[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Notices]
[Pages 51251-51254]
[FR Doc No: 2013-20191]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70193; File No. SR-NYSE-2013-56]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Changes to the
Price List

August 14, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on July 31, 2013, New York Stock Exchange LLC (the ``Exchange''
or ``NYSE'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Price List to (i) add a new
credit for agency cross trades, (ii) revise the fees for executions at
the close, (iii) revise the fees for market at-the-close (``MOC'') and
limit at-the-close (``LOC'') orders, (iv) revise the fees for Floor
broker Discretionary e-Quotes (``d-Quotes''), and (v) revise the fees
for certain other Floor broker transactions. The Exchange proposes to
implement the fee changes effective August 1, 2013. 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Price List to (i) add a new
credit for agency cross trades, (ii) revise the fees for executions at
the close, (iii) revise the fees for MOC and LOC orders, (iv) revise
the fees for d-Quotes, and (v) revise the fees for certain other Floor
broker transactions. The proposed transaction fee changes described
below apply to transactions in stocks with a per share stock price of
$1.00 or more. The Exchange proposes to implement the fee changes
effective August 1, 2013.
Agency Cross Trades
    Currently, the Exchange does not charge member organizations a fee
for agency cross trades (i.e., a trade where a member organization has
customer orders to buy and sell an equivalent amount of the same
security). The Exchange proposes to offer a per share credit per
transaction of $0.0003, which will be credited to both sides of the
transaction.
Executions at the Close
    Currently, the Exchange does not charge member organizations a fee
for (i) executions at the close (except MOC and LOC orders) or (ii)
Floor broker executions swept into the close. The Exchange proposes
that if a member organization executes an average daily trading volume
(``ADV'') on the Exchange during the billing month of at least
1,000,000 shares in (i) executions at the close (except MOC and LOC
orders), and/or (ii) Floor broker executions swept into the close, then
the Exchange will charge such member organization $0.0001 per share per
transaction (charged to both sides).\3\ Such executions will continue
to be free of charge if the member organization

executes an ADV on the Exchange during the billing month of fewer than
1,000,000 shares.
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    \3\ For example, a fee would be charged if a member organization
executed an ADV on the Exchange during the billing month of (1)
1,000,000 shares in executions at the close (excluding MOC and LOC
orders), but had no Floor broker executions swept into the close;
(2) 1,000,000 shares in Floor broker executions swept into the
close, but had no other closing executions; or (3) 500,000 shares in
executions at the close (excluding MOC and LOC orders) and 500,000
shares in Floor broker executions swept into the close.
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MOC and LOC Orders
    Currently, the Exchange charges $0.00095 per share per transaction
(charged to both sides) for all MOC and LOC orders unless a member
organization meets a specified consolidated ADV in NYSE-listed
securities during the billing month (``NYSE CADV''). Specifically, if a
member organization executes an ADV of MOC and LOC activity on the
Exchange in that month of at least 0.375% of NYSE CADV, then the
Exchange charges $0.00055 per share per transaction (charged to both
sides) for all MOC and LOC orders. The Exchange proposes to add an
additional fee tier for MOC and LOC orders. The Exchange proposes to
charge $0.00050 per share per transaction (charged to both sides) for
all MOC and LOC orders from any member organization executing an ADV of
MOC and LOC activity on the Exchange in the billing month of at least
0.575% of NYSE CADV.
Floor Broker d-Quotes
    Currently, the Exchange charges $0.0005 per share per transaction
for Floor broker d-Quotes that remove liquidity. The Exchange proposes
to add an additional pricing tier for Floor broker d-Quotes.
Specifically, the Exchange proposes to charge $0.0010 per share per
transaction for all Floor broker d-Quotes that remove liquidity from
any member organization executing an ADV of at least 500,000 shares in
d-Quotes that remove liquidity from the Exchange in that month.
Other Floor Broker Transactions
    Currently, Floor broker transactions (i.e. when taking liquidity
from the Exchange) that are not otherwise specified in the Price List
are charged $0.0024 per share per transaction. The Exchange proposes to
lower this fee to $0.0022 per share per transaction. For Floor brokers
that execute an ADV in such Floor broker transactions that is at least
10% more than their May 2013 ADV for such Floor broker transactions,
the Floor broker transaction charge will be $0.0020 per share per
transaction.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\5\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed credit for agency cross
trades is reasonable because such trades are typically large block
orders, and providing a credit will encourage their submission to a
public exchange, thereby promoting price discovery and transparency.
The Exchange believes that the proposed credit is equitable and not
unfairly discriminatory because all member organizations that engage in
agency trading will be eligible to receive the credit, and all market
participants will benefit from the price discovery and transparency
provided for large block orders.
    The Exchange believes that offering a new, lower fee tier for
member organizations that execute a higher NYSE CADV of MOC and LOC
orders is reasonable because it will incent member organizations to
provide higher volumes of MOC and LOC orders, and higher volumes of MOC
and LOC orders will contribute to the quality of the Exchange's closing
auction and provide market participants whose orders are swept into the
close with a greater opportunity for execution. The Exchange believes
that the proposed tier is equitable and not unfairly discriminatory
because all member organizations will be subject to the same fee
structure, which will automatically adjust based on prevailing market
conditions. The Exchange believes that it is equitable and not unfairly
discriminatory to charge a lower fee to member organizations that make
significant contributions to market quality by providing higher volumes
of liquidity, which benefit all market participants.
    The Exchange believes that it is reasonable to charge a fee of
$0.0001 for executions at the close (other than MOC and LOC orders) and
Floor broker executions swept into the close if a member organization
executes an ADV of at least 1,000,000 such executions on a combined
basis. The Exchange's closing auction is a recognized industry
benchmark,\6\ and member organizations receive a substantial benefit
from the Exchange in obtaining an ADV of 1,000,000 or more such
executions at the Exchange's closing price on a daily basis. In that
respect, this fee increase is designed in part to offset the reduction
in the Exchange's revenues from the fee reduction described in the
preceding paragraph. The Exchange also believes that the proposed fee
is equitable and not unfairly discriminatory. While member
organizations that reach the threshold of an ADV of at least 1,000,000
combined executions are generally larger member organizations that are
deriving a substantial benefit from this high volume of executions, the
Exchange must nonetheless encourage liquidity from multiple sources.
Allowing member organizations with lower execution volumes to continue
to obtain executions at the close at no charge will encourage them to
continue to send orders to the Exchange for the closing auction. The
Exchange believes that the threshold it has selected will continue to
incent order flow from multiple sources and help maintain the quality
of the Exchange's closing auctions, which benefits all market
participants.
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    \6\ For example, the pricing and valuation of certain indices,
funds, and derivative products require primary market prints.
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    The Exchange believes that the proposed d-Quote rate of $0.0010 per
share for Floor brokers executing an ADV of at least 500,000 d-Quotes
that remove liquidity from the Exchange is reasonable because a
substantial benefit is derived from obtaining executions for such a
high volume of d-Quotes. The Exchange believes that the proposed tier
is equitable and not unfairly discriminatory. While Floor brokers that
reach the threshold of an ADV of at least 500,000 combined executions
are generally larger member organizations that are deriving a
substantial benefit from this high volume of executions, the Exchange
must nonetheless encourage liquidity from multiple sources. Allowing
Floor brokers with lower execution volumes to continue to use d-Quotes
to remove liquidity at the lower fee of $0.0005 will continue to incent
order flow from multiple sources and help maintain the quality of order
execution on the Exchange, which benefits all market participants. The
Exchange further believes it is reasonable to continue to maintain d-
Quote take rates that are lower than the take rate that applies to
Floor broker transactions not otherwise specified on the Price List
(i.e., the proposed $.0022 and $0.0020 per share rates) because d-
Quotes in particular encourage additional liquidity during the trading
day and incent Floor brokers to provide additional intra-quote price
improved trading, which contribute to the overall quality of the
Exchange's market.
    The Exchange believes that it is reasonable to lower the fees for
Floor

broker transactions that take liquidity but are not otherwise specified
in the Price List in light of the two proposed increases in other Floor
broker fees. The Exchange also believes it is equitable and not
unfairly discriminatory to continue to charge Floor brokers that take
liquidity lower fees ($0.0022 or $0.0020 per share) than non-Floor
brokers that take liquidity (which pay $0.0025 per share) because Floor
brokers have slower access to the Exchange (via handheld technology)
than non-Floor brokers and are prohibited from routing directly to
other market centers from handheld devices, which prevents them from
accessing any associated pricing opportunities that might exist at
those away markets.
    The Exchange believes that the lower Floor broker take liquidity
fee of $0.0020 for take liquidity over the proposed 10% threshold is
reasonable because it is designed to strike a balance in the fees and
incentives offered by the Exchange for taking and providing liquidity.
The Exchange believes that it is reasonable to use May 2013 as the
threshold date because that is the last month without exceptional
market activity, such as an index rebalancing. Moreover, customer
orders that take liquidity encourage liquidity providers to post in the
expectation of having their own orders filled. Accordingly, the
Exchange believes that it is equitable and not unfairly discriminatory
to use pricing incentives, such as a reduced fee for taking liquidity,
to encourage Floor brokers to increase their participation in the
market by submitting their customers' liquidity taking orders to the
Exchange.
    Finally, the Exchange believes that it is subject to significant
competitive forces in setting its fees and credits, as described below
in the Exchange's statement regarding the burden on competition. For
these reasons, the Exchange believes that the proposal is consistent
with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\7\ 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.
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    \7\ 15 U.S.C. 78f(b)(8).
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    Specifically, the Exchange believes the proposed credit for agency
cross trades will provide an alternative to reporting them to FINRA's
trade reporting facility and allow the Exchange to more effectively
compete for market share. The proposed new fee for executions at the
close and Floor broker executions swept into the close will only apply
to member organizations that obtain high volumes of executions at the
close on a daily basis; to date, such executions have been free, and
the Exchange does not believe competition will be burdened by
instituting a small fee for members that are obtaining a substantial
benefit from these executions. Similarly, the Exchange does not believe
that Floor brokers that are removing higher volumes of liquidity via d-
Quotes from the Exchange would be burdened by paying a higher fee for
such executions. The increases in these Floor broker fees in turn will
be offset by the fee reductions for all other Floor broker transactions
that take liquidity that are not otherwise specified in the Price List.
The additional pricing tier for MOC and LOC orders reflect the need for
the Exchange to adjust financial incentives to attract order flow.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues if they
deem fee levels at a particular venue to be excessive or rebate
opportunities available at other venues to be more favorable. In such
an environment, the Exchange must continually adjust its fees and
rebates to remain competitive with other exchanges and with alternative
trading systems that have been exempted from compliance with the
statutory standards applicable to exchanges. Because competitors are
free to modify their own fees and credits in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited. As a
result of all of these considerations, the Exchange does not believe
that the proposed changes will impair the ability of member
organizations or competing order execution venues to maintain their
competitive standing in the financial markets.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
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    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 under
Section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \10\ 15 U.S.C. 78s(b)(2)(B).
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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-2013-56 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-2013-56. 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
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2013-56 and should be submitted on or before
September 10, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-20191 Filed 8-19-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40909-40910]
[FR Doc No: 2015-17064]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0082; FRL-9929-64-Region 9]

Revisions to the California SIP, Ventura & Eastern Kern Air
Pollution Control Districts; Permit Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Ventura County Air Pollution Control
District (VCAPCD) and Eastern Kern Air Pollution Control District
(EKAPCD) portions of the California State Implementation Plan (SIP).
These revisions clarify, update, and revise exemptions from New Source
Review (NSR) permitting requirements, for various air pollution
sources.

DATES: This rule will be effective on August 13, 2015.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2015-0082 for
this action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location
(e.g., confidential business information (CBI)). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Lawrence Maurin, EPA Region IX, (415)
972-3943<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On April 14, 2015 (80 FR 19932), EPA proposed to approve the
following rules into the California SIP. Table 1 lists the rules
addressed by this proposal, including the dates they were revised by
the local air agency and submitted by the California Air Resources
Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
             Local agency                  Rule No.            Rule title          Revision date  Submittal date
----------------------------------------------------------------------------------------------------------------
VCAPCD................................              23  Exemptions from Permit..        11/12/13        05/13/14
EKAPCD................................             202  Permit Exemptions.......        01/13/11        06/21/11
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they
complied with the relevant Clean Air Act (CAA) requirements. Our
proposed action contains more information on the rules and our
evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in Section
110(k)(3) of the Act, EPA is fully approving these rules into the
California SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Ventura County Air Pollution Control District and Eastern Kern Air
Pollution Control District rules described in the amendments to 40 CFR
part 52 set forth below. The EPA has made, and will continue to make,
these documents available electronically through www.regulations.gov
and in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 14, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 16, 2015.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52--Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS.

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(391) (i)(A)(2) and
(c)(441)(i)(C)(3) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (391) * * *
    (i) * * *
    (A) * * *
    (2) Rule 202, ``Permit Exemptions,'' amended on January 13, 2011.
* * * * *
    (441) * * *
    (i) * * *
    (C) * * *
    (3) Rule 23, ``Exemptions from Permit,'' revised on November 12,
2013.
* * * * *
[FR Doc. 2015-17064 Filed 7-13-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16408-16409]
[FR Doc No: 2011-6771]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice Announcing Preliminary Permit Drawing

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

------------------------------------------------------------------------
Lock+ Hydro Friends Fund XLV.....  Project No. 13741-000.
FFP Missouri 9, LLC..............  Project No. 13748-000.
Solia 8 Hydroelectric, LLC.......  Project No. 13771-000.
------------------------------------------------------------------------

    The Commission has received three preliminary permit applications
deemed filed on May 18, 2010, at 8:30 a.m.,\1\ for proposed projects to
be located at the Army Corps of Engineers' Point Marion Lock and Dam on
the Monongahela River, in Fayette and Greene Counties, Pennsylvania,
and Monongahela County, West Virginia. The applications were filed by
Lock+ Hydro Friends Fund XLV for Project No. 13741, FFP Missouri 9,
LLC, for Project No. 13748,

and Solia 8 Hydroelectric, LLC, for Project No. 13771.\2\
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    \1\ Under the Commission's Rules of Practice and Procedure, any
document received after regular business hours is considered filed
at 8:30 a.m. on the next regular business day. 18 CFR 385.2001(a)(2)
(2010).
    \2\ Point Marion Hydro, LLC, also filed a permit application to
study the same site for Project No. 13789, which is deemed filed on
May 19, 2010.
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    On March 24, 2011, at 10 a.m. (eastern time), the Secretary of the
Commission, or her designee, will conduct a random drawing to determine
the filing priority of the applicants identified in this notice. The
Commission will select among competing permit applications as provided
in section 4.37 of its regulations.\3\ The priority established by this
drawing will be used to determine which applicant, among those with
identical filing times, will be considered to have the first-filed
application.
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    \3\ 18 CFR 4.37 (2010).
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    The drawing is open to the public and will be held in room 2C, the
Commission Meeting Room, located at 888 First St., NE., Washington, DC
20426. A subsequent notice will be issued by the Secretary announcing
the results of the drawing.

    Dated: March 15, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-6771 Filed 3-22-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 11, 2005 (Volume 70, Number 195)]
[Notices]
[Page 59067-59068]
[DOCID:fr11oc05-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Amendment of License and Soliciting
Comments, Motions To Intervene, and Protests

October 4, 2005.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Capacity Amendment of License.
    b. Project No.: 7396-045.
    c. Date Filed: September 9, 2005.
    d. Applicant: The Incorporated County of Los Alamos.
    e. Name of Project: Abiquiu Hydroelectric Project.
    f. Location: The project is located on the Chama River, Rio Arriba
County, New Mexico.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Thomas L. Biggs, Department of Public
Utilities, Los Alamos County, 901 Trinity Drive, P.O. Drawer 1030, Los
Alamos, NM 87544,<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Mrs. Anumzziatta Purchiaroni at<PHONE_NUMBER>, or e-mail address:
<EMAIL_ADDRESS>
    j. Deadline for filing comments and or motions: November 7, 2005.
    k. Description of Request: The licensee filed an amendment
application to install a new low flow turbine generator unit, which
would be located within an addition of the existing powerhouse. The
project currently generates electricity using two generating units that
are able to utilize flows between 200-650 cfs each. The proposed low
flow unit will allow the project to operate during low flow winter
months when the existing generating units do not operate. New
construction would be limited to a small expansion of the existing
powerhouse and tailrace.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. Information about this filing
may also be viewed on the Commission's Web site at http://www.ferc.gov

using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. You may

http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of

new filings and issuances related to this or other pending projects.
For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. All documents (original and eight copies)
should be filed with: Magalie R. Salas, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington DC 20426. A
copy of any motion to intervene must also be served upon each
representative of the Applicant specified in the particular
application.
    p. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov

under the ``e-Filing'' link.

Magalie R. Salas,
Secretary.
[FR Doc. E5-5556 Filed 10-7-05; 8:45 am]

BILLING CODE 6717-01-P