[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Page 26089]
[FR Doc No: 2017-11705]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9963-09-Region 10]

Public Water Supply Supervision Program; Program Revision for the
State of Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative approval.

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SUMMARY: Notice is hereby given that the State of Washington has
revised its approved State Public Water Supply Supervision Primacy
Program. Washington has adopted regulations analogous to the
Environmental Protection Agency's Revised Total Coliform Rule. EPA has
determined that these revisions are no less stringent than the
corresponding federal regulations. Therefore, EPA intends to approve
these State program revisions. By approving these rules, EPA does not
intend to affect the rights of federally recognized Indian tribes
within ``Indian country'' as defined by 18 U.S.C. 1151, nor does it
intend to limit existing rights of the State of Washington.

DATES: All interested parties may request a public hearing. A request
for a public hearing must be submitted by July 6, 2017 to the Acting
Regional Administrator at the EPA address shown below. Frivolous or
insubstantial requests for a hearing may be denied by the Acting
Regional Administrator. However, if a substantial request for a public
hearing is made by July 6, 2017, a public hearing will be held. If no
timely and appropriate request for a hearing is received and the Acting
Regional Administrator does not elect to hold a hearing on his own
motion, this determination shall become final and effective on July 6,
2017. Any request for a public hearing shall include the following
information: (1) The name, address, and telephone number of the
individual, organization, or other entity requesting a hearing; (2) a
brief statement of the requesting person's interest in the Acting
Regional Administrator's determination and a brief statement of the
information that the requesting person intends to submit at such
hearing; (3) the signature of the individual making the request, or, if
the request is made on behalf of an organization or other entity, the
signature of a responsible official of the organization or other
entity.

ADDRESSES: All documents relating to this determination are available
for inspection between the hours of 9:00 a.m. and 4:00 p.m., Monday
through Friday, at the Washington Department of Health, Drinking Water
Program, P.O. Box 47820, Olympia, Washington 98504 and between the
hours of 9:00 a.m.-12:00 p.m. and 1:00-4:00 p.m. at the EPA Region 10
Library, 1200 Sixth Avenue, Seattle, Washington 98101. Copies of the
documents which explain the rule can also be obtained at EPA's Web site
at: https://www.federalregister.gov/articles/2013/02/13/2012-31205/national-primary-drinking-water-regulations-revisions-to-the-total-coliform-rule and https://www.federalregister.gov/articles/2014/02/26/2014-04173/national-primary-drinking-water-regulations-minor-corrections-to-the-revisions-to-the-total-coliform, or by writing or
calling Ricardi Duvil, Ph.D. at the address below.

FOR FURTHER INFORMATION CONTACT: Ricardi Duvil, Ph.D., EPA Region 10,
Drinking Water Unit, 1200 Sixth Avenue, Suite 900, OWW-193, Seattle,
Washington 98101, telephone<PHONE_NUMBER>, email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

    Authority: Section 1413 of the Safe Drinking Water Act, as
amended (1996), and 40 CFR part 142 of the National Primary Drinking
Water Regulations.

    Dated: May 10, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-11705 Filed 6-5-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 14, 2010 (Volume 75, Number 93)]
[Rules and Regulations]
[Page 27191-27192]
[DOCID:fr14my10-7]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[EPA-HQ-OAR-2003-0064, FRL-9151-3]
RIN 2060-AP80

Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NSR): Aggregation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of extension of comment period.

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SUMMARY: The EPA is announcing an extension of the public comment
period on our proposed reconsideration of the Prevention of Significant
Deterioration (PSD) and Nonattainment New Source Review (NSR):
Aggregation (April 15, 2010). The EPA is extending the comment period
that originally closed on May 17, 2010, by an additional 30 days. The
comment period will now close on June 16, 2010. The EPA is extending
the comment period because of the requests we received, which are
contained in the docket for this rulemaking.

DATES: Comments. Comments on the proposed rule published April 15, 2010
(75 FR 19567) must be received on or before June 16, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0064, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Attention Docket ID No. EPA-HQ-OAR-2003-0064, U.S.
Environmental Protection Agency, EPA West (Air Docket), 1200
Pennsylvania Avenue, Northwest, Mailcode: 6102T, Washington, DC 20460.
Please include a total of 2 copies.
     Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), 1301 Constitution Avenue, Northwest, Room 3334,
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2003-0064.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0064. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Air Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: For general information, contact Dave
Svendsgaard, Air Quality Policy Division, U.S. EPA, Office of Air
Quality Planning and Standards (C504-03), Research Triangle Park, North
Carolina 27711, telephone number<PHONE_NUMBER>, facsimile number (919)
541-5509, electronic mail e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the

public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2. Send or deliver
information identified as CBI only to the following address: Roberto
Morales, OAQPS Document Control Officer (C404-02), U.S. EPA, Research
Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2003-0064.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this notice will also be available on the World Wide Web (WWW).
Following signature by the EPA Administrator, a copy of this notice
will be posted in the regulations and standards section of our NSR home
page located at http://www.epa.gov/nsr.

    Dated: May 10, 2010.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2010-11578 Filed 5-13-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 2 (Monday, January 5, 2015)]
[Notices]
[Page 221]
[FR Doc No: 2014-30795]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ15-10-000]

City of Azusa, California; Notice of Filing

    Take notice that on December 22, 2014, City of Azusa, California
submits tariff filing per 35.28(e): City of Azusa 2015 Transmission
Revenue Balancing Account Adjustment and Existing Transmission
Contracts Update to be effective 1/1/2015.
    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, 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 on or before the comment date. On or
before the comment date, it is not necessary to 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 5 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 email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on January 12, 2015.

    Dated: December 24, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-30795 Filed 1-2-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Proposed Rules]
[Pages 7306-7308]
[FR Doc No: 2019-03727]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0033; Airspace Docket No. 19-AGL-3]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Dickinson, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E surface airspace and
Class E airspace areas extending upward from 700 feet or more above the
surface of the earth at Dickinson-Theodore Roosevelt Regional Airport
(formerly Dickinson Municipal Airport) in Dickinson, ND. The FAA is
proposing this action as the result of an airspace review caused by the
decommissioning of the Dickinson non-directional radio beacon (NDB).
The geographic coordinates for the airport in the associated airspace
and the airport name would be updated to coincide with the FAA's
aeronautical database. Also, the Dickinson VHF omni-directional radio
range and tactical air navigational aid (VORTAC) is no longer needed in
the description of the E-5 airspace and will be removed. Airspace
redesign is necessary for the safety and management of instrument
flight rules (IFR) operations at these airports.

DATES: Comments must be received on or before April 18, 2019.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2019-0033; Airspace Docket No. 19-AGL-3, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between

9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Witucki, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace at Dickinson-Theodore Roosevelt
Regional Airport, in support of standard instrument approach procedures
for IFR operations at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2019-0033;
Airspace Docket No. 19-AGL-3.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace-amendments/">http://www.faa.gov/air_traffic/publications/airspace-amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by amending Class E surface airspace to
within a 4.1-mile radius (reduced from 4.4 miles) of Dickinson-Theodore
Roosevelt Regional Airport, Dickinson, ND and removing the extension to
the southeast associated with the Dickinson non-directional radio
beacon. Also, propose amending Class E airspace extending upward from
700 feet above the surface within a 6.6-mile radius (reduced from 8.3
miles) of the Dickinson-Theodore Roosevelt Regional Airport and
removing the extension to the southeast associated with the Dickinson
non-directional radio beacon. This action would enhance safety and the
management of IFR operations at the airport. Also, the airport name and
geographic coordinates would be adjusted to coincide with the FAA's
aeronautical database. The Dickenson VORTAC is no longer needed to
describe the airspace and will be removed.
    Class E airspace designations are published in paragraphs 6002 and
6005 of FAA Order 7400.11C, dated August 13, 2018, and effective
September 15, 2018, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designation listed in this document will be
published subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas

AGL ND E2 Dickinson, ND [Amended]

Dickinson-Theodore Roosevelt Regional Airport, ND
    (Lat. 46[deg]47'50'' N, long. 102[deg]48'07'' W)

    Within a 4.1-mile radius of the Dickinson-Theodore Roosevelt
Regional Airport.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth

* * * * *

AGL ND E5 Dickinson, ND [Amended]

Dickinson-Theodore Roosevelt Regional Airport, ND
    (Lat. 46[deg]47'50'' N, long 102[deg]48'07'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the Dickinson-Theodore Roosevelt
Regional Airport.

    Issued in Fort Worth, Texas, on February 25, 2019.
John Witucki,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-03727 Filed 3-1-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Notices]
[Page 83831]
[FR Doc No: 2016-28105]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC17-33-000.
    Applicants: Solar Star California XLI, LLC, Golden Fields Solar I,
LLC, NES Rosamond 1S, LLC, NES Rosamond 2T, LLC.
    Description: Joint Application for Authorization for Disposition of
Jurisdictional Facilities and Requests for Waivers, Confidential
Treatment, and Expedited Action of Solar Star California XLI, LLC, et
al.
    Filed Date: 11/15/16.
    Accession Number: 20161115-5178.
    Comments Due: 5 p.m. ET 12/6/16.

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

    Docket Numbers: ER17-355-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Filing of a CIAC with
Norhtern States Power Company to be effective 1/16/2017.
    Filed Date: 11/15/16.
    Accession Number: 20161115-5144.
    Comments Due: 5 p.m. ET 12/6/16.

    Docket Numbers: ER17-356-000.
    Applicants: MPower Energy NJ LLC.
    Description: Baseline eTariff Filing: MPOWER ENERGY NJ LLC to be
effective 12/16/2016.
    Filed Date: 11/16/16.
    Accession Number: 20161116-5001.
    Comments Due: 5 p.m. ET 12/7/16.

    Docket Numbers: ER17-357-000.
    Applicants: MPower Energy.
    Description: Baseline eTariff Filing: MPOWER ENERGY LLC to be
effective 12/16/2016.
    Filed Date: 11/16/16.
    Accession Number: 20161116-5002.
    Comments Due: 5 p.m. ET 12/7/16.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF16-904-000.
    Applicants: HMV Minster LLC.
    Description: Refund Report of HMV Minster LLC.
    Filed Date: 11/15/16.
    Accession Number: 20161115-5174.
    Comments Due: 5 p.m. ET 12/6/16.

    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 16, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-28105 Filed 11-21-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: January 25, 2010 (Volume 75, Number 15)]
[Proposed Rules]
[Page 3878-3879]
[DOCID:fr25ja10-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0925; Airspace Docket No. 09-ASW-25]

Proposed Amendment of Class E Airspace; Lampasas, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace and the
geographic coordinates at Lampasas Airport, Lampasas, TX. Additional
controlled airspace is necessary to accommodate new Standard Instrument
Approach Procedures (SIAPs) at Lampasas Airport. The FAA is taking this
action to enhance the safety and management of Instrument Flight Rules
(IFR) operations at the airport.

DATES: Comments must be received on or before March 11, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2009-0925/Airspace Docket No. 09-
ASW-25, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to

Docket No. FAA-2009-0925/Airspace Docket No. 09-ASW-25.'' The postcard
will be date/time stamped and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRMs
should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by adding additional Class E airspace extending
upward from 700 feet above the surface for SIAPs operations at Lampasas
Airport, Lampasas, TX. Adjustment to the geographic coordinates also
would be made in accordance with the FAAs National Aeronautical
Charting Office. Controlled airspace is needed for the safety and
management of IFR operations at the airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9T, dated August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would add additional controlled airspace at Lampasas Airport,
Lampasas, TX.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASW TX E5 Lampasas, TX [Amended]

Lampasas Airport, TX
    (Lat. 31[deg]06'22'' N., long. 98[deg]11'45'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Lampasas Airport, and within 4 miles
each side of the 171[deg] bearing from the airport extending from
the 6.4-mile radius to 11.9 miles south of the airport.
* * * * *

    Issued in Fort Worth, TX, on January 11, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-1363 Filed 1-22-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 32 (Thursday, February 16, 2012)]
[Notices]
[Pages 9225-9226]
[FR Doc No: 2012-3655]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-56-010; Docket No. EL07-58-010]

Allegheny Electric Cooperative, Inc., et al. v. PJM
Interconnection, L.L.C.; Organization of PJM States, Inc., et al. v.
PJM Interconnection, L.L.C.; Notice of Filing

    Take notice that on February 8, 2012, the New Jersey Board of
Public Utilities filed a Confidentiality Certification as required by
section 18.17.4 of the Amended and Restated Operating Agreement of PJM
Interconnection, L.L.C. and the Federal Energy Regulatory Commission's
Order, Organization of PJM States, Inc. v. PJM Interconnection, L.L.C.,
122 FERC ] 61,257 (2008).
    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,
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 on or
before the comment date. Anyone filing a motion to intervene or protest
must serve a copy of that document on the Applicant and all the parties
in this proceeding.
    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 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>.
    Comment Date: 5 p.m. Eastern Time on February 29, 2012.

    Dated: February 9, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-3655 Filed 2-15-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 159 (Thursday, August 16, 2012)]
[Rules and Regulations]
[Pages 49384-49385]
[FR Doc No: 2012-20233]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 385

FMCSA Policy on the Timeliness of New Entrant Corrective Action
Submissions

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of policy.

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

SUMMARY: FMCSA provides notice of the Agency's policy that it must
receive a new entrant motor carrier's evidence of corrective action
within 15 days of the date of a new entrant safety audit failure notice
or within 10 days of the date of an expedited action notice. A new
entrant motor carrier that does not submit evidence of corrective
action within these time periods could have its registration revoked
and be placed out of service.

DATES: This decision became effective on July 20, 2012 for expedited
action notices and will become effective on August 20, 2012 for safety
audit failure notices.

FOR FURTHER INFORMATION CONTACT: Thomas Kelly, Office of Enforcement
and Program Delivery, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590,<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    FMCSA's New Entrant Safety Assurance Program, 49 CFR Part 385,
subpart D, applies to new entrant motor carriers domiciled in the
United States and Canada. FMCSA published an interim final rule on May
13, 2002 (67 FR 31978), establishing the safety audit process for new
entrant motor carriers. In order to improve the effectiveness of the
program, FMCSA published a Final Rule on December 16, 2008 (73 FR
76472), amending the regulations to raise the standard of compliance
for passing the new entrant safety audit. Appendix A to 49 CFR part 385
explains the safety audit evaluation criteria. In addition, there are
sixteen regulations that FMCSA has identified as essential elements of
basic safety management controls necessary to operating in interstate
commerce. A violation of any one of these sixteen regulations will
result in automatic failure of the new entrant safety audit (49 CFR
385.321(b)). A new entrant must successfully comply with the Appendix A
criteria and have no violations of the sixteen automatic failure
regulation in order to pass the safety audit (49 CFR 385.321(a)).
    A new entrant motor carrier that fails the safety audit must
provide evidence demonstrating corrective action for all violations
contributing to the carrier's failure. Except for certain passenger
carriers and hazardous materials carriers which must take corrective
action within 45 days, new entrants must take corrective action within
60 days (49 CFR 385.319(c)). If the new entrant fails to submit timely
evidence of corrective action that is acceptable to FMCSA, its new
entrant registration will be revoked and its interstate motor carrier

operations ordered out of service (49 CFR 385.325(b)).
    In addition, a new entrant that commits certain violations listed
at 49 CFR 385.308(a) may be subject to an expedited action which may
include being subjected to an expedited safety audit or compliance
review, or being required to submit evidence demonstrating corrective
action (49 CFR 385.308). If the new entrant has already had a safety
audit or compliance review, FMCSA will send it a letter advising that
it must submit evidence of corrective action within 30 days (49 CFR
385.308(b)(2)). If the new entrant does not respond demonstrating
corrective action on the expedited actions within 30 days, its
registration will be revoked (49 CFR 385.308(d)).

Policy

    FMCSA must receive a new entrant motor carrier's corrective action
plan within 15 days of the date of a new entrant safety audit failure
notice or within 10 days of the date of an expedited action notice, in
order to ensure adequate time for review. Otherwise, the motor carrier
risks having its registration revoked and being placed out of service.
FMCSA has observed that a number of new entrant carriers have waited
until the end of the corrective action periods established in 49 CFR
385.308(b) and 385.319(c) to submit evidence of corrective action,
leaving Agency officials little to no time for review. However, Sec.
385.308 requires the carrier to submit evidence demonstrating
corrective action within 30 days. Similarly, Sec.  385.325(a) requires
the new entrant to submit evidence that is acceptable to FMCSA within
the specified corrective action period. If Agency officials do not have
sufficient time for review, the Agency cannot make a determination
within the appropriate time period as to whether evidence of corrective
action has been properly demonstrated, as required by Sec.  385.308, or
is acceptable, as required by Sec.  385.325(a).
    If FMCSA receives evidence of corrective action within 15 days of
the date of the new entrant safety audit failure notice or within 10
days of the date of the expedited action notice, Agency officials will
either review and make a decision on whether it is acceptable before
the end of the corrective action period or, in the case of new entrant
safety audit failures, grant an extension of time to complete the
review if the Agency determines that the motor carrier is making a good
faith effort to remedy deficiencies. The Agency will not grant an
extension in the case of an expedited action notice or for motor
carriers that transport passengers or hazardous materials, as defined
in 49 CFR 390.5.
    If FMCSA receives evidence of corrective action more than 15 days
after the date of the new entrant safety audit failure notice or more
than 10 days after the date of the expedited action notice, the Agency
will not guarantee that the evidence will be considered prior to the
expiration of the corrective action period. If the corrective action
period expires before the Agency makes a determination, the carrier's
registration will be revoked. If the Agency subsequently determines
that the corrective action plan is acceptable, the carrier's
registration will be immediately reinstated. However, if the Agency
subsequently determines that the corrective action plan is not
acceptable, the carrier will be required to wait the requisite 30 days
before reapplying for new entrant registration in accordance with 49
CFR 385.329.

    Issued on: August 8, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-20233 Filed 8-15-12; 8:45 am]
BILLING CODE P


 MEMORANDUM

DATE:07/31/2014 FROM: 		Laura Farris/EPA Region 8 TO:CLEAN Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602 SUBJECT:	Moffat County Commissioner Meeting held on 07/29/2014

SUMMARY:

On July 29, 2014, Shaun McGrath, EPA Region 8 Regional Administrator, and Callie Videtich, Acting Assistant Regional Administrator, met with Moffat County Commissioner, John Kinkaid, and Craig City Councilmember, Ray Beck, to discuss Region 8's participation in a meeting on the proposed Clean Power Plan for Existing Power Plants to be held by the County Commissioners in September in Craig, Colorado.  The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014. ATTENDEES: Shaun McGrath, EPA Region 8 Regional Administrator Callie Videtich, Acting Assistant Regional Administrator Moffat County Commissioner, John Kinkaid Craig City Councilmember, Ray Beck


[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Notices]
[Pages 62805-62806]
[FR Doc No: 2011-26237]

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

[EPA-HQ-OECA-2011-0207; FRL-9477-7]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Pesticide Active
Ingredient Production (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before November 10,
2011.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2011-0207, to: (1) EPA online using http://www.regulations.gov
(our preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail
to: EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
2822IT, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; and (2)
OMB at: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2223A, Environmental Protection Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 9, 2011 (76 FR 26900), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to both EPA and OMB within 30
days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2011-0207, which is available for public viewing
online at http://www.regulations.gov, or in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov to either submit or view public comments, access
the index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov.
    Title: NESHAP for Pesticide Active Ingredient Production (Renewal).
    ICR Numbers: EPA ICR Number 1807.05, OMB Control Number 2060-0370.
    ICR Status: This ICR is scheduled to expire on December 31, 2011.
Under OMB regulations, the Agency may

continue to conduct or sponsor the collection of information while this
submission is pending at OMB.
    Abstract: The National Emissions Standards for Hazardous Air
Pollutants (NESHAP) for Pesticide Active Ingredient Production were
proposed on November 10, 1997 (62 FR 60579), and promulgated on June
23, 1999, (64 FR 33550).
    Owners or operators of pesticide active ingredient (PAI) production
facilities to which this regulation applies must choose one of the
compliance options that are described in the rule or install and
monitor a specific control system that reduces hazardous air pollutant
(HAP) emissions to the compliance level. The respondents are subject to
sections of subpart A of 40 CFR part 63 relating to NESHAP. These
requirements include those associated with the applicability
determination; the notification that the facility is subject to the
rule; the notification of testing [control device performance test and
continuous monitoring system (CMS) performance evaluation]; the results
of performance testing and CMS performance evaluations; startup,
shutdown, and malfunction reports; semiannual or quarterly summary
reports, and/or excess emissions reports; and CMS performance reports.
In addition to the requirements of subpart A, many respondents are
required to submit pre-compliance plan and leak detection and repair
(LDAR) reports; and plants that wish to implement emissions averaging
provisions must submit an emission-averaging plan.
    Respondents electing to comply with the emission limit or emission
reduction requirements for process vents, storage tanks, or wastewater
must record the values of equipment operating parameters as specified
in 40 CFR 63.1367 of the rule.
    Owners or operators of PAI production facilities subject to the
rule must maintain a file of these measurements, and retain the file
for at least five years following the date of such measurements,
maintenance reports, and records. All reports are sent to the delegated
state or local authority. In the event that there is no such delegated
authority, the reports are sent directly to the EPA regional office.
This information is being collected to assure compliance with 40 CFR
part 63, subpart MMM, as authorized in section 112 and 114(a) of the
Clean Air Act. The required information consists of emissions data and
other information that have been determined to be private.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB Control Number. The OMB Control Number for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15, and are
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 57
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Pesticide active ingredient
production.
    Estimated Number of Respondents: 15.
    Frequency of Response: Initially, quarterly, and semiannually.
    Estimated Total Annual Hour Burden: 3,666.
    Estimated Total Annual Cost: $366,098, which includes $346,223 in
labor costs, no capital/startup costs, and $19,875 in operation and
maintenance (O&M) costs.
    Changes in the Estimates: The adjustment decrease in burden from
the most recently approved ICR is due to a more accurate estimate of
existing and anticipated new sources. After consulting with the EPA
Office of Air Quality Planning and Standards (OAQPS), and a number of
trade associations, our data indicates that there are approximately
fifteen sources subject to the rule, as compared with the active ICR
that shows eighty-eight sources. There are no new facilities expected
to be constructed over the next three years of this ICR. The decline in
the number of sources is due to: (1) Plant closures, including the cost
to retrofit aging facilities increased due to the down turn in the
economy; (2) corporate mergers; and (3) foreign competition. Therefore,
there is a net decrease in the burden to industry.
    Because there are no new sources with reporting requirements, no
capital/startup costs are incurred. The only cost that is incurred is
for the operation and maintenance (O&M) of the monitoring equipment,
which have decreased by $333,125 due to the decline in the number of
sources, as explained above.

    Dated: October 4, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-26237 Filed 10-7-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 134 (Thursday, July 12, 2012)]
[Notices]
[Page 41184]
[FR Doc No: 2012-16995]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-480-000]

Merit Energy Company; Notice of Petition for Declaratory Order

    Take notice that on June 27, 2012, Merit Energy Company (Merit),
under Rule 207(a)(2) of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR
385.207(a)(2)(2012) filed a Petition for Declaratory Order, requesting
the Commission declare that Merit's proposed pipeline, which will
consist of one new 4-mile segment and one existing 10-mile segment, is
a non-jurisdictional plant inlet pipeline, integrally and solely
related to the non-jurisdictional processing activity at the Painter
Plant.
    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, 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 on or before the comment date. On or
before the comment date, it is not necessary to 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 email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 27, 2012.

    Dated: July 5, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-16995 Filed 7-11-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Notices]
[Pages 21999-22001]
[FR Doc No: 2013-08608]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69337; File No. SR-ISE-2013-29]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend the Schedule of Fees

April 8, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 27, 2013, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The ISE proposes to amend its Schedule of Fees. The text of the
proposed rule change is available on the Exchange's Web site (http://www.ise.com), at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.

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

1. Purpose
    The purpose of this proposed rule change is to amend the manner in
which the fees for Crossing Orders \3\ and the Fee for Responses to
Crossing Orders \4\ is [sic] applied for regular and complex orders
traded on the Exchange. The fee for Crossing Orders and the fee for
Responses to Crossing Orders discussed below apply to both standard
options and Mini options traded on the Exchange. The Exchange's
Schedule of Fees has separate tables for fees and rebates applicable to
standard options and Mini Options. The Exchange notes that while the
discussion below notes the fees and rebates for standard options, the
fees and rebates for Mini Options, which are not discussed below, are
1/10th of the fees and rebates for standard options.\5\
---------------------------------------------------------------------------

    \3\ A Crossing Order is an order executed in the Exchange's
Facilitation Mechanism, Solicited Order Mechanism, Price Improvement
Mechanism (PIM) or submitted as a Qualified Contingent Cross order.
For purposes of the Schedule of Fees, orders executed in the Block
Order Mechanism are also considered Crossing Orders. See Preface,
ISE Schedule of Fees.
    \4\ ``Responses to Crossing Order'' (other than Regular Orders
in Non-Select Symbols) is any contra-side interest submitted after
the commencement of an auction in the Exchange's Facilitation
Mechanism, Solicited Order Mechanism, Block Order Mechanism or PIM.
``Responses to Crossing Order'' (for Regular Orders in Non-Select
Symbols) is any response message entered with respect to a specific
auction in the Exchange's Facilitation Mechanism, Solicited Order
Mechanism, Block Order Mechanism or PIM. See Preface, ISE Schedule
of Fees.
    \5\ See SR-ISE-2013-28 (not yet published).
---------------------------------------------------------------------------

    First, the Exchange currently charges a fee of $0.20 per contract
to Market Maker, Market Maker Plus, Non-ISE Market Maker, Firm
Proprietary/Broker-Dealer and Professional Customer orders (except for
Priority Customer, this fee is currently $0.00 per contract) for
regular Crossing Orders in the Select Symbols.
    The Exchange also currently charges a fee of $0.20 per contract
(for largest leg only) to Market Maker, Non-ISE Market Maker, Firm
Proprietary/Broker-Dealer and Professional Customer orders (except for
Priority Customer, this fee is currently $0.00 per contract) for
complex Crossing Orders in all symbols.
    As an incentive to attract crossing orders for execution in the
Exchange's various auction mechanisms, the Exchange currently provides
a per contract rebate. This rebate is provided to those contracts that
do not trade with the contra order in the Exchange's Facilitation
Mechanism, Price Improvement Mechanism and Solicited Order Mechanism.
This rebate currently applies to regular and complex orders in the
Select Symbols. For the Facilitation and Solicited Order Mechanisms,
the rebate is currently $0.15 per contract. For the Price Improvement
Mechanism, the rebate is currently $0.25 per contract. The Exchange
does not currently charge an execution fee for contracts that receive
the rebate.
    The Exchange now proposes to apply the existing crossing order fees
for the full size of a crossing order, regardless if a portion of the
order also receives a rebate. For example, assume a member enters a
facilitation order for 1000 contracts; a market maker responds and
trades 200 contracts; and the remaining 800 contracts are traded by the
member that entered the order. Currently, the member that entered the
order is charged a crossing fee for the 800 contracts it executed and
receives a rebate for the 200 contracts that were executed by the
market maker. Under this proposed rule change, the member that entered
the order will be charged an

execution fee for the full size of the order (1000 contracts) and
receive a rebate for any portion of the order it did not execute (200
contracts).
    Second, the Exchange currently charges a Fee for Responses to
Crossing Orders for regular orders in Non-Select Symbols, as follows:
(i) $0.20 per contract to Market Maker (for orders sent by Electronic
Access Members), Firm Proprietary/Broker-Dealer, Professional Customer,
Priority Customer and Priority Customer (Singly Listed Symbols) orders;
(ii) $0.45 per contract for Non-ISE Market Maker orders; and (iii)
$0.18 per contract for Market Maker orders. This fee was adopted in
January 2007 and has always been applied to ``response messages''
entered with respect to a particular broadcast message, but not to
orders that are received on the limit order book after an auction
commences.\6\
---------------------------------------------------------------------------

    \6\ See Exchange Act Release No. 55060 (Jan. 8, 2007), 72 FR
2050 (Jan. 17, 2007) (SR-ISE-2006-72).
---------------------------------------------------------------------------

    The Exchange later adopted a similar response fee for Regular
Orders in Select Symbols,\7\ for complex orders in Select Symbols \8\
of $0.40 per contract, and for complex orders in Non-Select Symbols \9\
for responses to special orders,\10\ but specified that a ``response''
is any contra-side interest submitted after the commencement of an
auction. Thus, the fees for Regular Orders in Select Symbols and all
complex orders are applied to both response messages and to orders
received on the limit order book after an auction commences, whereas
the fees for Regular Orders in Non-Select Symbols are applied to
response messages.
---------------------------------------------------------------------------

    \7\ See Exchange Act Release No. 63283 (Nov. 9, 2010), 75 FR
70059 (Nov. 16, 2010) (SR-ISE-2010-106).
    \8\ See Exchange Act Release No. 65550 (October 13, 2011), 76 FR
64984 (October 19, 2012 [sic]) (SR-ISE-2011-65). In this filing, the
Exchange also adopted a response fee for complex orders for symbols
that are in the Penny Pilot Program.
    \9\ See Exchange Act Release No. 66084 (January 3, 2012), 77 FR
1103 (January 9, 2012) (SR-ISE-2011-84). This fee has since
increased and is currently $0.82 per contract for Market Makers
($0.84 per contract for Non-ISE Market Maker, Firm Proprietary/
Broker-Dealer and Professional Customer orders, and $0.00 per
contract for Priority Customer orders). See Exchange Act Release No.
68627 (January 11, 2013), 78 FR 3934 (January 17, 2013) (SR-ISE-
2013-01).
    \10\ The term ``special order'' was changed to ``crossing
order'' when the Exchange re-formatted its Schedule of Fees. See
Exchange Act Release No. 67545 (July 31, 2012), 77 FR 46776 (August
6, 2012) (SR-ISE-2012-65).
---------------------------------------------------------------------------

    The distinction noted above is reflected in the Preface of the fee
schedule where ``Responses to Crossing Order'' (other than Regular
Orders in Non-Select Symbols) is defined as any contra-side interest
submitted after the commencement of an auction in the Exchange's
Facilitation Mechanism, Solicited Order Mechanism, Block Order
Mechanism or PIM, while ``Responses to Crossing Order'' (for Regular
Orders in Non-Select Symbols) is defined as any response message
entered with respect to a specific auction in the Exchange's
Facilitation Mechanism, Solicited Order Mechanism, Block Order
Mechanism or PIM.
    The Exchange now proposes to charge the Fee for Responses to
Crossing Orders in a consistent manner across all symbols. Accordingly,
the Exchange proposes to adopt a single definition that applies to
regular and complex orders in all symbols by removing the term
``Responses to Crossing Order'' (for Regular Orders in Non-Select
Symbols) entirely and renaming the term ``Responses to Crossing Order''
(other than Regular Orders in Non-Select Symbols) as simply ``Responses
to Crossing Order.'' The Exchange is not proposing any change to the
level of fees charged for responses to crossing orders; this proposed
rule change only amends the manner in which the current fee is applied.
    The Exchange has designated this proposed rule change to be
operative on April 1, 2013.
2. Basis
    The Exchange believes that its proposal to amend its Schedule of
Fees is consistent with Section 6(b) of the Securities and [sic]
Exchange Act of 1934 (the ``Exchange Act'') \11\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \12\ in
particular, in that it is an equitable allocation of reasonable dues,
fees and other charges among Exchange members and other persons using
its facilities.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes it is reasonable and equitable to charge the
existing crossing order fees to the full size of a crossing order to
recoup some of its costs of providing rebates to crossing orders and
will result in a more equitable distribution among market participants
of the costs associated with crossing orders. The Exchange believes the
proposed fee to charge the existing crossing order fees to the full
size of a crossing order is not unfairly discriminatory because the fee
would apply uniformly to all categories of participants in the same
manner. All market participants who execute crossing orders would be
uniformly subject to these fees and all market participants whose
orders are broken-up will continue to receive the break-up rebate at
current levels.
    The Exchange believes that its proposal to modify the application
of the Fee for Responses to Crossing Orders in the Non-Select Symbols
is both reasonable and equitable because the Exchange already applies
this fee to the Select Symbols in the manner in which it proposes to
apply to the Non-Select Symbols. With this proposed rule change, this
fee will now be applied in a consistent manner across all symbols. The
Exchange believes its proposal to uniformly apply the Fee for Responses
to Crossing Order across all symbols is not unfairly discriminatory
because the fee would apply uniformly to all categories of participants
in the same manner. All market participants that submit a contra-side
interest after the commencement of an auction in the Exchange's various
auction mechanisms would be uniformly subject to these fees.

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

    ISE 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. This proposed rule change,
which proposes to apply fees to a full size of a crossing order and
which proposes to apply an existing fee uniformly across all symbols,
does not impose any burden on competition. With this proposed rule
change, market participants that trade on the Exchange will be subject
to fees for the full size of a crossing order and will continue to
receive the rebate for the portion of the order that was not previously
charged a fee. With this proposed rule change, market participants that
respond to crossing orders will be subject to fees that are already in
place on the Exchange. Therefore, this proposed rule change does not
impose any additional burden on competition that is not necessary or
appropriate in furthering the purposes of the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \13\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\14\ because it establishes a due, fee, or other charge
imposed by ISE.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2013-29 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2013-29. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the ISE. 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-ISE-2013-29 and should be
submitted on or before May 3, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-08608 Filed 4-11-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 226 (Friday, November 23, 2012)]
[Notices]
[Pages 70195-70196]
[FR Doc No: 2012-28352]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68243; File No. SR-NYSE-2012-62]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending NYSE Rule 123C To Add New Supplementary Material .40 To
Clarify That All Times Specified in Rule 123C Are Adjusted When the
Scheduled Close of Trading Is Before 4:00 p.m.

November 15, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 6, 2012, New York Stock Exchange LLC (the ``Exchange''
or ``NYSE'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Item I below,
which Item has been prepared by the Exchange. The Exchange filed the
proposal as a ``non-controversial'' proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6)
thereunder.\4\ The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend NYSE Rule 123C to add new
Supplementary Material .40 to clarify that all times specified in Rule
123C are adjusted when the scheduled close of trading is before 4:00
p.m. The text of the proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend Rule 123C to add new Supplementary
Material .40 to clarify that all times specified in Rule 123C are
adjusted when the scheduled close of trading is before 4:00 p.m.\5\
---------------------------------------------------------------------------

    \5\ The Exchange notes that parallel changes are proposed to be
made to the rules of NYSE MKT LLC. See SR-NYSEMKT-2012-63.
---------------------------------------------------------------------------

    Pursuant to Rule 51, except as may be otherwise determined by the
Board of Directors as to particular days, the Exchange shall be open
for the transaction of business on every business day for a 9:30 a.m.
to 4:00 p.m. trading session. Each year, the Exchange announces which
trading days shall have an early scheduled close. For example, for the
years 2012, 2013, and 2014, the Exchange has announced an early
scheduled close of 1:00 p.m. for the day after Thanksgiving, on
December 24, and on July 3.\6\
---------------------------------------------------------------------------

    \6\ See http://usequities.nyx.com/markets/holidays-and-hours/nyse.
---------------------------------------------------------------------------

    Rule 123C specifies a number of times that are keyed off of the
4:00 p.m. closing time. For example, Rule 123C(1)(b) defines an
Informational Imbalance Publication that is disseminated between 3:00
p.m. and 3:45 p.m.; Rule 123C(2) discusses order entry for MOC, LOC,
and CO Orders before and after 3:45 p.m. However, these sections of the
rule do not specify what happens in the case of an early scheduled
close. Some subsections of Rule 123C specify what time is applicable
when there is an early scheduled close. For example, Rule 123C(6)(a)(v)
specifies that on any day that the scheduled close of trading on the
Exchange is earlier than 4:00 p.m., the dissemination of Order
Imbalance Information prior to the closing transaction will commence
approximately 15 minutes before the scheduled close of trading.
    The Exchange notes that even if not specified, all times in Rule
123C are adjusted when there is an early scheduled close. Accordingly,
the Exchange proposes to add new Supplementary Material .40 to Rule
123C to clarify that if not otherwise specified, when the scheduled
close of trading is before 4:00 p.m., the times specified in the Rule
shall be adjusted based on the early scheduled closing

time and references to 4:00 p.m. shall mean the early scheduled close,
3:00 p.m. shall mean one hour before the early scheduled close, 3:45
p.m. shall mean 15 minutes before the early scheduled close, 3:55 p.m.
shall mean five minutes before the early scheduled close, and 3:58 p.m.
shall mean two minutes before the early scheduled close.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b)\7\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5),\8\ in particular, in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, 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, and it is not designed to
permit unfair discrimination among customers, brokers, or dealers. In
particular, the Exchange believes that adding new Supplementary
Material .40 to clarify that all times specified in Rule 123C are
adjusted in the case of an early scheduled close removes impediments to
and perfects the mechanism of a free and open market and national
market system because it provides transparency in Exchange rules of how
times are adjusted in Rule 123C in the case of an early scheduled
close.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule does not (i) significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest, provided that the self-regulatory
organization has given the Commission written notice of its intent to
file the proposed rule change at least five business days prior to the
date of filing of the proposed rule change or such shorter time as
designated by the Commission, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    The Exchange asked the Commission to waive the 30-day operative
delay period for non-controversial proposed rule changes to allow the
proposed rule change to be operative upon filing.\11\
---------------------------------------------------------------------------

    \11\ As required under Rule 19b-4(f)(6)(iii), the Exchange
provided the Commission with written notice of its intent to file
the proposed rule change along with a brief description and the text
of the proposed rule change, at least five business days prior to
the date of filing of the proposed rule change, or such shorter time
as designated by the Commission.
---------------------------------------------------------------------------

    The Commission believes it is consistent with the public interest
to waive the 30-day operative delay. Waiver of the operative delay will
allow for the implementation of the amended rules prior to the next
early scheduled close, November 23, 2012, which is the day after
Thanksgiving, thereby providing additional clarity in the rules and
reduce any potential confusion regarding how the times specified in
Rule 123C are handled when there is an early scheduled close. The
Commission, therefore, grants such waiver and designates the proposal
operative upon filing.\12\
---------------------------------------------------------------------------

    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2012-62 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2012-62. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2012-62 and should be
submitted on or before December 14, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-28352 Filed 11-21-12; 8:45 am]
BILLING CODE 8011-01-P