally,
in order to account for large price movements outside the
established margin level, if the quarterly review shows that the
currency had a price movement, either positive or negative, greater
than two times the margin level during the most recent three year
period, the margin requirement is set at a level to meet a 99%
confidence level.
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B. Surveillance

    The Phlx will integrate U.S. dollar-settled FCOs into existing Phlx
market surveillance programs for equity and index options, as well as
for physical delivery foreign currency options, and intends to apply
those same program procedures to the U.S. dollar-settled FCOs. The
Exchange represents that these surveillance programs for U.S. dollar-
settled FCOs will be adequate to monitor exchange trading of U.S.
dollar settled FCOs and detect violation of exchange rules, thereby
deterring manipulation.\30\
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    \30\ See Amendment No. 3, supra notes 6 and 28.
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    Futures on the British pound and the Euro, as well as options on
such futures are traded on the Chicago Mercantile Exchange (``CME'')
(both exchange pit trading and GLOBEX trading). Euro Currency Trust
Shares and British Pound Sterling Shares trade on the New York Stock
Exchange (``NYSE'') and on NYSE Arca. The Exchange represented that, to
the best of the Exchange's knowledge, these U.S. markets are the
primary trading markets in the world for exchange-traded futures,
options on futures and trust shares on these currencies. The Exchange
also represented that it may obtain trading information via the
Intermarket Surveillance Group (``ISG'') from other exchanges who are
members or affiliates of the ISG. Specifically, the Phlx can obtain
such information from the NYSE and NYSE Arca in connection with shares
of the Euro Currency Trust and the CurrencySharesTM British
Pound Sterling Trust trading on the NYSE and NYSE Arca, and from the
CME and London International Financial Futures Exchange (``LIFFE'') in
connection with Euro and Pound futures trading on those exchanges.\31\
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    \31\ NYSE and NYSE Arca are members of ISG. CME and LIFFE are
affiliate members of ISG.
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    In addition, the Phlx represented that it is able to obtain
information regarding trading in the Euro Currency Trust Shares,
British Pound Sterling Shares, Euro and British Pound options, and Euro
and British Pound futures and options on futures through Phlx members,
in connection with such members' proprietary or customer trades which
they effect on any relevant market.\32\ Pursuant to Phlx Rule 1022,
specialists and Registered Options Traders (``ROTs'') are required to
identify all accounts maintained for foreign currency trading in which
the specialist or ROT engages in trading activity or over which he
exercises investment discretion, and no specialist or ROT may engage in
foreign currency trading in any account not reported pursuant to the
rule. Phlx Rule 1022 also requires every specialist and ROT to make
available to the Phlx upon request all books, records and other
information relating to transactions for their own account or accounts
of associated persons with respect to the foreign currency underlying
U.S. dollar-settled FCOs, including transactions in the cash market as
well as the futures, options and options on futures markets. An
amendment to Phlx Rule 1022(d) would also add transactions in ``other
foreign currency derivatives'' to the list of currency related
transactions with respect to which specialists and ROTs must provide
information to the Exchange.
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    \32\ See Equity Floor Procedure Advice F-8 and Options Floor
Procedure F-8, Failure to Comply with an Exchange Inquiry.
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C. Trading on Phlx XL

    The Exchange proposes that U.S. dollar-settled FCOs trade on Phlx
XL, the Exchange's electronic trading platform for options. In this
regard, the Exchange proposes to amend a number of rules that currently
govern the trading of equity and equity index options that trade as
``Streaming Quote Options'' on Phlx XL to extend the coverage of those
rules to U.S. dollar-settled FCOs and to include U.S. dollar-settled
FCOs as a product that may be traded on Phlx XL as a Streaming Quote
Option.\33\ Exchange specialists, on-floor market makers known as
Streaming Quote Traders (``SQTs''),\34\ and remote market makers known
as Remote Streaming Quote Traders (``RSQTs'') \35\ who stream their
U.S. dollar-settled FCO quotes to the Exchange would be eligible to
participate in the directed order flow program. Specialists in U.S.
dollar-settled FCOs, like specialists in equity and equity index
options, also would be eligible to participate in the Exchange's
enhanced specialist participation programs.\36\
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    \33\ See Phlx Rule 1080.
    \34\ See Phlx Rule 1014(b)(ii)(A).
    \35\ See Phlx Rule 1014(b)(ii)(B).
    \36\ The Exchange currently has several Enhanced Specialist
Participation programs, embodied in Phlx Rule 1014(g). These
programs establish specified percentages as the Enhanced Specialist
Participation, depending on the category of option. Currently, the
specialist in physical delivery FCOs is not entitled to a
``specialist enhancement,'' although such a program was once in
effect.
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    Obligations and Restrictions. U.S. dollar-settled FCOs would trade
in the same general manner as equity index options,\37\ which are also
U.S. dollar-settled products.\38\ In this regard, Phlx Rule 1014 is
being amended to make

clear that the obligations and restrictions applicable to specialists
and ROTs trading equity index options now generally would apply to
specialists and ROTs in U.S. dollar-settled FCOs.\39\ In addition,
under the amendments to Phlx Rule 1014, specialists and ROTs in U.S.
dollar-settled FCOs, like specialists in physical delivery FCOs, would
be subject to rules relating to bid/ask differentials and other
affirmative market making obligations and restrictions \40\ but those
rules with respect to U.S. dollar-settled FCOs would track rules
currently applicable to equity options, in order to facilitate trading
on the Phlx XL system by the system's current users who are accustomed
to the existing bid/ask differentials applicable to equity options.\41\
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    \37\ However, Phlx Rule 1080, Commentary .01, is being revised
to reflect that the Auto-Quote system applies to equity and equity
index options, but not to U.S. dollar-settled FCOs. The Exchange's
Auto-Quote system incorporates pricing model data, which generate
automatic pricing of option series based on a number of factors,
including the value of the underlying stock.
    \38\ See Phlx Rules 1014 and 1080. Conforming changes are being
made to Options Floor Procedure Advices B-6, Priority of Options
Orders for Equity Options and Index Options by Account Type, B-7,
Time Priority of Bids/Offers in Foreign Currency Options, and F-6,
Option Quote Parameters.
    \39\ However, Phlx Rule 1014(c)(i)(B), which provides for a
maximum option price change with exceptions based upon the price of
the underlying security, would not apply to U.S. dollar-settled
FCOs. The Exchange does not have a maximum option price change rule
that applies to physical delivery FCOs and is not proposing a
maximum option price change rule for U.S. dollar-settled FCOs.
    \40\ However, Phlx Rule 1014(c)(i)(B), which provides for a
maximum option price change with exceptions based upon the price of
the underlying security, would not apply to U.S. dollar-settled
FCOs.
    \41\ Other amendments to Phlx Rule 1014 would make clear that
current provisions on priority/parity and bid/ask differentials that
apply to FCO contracts would be limited to physical delivery FCOs.
See paragraphs (c)(ii) and (h), and Commentary .16 of Phlx Rule
1014. Similarly, options Floor Procedure Advice F-17, relating to
trades to be effected in the trading pit, is being amended so that
it applies only to physical delivery FCOs, because U.S. dollar-
settled FCOs will trade on Phlx XL.
---------------------------------------------------------------------------

    In addition, the Exchange proposes to amend Phlx Rule 1063 and
Options Floor Procedure Advice C-2 to provide that the Floor Broker
Management System currently employed with respect to equity and equity
index options would also be required to be used for U.S. dollar-settled
FCOs.\42\
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    \42\ The Options Floor Broker Management System is a component
of AUTOM designed to enable Floor Brokers and/or their employees to
enter, route and report transactions stemming from options orders
received on the Exchange. The Options Floor Broker Management System
also is designed to establish an electronic audit trail for options
orders represented and executed by Floor Brokers on the Exchange.
See Phlx Rule 1080, Commentary .06.
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    Openings. Phlx Rule 1017 governs the Exchange's fully automated
opening system for options traded on Phlx XL.\43\ Phlx Rule 1017 is
being amended to reflect that U.S. dollar-settled FCOs would be opened
using the automated opening system, subject to certain adjustments to
current processes because FCO openings, unlike openings of equity and
index options, would not depend upon the opening of trading in an
underlying cash market.\44\ More specifically, Phlx Rule 1017 would
provide that Phlx XL would accept orders and quotes in U.S. dollar-
settled FCOs beginning no later than one hour before market opening,
and that the specialist assigned in the particular U.S. dollar-settled
FCO must enter opening quotes not later than 30 seconds after market
opening.\45\ It would provide that in certain circumstances an
anticipated opening price would be calculated if the quotes of at least
two Phlx XL participants have been submitted within two minutes of
market opening (or such shorter time as determined by the FCO Committee
and disseminated to membership via Exchange circular). Finally, it
would provide that the system would not open a series of U.S. dollar-
settled FCOs if the opening price is not within an acceptable range (as
determined by the FCO Committee and announced to Exchange members and
member organizations by way of Exchange circular).
---------------------------------------------------------------------------

    \43\ For a description of the automated opening system, see
Securities Exchange Act Release Nos. 52667 (October 25, 2005), 70 FR
65953 (November 1, 2005) (SR-Phlx-2005-25), and 53242 (February 7,
2006), 71 FR 7604 (February 13, 2006) (SR-Phlx-2006-11). The
Exchange also is making a technical change to clarify the
application of Phlx Rule 1017 to index options by inserting
reference to ``underlying securities constituting 100% of the index
value.'' The rule currently refers to the opening of the
``underlying security,'' which makes sense with respect to equity
options, but not index options.
    \44\ See Phlx Rule 1017. In addition, the Exchange is making
conforming changes to Options Floor Procedure Advices A-12 and A-14.
    \45\ Market opening, as with equity and equity index options, is
normally at 9:30 a.m. Eastern Time.
---------------------------------------------------------------------------

    Block Trades. In addition, the block trade procedures in Phlx Rule
1016 are limited to physical delivery FCOs. According to the Exchange,
the block trading rule currently enables market participants to execute
large-size FCO orders in an orderly fashion at a price that may not be
the best bid or offer for that particular FCO, but is the best price
available for executing a block trade in such FCO. To take advantage of
the block execution procedure, Phlx Rule 1016 requires a floor broker
with a block order to quote the market in a particular FCO, announce
that a block quotation for a specified number of contracts over 1,000
is sought, and ascertain from the trading crowd the best price at which
the entire order can be executed. The Exchange believes that trading of
U.S. dollar-settled FCOs on Phlx XL by SQTs and RSQTs who stream quotes
into the system makes execution of block trades pursuant to the
procedures required by Phlx Rule 1016 impractical.
    Customized Foreign Currency Options. Phlx Rule 1069 is being
amended to limit the applicability of the rule to physical delivery
FCOs so that U.S. dollar-settled FCOs would not be eligible to trade on
a customized basis.
    Foreign Currency Options Committee. Phlx Rules 1014 and 1080 and
Options Floor Procedure Advice A-13 is being amended to provide that
the Foreign Currency Options Committee would have decision-making
authority in certain instances with respect to U.S. dollar-settled FCOs
(rather than the Options Committee, which oversees the trading of
equity and equity index options on Phlx XL). In addition, the Phlx is
deleting the words ``on-floor'' from the term ``on-floor Governor'' in
Phlx Rule 1014(g), because the ``on-floor Governor'' category has
previously been eliminated from the Exchange's by-laws.\46\
---------------------------------------------------------------------------

    \46\ See Amendment No. 3, supra notes 6 and 28.
---------------------------------------------------------------------------

D. Customer Protection

    Exchange rules designed to protect public customers trading in FCOs
would apply to U.S. dollar-settled FCOs on the Currencies.
Specifically, Phlx Rule 1024(b) prohibits members from accepting a
customer order to purchase or write a U.S. dollar-settled FCO unless
such customer's account has been specially approved in writing by a
designated Foreign Currency Options Principal of the member for
transactions in FCOs. Additionally, Phlx Rule 1026 is designed to
ensure that options, including U.S. dollar-settled FCOs, are sold only
to customers capable of evaluating and bearing the risks associated
with trading in the instruments. Finally, under Phlx Rule 1027, members
are permitted to exercise discretionary power with respect to trading
U.S. dollar-settled FCOs in a customer's account only if the member has
received prior written authorization from the customer and the account
has been accepted in writing by a designated Foreign Currency Options
Principal. In addition, the Foreign Currency Options Principal or a
Registered Options Principal must approve and initial each
discretionary U.S. dollar-settled FCO on the day the order is
entered.\47\ Phlx Rule 1025 relating to the supervision of accounts,
Phlx Rule 1028 relating to confirmations, and Phlx Rule 1029 relating
to delivery of options disclosure documents also would apply to trading
in U.S. dollar-settled FCOs.
---------------------------------------------------------------------------

    \47\ See Phlx Rule 1027.

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

III. Commission Finding and Conclusions

    After careful consideration, 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.\48\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\49\
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.
---------------------------------------------------------------------------

    \48\ 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).
    \49\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

A. Settlement Value and Dissemination of Information

    The Commission believes that sufficient venues exist for obtaining
reliable information on the Currencies so that investors in U.S.
dollar-settled FCOs can monitor the underlying spot market in the
Currencies. The Commission also believes that the Phlx's procedures and
the competitive nature of the spot market for the Currencies should
help to ensure that the settlement values for U.S. dollar-settled FCO
contracts will accurately reflect the spot price for foreign
currencies. Finally, the closing settlement value, which will be the
Noon Buying Rate on the trading day prior to expiration,\50\ would be
posted on the Exchange's Web site, where it would be publicly available
to all visitors on an equal basis, without the need to enter any kind
of password.
---------------------------------------------------------------------------

    \50\ If the Noon Buying Rate is not announced by 2 p.m. Eastern
Time, the closing settlement value would be the most recently
announced Noon Buying Rate, unless the Exchange determines to apply
an alternative closing settlement value as a result of extraordinary
circumstances.
---------------------------------------------------------------------------

B. Customer Protection

    The Commission believes that a regulatory system designed to
protect public customers must be in place before the trading of
sophisticated financial instruments, such as U.S. dollar-settled FCOs
on the Currencies, can commence on a national securities exchange. The
Commission believes this goal has been satisfied by the application of
Phlx customer protection rules for FCOs to U.S. dollar-settled FCOs.

C. Surveillance

    The Commission notes that the Phlx will integrate U.S. dollar-
settled FCOs into existing Phlx market surveillance market programs for
equity and index options, as well as for physical delivery foreign
currency options, and that the Phlx intends to apply those same program
procedures to the U.S. dollar-settled FCOs. The Commission also notes
that Phlx Rule 1022, Equity Floor Procedure Advice F-8, and Options
Floor Procedure F-8, as amended to include transactions in ``other
foreign currency derivatives,'' provide Phlx with the authority to
obtain information regarding trading in the Euro Currency Trust Shares,
British Pound Sterling Shares, Euro and British Pound options, and Euro
and British Pound futures and options on futures through Phlx members,
in connection with such members' proprietary or customer trades which
they effect on any relevant market. In addition, the Phlx may obtain
trading information via the ISG from other exchanges who are members or
affiliates of the ISG. Specifically, the Phlx can obtain such
information from the NYSE and NYSE Arca in connection with shares of
the Euro Currency Trust and the CurrencySharesTM British
Pound Sterling Trust trading on the NYSE and NYSE Arca, and from the
CME and LIFFE in connection with Euro and Pound futures trading on
those exchanges. The Commission believes that these rules provide the
Phlx with the tools necessary to adequately surveil trading in the
Securities.

D. Position and Exercise Limits

    As noted above, U.S. dollar-settled FCO contracts will be
aggregated with physical delivery contracts for position and exercise
limit purposes. The Commission believes that aggregation of U.S.
dollar-settled FCOs with the physical delivery contracts for position
and exercise limit purposes is prudent and minimizes concerns regarding
manipulations or disruptions of the markets for U.S. dollar-settled FCO
contracts and physical delivery contracts.

E. Trading on Phlx XL

    The Commission believes that the trading of U.S. dollar-settled
FCOs on Phlx XL is consistent with the Act. The rules that currently
govern the trading of equity and equity index options that trade as
``Streaming Quote Options'' on Phlx would be extended to include U.S.
dollar-settled FCOs.\51\
---------------------------------------------------------------------------

    \51\ See supra notes 33 to 42 and accompanying text.
---------------------------------------------------------------------------

F. Other Rules

    The Commission believes that the other rule changes proposed by the
Phlx to accommodate the trading of U.S. dollar-settled FCOs are
consistent with the Act. First, the Commission believes it is
reasonable for the Phlx to initially list exercise strike prices for
each expiration around the current spot price at half-cent ($0.005)
intervals up to five percent on each side.\52\ The Commission notes
that the Phlx has represented that it has the system capacity to
support the additional quotations and messages that will result from
listing options on U.S. dollar settled FCOs.\53\
---------------------------------------------------------------------------

    \52\ When listing additional strikes, the Commission expects the
Exchange to consider whether the listing of such strikes will be
consistent with the maintenance of a fair and orderly market.
    \53\ See Letter, dated October 11, 2006, from Thomas A. Whitman,
Senior Vice President, Phlx, to Elizabeth King, Associate Director,
Division of Market Regulation (``Division''), Commission, Heather
Seidel, Senior Special Counsel, Division, Commission, and David Hsu,
Special Counsel, Division, Commission.
---------------------------------------------------------------------------

    Finally, the Commission believes that it is consistent with the Act
for the Exchange to establish the minimum trading increment for U.S.
dollar-settled FCOs at $.0005 (expressed as $.05) per unit of the
foreign currency for U.S. dollar-settled FCOs quoted at less than
$.0300 (expressed as $3.00), and at $.0010 (expressed as $.10) per unit
of the foreign currency for U.S. dollar-settled FCOs quoted at $.0300
(expressed as $3.00) or higher.

G. Accelerated Approval

    Pursuant to Section 19(b)(2) of the Act, the Commission finds good
cause to approve the proposal, as amended, prior to the thirtieth day
after the amended proposal is published for comment in the Federal
Register. Amendment No. 3 clarifies the proposed rule change with
respect to the Phlx quoting convention, deletes outdated references to
``on-floor Governor'' in Phlx Rule 1014, and contains Phlx
representations with regard to the Phlx surveillance procedures.
Accordingly, the Commission finds good cause to accelerate approval of
the amended proposal prior to the thirtieth day after publication in
the Federal Register.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning Amendment No. 3, including whether Amendment No. 3
is consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

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

File Number SR-Phlx-2006-34 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2006-34. 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 office of Phlx. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-Phlx-2006-34 and should be submitted on or before January 19, 2007.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\54\ that the proposed rule change (SR-Phlx-2006-34), as modified
by Amendments No. 1, 2, and 3, be, and it hereby is, approved on an
accelerated basis.
---------------------------------------------------------------------------

    \54\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\55\
---------------------------------------------------------------------------

    \55\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E6-22404 Filed 12-28-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: February 5, 2009 (Volume 74, Number 23)]
[Notices]
[Page 6148-6152]
[DOCID:fr05fe09-25]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

January 28, 2009.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC09-49-000.
    Applicants: ESI California Holdings, Inc.; DTE Woodland LLC.
    Description: Joint Application of ESI California Holdings, Inc. and
DTE Woodland LLC for Authorization to Acquire Interests in an Electric
Utility Company, Request for Confidential Treatment and Request for
Expedited Notice and Action.
    Filed Date: 01/23/2009.
    Accession Number: 20090123-5061.
    Comment Date: 5 p.m. Eastern Time on Friday, February 13, 2009.

    Docket Numbers: EC09-50-000.
    Applicants: Southern California Edison Company, Mountainview Power
Company, LLC.
    Description: Southern California Edison Company et al. requests
approval for Moutainview Power Co., LLC to dispose of its Commission
jurisdictional assets to SCE and to acquire and own Mountainview's
assets directly etc.
    Filed Date: 01/23/2009.
    Accession Number: 20090127-0120.
    Comment Date: 5 p.m. Eastern Time on Friday, February 13, 2009.
    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG09-25-000.

    Applicants: EcoGrove Wind, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status.
    Filed Date: 01/23/2009.
    Accession Number: 20090123-5042.
    Comment Date: 5 p.m. Eastern Time on Friday, February 13, 2009.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER94-1188-045; ER98-1279-016; ER98-4540-014; ER99-
1623-014.
    Applicants: LG&E Energy Marketing Inc., Louisville Gas & Electric
Company, Kentucky Utilities Company, Western Kentucky Energy
Corporation.
    Description: LG&E Energy Marketing Inc., et al. submits a Response
to the December 23, 2008 Data Request.
    Filed Date: 01/26/2009.
    Accession Number: 20090126-5023.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 17, 2009.

    Docket Numbers: ER99-2342-012.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Co. submits response to FERC's 12/23/08
request for additional information in connection with their 9/2/08
submission of updated market power analyses.
    Filed Date: 01/16/2009.
    Accession Number: 20090123-0195.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: ER99-2923-005.
    Applicants: Phelps Dodge Energy Services, LLC.
    Description: Phelps Dogde Energy Services, LLC submits Substitute
Fourth Revised Sheet 1 etc. pursuant to Order 697.
    Filed Date: 01/16/2009.
    Accession Number: 20090126-0310.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: ER01-3001-022; ER03-647-013.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance Filing of New York Independent System
Operator, Inc.
    Filed Date: 01/15/2009.
    Accession Number: 20090115-5038.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 5, 2009.

    Docket Numbers: ER06-615-037.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp. submits
the second annual report evaluating demand response.
    Filed Date: 01/15/2009.
    Accession Number: 20090121-0113.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 5, 2009.

    Docket Numbers: ER06-615-040; ER07-475-006; ER07-869-005.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp. submits
their compliance filing in compliance with FERC's 12/18/08 Order under
ER07-869 et al.
    Filed Date: 01/26/2009.
    Accession Number: 20090126-0218.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 17, 2009.

    Docket Numbers: ER06-615-041.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp. submits
interim Measures for Unscheduling in the Day-Ahead Market Compliance
Filing in compliance with FERC's 12/19/08 Order.
    Filed Date: 01/21/2009.
    Accession Number: 20090126-0214.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 11, 2009.

    Docket Numbers: ER07-1014-002.
    Applicants: NSTAR Electric Company.
    Description: NSTAR Electric Company submits Update to Annual
Information filing in compliance with the directives of the 6/2007
Order.
    Filed Date: 01/14/2009.
    Accession Number: 20090121-0123.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 4, 2009.

    Docket Numbers: ER07-1372-014.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits revisions to the Midwest ISO's Open Access Transmission, Energy
and Operating Reserve Markets Tariff.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0383.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 12, 2009.

    Docket Numbers: ER08-209-004.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits a revised unexecuted Large Generator Interconnection Agreement
with Prairie State Generating Co., LLC et al.
    Filed Date: 01/21/2009.
    Accession Number: 20090122-0081.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 11, 2009.

    Docket Numbers: ER08-283-002.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance Filing of the New York Independent System
Operator, Inc.
    Filed Date: 01/21/2009.
    Accession Number: 20090121-5244.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 11, 2009.

    Docket Numbers: ER08-585-001.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp's
revisions to its Market Redesign and Technology Upgrade of the CAISO's
open access transmission tariff relating to Grid Management Charge in
compliance w/FERC's 12/19/08 Order.
    Filed Date: 01/21/2009.
    Accession Number: 20090126-0213.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 11, 2009.

    Docket Numbers: ER08-844-001.
    Applicants: Entergy Services, Inc.
    Description: Entergy Mississippi, Inc. submits an amendment to
their instant filing submitted on 4/18/08.
    Filed Date: 01/22/2009.
    Accession Number: 20090126-0217.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 12, 2009.

    Docket Numbers: ER08-1055-003.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits revisions to the CRSG Operating Protocols to comply with the
Commission's directives in the 12/18 Order.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0385.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 12, 2009.

    Docket Numbers: ER08-1225-001; ER08-1111-001; ER08-1226-001.
    Applicants: Cloud County Wind Farm, LLC; Pioneer Prairie Wind Farm
I, LLC; Arlington Wind Power Project LLC.
    Description: Notice of Non-Material Change in Status for Arlington
Wind Power Project LLC, et al.
    Filed Date: 01/27/2009.
    Accession Number: 20090127-5092.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 17, 2009.

    Docket Numbers: ER08-1256-002.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits proposed revisions to their Open Access Transmission, Energy
and Operating Reserve Markets Tariff.
    Filed Date: 01/22/2009.
    Accession Number: 20090126-0219.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 12, 2009.

    Docket Numbers: ER08-1297-002; ER02-2559-009; ER01-1071-013; ER08-
1293-002; ER08-1294-002; ER06-9-008; ER05-1281-008; ER03-34-012; ER02-
1903-010; ER06-1261-007; ER03-1104-009; ER03-1105-009; ER08-197-006;
ER07-904-004; ER98-3566-018; ER98-4222-014; ER08-250-003; ER07-1157-
004; ER07-174-007; ER08-1296-002; ER07-875-003; ER08-1300-002.
    Applicants: Ashtabula Wind, LLC; Backbone Mountain Windpower, LLC;
Badger Windpower, LLC; Crystal Lake Wind, LLC; Crystal Lake Wind II,
LLC; FPL Energy Burleigh Couty Wind, LLC; FPL Energy Duane Arnold, LLC;
FPL Energy Hancock Couty Wind, LLC; FPL Energy Marcus Hook, L.P.; FPL
Energy North Dakota Wind, LLC; FPL Energy North Dakota Wind II, LLC;
FPL Energy Oliver Wind II, LLC; FPL Energy Point Beach, LLC; FPL Energy
Power Marketing, Inc.; Lake Benton Power Partners II, LLC; Langdon
Wind, LLC; Logan Wind Energy LLC; Osceola Windpower, LLC; Osceola
Windpower II, LLC; Peetz Table Wind Energy, LLC; Story Wind, LLC.
    Description: Ashtabula Wind, LLC et al. submits revisions to its
MBR schedules to include the tariff provision the Commission has
formulated to allow market based rate sellers to sell ancillary
services in the Ancillary Services Market.
    Filed Date: 01/15/2009.
    Accession Number: 20090121-0186.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 5, 2009.

    Docket Numbers: ER08-1442-001.
    Applicants: Flat Ridge Wind Energy, LLC.
    Description: Flat Ridge Wind Energy, LLC submits revised tariff
pages for its market-based rate wholesale power tariff.
    Filed Date: 01/16/2009.
    Accession Number: 20090122-0207.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: ER08-1457-003.
    Applicants: PPL Electric Utilities Corporation.
    Description: PPL Electric Utilities Corporation submits an errata
to the 11/26/08 compliance filing.
    Filed Date: 01/16/2009.
    Accession Number: 20090122-0206.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: ER09-15-001.
    Applicants: Midwest Independent Transmission System Operator Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits revisions to the Midwest ISO's Open Access Transmission, Energy
and Operating Reserve Markets Tariff.
    Filed Date: 01/22/2009.
    Accession Number: 20090123-0384.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 12, 2009.

    Docket Numbers: ER09-88-001.
    Applicants: Southern Company Services, Inc.
    Description: Alabama Power Co et al. (Southern Companies) submits
their compliance filing to the Commission's 12/18/08 Order.
    Filed Date: 01/21/2009.
    Accession Number: 20090126-0212.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 11, 2009.

    Docket Numbers: ER09-89-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits revisions to its
Open Access Transmission Tariff incorporating a blank transmission
formula rate template for Oklahoma Gas and Electric Company.
    Filed Date: 01/16/2009.
    Accession Number: 20090121-0120.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: ER09-162-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits revised pages to
its Open Access Transmission Tariff incorporating a blank transmission
formula rate template for Southwestern Public Service Company, etc.
    Filed Date: 01/16/2009.
    Accession Number: 20090121-0126.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: ER09-289-001.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits a
compliance filing to revise the Joint Coordination Agreement between
the ISO New England, Inc. and the NYISO filed 11/15/08.
    Filed Date: 01/16/2009.
    Accession Number: 20090121-0125.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: ER09-496-001.
    Applicants: PJM Interconnection LLC.
    Description: PJM Interconnection LLC submits Substitute Service
Agreement 2078 that supersedes Service Agreement 2078.
    Filed Date: 01/16/2009.
    Accession Number: 20090121-0127.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: ER09-502-000.
    Applicants: EDF Development, Inc.
    Description: EDF Development, Inc. submits application for
acceptance of market based rate tariff, et al. Filed Date: 01/26/2009.
    Accession Number: 20090127-0136.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 17, 2009.

    Docket Numbers: ER09-549-000.
    Applicants: Wisconsin Public Service Corporation.
    Description: Wisconsin Public Service Corporation et al. submit
Local Balancing Area Operations Coordination Agreement.
    Filed Date: 01/16/2009.
    Accession Number: 20090121-0119.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: ER09-550-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits modification 1 to Revised Exhibit
to the Amended and Restated AC Intertie Agreement, Substitute First
Revised Rate Schedule FERC 368.
    Filed Date: 01/16/2009.
    Accession Number: 20090121-0121.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: ER09-551-000.
    Applicants: Connecticut Light & Power Company.
    Description: The Connecticut Light and Power Company et al. submits
Engineering Agreement for Switchyard Design Basis Manual by and between
CL&P and GenConn Middletown LLC.
    Filed Date: 01/16/2009.
    Accession Number: 20090121-0122.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: ER09-552-000.
    Applicants: Goldfinch Capital Management, LP.
    Description: Goldfinch Capital Management, LP submits petition for
acceptance of initial tariff, waivers and blanket authority.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0138.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 17, 2009.

    Docket Numbers: ER09-553-000.
    Applicants: Vista Energy Marketing, LP.
    Description: Vista Energy Marketing, LP submits petition for
acceptance of initial tariff, waivers and blanket authority.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0137.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 17, 2009.

    Docket Numbers: ER09-555-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Operating Companies submits proposed revisions
to Attachment V of their Open Access Transmission Tariff, FERC Electric
Tariff, Third Revised Volume 3.

    Filed Date: 01/16/2009.
    Accession Number: 20090122-0208.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: ER09-556-000; ER08-367-003; ER06-615-039.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits revisions to the Market Redesign and Technology Upgrade Tariff
in compliance with the Commission's 12/4/08 Order.
    Filed Date: 01/15/2009.
    Accession Number: 20090122-0211.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 5, 2009.

    Docket Numbers: ER09-557-000.
    Applicants: Duke Energy Marketing America, LLC.
    Description: Duke Energy Marketing America, LLC submits Notice of
Cancellation for their market based rate tariff, FERC Electric Tariff,
Original Volume 1, to be effective 3/22/09.
    Filed Date: 01/22/2009.
    Accession Number: 20090126-0130.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 12, 2009.

    Docket Numbers: ER09-558-000.
    Applicants: PJM Interconnection LLC.
    Description: PJM, Interconnection, LLC submits an executed
Interconnection Service Agreement with Conectiv Delmarva Generation,
LLC.
    Filed Date: 01/22/2009.
    Accession Number: 20090126-0131.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 12, 2009.

    Docket Numbers: ER09-559-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits revisions
to its Transmission Owner Tariff, FERC Electric Tariff, Second Revised
6 to update the Transmission Access Charge Balancing Account Adjustment
Rate, effective 4/1/09.
    Filed Date: 01/21/2009.
    Accession Number: 20090126-0156.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 11, 2009.

    Docket Numbers: ER09-560-000.
    Applicants: Covanta Maine, LLC.
    Description: Covanta Maine, LLC submits Notice of Succession
notifying FERC of corporate name change to adopt as their own, FERC
Electric Tariff of Indect Maine Energy, LLC, First Revised Volume 1
etc.
    Filed Date: 01/21/2009.
    Accession Number: 20090126-0132.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 11, 2009.

    Docket Numbers: ER09-561-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits public version of its Request to Terminate the Market
Participant Agreement between etc.
    Filed Date: 01/21/2009.
    Accession Number: 20090126-0139.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 11, 2009.

    Docket Numbers: ER09-562-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Duke Energy Carolinas, LLC submits revisions to its
open access transmission tariff, FERC Electric Tariff, Sixth Revised
Volume 4 in accordance with the Commission's Order 890 and 676-C.
    Filed Date: 01/16/2009.
    Accession Number: 20090126-0133.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: ER09-563-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits an executed Interim
Interconnection Service Agreement with Virginia Electric and Power Co.
    Filed Date: 01/22/2009.
    Accession Number: 20090126-0138.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 12, 2009.

    Docket Numbers: ER09-564-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits an executed
Interconnection Service Agreement with Dayton Power & Light Co.
    Filed Date: 01/22/2009.
    Accession Number: 20090126-0137.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 12, 2009.

    Docket Numbers: ER09-565-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits an executed Interim
Interconnection Service Agreement with Virginia Electric and Power Co.
    Filed Date: 01/22/2009.
    Accession Number: 20090126-0136.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 12, 2009.

    Docket Numbers: ER09-567-000.
    Applicants: Southern California Edison Company, Mountainview Power
Company, LLC.
    Description: Southern California Edison Company et al. requests
approval for Moutainview Power Co, LLC to dispose of its Commission
jurisdictional assets to SCE and to acquire and own Mountainview's
assets directly etc.
    Filed Date: 01/23/2009.
    Accession Number: 20090127-0120.
    Comment Date: 5 p.m. Eastern Time on Friday, February 13, 2009.

    Docket Numbers: ER09-568-000.
    Applicants: Southern Company Services, Inc.
    Description: Southern Company Services, Inc. submits Service
Agreement for Firm Point-To-Point Transmission Service with Topaz
Energy Associates, LLC.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0162.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 17, 2009.

    Docket Numbers: ER09-569-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits an executed service
agreement for Firm Point-To-Point Transmission Service with Kansas
Municipal Energy Service.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0163.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 17, 2009.

    Docket Numbers: ER09-570-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Co of New Mexico submits a Revised
Network Integration Transmission Service Agreement etc with Western
Area Power Administration.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0161.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 17, 2009.

    Docket Numbers: ER09-571-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Co submits Small Generator
Interconnection Agreement and Service Agreement for Wholesale
Distribution Service with Ventura Regional Sanitation District.
    Filed Date: 01/26/2009.
    Accession Number: 20090127-0164.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 17, 2009.

    Docket Numbers: ER09-572-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits petition for waiver of open access same time information system
requirements.
    Filed Date: 01/23/2009.
    Accession Number: 20090127-0314.
    Comment Date: 5 p.m. Eastern Time on Friday, February 13, 2009.
    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA08-50-002.

    Applicants: Duke Energy Carolinas, LLC.
    Description: Duke Energy Carolinas, LLC submits revisions to its
open access transmission tariff, FERC Electric Tariff, Sixth Revised
Volume 4 in accordance with the Commission's Order 890 and 676-C.
    Filed Date: 01/16/2009.
    Accession Number: 20090126-0133.
    Comment Date: 5 p.m. Eastern Time on Friday, February 6, 2009.

    Docket Numbers: OA09-17-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits revisions to the CAISO's Market Redesign and Technology Upgrade
Tariff, Appendix L, Methodology to Assess Available Transfer Capability
etc.
    Filed Date: 01/15/2009.
    Accession Number: 20090121-0105.
    Comment Date: 5 p.m. Eastern Time on Thursday, February 5, 2009.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-2425 Filed 2-4-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37977-37978]
[FR Doc No: 2017-17115]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0002-N-22]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), this notice
announces that FRA is forwarding the Information Collection Request
(ICR) abstracted below to the Office of Management and Budget (OMB) for
review and comment. The ICR describes the information collection and
its expected burden. On May 22, 2017, FRA published a notice providing
a 60-day period for public comment on the ICR.

DATES: Comments must be submitted on or before September 13, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New
Jersey Avenue SE., Mail Stop 25, Washington, DC 20590 (Telephone: (202)
493-6292); or Ms. Kim Toone, Information Collection Clearance Officer,
Office of Administration, Office of Information Technology, RAD-20,
Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop
35, Washington, DC 20590 (Telephone:<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
issue two notices seeking public comment on information collection
activities before OMB may approve paperwork packages. 44 U.S.C. 3506,
3507; 5 CFR 1320.5, 1320.8(d)(1), and 1320.10. On May 22, 2017, FRA
published a 60-day notice in the Federal Register soliciting comment on
the ICR for which it is now seeking OMB approval. See 82 FR 17498. FRA
received no comments in response to that notice.
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.10. Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30-day
notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.10; see also 60
FR 44978, 44983, Aug. 29, 1995. OMB believes the 30-day notice gives
the regulated community to the opportunity to file relevant comments
and affords the agency adequate time to digest public comments before
it renders a decision. Id. Therefore, respondents should submit their
respective comments to OMB within 30 days of publication to best ensure
having their full effect.
    The summary below describes the ICR and its expected burden. FRA is
submitting this renewal request for clearance by OMB as the PRA
requires.
    Title: Survey of Plant and Insular Tourist Railroads Subject to FRA
Bridge Safety Standards (49 CFR part 237).
    OMB Control Number: 2130-0617.
    Abstract: FRA's Bridge Safety Standards (49 CFR part 237) apply to
all owners of railroad track with a gage of 2 feet or more supported by
a bridge. This includes track owners with bridges located within an
installation which is not part of the general railroad system of
transportation (general system), but over which a general system
railroad operates (i.e., bridges within an insular tourist railroad,
and bridges within an industrial installation (plant) that is not part
of the general system, but over which a general system railroad
operates). Currently, FRA relies on the railroad accident/incident
reports (49 CFR part 225) to identify track owners subject to the
requirements of part 237. However, plant and insular tourist railroads
are exempt from 49 CFR part 225 (Railroad Accidents/Incidents: Reports,
Classification, and Investigations). FRA wants to identify plant and
insular tourist railroads that may be subject to part 237 requirements,
but are exempt from part 225 reporting requirements. FRA will use this
information to help evaluate risks related to railroad safety and to
plan oversight activities.
    FRA is requesting any railroad serving a plant and moving railroad
equipment over bridges within the plant, or the plant itself, to advise
FRA by email if there are railroad bridges within the plant potentially
subject to FRA Bridge Safety Standards. FRA is also requesting insular
tourist railroads whose tracks are supported by one or more bridges to
advise FRA of the existence of their bridges by email. Email
notifications should be sent to<EMAIL_ADDRESS>and
should include the name of the plant, installation, or insular tourist
railroad, and that entity's address (including city and State, contact
name, telephone number, and email address). Notification may also be
made by telephone to Yujiang Zhang at<PHONE_NUMBER>. This survey is
ongoing with approval requested for 3 years.
    Type of Request: Extension without change of a previously approved
information collection.
    Affected Public: Freight railroads, industrial installations
(plants), insular tourist railroads.
    Form(s): N/A.
    Total Estimated Annual Responses: 210.
    Total Estimated Annual Burden: 53 hours.
    Addressee: Send comments regarding these information collections to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street NW., Washington, DC 20503, Attention: FRA
Desk Officer. Comments may also be sent via email to OMB at the
following address<EMAIL_ADDRESS>    FRA requests comment on all aspects of this ICR, but commenters
should focus on the following: Whether the proposed collection of
information is necessary for DOT to properly perform its functions,
including whether the information will have practical utility; the
accuracy of DOT's estimates of the burden of the proposed information
collections; ways to enhance the quality, utility, and clarity of the
information to be collected; and ways to minimize the burden of the
collections of information on respondents, including the use of
automated collection techniques or other forms of information
technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.

    Authority: 44 U.S.C. 3501-3520.

Sarah L. Inderbitzin,
Deputy Chief Counsel.
[FR Doc. 2017-17115 Filed 8-11-17; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Rules and Regulations]
[Pages 64123-64124]
[FR Doc No: 2014-25595]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2013-0694; FRL-9917-96-Region 2]

Identification of Nonattainment Classification and Deadlines for
Submission of State Implementation Plan (SIP) Provisions for the 1997
Fine Particle (PM2.5) National Ambient Air Quality Standard
(NAAQS) and 2006 PM2.5 NAAQS; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendments.

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

SUMMARY: The Environmental Protection Agency (EPA) published a final
rule in the Federal Register on Monday, June 2, 2014, updating
regulations for the 1997 and 2006 PM2.5 NAAQS nonattainment
areas. Errors in the tables for the New York 1997 Annual
PM2.5 NAAQS and the New York 2006 24-hour PM2.5
NAAQS are identified and corrected in this action.

DATES: This final rule is effective on October 28, 2014.

FOR FURTHER INFORMATION CONTACT: Kenneth Fradkin
(Fradkin.kenneth@epa.gov), Air Programs Branch, 290 Broadway, 25th
Floor, New York, New York 10007-1866,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: EPA published a final rule document on June
2, 2014 (79 FR 31566) updating 40 CFR part 81, ``Designation of Areas
for Air Quality Planning Purposes'' for the 1997 and 2006
PM2.5 NAAQS nonattainment areas. This final rule included
revisions to 40 CFR 81.333 to remove the tables titled ``New York-
PM2.5 (Annual NAAQS)'' and ``New York-PM2.5 (24-
hour NAAQS)'' and to add three tables titled ``New York-1997 Annual
PM2.5 NAAQS (Primary and Secondary)'' and ``New York-1997
24-hour PM2.5 NAAQS (Primary and Secondary)'' and ``New
York-2006 24-hour PM2.5 NAAQS (Primary and Secondary)''. The
entries for the New York-N. New Jersey-Long Island, NY-NJ-CT designated
area in the New York-1997 Annual PM2.5 NAAQS table, and the
New York-2006 24-hour PM2.5 NAAQS table erroneously
indicated that the areas were designated as nonattainment when, in
fact, the areas had been redesignated to attainment status on April 18,
2014. 79 FR 21857. The entries for the New York-N. New Jersey-Long
Island, NY-NJ-CT, designated area for Bronx County, Kings County,
Nassau County, New York County, Orange County, Queens County, Richmond
County, Rockland County, Suffolk County, and Westchester County should
be listed with a designation date ``4/18/14'' and designation type of
``Attainment.'' The classification date and type should be blank.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National Parks,
Wilderness areas.

    Dated: October 20, 2014.
 Judith A. Enck,
 Regional Administrator, Region 2.
    40 CFR part 81 is corrected by making the following correcting
amendments:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. Section 81.333 is amended by:
0
a. Amending the table entitled ``New York--1997 Annual PM2.5
NAAQS (Primary and secondary)'' by:
0
i. Removing from under the column entitled ``Classification'' the word
``Date \1\'' and adding ``Date'' in its place;
0
ii. Revising the entries under ``New York-N. New Jersey-Long Island,
NY-NJ-CT''; and
0
iii. Removing ``Footnote 2'' after ``Footnote 1'' after the table.
0
b. Amending the table entitled ``New York--2006 24-HOUR
PM2.5 NAAQS (Primary and secondary)'' by:
0
i. Removing from under the column entitled ``Classification'' the text
``Date \2\'' and adding ``Date'' in its place;
0
ii. Revising the entries under ``New York-N. New Jersey-Long Island,
NY-NJ-CT''; and
0
iii. Removing ``Footnote 2'' after ``Footnote 1'' after the table.
    The revisions read as follows:

Sec.  81.333  New York.

* * * * *

                                        New York--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                            Designation \a\                         Classification
         Designated area          ------------------------------------------------------------------------------
                                     Date \1\           Type                  Date                  Type
----------------------------------------------------------------------------------------------------------------
                                  New York-N. New Jersey-Long Island, NY-NJ-CT:
    Bronx County.................      4/18/14  Attainment..........
    Kings County.................      4/18/14  Attainment..........
    Nassau County................      4/18/14  Attainment..........
    New York County..............      4/18/14  Attainment..........
    Orange County................      4/18/14  Attainment..........
    Queens County................      4/18/14  Attainment..........
    Richmond County..............      4/18/14  Attainment..........
    Rockland County..............      4/18/14  Attainment..........
    Suffolk County...............      4/18/14  Attainment..........
    Westchester County...........      4/18/14  Attainment..........

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *

                                       New York--2006 24-HOUR PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                            Designation \a\                         Classification
         Designated area          ------------------------------------------------------------------------------
                                     Date \1\           Type                  Date                  Type
----------------------------------------------------------------------------------------------------------------
New York-N. New Jersey-Long
 Island, NY-NJ-CT:
    Bronx County.................      4/18/14  Attainment..........
    Kings County.................      4/18/14  Attainment..........
    Nassau County................      4/18/14  Attainment..........
    New York County..............      4/18/14  Attainment..........
    Orange County................      4/18/14  Attainment..........
    Queens County................      4/18/14  Attainment..........
    Richmond County..............      4/18/14  Attainment..........
    Rockland County..............      4/18/14  Attainment..........
    Suffolk County...............      4/18/14  Attainment..........
    Westchester County...........      4/18/14  Attainment..........

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.

* * * * *

[FR Doc. 2014-25595 Filed 10-27-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Notices]
[Pages 53057-53058]
[FR Doc No: 2014-21098]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-2708-000]

Seiling Wind, LLC; Supplemental Notice That Initial Market-Based
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Seiling Wind, LLC's application for market-based rate authority,
with an accompanying rate schedule, noting that such application
includes a request for blanket authorization, under 18 CFR Part 34, of
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,

in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a
motion to intervene or protest must serve a copy of that document on
the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability is September 17, 2014.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 28, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-21098 Filed 9-4-14; 8:45 am]
BILLING CODE 6717-01-P