[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Notices]
[Pages 64404-64406]
[FR Doc No: 2011-26859]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65542; File No. SR-EDGA-2011-32]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating To
Amendments to the EDGA Exchange, Inc. Fee Schedule

October 12, 2011.
    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 September 30, 2011, the EDGA Exchange, Inc. (the ``Exchange''
or the ``EDGA'') 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.
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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 fees and rebates applicable to
Members \3\ of the Exchange pursuant to EDGA Rule 15.1(a) and (c). All
of the changes described herein are applicable to EDGA Members. The
text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.directedge.com.
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    \3\ A Member is any registered broker or dealer, or any person
associated with a registered broker or dealer, that has been
admitted to membership in the Exchange.
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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

Purpose
    The Exchange proposes to decrease its rebate from $0.0005 per share
to $0.0004 per share for adding liquidity and increase its charge from
$0.0006 per share to $0.0007 per share for removing liquidity. In the
Exchange's fee schedule, these modifications are reflected in Flags B,
V, Y, 3 and 4, where liquidity is added, and Flags N, W and 6, where
liquidity is removed. The Exchange proposes to increase its charge for
customer internalization in Flag E from $0.0001 per share, per side, to
$0.00015 per share per side, to move in lockstep with the proposed
maker/taker fee spread of $0.0003.
    The Exchange proposes to add a new tier that provides if a Member,
on a daily basis, measured monthly, posts more than 1% of the Total
Consolidated Volume (``TCV'') in average daily volume, then the Member
will receive a rebate of $0.0005 per share, which is reflected in the
language in footnote 4. The Exchange proposes to add footnote 4 next to
Flags B, V, Y, 3 and 4 to clarify that these flags count towards the
tier.
    The Exchange proposes to add the RR Flag for orders that are routed
to the EDGX Exchange, Inc. (``EDGX'') and remove liquidity using
routing strategies IOCX and IOCT, as defined in Exchange Rules Exchange
Rules 11.9(b)(3)(l) and (m). The Exchange proposes to assess a charge
of $0.0029 per share to account for the pass-through of the proposed
EDGX fee for removing liquidity.

    The Exchange proposes to decrease the charge assessed for removing
liquidity for orders that are routed to the EDGX from $0.0030 per share
to $0.0029 per share to reflect the reduction in EDGX's fee for
removing liquidity. In the Exchange's fee schedule, this modification
is reflected in the I Flag.
    The Exchange proposes to eliminate the FIX (ECN Translator) \4\
logical port fee effective as of October 1, 2011, as the ECN Translator
is no longer being used by its Members and non-members.\5\
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    \4\ The ECN Translator allows a Member or non-member who
previously connected to Direct Edge's ECN to be re-directed
automatically to EDGA Exchange, Inc. It can only be accessed through
a FIX port.
    \5\ Members were notified on May 3, 2011 that the ECN Translator
ports would no longer be available as of August 1, 2011.
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    The Exchange also proposes to make technical amendments to the
membership fee table included in the fee schedule to eliminate the word
``proposed'' since these fees were effective on September 1, 2011 \6\
and add the word ``will'' to footnote 3.
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    \6\ See Securities Exchange Act Release No. 34-65188 (August 24,
2011), 76 FR 53988 (August 30, 2011) (SR-EDGA-2011-27).
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    The Exchange proposes to implement these amendments to its fee
schedule on October 1, 2011.
Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\7\ in general, and
furthers the objectives of Section 6(b)(4),\8\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other persons using its
facilities.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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    The Exchange's proposal to decrease its rebate from $0.0005 per
share to $0.0004 per share for adding liquidity and increase it charge
from $0.0006 to $0.0007 per share for removing liquidity is designed to
allow the Exchange to compete with other market centers. The Exchange
believes the proposed maker/taker fee spread of $0.0002 or $0.0003,
depending on if a tier is met (proposed footnote 4), is reasonable as
the proposed maker/taker spread is competitive with other market
centers maker/taker spreads (BATS BZX Exchange, 0-$0.0004 per share),
Nasdaq OMX PSX ($.0001-$.0003 per share), and Nasdaq BX ($0.0001-
$0.0013) [sic] per share). In addition, the Exchange proposes to
increase its charge for customer internalization in Flag E from $0.0001
per share, per side, to $0.00015 per share per side, to move in
lockstep with the proposed maker/taker fee spread of $0.0003. In
addition, the increased revenue to the Exchange from the rate increase/
decreased [sic] rebate would allow the Exchange to have additional
revenue to offset administrative and infrastructure costs. The Exchange
believes that the proposed rate is non-discriminatory in that it
applies uniformly to all Members.
    The Exchange's proposal to create a tier to provide an increased
rebate of $0.0005 per share if Members post more than 1% of the TCV in
average daily volume is designed to incentivize Members to route to
EDGA and thereby, increase volume on EDGA. Such increased volume
increases potential revenue to the Exchange, and would allow the
Exchange to spread its administrative and infrastructure costs over a
greater number of shares, leading to lower per share costs. These lower
per share costs would allow the Exchange to pass on the savings to
Members in the form of an increased rebate of $0.0005 per share. The
increased liquidity also benefits all investors by deepening EDGA's
liquidity pool, supporting the quality of price discovery, promoting
market transparency and improving investor protection. Volume-based
discounts such as the increase in rebate proposed herein have been
widely adopted in the cash equities markets and provide discounts that
are reasonably related to the value to an exchange's market quality
associated with higher levels of market activity, such as higher levels
of liquidity provision and introduction of higher volumes of orders
into the price and volume discovery processes. The Exchange believes
that the proposed increased rebate is non-discriminatory in that it
applies uniformly to all Members.
    The Exchange believes that the proposed charge associated with the
RR flag ($0.0029 per share) represents an equitable allocation of
reasonable dues, fees, and other charges since it reflects a pass
through of the proposed EDGX fee for removing liquidity of $0.0029 per
share. The RR Flag will only apply to orders incorporating routing
strategies IOCX or IOCT, which are the Exchange's only two routing
strategies that solely sweep EDGA and then route the balance of the
order to EDGX. The RR Flag differs from the I Flag because the RR Flag
is the result of two routing strategies that target EDGA, and the I
Flag is the result of multiple routing strategies that execute at EDGA
amongst other destinations. In addition, the Exchange believes the
resulting effect of the RR Flag is consistent with similar strategies
that solely target one other away exchange such as ROBA, ROBY and ROPA
(and also pass on the removal rate of those respective exchange),
pursuant to Exchange Rules 11.9(b)(3)(e), 11.9(b)(3)(g) and
11.9(b)(3)(k). EDGA believes that it is reasonable and equitable to
pass on these fees to its members. The Exchange believes that the
proposed charge is non-discriminatory in that it applies uniformly to
all Members.
    The Exchange believes that the proposed charge associated with the
I flag ($0.0029 per share) represents an equitable allocation of
reasonable dues, fees, and other charges since it reflects a pass
through of the proposed EDGX fee for removing liquidity of $0.0029 per
share. EDGA believes that it is reasonable and equitable to pass on
these fees to its members. The Exchange believes that the proposed
charge is non-discriminatory in that it applies uniformly to all
Members.
    The Exchange believes that the proposed elimination of the FIX (ECN
Translator) logical port fee represents an equitable allocation of
reasonable dues, fees, and other charges as the ECN Translator is no
longer used by any Members and therefore, its elimination will not
impact any Members. The proposed elimination of the fee also provides
more simplicity to the fee schedule.
    The Exchange also notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive. The proposed rule change reflects a competitive pricing
structure designed to incent market participants to direct their order
flow to the Exchange. The Exchange believes that the proposed rates are
equitable and non-discriminatory in that they apply uniformly to all
Members. The Exchange believes the fees and credits remain competitive
with those charged by other venues and therefore continue to be
reasonable and equitably allocated to Members.

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

    The proposed rule change does not 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

    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) [sic] of the Act \9\ and Rule 19b-4(f)(2) \10\ thereunder. 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.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 19b-4(f)(2).
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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 E-mail to<EMAIL_ADDRESS>Please include
File Number SR-EDGA-2011-32 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-EDGA-2011-32. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-EDGA-2011-32 and should be
submitted on or before November 8, 2011.

    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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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-26859 Filed 10-17-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 7, 2007 (Volume 72, Number 173)]
[Notices]
[Page 51437]
[DOCID:fr07se07-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Technical Conference

August 30, 2007.

Pinnacle West Capital Corporation (Docket Nos. ER00-2268-017, ER00-
2268-022, EL05-10-000, EL05-10-008)

Arizona Public Service Company (Docket Nos. ER99-4124-014, ER99-4124-
018, EL05-11-000, EL05-11-007)

Pinnacle West Energy Corporation (Docket Nos. ER00-3312-015, ER00-3312-
018, EL05-12-000, EL05-12-007)

APS Energy Services Company, Inc (Docket Nos. ER99-4122-017, ER99-4122-
022, EL05-13-000, EL05-13-007, EL07-82-000)

    Take notice that a technical conference will be held in the above-
referenced proceedings on Thursday, September 6, 2007 from 10:00 a.m.
to 1:00 p.m. in Room 10A-07, at the offices of the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The conference will address mitigation in the Phoenix Valley.
    All interested parties and staff are permitted to attend the
technical conference.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For further information please contact Marie Tansioco at (202) 502-
8846 or e-mail<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
 [FR Doc. E7-17657 Filed 9-6-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Proposed Rules]
[Pages 9243-9245]
[FR Doc No: 2018-04326]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1159; Airspace Docket No. 17-ASO-23]

Proposed Amendment of Class D and E Airspace; Jacksonville, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D airspace associated with
New River Marine Corps Air Station (MCAS), at Jacksonville, NC, by
establishing controlled airspace at Albert J. Ellis Airport. This
proposal would provide the controlled airspace required for the new air
traffic control tower at Albert J. Ellis Airport for the safety and
management of instrument flight rules (IFR) operations. This action
also would update the geographic coordinates of New River MCAS in Class
D and E airspace, replace the outdated term ``Airport/Facility
Directory'' with the term ``Chart Supplement'', and make an editorial
change to the airspace designation.

DATES: Comments must be received on or before April 19, 2018.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Bldg, Ground Floor, Rm. W12-140, Washington, DC 20590; Telephone: (202)
366-9826. You must identify the Docket Number FAA-2017-1159; Airspace
Docket No. 17-ASO-23, at the beginning of your comments. You may also
submit and review received comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed on line 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 7400.11B 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 Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; 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 proposed 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 establish Class D airspace at Albert J. Ellis
Airport, Jacksonville, NC, to support the new air traffic control tower
at the airport.

Comments Invited

    Interested persons are invited to comment on this rule 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 DOT Docket Operations (see ADDRESSES section for the
address and phone number.) You may also submit comments through the
internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2017-1159; Airspace Docket No. 17-ASO-23.'' 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. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. 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 from and
comments submitted through 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/.
    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 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 between 8:00 a.m. and
4:30 p.m., Monday through Friday, except Federal Holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, Georgia 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to amend Class D airspace associated with
New River MCAS, Jacksonville, NC. This proposal would establish Class D
airspace up to and including 2,600 feet MSL within a 4.2-mile radius of
Albert J. Ellis Airport, Jacksonville, NC, providing the controlled
airspace required for IFR operations supporting the new air traffic
control tower.
    The geographic coordinates of New River MCAS also would be adjusted
to coincide with the FAA's aeronautical database.
    Additionally, an editorial change would be made, removing the city
associated with New River MCAS, in the airspace designation for Class D
airspace and Class E airspace designated as an extension, to comply
with a recent change to FAA Order 7400.2L, Procedures for Handling
Airspace Matters, dated October 12, 2017.
    Finally, this action would make an editorial change in the legal
description for the classes above replacing ``Airport/Facility
Directory'' with ``Chart Supplement''.
    Class D and E airspace designations are published in Paragraphs
5000 and 6004, respectively, of FAA Order 7400.11B, dated August 3,
2017, and effective September 15, 2017, which is incorporated by
reference in 14 CFR 71.1. The Class D 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.
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,
will 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 would 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.

Lists 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

0
1. The authority citation for 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 Federal Aviation
Administration Order 7400.11B, Airspace Designations and Reporting
Points, dated August 3, 2017, and effective September 15, 2017, is
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO NC D Jacksonville, NC [Amended]

New River MCAS, NC
    (Lat. 34[deg]42'30'' N, long. 77[deg]26'23'' W)
Albert J. Ellis Airport, NC
    (Lat. 34[deg]49'45'' N, long. 77[deg]36'44'' W)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 5-mile radius of New River MCAS, and that
airspace extending upward from the surface to and including 2,600
feet MSL within a 4.2-mile radius of Albert J. Ellis Airport. This
Class D airspace area is effective during the specific days and
times established in advance by a Notice to Airmen. The effective
days and times will thereafter be continuously published in the
Chart Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.

* * * * *

ASO NC E4 Jacksonville, NC [Amended]

New River MCAS, NC
    (Lat. 34[deg]42'30'' N, long. 77[deg]26'23'' W)
New River TACAN
    (Lat. 34[deg]42'26'' N, long. 77[deg]26'25'' W)

    That airspace extending upward from the surface within 3.2 miles
each side of New River TACAN 239[deg] radial, extending from the 5-
mile radius of New River MCAS to 7 miles southwest of the TACAN.
This Class E airspace area is effective during the specific days and
times established in advance by a Notice to Airmen. The effective
days and times will thereafter be continuously published in the
Chart Supplement.

    Issued in College Park, Georgia, on February 23, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018-04326 Filed 3-2-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Notices]
[Page 41761]
[FR Doc No: 2019-17530]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Advisers Act Release No. 5317]

Notice of Intention To Cancel Registrations of Certain Investment
Advisers Pursuant to Section 203(h) of the Investment Advisers Act of
1940

August 12, 2019.
    Notice is given that the Securities and Exchange Commission (the
``Commission'') intends to issue an order or orders, pursuant to
section 203(h) of the Investment Advisers Act of 1940 (the ``Act''),
cancelling the registrations of the investment advisers whose names
appear in the attached Appendix, hereinafter referred to as the
``registrants.''
    Section 203(h) of the Act provides, in pertinent part, that if the
Commission finds that any person registered under section 203 of the
Act, or who has pending an application for registration filed under
that section, is no longer in existence, is not engaged in business as
an investment adviser, or is prohibited from registering as an
investment adviser under section 203A of the Act, the Commission shall
by order cancel the registration of such person.
    Each registrant listed in the attached Appendix has (a) not filed a
Form ADV amendment with the Commission as required by rule 204-1 under
the Act and appears to be no longer in business as an investment
adviser and/or (b) indicated on Form ADV that it is no longer eligible
to remain registered with the Commission as an investment adviser but
has not filed Form ADV-W to withdraw its registration. Accordingly, the
Commission believes that reasonable grounds exist for a finding that
these registrants are no longer in existence, are not engaged in
business as investment advisers, or are prohibited from registering as
investment advisers under section 203A of the Act, and that their
registrations should be cancelled pursuant to section 203(h) of the
Act.
    Notice is also given that any interested person may, by September
11, 2019, at 5:30 p.m., submit to the Commission in writing a request
for a hearing on the cancellation of the registration of any registrant
listed in the attached Appendix, accompanied by a statement as to the
nature of such person's interest, the reason for such person's request,
and the issues, if any, of fact or law proposed to be controverted. The
writer may request to be notified if the Commission should order a
hearing thereon. Any such communication should be addressed to the
Commission's Secretary at the address below.
    At any time after September 11, 2019, the Commission may issue an
order or orders cancelling the registrations of any or all of the
registrants listed in the attached Appendix, upon the basis of the
information stated above, unless an order or orders for a hearing on
the cancellation shall be issued upon request or upon the Commission's
own motion. Persons who requested a hearing, or who requested to be
advised as to whether a hearing is ordered, will receive any notices
and orders issued in this matter, including the date of the hearing (if
ordered) and any postponements thereof. Any registrant whose
registration is cancelled under delegated authority may appeal that
decision directly to the Commission in accordance with rules 430 and
431 of the Commission's Rules of Practice (17 CFR 201.430 and 431).

ADDRESSES:  The Commission: Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE, Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Alexis Palascak, Senior Counsel, at
202-551-6999; U.S. Securities and Exchange Commission, Division of
Investment Management, Office of Investment Adviser Regulation, 100 F
Street NE, Washington, DC 20549-8549.
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    \1\ 17 CFR 200.30-5(e)(2).

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.\1\
Jill M. Peterson,
Assistant Secretary.
    [Appendix follows.]

Appendix

------------------------------------------------------------------------
                  SEC No.                          Full legal name
------------------------------------------------------------------------
801-72892.................................  Harrington Capital
                                             Management, LLC.
801-108222................................  Pacific Point Advisors, LLC.
801-71350.................................  UrbanAmerica Advisors, LLC.
801-71377.................................  UrbanAmerica Principals,
                                             LLC.
801-71372.................................  UrbanAmerica Principals II,
                                             LLC.
801-71404.................................  UrbanAmerica Principals III,
                                             LLC.
------------------------------------------------------------------------

[FR Doc. 2019-17530 Filed 8-14-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Proposed Rules]
[Pages 64444-64445]
[FR Doc No: 2012-25890]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-1004; Airspace Docket No. 12-ANM-21]
RIN 2120-AA66

VOR Federal Airway V-595; Oregon

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify VHF omnidirectional range (VOR)
Federal airway V-595 in Oregon. The FAA is proposing this action to
redescribe the route due to the scheduled decommissioning of the
Portland, OR, VOR/DME facility which currently serves as an end point
for the route.

DATES: Comments must be received on or before December 6, 2012.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2012-
1004 and Airspace Docket No. 12-ANM-21 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and ATC
Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

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 (FAA Docket No.
FAA-2012-1004 and Airspace Docket No. 12-ANM-21) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2012-1004 and Airspace Docket No. 12-ANM-21.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. 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.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for 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 office of the Western Service Center, Operations
Support Group, Federal Aviation Administration, 1601 Lind Ave. SW.,
Renton, WA 98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to modify the description of VOR Federal
airway V-595. This action is necessary because the Portland, OR VOR/
DME, which serves as the northern endpoint of the route, is scheduled
to be decommissioned. The proposed change would remove that segment of
the route between the charted HARZL fix and the Portland VOR/DME.
    VOR Federal airways are published in paragraph 6010, of FAA Order
7400.9W dated August 8, 2012, and effective September 15, 2012, which
is incorporated by reference in 14 CFR 71.1. The VOR Federal airway
listed in this document would be subsequently published 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.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (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, 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 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 the
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 modifies the route structure as required to preserve the safe and
efficient flow of air traffic.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``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

    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
7400.9W, Airspace Designations and Reporting Points, Dated August 8,
2012 and effective September 15, 2012, is amended as follows:
* * * * *

Paragraph 6010 Domestic VOR Federal Airways.

V-595 [Amended]

    From Rogue Valley, OR; Deschutes, OR; to INT Deschutes
308[deg](T)/293[deg](M) and Newberg, OR, 085[deg](T)/070[deg](M)
radials.

    Issued in Washington, DC, on October 10, 2012.
Gary A. Norek,
Manager, Airspace Policy and ATC Procedures Group.
[FR Doc. 2012-25890 Filed 10-19-12; 8:45 am]
BILLING CODE 4910-13-P


                           SUPPORTING STATEMENT FOR
                           OMB CONTROL NO. 2050-0149

                   "RCRA EXPANDED PUBLIC PARTICIPATION"

                               TABLE OF CONTENTS

1.	IDENTIFICATION OF THE INFORMATION COLLECTION	4
1(a)	Title of the Information Collection	4
1(b)	Short Characterization	4
2.	NEED FOR AND USE OF THE COLLECTION	5
2(a)	Need/Authority for the Collection	5
2(b)	Practical Utility/Users of the Data	5
3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA	5
3(a)	Nonduplication	5
3(b)  	Public Notice	6
3(c)	Consultations	6
3(d)	Effects of Less Frequent Collection	6
3(e)	General Guidelines	6
3(f)	Confidentiality	6
3(g)	Sensitive Questions	6
4.	THE RESPONDENTS AND THE INFORMATION REQUESTED	7
4(a)	Respondents/NAICS Codes	7
4(b)	Information Requested	8
5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT	10
5(a)	Agency Activities	11
5(b)	Collection Methodology and Management	11
5(c)	Small Entity Flexibility	11
5(d)	Collection Schedule	12
6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION	12
6(a)	Estimating Respondent Hours	12
6(b)	Estimating Respondent Costs	12
Labor Costs	12
Capital/Start-Up Costs	13
6(c)	Estimating Agency Hour and Cost Burden	14
6(d)	Estimating the Respondent Universe and Total Hour and Cost Burden	16
6(e)	Bottom Line Hour and Cost Burden	17
6(f)	Reasons for Change in Burden	21
6(g)	Burden Statement	17

IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title of the Information Collection

      This Information Collection Request (ICR) is entitled "RCRA Expanded Public Participation (Renewal)," EPA ICR number 1688.10, OMB Control No. 2050-0149.

1(b)	Short Characterization

      The Resource Conservation and Recovery Act (RCRA) of 1976, as amended by the Hazardous and Solid Waste Amendments (HSWA) of 1984, requires EPA to establish a national regulatory program to ensure that hazardous wastes are managed in a manner protective of human health and the environment.  EPA has a statutory obligation, under Section 7004(b) of RCRA, to provide for, encourage, and assist public participation in the development, revision, implementation, and enforcement of any regulation, guideline, information, or program under the Act.  The regulations implementing these requirements are codified at 40 CFR Parts 124 and 270.

      EPA promulgated requirements for providing additional opportunities for the public to be involved in the RCRA permitting process at 40 CFR 124.31 through 124.33 and at 40 CFR 270.62 and 270.66.  The Part 124 requirements apply to all types of hazardous waste treatment, storage, and disposal facilities, unless exempted under a specific section; the Part 270 requirements apply only to hazardous waste combustors planning trial burns.

      In summary, the expanded public participation regulations require:

 A permit applicant to provide notice of and hold an informal meeting with the public before submitting a Part B application, and to submit a summary of the meeting to the agency (§124.31);

 The Agency to issue a public notice when it receives an application (§124.32);

 Certain facilities (as decided by the Agency Director on a case-by-case basis) to set up and maintain an information repository (§124.33); and

 The Agency to issue a public notice of an upcoming trial burn at a permitted hazardous waste combustion facility (§§ 270.62(b)(6) and 270.66(d)(3)), or at a hazardous waste combustion facility operating under interim status (§§ 270.62(d) and 270.66(g)).

      EPA believes that these regulations encourage people to become involved in the permitting process and increase understanding of hazardous waste facilities.

NEED FOR AND USE OF THE COLLECTION

2(a)	Need/Authority for the Collection

      Section 7004(b) of RCRA gives EPA broad authority to provide for, encourage, and assist public participation in the development, revision, implementation, and enforcement of any regulation, guideline, information, or program under RCRA.  In addition, the statute specifies certain public notices (i.e., radio, newspaper, and a letter to relevant agencies) that EPA must provide before issuing any RCRA permit.  The statute also establishes a process by which the public can dispute a permit and request a public hearing to discuss it.  EPA carries out much of its RCRA public involvement at 40 CFR Parts 124 and 270.

      In 1995, EPA expanded the public participation requirements under the RCRA program by promulgating the RCRA Expanded Public Participation Rule (60 FR 63417; December 11, 1995).  The rule responded to calls by the Administration and stakeholders (e.g., States and private citizens) to provide earlier and better public participation in EPA's permitting programs, including procedures for more timely information sharing.  In particular, the rule required earlier public involvement in the permitting process (e.g., pre-application meetings), expanded public notice for significant events (e.g., notices of upcoming trial burns), and more opportunities for the exchange of permitting information (e.g., information repository).

      In May of 2003, EPA finalized the Public Involvement Policy.  The policy updates an earlier policy issued in 1981.  Among other things, the policy calls for a strengthened commitment to meaningful public involvement, greater attention to the specific concerns and interests of affected people and entities, and use of a wider variety of public involvement techniques.  In this regard, the RCRA Expanded Public Participation Rule can serve as an example to the EPA programs of how to achieve many of the goals of the policy.

2(b)	Practical Utility/Users of the Data

      The required activities and information are needed to help assure timely and effective public participation in the permitting process.  The requirements are intended to provide equal access to information to all stakeholders in the permitting process:  the permitting agency, the permit applicant, and the community where a facility is located.  Some facilities may be required to develop information repositories to allow for expanded public participation and access to detailed facility information as part of the permitting process.

NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Nonduplication

      The information collections covered in this ICR are not available from sources other than the respondents.  EPA's Office of Solid Waste is the only office within the Agency collecting this information, and no other Federal agency or department collects this information.

3(b)  	Public Notice

      In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on October 12, 2021. EPA announced in the Federal Register (86 FR 56704) that it intended to this ICR.  The comment period ended on December 13, 2021.  The Agency received no comments.

      3(c)	Consultations

	The following industries were consulted on the the burden estimates: Safety Clean, US Ecology, and Envirite. No changes were made to the burden estimates as a result of these consultations; however there was discussion of the arcane methods required to advertise for a public meeting, such as notice being via an ad in the local newspaper. Whether or not the public meeting is in person or virtual, the method for advertising has not changed. EPA is currently drafting revised regulations that will revise these requirements to include the internet and other modern methods for advertising.

3(d)	Effects of Less Frequent Collection

      EPA sought to reduce the reporting frequency to the minimum that is necessary to ensure compliance with the rule.  It would not be possible to collect this information less frequently and still assure that the requirements of permit and public involvement regulations are met by owners or operators.  The reporting frequency is essential to assure that any changes in the trial burn plans or in the anticipated permit application contents are made known to EPA and to the public.

3(e)	General Guidelines

      This ICR adheres to the guidelines stated in the Paperwork Reduction Act of 1995, OMB's implementing regulations, EPA's Information Collection Review Handbook, and other applicable OMB guidance.

3(f)		Confidentiality

      Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA's general policy on the public disclosure of information, contain provisions for confidentiality.  If the Agency receives any confidential information, it will manage that information according to the protocols established by the Agency, as appropriate.

3(g)	Sensitive Questions

      No questions of a sensitive nature are included in any of the information collection requirements.

THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents/NAICS Codes

      The following is a list of North American Industrial Classification System (NAICS) codes associated with the facilities most likely to be affected by the expanded public participation requirements analyzed under this ICR:

      22132		Sewage Treatment Facilities
      32411		Petroleum Refineries
      32511		Petrochemical Manufacturing
      32512		Industrial Gas Manufacturing
      32551		Paint and Coating Manufacturing
      33271		Machine Shops
      33422		Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
      33633		Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing
      33634		Motor Vehicle Brake System Manufacturing
      33635		Motor Vehicle Transmission and Power Train Parts Manufacturing
      42271		Petroleum Bulk Stations and Terminals
      44111		New Car Dealers
      44711		Gasoline Stations with Convenience Store
      44719		Other Gasoline Stations
      48411		General Freight Trucking, Local
      48421		Used Household and Office Goods Moving
      48422		Specialized Freight (except Used Goods) Trucking, Local
      56292		Materials Recovery Facilities
      221111	Hydroelectric Power Generation
      221112	Fossil Fuel Electric Power Generation
      221113	Nuclear Electric Power Generation
      221119	Other Electric Power Generation
      221121	Electric Bulk Power Transmission and Control
      221122	Electric Power Distribution
      311942	Spice and Extract Manufacturing
      323110	Commercial Lithographic Printing
      323114	Quick Printing
      325131	Inorganic Dye and Pigment Manufacturing
      325188	All Other Basic Inorganic Chemical Manufacturing
      325193	Ethyl Alcohol Manufacturing
      325199	All Other Basic Organic Chemical Manufacturing
      325211	Plastics Material and Resin Manufacturing
      325998	All Other Miscellaneous Chemical Product  Manufacturing
      331311	Alumina Refining
      332813	Electroplating, Plating, Polishing, Anodizing, and Coloring
      332999	Other Miscellaneous Fabricated Metal Product Manufacturing
      333319	Other Commercial and Service Industry Machinery Manufacturing
      333999	All Other General Purpose Machinery Manufacturing
      334418	Printed Circuit/Electronics Assembly Manufacturing
      334419	Other Electronic Component Manufacturing
      336211	Motor Vehicle Body Manufacturing
      336312	Gasoline Engine and Engine Parts Manufacturing
      336322	Other Motor Vehicle Electrical and Electronic Equipment Manufacturing
      336399	All Other Motor Vehicle Part Manufacturing
      454311	Heating Oil Dealers
      454312	Liquefied Petroleum Gas (Bottled Gas) Dealers
      562111	Solid Waste Collection
      562112	Hazardous Waste Collection
      562119	Other Waste Collection
      562211	Hazardous Waste Treatment and Disposal
      562212	Solid Waste Landfills
      562213	Solid Waste Combustors and Incinerators
      562219	Other Nonhazardous Waste Treatment and Disposal
      811111	General Automotive Repair

4(b)	Information Requested

      Pre-application Public Meeting and Notice

      Under 40 CFR 124.31(a) and (b), facilities applying for an initial Part B permit or a Part B permit renewal, where the renewal application is proposing a change that would qualify as a Class 3 permit modification under 40 CFR 270.42, are required to hold at least one meeting with the public prior to submitting the Part B permit application to the permitting agency.  The applicant must submit a summary of the meeting, along with the list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, to the permitting agency as part of the Part B application (§124.31(c)).  Under 40 CFR 124.31(d), applicants must provide public notice (i.e., newspaper advertisement, visible and accessible sign, and broadcast media announcement) of the pre-application meeting at least 30 days prior to the meeting.  The applicant also must provide a copy of the notice to the permitting agency and to the appropriate units of State and local government.  (Note: In regard to 40 CFR 124.31(c), this ICR addresses the respondent activities associated with collecting the required information.  Submittal of this information to the permitting agency is addressed in Supporting Statement for EPA Information Collection Request Number 1573, "Part B Permit Application, Permit Modifications, And Special Permits.")

      (i)	Data Items:

 A public notice that includes:

--			The date, time, and location of the meeting;
--			A brief description of the purpose of the meeting;
--			A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;
--			A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and
--			The name, address, and telephone number of a contact person for the applicant.
 Information to be submitted to the permitting agency as part of the Part B permit application:

--			Copy of newspaper notice announcing the pre-application meeting;
--			A summary of a pre-application meeting with the public;
--			A list of attendees and their addresses; and
--			Copies of any written comments or materials distributed at the meeting.

      (ii)	Respondent Activities:

      To comply with the requirements in Section 124.31, applicants must perform the following activities:

 Read the regulations;
 Prepare notice of pre-application meeting;
 Prepare a multilingual notice of pre-application meeting, if appropriate;
 Provide for publication/posting/broadcasting of notice;
 Provide copy of pre-application meeting notice to the permitting agency and appropriate units of State and local government;
 Retain documentation of the notice;
 Prepare for and conduct the meeting;
 Prepare a meeting summary; and
 Copy the list of attendees with their addresses.

      Information Repository

      Under 40 CFR 124.33, the Agency Director has the authority to require certain applicants/facilities to establish and maintain an information repository.  Applicants/facilities instructed by the Agency Director to establish an information repository must, at a minimum, provide a written notice about the information repository to all individuals on the facility mailing list.  The Agency Director will determine the information to be placed in the information repository.

Data Items:

 Written notice about the information repository; andInformation in the repository, e.g.:

--			A summary of the pre-application public meeting;
--			A copy of the Part B permit application; and
--			Any other information the Agency Director determines to be relevant to public understanding of permitting activities at the facility.

      (ii)	Respondent Activities:

      To comply with the requirements in section 124.33, applicants must conduct the following activities:

 Read the regulations;
 Arrange with a local building for space to establish the information repository;
 Provide notice of the repository to individuals on the facility mailing list;
 Provide a multilingual notice of the repository to individuals on the facility mailing list, if appropriate;
 Establish the information repository; and
 Maintain the information repository.

THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

5(a)	Agency Activities

      Notice at Application Submittal

      40 CFR 124.32 requires the Agency to provide public notice, as set forth in sections 124.10(c)(1)(ix) and (x), at the application submittal stage.

      Information Repository

      40 CFR 124.33 provides discretionary authority for the Agency to require, on a case-by-case basis, the owner or operator of a facility to set up an information repository, and to provide a notice to the facility mailing list about the repository.  Section 124.33(d) requires the Agency Director to specify the contents of the repository and establish requirements for informing the public about the establishment of the repository (at a minimum, the Agency Director will require the facility to provide written notice to the facility mailing list).

      Trial Burn Notice

      40 CFR 270.62(b)(6), 270.62(d), 270.66(d)(3), and 270.66(g) require the Agency to provide public notice, as set forth in sections 124.10(c)(1)(ix) and (x), of an impending trial burn at a permitted hazardous waste combustion facility, or at a hazardous waste combustion facility operating under interim status.

5(b)	Collection Methodology and Management

      In collecting and analyzing the information required by the expanded public participation activities, EPA uses equipment such as personal computers and applicable data base software, when appropriate.  The public will receive information through newspaper announcements and other media, and, in some cases, will have access to additional data through an information repository as specified by the Agency under 40 CFR 124.33.

5(c)	Small Entity Flexibility

      In developing the regulations for expanding public involvement in the RCRA permitting process, EPA was sensitive to the needs and concerns of small businesses.  Therefore, the regulations describe the minimum efforts necessary to fulfill the public involvement requirements.  EPA avoided including narrow, prescriptive requirements in the final RCRA Expanded Public Participation Rule, in order to provide as much flexibility as possible -- for the facility, the community, and the Agency -- in implementing the requirements.  Furthermore, EPA conducted a small entity impact screening analysis for the proposed rule and determined that there were no small entities significantly impacted (see 59 FR 28680; June 2, 1994).  Because there were no substantive changes to the public participation requirements since the proposal, EPA determined that the requirements do not significantly impact small entities.

      EPA's intent in developing the requirements was to provide flexibility for a facility, in cooperation with local agencies or community groups, to determine the most effective communication mechanisms for a particular situation.  EPA recognizes that, in some situations, an information repository could become resource-intensive for a facility or for the local community.  EPA addressed this concern by providing discretion to the Director to determine whether to require a repository, rather than requiring it for all facilities.

5(d)	Collection Schedule

      Many of the requirements do not have specific schedules governing the submittal of the information.  Requirements that have specific time frames associated with them are described below.

      Pre-application Public Meeting and Notice

      40 CFR 124.31(d) requires the applicant to provide public notice of the pre-application meeting at least 30 days before the meeting is scheduled.

      Notice at Application Submittal

      40 CFR 124.32(b)(2) requires the Agency Director to publish the notice "within a reasonable period of time after the application is received."

      Trial Burn Notice

      40 CFR 270.62(b)(6)(i), 270.62(d), 270.66(d)(3)(i), and 270.66(g) require the Agency Director to provide notice to the mailing list and to appropriate units of State and local government "within a reasonable time period before the scheduled trial burn."

ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION

6(a)	Estimating Respondent Hours

      EPA estimates respondent burden hours for the information collection requirements associated with the pre-application meeting and the information repository requirements in Exhibit 1.  The burden estimates for each activity presented in Exhibit 1 include the burden hours (total and by labor type) per facility, as well as the overall burden hours associated with the given activities.

6(b)	Estimating Respondent Costs

The hourly labor wage rates used to estimate costs to respondents were calculated as shown in Table 1. The unloaded average hourly wage rates were obtained from the U.S. Bureau of Labor Statistics (BLS) May 2020 National Occupational Employment and Wage Estimates and adjusted to 2021 dollars using Employment Cost Indices developed by BLS. The fringe benefits cost factor is based on Employer Costs for Worker Compensation data published by BLS. The overhead cost factor was obtained from the previously approved ICR.
Using the total burden hours discussed in Section 6(a) and the hourly wage rates outlined in this section, Exhibit 1 estimates the labor costs associated with the information collection requirements covered in this ICR.
Labor Costs

       Derivation of Respondent Hourly Labor Wage Rates Used in this ICR
                                Labor
Category
                          Standard
Occupational
Code
                                 2020 Unloaded
                                Average (Mean)
                               Hourly Wage Rate
                                     2021
                                  Adjustment
                                    Factor
                                    Fringe
                                   Benefits
                                  Cost Factor
                                   Overhead
                                  Cost Factor
                                    Loaded
                                Average (Mean)
                               Hourly Wage Rate
                                       A
                                       B
                                       C
                                       D
                                       E
                                       F
                              G = [C x D x E x F]
1. Legal
23-1011 Lawyers
                                    $71.59
                                     1.045
                                     1.294
                                     1.336
                                   $129.33
2. Managerial
11-1021 General & Operations Managers
                                    $60.45
                                     1.045
                                     1.294
                                     1.336
                                   $109.21
3. Technical
17-2081 Environmental Engineers
                                    $46.58
                                     1.045
                                     1.294
                                     1.336
                                    $84.15
4. Clerical
43-9061 Office Clerks, General
                                    $18.16
                                     1.045
                                     1.294
                                     1.336
                                    $32.81

Capital/Start-Up Costs

      Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment.  For this ICR, capital costs include the purchase of file cabinets for an information repository.

      In complying with the requirements covered in this ICR, facilities may be required to maintain an information repository.  The information repository will require file cabinet space to retain the information required.  EPA took the following steps to estimate the cost of the file cabinets:

      ::	Estimate the number of file cabinets per facility required for the information repository.  Given that the standard-size, five-drawer, lateral file cabinet is expected to hold approximately 16,000 pages of material, EPA estimates that each facility would need to purchase only one file cabinet to retain copies of the applications and other required documentation within the time period of this ICR.  The approximate cost of purchasing a file cabinet is estimated at $910.

      ::	Calculate the annualized cost.  EPA used the following formula to calculate the annual cost to facilities for acquiring the file cabinets:

            Annualized Net Present Value  =  $910 x [1/(∑1/(1+k)[t])]

               where	k = discount rate of 7 percent; and
                        t = life of permit (10 years).

      EPA estimates that each facility will pay an annual cost of $130 for its file cabinet.  This capital cost is shown in Exhibit 3.

      Operation and Maintenance Costs

      Operation and maintenance (O&M) costs are those costs associated with a paperwork requirement incurred continually over the life of the ICR.  They are defined by the Paperwork Reduction Act of 1995 as "the recurring dollar amount of costs associated with O&M or purchasing services."  For this ICR, O&M costs include:

Newspaper advertisement: EPA estimates that a permit applicant will incur a cost of $30 for one inch of column space in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility.

Broadcast media announcement: EPA assumes that the radio broadcast will be a public service.  Therefore, the applicant will incur no costs for the radio announcement.

Meeting materials: EPA estimates that a permit applicant will incur a cost of $30 for 100 copies of a three-piece handout (i.e., 300 pages @ $0.10/page).

Space rental: EPA assumes that a permit applicant will conduct the pre-application public meeting in a community center.  Thus, the applicant will incur no space rental costs.

Mailing costs: EPA estimates that a permit applicant will incur a cost of $4.02 to mail the pre-application notice to the permitting agency and the appropriate units of State and local government (i.e., 6 government agencies @ $0.67/agency ($0.58 for stamp and $0.09 for envelope)).  EPA also estimates a cost of $168 for mailing a written notice about the information repository to all individuals on the facility mailing list (i.e., 250 individuals on the facility mailing list @ $0.67/individual).

These O&M costs are shown in Exhibit 1.

6(c)	Estimating Agency Hour and Cost Burden

      EPA estimates the Agency hour and cost burden associated with all of the requirements covered in this ICR in Exhibit 2.

      Describing Agency Activities

      Notice at Application Submittal.  To estimate the number of facilities for which the Agency will have to provide public notice at application submittal in each year covered by the ICR, EPA referred to RCRAInfo.,   Based on RCRAInfo data, EPA estimated the average annual number of Part B permit applications to be received over a three year period for initial permits and permit renewals.  By adding these two estimates, EPA ascertained the number of application submittals for which the Agency will have to provide public notice during the three-year period covered in the ICR.  Based on RCRAInfo data, EPA estimates that 4 initial Part B permit applications, on average, will be received annually over a three year period and 44 permits, on average, will be renewed annually over a three year period.

      Based on the above assumptions, EPA estimates that the Agency will have to provide public notice at application submittal for 44 facilities per year.

      Information Repository.  The Agency Director may require facilities to establish information repositories at any point during the permit application process, or during the life of the permit.  EPA anticipates that information repositories will be required in a limited number of situations.  Unlike the pre-application meeting requirements, facilities submitting post-closure permit applications or modification requests (e.g., a Class 3 modification to add a combustion unit or to begin burning dioxin) could also potentially be required to establish a repository.

      EPA is assuming that 15 percent of the estimated 44 annual respondents subject to the pre-application meeting requirements (i.e., 0.15 x 44 = 7 facilities) will be required to set up a repository (see Section 6(d) for a description of the respondent universe estimate for the pre-application requirements).

      Trial Burn Notice.  In estimating the number of facilities for which the Agency will have to provide public notice of an upcoming trial burn, EPA again referred to RCRAInfo.  RCRAInfo indicates that only one trial burn plan was approved over a three year period.  For purposes of this ICR, EPA assumes that the same number will be approved annually over a three year period.

      Estimating Agency Hour and Cost Burden

	EPA estimates Agency burden hours for the information collection requirements associated with the application submittal notice, the information repository, and the trial burn notice requirements in Exhibit 2.  The burden estimates for each activity presented in Exhibit 2 include the burden hours (total and by labor type) per respondent, as well as the overall burden hours associated with the given activities.

      	EPA estimates the Agency hour and cost burden associated with the information collection requirements covered in this ICR.  EPA estimates an average hourly labor cost of $98.08 for legal staff, $86.54 for managerial staff, $62.27 for technical staff, and $26.56 for clerical staff.  To derive these hourly estimates, EPA referred to the General Schedule (GS) Salary Table 2022.  This publication summarizes the unloaded (base) hourly rate for various labor categories in the Federal Government.  EPA then applied the standard government overhead factor of 1.6 to the unloaded rate to derive loaded hourly rates.

For purposes of this ICR, EPA assigned staff the following government service levels:

       Legal Staff		GS-15, Step 5
       Managerial Staff	GS-15, Step 1
       Technical Staff	GS-13, Step 1
       Clerical Staff		GS-6, Step 1

      To derive hourly estimates, EPA divided annual compensation estimates by 2,080, which is the number of hours in the Federal work-year.  EPA then multiplied hourly rates by the standard government overhead factor of 1.6.

      Capital/Start-Up Costs.  The Agency is not expected to incur capital costs in conducting the activities covered in this ICR.

      Operation and Maintenance Costs.  For this ICR, O&M costs to the Agency include the costs associated with a public notice announcing that a Part B permit application has been received or that a trial burn will take place.  For the announcement of receipt of a RCRA permit application, EPA estimates the total cost of each public notice to be $175.00.  This cost includes the cost of a newspaper announcement and mailing costs for providing a written notice to all individuals on the facility mailing list.  EPA assumes that the radio announcement will be a public service.  Thus, the Agency will incur no cost for a radio announcement.  For the announcement of a trial burn, EPA estimates the total O&M cost of each notice to be $145.00.  These O&M costs are shown in Exhibit 2.

6(d)	Estimating the Respondent Universe and Total Hour and Cost Burden

      Pre-application Public Meeting and Notice

      The pre-application meeting requirements apply to all facilities applying for an initial RCRA permit, and to already permitted facilities proposing a significant change in facility operations (i.e., changes equivalent to a Class 3 modification) at renewal.  These requirements do not apply to other renewal applications (i.e., those that do not include significant changes), post-closure applications, or routine permit modification requests.

      To estimate the number of initial RCRA permits, EPA referred to RCRAInfo.  Based on RCRAInfo data, EPA estimates that 3 initial Part B permit applications, on average, will be received annually over a three year period.

      To estimate the number of permit renewals involving a significant change in facility operations, EPA again relied on RCRAInfo.  RCRAInfo indicates that 44 RCRA permits, on average, will be renewed annually over a three year period.  EPA assumes that only ten percent (i.e., 44 x 0.10 = 4 permits) will involve significant changes to facility operations and thus be subject to the pre-application meeting requirements.

      Based on the above assumptions, EPA estimates that 7 facilities (i.e., 3 + 4 = 7), on average, will be subject to the pre-application requirements each year.

      Information Repository

      EPA estimates that, each year, seven facilities will incur the costs associated with the information repository.  (See Section 6(c) for a description of the universe estimate for the information repository requirements.)

6(e)	Bottom Line Hour and Cost Burden

      Respondent Tally

      Exhibit 3 shows the aggregate annual hour and cost burden to respondents.  As shown in the exhibit, EPA estimates the annual respondent burden to be 4,474 hours and $336,413, of which $331,550 is labor and $4,863 is capital and O&M cost.

      Agency Tally

      Exhibit 4 shows the aggregate annual hour and cost burden to the Agency.  As shown in the exhibit, EPA estimates the annual Agency burden to be 370 hours, at a cost of $27,099.

	6(f) 	Reasons for Change in Burden

	There is an increase of 99 hours between this ICR and the current one. This slight increase is due to a slight increase in the respondent universe.

6(g)	Burden Statement

      The annual public reporting burden for this collection of information is estimated to average 90 hours per response.  The estimated recordkeeping burden for this collection of information is estimated to average 5 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; 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.  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 numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

      To comment on EPA 's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OLEM-2018-0102 at www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in the Docket ID Number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OLEM-2018-0102 and OMB Control Number 2050-0149 in any correspondence.

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[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Page 57840]
[FR Doc No: 2015-24426]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2015-0001; Internal Agency Docket No. FEMA-B-1452]

Proposed Flood Hazard Determinations for Polk County, Minnesota
and Incorporated Areas

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed notice; withdrawal.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) is withdrawing
its proposed notice concerning proposed flood hazard determinations,
which may include the addition or modification of any Base Flood
Elevation, base flood depth, Special Flood Hazard Area boundary or zone
designation, or regulatory floodway (herein after referred to as
proposed flood hazard determinations) on the Flood Insurance Rate Maps
and, where applicable, in the supporting Flood Insurance Study reports
for Polk County, Minnesota and Incorporated Areas.

DATES: This withdrawal is effective September 25, 2015.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1452, to Luis Rodriguez, Chief, Engineering Management Branch, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On December 16, 2014, FEMA published a
proposed notice at 79 FR 74758, proposing flood hazard determinations
for Polk County, Minnesota and Incorporated Areas. FEMA is withdrawing
the proposed notice.

    Authority: 42 U.S.C. 4104; 44 CFR 67.4.

    Dated: September 9, 2015.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2015-24426 Filed 9-24-15; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Notices]
[Page 6424-6426]
[DOCID:fr09fe10-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61471; File No. SR-NYSEAmex-2010-06]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Adding 75 Options
Classes to the Penny Pilot Program

February 2, 2010.
    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 February 1, 2010, NYSE Amex LLC (the ``NYSE Amex'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to identify the next 75 options classes to be
added to the Penny Pilot Program for Options (``Penny Pilot'' or
``Pilot'') on November 2, 2009 [sic].\3\ There are no changes to the
Rule text. A copy of this filing is available on the Exchange's Web
site at http://www.nyse.com, at the Exchange's principal office, at the
Commission's Public Reference Room and on the Commission's Web site at
http://www.sec.gov.
---------------------------------------------------------------------------

    \3\ The Commission notes that the form 19b-4 correctly notes
that the 75 new classes were added to the Penny Pilot on February 1,
2010.

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

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
    NYSE Amex proposes to identify the next 75 options classes to be
added to the Penny Pilot effective February 1, 2010. The Exchange
recently filed to extend and expand the Pilot through December 31,
2010.\4\ In that filing, the Exchange had proposed expanding the Pilot
on a quarterly basis to add the next 75 most actively traded multiply
listed options classes based on national average daily volume for the
six-months prior to selection, closing under $200 per share on the
Expiration Friday prior to expansion, except that the month immediately
preceding their addition to the Penny Pilot will not be used for the
purpose of the six month analysis.\5\
---------------------------------------------------------------------------

    \4\ See Exchange Act Release No. 61106 (December 3, 2009) 74 FR
65193 (December 9, 2009).
    \5\ Index products would be included in the expansion if the
underlying index level was under 200.

----------------------------------------------------------------------------------------------------------------
         Nat'l ranking            Symbol       Company name       Nat'l ranking      Symbol       Company name
----------------------------------------------------------------------------------------------------------------
131...........................  ABT         Abbott              192..............  LEAP        Leap Wireless
                                             Laboratories.                                      International
                                                                                Inc.
169...........................  AEM         Agnico-Eagle Mines  205..............  LLY         Eli Lilly & Co.
                                             Ltd.
151...........................  AET         Aetna Inc.          162..............  LO          Lorillard Inc.
156...........................  AFL         Aflac Inc.          152..............  LOW         Lowe's Co.s Inc.
181...........................  AKAM        Akamai              176..............  M           Macy's Inc.
                                             Technologies Inc.
178...........................  AMAT        Applied Materials   155..............  MCO         Moody's Corp.
                                             Inc.
117...........................  AMR         AMR Corp.           217..............  MET         MetLife Inc.
166...........................  ANF         Abercrombie &       187..............  MMM         3M Co.
                                             Fitch Co.
172...........................  APC         Anadarko Petroleum  140..............  MU          Micron Technology
                                             Corp.                                              Inc.
209...........................  ATVI        Activision          177..............  NUE         Nucor Corp.
                                             Blizzard Inc.
145...........................  BBD         Banco Bradesco SA.  157..............  OXY         Occidental
                                                                                Petroleum Corp.
190...........................  BCRX        BioCryst            158..............  PARD        Poniard
                                             Pharmaceuticals                                    Pharmaceuticals
                                             Inc.                                               Inc.
218...........................  BK          Bank of New York    150..............  PEP         PepsiCo. Inc./NC.
                                             Mellon Corp./The.
194...........................  BRCM        Broadcom Corp.      141..............  PM          Philip Morris
                                                                                International
                                                                                Inc.
184...........................  BTU         Peabody Energy      185..............  PNC         PNC Financial
                                             Corp.                                              Services Group
                                                                                Inc.
144...........................  BX          Blackstone Group    216..............  QID         ProShares
                                             LP.                                                UltraShort QQQ.
200...........................  CAL         Continental         149..............  SHLD        Sears Holdings
                                             Airlines Inc.                                      Corp.
211...........................  CF          CF Industries       175..............  SLM         SLM Corp.
                                             Holdings Inc.
142...........................  CMCSA       Comcast Corp.       212..............  SLW         Silver Wheaton
                                                                                Corp.
203...........................  CSX         CSX Corp.           215..............  SQNM        Sequenom Inc.
143...........................  CVS         CVS Caremark Corp.  153..............  STEC        STEC Inc.
174...........................  CX          Cemex SA.B de CV.   219..............  STX         Seagate
                                                                                Technology.
183...........................  DD          EI du Pont de       202..............  SU          Suncor Energy
                                             Nemours & Co.                                      Inc.
146...........................  ERTS        Electronic Arts     207..............  TCK         Teck Resources
                                             Inc.                                               Ltd.
121...........................  EWJ         iShares MSCI Japan  196..............  TEVA        Teva
                                             Index Fund.                                        Pharmaceutical
                                                                                Industries Ltd.
186...........................  FDX         FedEx Corp.         135..............  TLT         iShares Barclays
                                                                                20+ Year
                                                                                Treasury Bond
                                                                                Fund.
118...........................  FNM         Federal National    214..............  TZA         Direxion Daily
                                             Mortgage                                           Small Cap Bear
                                             Association.                                       3X Shares.
182...........................  FRE         Federal Home Loan   168..............  UAUA        UAL Corp.
                                             Mortgage Corp.
179...........................  GILD        Gilead Sciences     154..............  URE         ProShares Ultra
                                             Inc.                                               Real Estate.
198...........................  GLW         Corning Inc.        180..............  UTX         United
                                                                                Technologies
                                                                                Corp.
170...........................  HBC         HSBC Holdings PLC.  204..............  WFR         MEMC Electronic
                                                                                Materials Inc.
197...........................  HES         Hess Corp.          115..............  WFT         Weatherford
                                                                                International
                                                                                Ltd.
161...........................  HL          Hecla Mining Co.    165..............  WLP.        WellPoint Inc.
193...........................  HOG         Harley-Davidson     191..............  XLB         Materials Select
                                             Inc.                                               Sector SPDR
                                                                                Fund.
206...........................  HON         Honeywell           173..............  XRX         Xerox Corp.
                                             International
                                             Inc.
210...........................  JOYG        Joy Global Inc.     148..............  XTO         XTO Energy Inc.
213...........................  JWN         Nordstrom Inc.      130..............  YRCW        YRC Worldwide
                                                                                Inc.
137...........................  KFT         Kraft Foods Inc.                       ..........  .................
----------------------------------------------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with and furthers the objectives of Section 6(b)(5) of the Act, in that
it is designed to promote just and equitable principles of trade,
remove impediments to and perfect the mechanisms of a free and open
market and a national market system and, in general, to protect
investors and the public interest, by identifying the options classes
added to the Pilot in a manner consistent with prior approvals and
filings.

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

    The proposed rule change is effective upon filing pursuant to
Section 19(b)(3)(A)(i) of the Exchange Act \6\ and Rule 19b-4(f)(1)
thereunder,\7\ in that it constitutes a stated policy, practice, or
interpretation with respect to the meaning, administration, or
enforcement of an existing rule of the Exchange. At any time within 60
days of the filing of the proposed rule change, the Commission may
summarily abrogate the rule change if it appears to the Commission that
the action is necessary or appropriate in the public interest, for the
protection of investors, or would otherwise further the purposes of the
Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(i).
    \7\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2010-06 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-NYSEAmex-2010-06. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at NYSE Amex's principal office
and on its Web site at www.nyse.com. 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 No. SR-NYSEAmex-2010-06 and should be submitted on
or before March 2, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2739 Filed 2-8-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 12, 2010 (Volume 75, Number 91)]
[Notices]
[Page 26749]
[DOCID:fr12my10-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM10-13-000]

Credit Reforms in Organized Wholesale Electric Markets; Notice of
Technical Conference

April 15, 2010.
    Take notice that on May 11, 2010, the Commission staff will convene
a technical conference to discuss issues related to the Commission's
Notice of Proposed Rulemaking on Credit Reforms in Organized Wholesale
Electric Markets.\1\
---------------------------------------------------------------------------

    \1\ See 130 FERC ] 61,055 (2010). This workshop is being held in
accordance with the Commission's Order Obtaining Guidance on
Regulatory Requirements, 123 FERC ] 61,157 (2008).
---------------------------------------------------------------------------

    The technical conference will be held from 9 a.m. to 12:30 p.m.
(EDT), in the Commission Meeting Room at the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426. All those that
are interested are invited to attend. The conference is free and no
registration is necessary. Further notices with detailed information
will be issued in advance of this conference.
    A free Webcast of this event will be available through http://
www.ferc.gov. Anyone with Internet access who desires to listen to this
event can do so by navigating http://www.ferc.gov's Calendar of Events
and locating this event in the calendar. The event will contain a link
to its Webcast. The Capitol Connection provides technical support for
free Webcasts and offers the option of listening via phone-bridge for a
fee. If you have any questions, visit http://www.CapitolConnection.org
or call<PHONE_NUMBER>.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations. For more information on this conference,
please contact:
Christina Hayes, Office of General Counsel--Energy Markets, Federal
Energy Regulatory Commission,<PHONE_NUMBER><EMAIL_ADDRESS>Scott Miller, Office of Energy Policy & Innovation, Federal Energy
Regulatory Commission,<PHONE_NUMBER><EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-11232 Filed 5-11-10; 8:45 am]
BILLING CODE 6717-01-P