[Federal Register: November 14, 2006 (Volume 71, Number 219)]
[Notices]
[Page 66322-66324]
[DOCID:fr14no06-30]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

November 6, 2006.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER01-205-014; ER98-2640-012; ER98-4590-010; ER99-
1610-018.
    Applicants: Xcel Energy Services Inc.; Northern States Power
Company; Northern States Power Company (Wisconsin); Public Service
Company of Colorado; Southwestern Public Service Company.
    Description: Xcel Energy Services Inc. on behalf of Northern States
Power Co submits a change in status report to NSP's market-based rate
authority.
    Filed Date: 11/02/2006.
    Accession Number: 20061102-5052.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER03-985-001.
    Applicants: El Cap II, LLC.
    Description: El Cap II, LLC submits its Triennial Updated Market
Power Analysis Report.
    Filed Date: 10/30/2006.
    Accession Number: 20061101-0147.
    Comment Date: 5 p.m. Eastern Time on Monday, November 20, 2006.

    Docket Numbers: ER06-451-010.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits revisions to its
Open Access Transmission Tariff effective 2/1/07.
    Filed Date: 11/02/2006.
    Accession Number: 20061103-0103.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-115-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc submits its 2007 Capital Budget
and Capital Budget Quarterly Filing for the Third Quarter of 2006.
    Filed Date: 10/31/2006.

    Accession Number: 20061102-0072.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ER07-118-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc submits an informational filing
which clarifies the treatment of Hydro-Quebec Interconnection
Capability Credit.
    Filed Date: 10/31/2006.
    Accession Number: 20061102-0073.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ER07-119-000.
    Applicants: Central Hudson Gas & Electric Corporation.
    Description: Central Hudson Gas & Electric Corp submits an executed
Interconnection Agreement with the City of New York dated 10/31/06.
    Filed Date: 10/31/2006.
    Accession Number: 20061102-0074.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ER07-120-000.
    Applicants: Western Electricity Coordinating Council.
    Description: Western Electricity Coordinating Council submits Sixth
Amendment to the Reliability Criteria Agreement with Arizona Electric
Power Cooperative, Inc, et al.
    Filed Date: 10/31/2006.
    Accession Number: 20061102-0075.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ER07-121-000.
    Applicants: Allegheny Energy, Inc.; Monongahela Power Company;
Allegheny Energy Supply Company, LLC.
    Description: Allegheny Energy, Inc, Monongahela Power Co and
Allegheny Energy Supply Co, LLC to submit a request for waivers of
certain code of conduct requirements.
    Filed Date: 10/31/2006.
    Accession Number: 20061102-0077.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ER07-122-000.
    Applicants: Interstate Power and Light Company.
    Description: Interstate Power and Light Co submits a request to
change rates charged to its jurisdictional customers in Iowa, Illinois
and Minnesota.
    Filed Date: 10/31/2006.
    Accession Number: 20061102-0078.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ER07-123-000.
    Applicants: LSP South Bay, LLC.
    Description: LSP South Bay, LLC submits revisions to certain
Reliability Must-Run Rate Schedules of its Reliability Must Run
Agreement with the California Independent System Operator Corp.
    Filed Date: 10/31/2006.
    Accession Number: 20061102-0076.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ER07-125-000.
    Applicants: Keystone Energy Partners, LP.
    Description: Keystone Energy Partners, LP submits a Petition for
Acceptance of Initial Tariff, Waiver and Blanket Authority.
    Filed Date: 10/31/2006.
    Accession Number: 20061102-0181.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ER07-126-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits an executed service
agreement for Firm Point-To-Point Transmission Service with Kansas City
Power and Light Company.
    Filed Date: 11/02/2006.
    Accession Number: 20061102-0183.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-127-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp submits an
Amended Outage Report to its Tariff.
    Filed Date: 10/31/2006.
    Accession Number: 20061102-0182.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ER07-128-000.
    Applicants: Wisconsin Public Service Corporation.
    Description: Wisconsin Public Service Co submits three revised
service agreements with Manitowoc Public Utilities et al., effective 1/
1/07.
    Filed Date: 10/31/2006.
    Accession Number: 20061102-0178.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ER07-129-000.
    Applicants: Atlantic Path 15, LLC.
    Description: Atlantic Path 15, LLC submits revisions to its
Transmission Owner Tariff, FERC Electric Tariff Original Volume No 1.
    Filed Date: 10/31/2006.
    Accession Number: 20061102-0180.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ER07-130-000.
    Applicants: CalPeak Power-Vaca Dixon LLC.
    Description: CalPeak Power-Vaca Dixon LLC submits the notice
canceling Must-Run Service Agreement with California Independent System
Operator Corporation, Inc, Rate Schedule No. 2.
    Filed Date: 10/31/2006.
    Accession Number: 20061102-0176.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ER07-131-000; ER07-132-000; ER07-133-000.
    Applicants: CalPeak Power-El Cajon LLC; Calpeak Power-Border, LLC;
Calpeak Power-Enterprise, LLC.
    Description: CalPeak Power LLC on behalf of CalPeak Entities
submits modifications to certain schedules contained in the Reliability
Must-Run Service Agreement with the California Independent System
Operator Corp.
    Filed Date: 10/31/2006.
    Accession Number: 20061102-0177.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ER07-134-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services Inc submits Rate Schedule, First
Revised Rate Schedule 170, for cost-based power sales for full
requirements service to Brazos Electric Power Cooperative Inc.
    Filed Date: 11/01/2006.
    Accession Number: 20061103-0107.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-135-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc on behalf of Entergy Gulf
States, Inc, et al., submits EAI-EGS and EAI-EMI 2007 Bridge Contracts.
    Filed Date: 11/01/2006.
    Accession Number: 20061103-0113.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-137-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc submits its third revised
Network Integration Transmission Service Agreement w/ Louisiana
Generating LLC.
    Filed Date: 11/01/2006.
    Accession Number: 20061103-0166.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-138-000.
    Applicants: Central Vermont Public Service Corporation.
    Description: Central Vermont Public Service Corp submits a notice
of cancellation and cancelled rate schedule sheet terminating its
Transmission and Interconnection Service Agreement with Morrisville
Water & Light Department.
    Filed Date: 11/01/2006.
    Accession Number: 20061103-0162.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-139-000.

    Applicants: Oklahoma Gas and Electric Company.
    Description: Oklahoma Gas and Electric Co submits a notice of
cancellation of a portion of its Rate Schedule 147, Agreement for
Scheduling Exchange Service with Oklahoma Municipal Power Authority.
    Filed Date: 11/01/2006.
    Accession Number: 20061103-0163.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-140-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits its revised
rate sheets to the Amended & restated Eldorado System Conveyance and
Co-Tenancy Agreement with Nevada Power Company et al.
    Filed Date: 11/01/2006.
    Accession Number: 20061103-0164.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-141-000.
    Applicants: Florida Power Corporation.
    Description: Florida Power Corp submits a cost-based power sales
agreement with the City of Mount Dora, Florida.
    Filed Date: 11/01/2006.
    Accession Number: 20061103-0165.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-142-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits amendments to its tariff that modify the assignment of costs
associated with energy exported from Participating Intermittent
Resource Program.
    Filed Date: 11/01/2006.
    Accession Number: 20061103-0167.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-143-000.
    Applicants: Duke Energy Carolina, LLC.
    Description: Duke Energy Carolinas, LLC submits its 10/27/06
confirmation with North Carolina Electric Membership Corporation,
effective 1/1/07.
    Filed Date: 11/01/2006.
    Accession Number: 20061103-0168.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-144-000.
    Applicants: Central Vermont Public Service Corporation; Green
Mountain Power Corporation.
    Description: Central Vermont Public Service Corp et al. submit a
revision to the Transmission Service Agreement designated as First
Revised Rate Schedule 132 and First Revised Rate Schedule 188.
    Filed Date: 11/01/2006.
    Accession Number: 20061103-0169.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-145-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Co submits a Long-Term Power
Transaction Agreement with PacifiCorp, Rate Schedule 182.
    Filed Date: 11/01/2006.
    Accession Number: 20061103-0170.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-146-000.
    Applicants: Wabash Valley Energy Marketing, Inc.
    Description: Wabash Valley Energy Marketing, Inc submits an
application for acceptance of initial market-based rate tariff,
waivers, and blanket authority, FERC Electric Original Volume No 1.
    Filed Date: 11/01/2006.
    Accession Number: 20061103-0160.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-19121 Filed 11-13-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 12, 2008 (Volume 73, Number 178)]
[Notices]
[Page 53057-53059]
[DOCID:fr12se08-107]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58466; File No. SR-AMEX-2008-53]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Related to Amendments to Rule
925 (Confirmations) and Rule 921 (Opening of Accounts)

September 5, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on June 26, 2008, the American Stock Exchange LLC
(the ``Amex'' or the ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Amex Rule 925 to clarify that
written confirmations relating to options transactions are not required
to specify the options exchange or exchanges on which such options
contracts were executed. The Exchange further proposes to amend Amex
Rule 921 to permit a General Securities Sales Supervisor to approve the
opening of an options account. The text of the proposed rule change is
available at the Exchange, the Commission's Public Reference Room and
http://www.amex.com.

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

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

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

1. Purpose
a. Options Confirmation Rule (Rule 925)
    Amex Rule 925 requires that every member and member organization
promptly furnish to each customer a written confirmation of each
options transaction for such customer's account. This confirmation is
required to disclose the type of option, the underlying security, the
expiration month, the exercise price, the number of option contracts,
the premium, commissions, the transaction and settlement dates, whether
the transaction was a purchase or a sale (writing) transaction, whether
the transaction was an opening or a closing transaction, and whether
the transaction was effected on a principal or agency basis. In
addition, Rule 925 requires that each confirmation, by appropriate
symbols, must distinguish between Exchange option transactions and
other transactions in option contracts and between such transactions
and transactions in other options. Rule 925 has been interpreted over
the years by market participants to require that written confirmations
relating to options transactions specify the options exchange or
exchanges on which such options contracts were executed. This proposal
seeks to clarify that Rule 925 does not require the name of the options
exchange or exchanges on which an options contract is executed.
    Prior to August 1999, an options class was typically listed on only
one options exchange. In August 1999, the options exchanges began to
multiply-list options classes that were previously listed on only one
exchange. In October 1999, the Commission stated that it believed a
linkage among options markets would benefit investors by increasing
competition among markets (and market participants) to provide the best
execution of customer orders.\3\ Subsequently, the Commission directed
the options exchanges to act jointly in discussing, developing, and
submitting for Commission approval an intermarket linkage plan for
multiply-traded options. On July 28, 2000, the Commission approved the
Plan for the Purpose of Creating and Operating an Intermarket Options
Market Linkage (the ``Options Linkage Plan'' or ``Linkage Plan'')
submitted by the Amex, the Chicago Board Options Exchange, Inc. and the
International Securities

Exchange, Inc.\4\ The Philadelphia Stock Exchange, Inc., and the
Pacific Stock Exchange agreed to participate in the Options Linkage
Plan in November 2000.\5\ As a result of the introduction of multiple
trading of options and the implementation of the Linkage Plan, the
contracts in a customer options order could be executed on more than
one options exchange and the significance of the options exchange or
exchanges that execute a particular options transaction has diminished
significantly.\6\
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    \3\ See Exchange Act Release No. 42029 (Oct. 19, 1999), 64 FR
57674 (Oct. 26, 1999).
    \4\ See Exchange Act Release No. 43086 (Jul. 28, 2000), 65 FR
48023 (Aug. 4, 2000).
    \5\ See Exchange Act Release Nos. 43573 (Nov. 16, 2000), 65 FR
70850 (Nov. 28, 2000) and 43574 (Nov. 16, 2000), 65 FR 70851 (Nov.
28, 2000) (approval order).
    \6\ Modifications to this paragraph discussed in telephone
conference between Jeffrey P. Burns, Vice-President & Associate
General Counsel, American Stock Exchange LLC, and Max Welsh, Special
Counsel, Division of Trading and Markets, Securities and Exchange
Commission, on August 7, 2008.
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    Under the duty of best execution, Amex members are required to
exercise diligence to obtain the best price when routing customer
options trades for execution. The Exchange, as well as the other
members of the Options Self Regulatory Council (the ``OSRC''),\7\
believes that in light of the existing best execution and disclosure
requirements, the usefulness of including on an options confirmation
the name of the options exchange or exchanges on which an options
transaction was effected does not outweigh the operational difficulties
of capturing the information given the multiple trading of options and
the application of the Options Linkage Plan industry-wide.
Consequently, the proposal would amend Amex Rule 925 to make clear that
written confirmations relating to options transactions are not required
to specify the options exchange or exchanges on which such options
contracts were executed.
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    \7\ The ORSC consists of the options exchanges and the Financial
Industry Regulatory Authority, Inc. (``FINRA'').
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    The Exchange has worked with the other members of the OSRC in
developing these proposed rule changes. Each member of the OSRC is
expected to similarly file rule proposals to either delete the
requirement that the written options confirmation disclose the name of
the options exchange or exchanges on which the options transaction was
executed, or clarify that no such requirement exists.
b. Options Account Opening Rule (Rule 921)
    Amex Rule 921 governs the opening of options accounts by members
and member organizations. Specifically, Rule 921(c), relating to
``Diligence in Opening Account,'' provides that in approving a
customer's account for options transactions, a member or member
organization shall exercise due diligence to learn the essential facts
as to the customer and his investment objectives and financial
situation, and shall make a record of such information (which shall be
retained in accordance with Amex Rule 922). Based on such information,
the branch manager or other registered options principal (``ROP'') is
required to approve in writing the customer's account for options
transactions. If the branch manager is not a ROP, the branch manager's
approval of the account must be confirmed within a reasonable time by a
ROP. The Exchange and the other members of the ORSC believe that an
amendment to the current options account opening procedures is
warranted so that a general securities sales supervisor, in addition to
a ROP, is able to open an options account without the approval of a
ROP. The other members of the ORSC are also expected to file similar
amendments to their options account opening rules.
    The Exchange believes that permitting a general securities sales
supervisor to approve the opening of an options account would be
appropriate and would properly reflect the maturity of the options
market and the manner in which the uses of options are more integrated
with other securities in the implementation of investment
strategies.\8\ In particular, the Exchange believes that the proposed
amendment to Rule 921 would further permit member firms to integrate
their options activities into their overall supervisory and compliance
structures that monitor all securities products.
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    \8\ The Commission recently approved the elimination of the
Senior Registered Options Principal (``SROP'') and Compliance
Registered Options Principal (``CROP'') supervisory categories,
permitting member firms to supervise their options activities
through their overall supervisory and compliance programs that
monitor all other securities products. See Exchange Act Release No.
57738 (April 29, 2008), 73 FR 25805 (May 7, 2008) (approval order).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6 of the Exchange Act,\9\ in general, and furthers the
objectives of Section 6(b)(5),\10\ in particular, in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system, and, in general, to
protect investors and the public interest, by clarifying options
confirmation and account opening procedure rules to better reflect the
realities of the modern options market and the compliance and
regulatory structures adopted by firms. The Exchange believes that the
proposal is consistent with Section 6(b)(5) Exchange Act because the
proposed amendments to Amex Rules 925 and 921 better reflect the manner
in which standardized options are listed and traded on the options
exchanges and integrated into firms' general securities supervision and
compliance programs.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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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 Exchange 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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will (A) by order approve
such proposed rule change, or (B) institute proceedings to determine
whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Exchange 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-AMEX-2008-53 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-AMEX-2008-53. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Section, 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 the principal office of the Amex. 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-AMEX-2008-53 and should be
submitted on or before October 3, 2008.

    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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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-21165 Filed 9-11-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55377-55379]
[FR Doc No: 2023-17363]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0754; FRL-9514-02-R9]

Air Plan Approvals; California; South Coast Air Quality
Management District, Imperial and Ventura County Air Pollution Control
Districts; Nonattainment New Source Review; 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve three state implementation plan (SIP) revisions
submitted by the State of California addressing the nonattainment new
source review (NNSR) requirements for the 2015 8-hour ozone

National Ambient Air Quality Standards (NAAQS). These SIP revisions
address the South Coast Air Quality Management District (SCAQMD or
``District''), Imperial County Air Pollution Control District (ICAPCD
or ``District''), and Ventura County Air Pollution Control District
(VCAPCD or ``District'') portions of the California SIP. This action is
being taken pursuant to the Clean Air Act (CAA or ``Act'') and its
implementing regulations.

DATES: This rule is effective September 14, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0754. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Amita Muralidharan, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On April 14, 2022 (87 FR 22163), the EPA proposed to approve the
SIP revisions listed in Table 1, addressing the NNSR requirements for
the 2015 ozone NAAQS for the SCAQMD, ICAPCD, and VCAPCD.

                Table 1--Submitted Certification Letters
------------------------------------------------------------------------
              District                  Adoption date    Submittal date
------------------------------------------------------------------------
South Coast Air Quality Management            6/4/2021          8/3/2021
 District (SCAQMD)..................
Imperial County Air Pollution                6/22/2021          8/3/2021
 Control District (ICAPCD)..........
Ventura County Air Pollution Control          6/8/2021          8/3/2021
 District (VCAPCD)..................
------------------------------------------------------------------------

    We proposed approval of the submitted SIP revisions because we
determined that the 2015 ozone certifications submitted by the
Districts fulfill the 40 CFR 51.1314 revision requirement and meet the
requirements of CAA section 110 and the minimum SIP requirements of 40
CFR 51.165. Our proposed action contains more information on the SIP
revisions and our evaluation.

II. Public Comments

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received one non-germane comment. A copy of the
comment is in the docket for this action.

III. EPA Action

    No comments were submitted during the 30-day public comment period
that change our assessment from what we described in our proposed
action. Therefore, as authorized in section 110(k)(3) of the Act, the
EPA is approving these three certifications into the California SIP as
proposed.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws,

regulations, and policies.'' The EPA further defines the term fair
treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.''
    The State did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Due to the nature of the action being taken here, this action is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 16, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 8, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(591)(ii)(B)(2),
(c)(591)(ii)(C) and (D) to read as follows:

Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (591) * * *
    (ii) * * *
    (B) * * *
    (2) ``Final Certification of Nonattainment New Source Review and
Clean Fuels for Boilers Compliance Demonstration for 2015 8-hour Ozone
Standard,'' excluding the ``Clean Fuels for Boilers Compliance
Demonstration,'' adopted June 4, 2021.
    (C) Ventura County Air Pollution Control District.
    (1) ``Certification of the Nonattainment New Source Review Program
Compliance Demonstration for the 2015 Federal Ozone Standard,'' adopted
June 8, 2021.
    (2) [Reserved]
    (D) Imperial County Air Pollution Control District.
    (1) ``The Certification of the Nonattainment New Source Review
Permit Program for Imperial County Applicable to the 2015 Ozone
National Ambient Air Quality Standard,'' adopted June 22, 2021.
    (2) [Reserved]
* * * * *
[FR Doc. 2023-17363 Filed 8-14-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 30, 2010 (Volume 75, Number 229)]
[Notices]
[Page 74117-74119]
[DOCID:fr30no10-142]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63368; File No. SR-NSCC-2010-15]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing of Proposed Rule Change Relating to
Establishing an Automated Service for the Processing of Transfers,
Replacements, and Exchanges of Insurance and Retirement Products

November 23, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ notice is hereby given that on November 18, 2010, the
National Securities Clearing Corporation (``NSCC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared primarily by NSCC. 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).
---------------------------------------------------------------------------

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

    The proposed rule change would allow NSCC to add a new automated
service to process transfers, replacements, and exchanges of insurance
and retirement products through NSCC's Insurance and Retirement
Processing Service (``IPS'').

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

    In its filing with the Commission, NSCC 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. NSCC has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of these statements.

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

    The purpose of the proposed rule change is to allow NSCC to offer a
new automated service to transfer, replace, or exchange (collectively
referred to as a ``Replacement'') an existing insurance contract that
is eligible for NSCC's IPS.

1. Background
    Currently, the Replacement process is not conducted through a
centralized or automated process and requires extensive manual
processing of paper forms and other documents. The insurance industry
currently utilizes Transfer of Assets forms, 1035 Exchange Forms, or
other similar paperwork (collectively referred to as ``TOA'') to
document the request and the authorization for a Replacement.
Currently, once an authorization has been obtained and the needed forms
have been executed, the documents are transmitted by facsimile, mail,
electronic mail, or other means. Because there is no centralized and
automated mechanism for processing Replacements, there is also no
centralized and automated settlement process for managing the movement
of funds associated with Replacements. This lack of centralized and
automated processing makes the overall Replacement process time
consuming and labor intensive.
2. Proposed Amendments
    NSCC proposes to add a new Section 11 to Rule 57 (``Insurance and
Retirement Processing Services'') so that NSCC can provide a service
that will centralize and automate the processing of Replacements and
will decrease the administrative burden on and risk to NSCC Members,
Insurance Carrier/Retirement Service Members, Mutual Fund/Insurance
Services Members, and Data Services Only Members.
    Under the proposal, an Insurance Carrier/Retirement Services Member
would be able to initiate a Replacement (``Receiving Carrier'') by
submitting an instruction to NSCC to process a Replacement (``Request
for Replacement''). NSCC would then transmit the Request for
Replacement to the designated Insurance Carrier/Retirement Services
Member (``Delivering Carrier''). The Delivery Member would have to
confirm, reject, or request modification to the Request for Replacement
in the format and by such time as established by NSCC. NSCC would
delete from the IPS transfers that are not confirmed or rejected. The
IPS would also incorporate and automate the settlement of confirmed
Replacements into NSCC's existing settlement process for IPS.
    NSCC states that the proposed service would decrease the
operational risk inherent in the processing of paper documentation,
would provide a uniform platform for Replacements, and would provide
uniform rules and procedures for Replacements.
    Under the proposed new Section 11, the Delivering Carrier waives
the obligation of the Receiving Carrier to submit a signed physical
copy of the TOA unless specifically required by state or local law. The
transfer of any physical documents related to Replacements that are
required under state law would continue to be transferred outside of
NSCC. It would be the sole obligation of the Insurance Carrier/
Retirement Services Members involved in the Replacement to confirm that
all legal requirements, including any requirement to obtain a signed
physical copy of the TOA imposed by applicable state or local law, are
satisfied prior to confirming a Request for Replacement. The
Replacement service would permit the transfer of documentation as an
attachment to the Request for Replacement, but this would not be a
requirement to utilize the Replacement service. The waiver of the
obligation to submit signed physical documents is intended to improve
the orderly processing of Replacements.
    Finally, NSCC proposes to update the Fee Schedule to incorporate
the fees associated with processing a Request for Replacement. The fee
associated with a Request for Replacement, including submitting
incremental replacement status messages and money settlement would be
$5.00 per Request for Replacement. The cost would be divided between
the carriers associated with the transaction with the Receiving Carrier
responsible for $3.75 per transaction, which is three-fourths of the
cost of the Replacement service, and the Delivering Carrier responsible
for the remaining $1.25 fee, which is one-fourth of the cost. The fee
associated with obtaining the status of a pending Request for
Replacement, including incremental statuses, would be $1.00 per pending
status request. The cost would be divided evenly between the Receiving
Carrier and the Distributor, each of which would be responsible for
paying a fee of $0.50.
3. Implementation Timeframe
    NSCC intends for the Replacement service to be implemented on or
after January 1, 2011. Members would be advised of the specific
implementation date through the issuance of an NSCC Important Notice.
    NSCC states that the proposed rule change is consistent with the
requirements of Section 17A of the Act \2\ and the rules and
regulations thereunder because it will assist NSCC's Members in
processing Replacements in a timely and efficient manner. NSCC further
states that the proposed rule change is also consistent with
Recommendation 15 of the CPSS/IOSCO Recommendations for Securities
Settlement Systems in that the Replacement service should reduce manual
errors, lower costs, and increase the speed of processing Replacements
through the use of automation.
---------------------------------------------------------------------------

    \2\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

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

    NSCC believes that the proposed rule change will not impose any
burden on competition 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

    NSCC has not solicited or received written comments relating to the
proposed rule change. NSCC will notify the Commission of any written
comments it receives.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
     Electronic comments may be submitted by using the
Commission's Internet comment form http://www.sec.gov/rules/sro.shtml,
or send an e-mail to<EMAIL_ADDRESS>Please include File No. SR-
NSCC-2010-15 on the subject line.
     Paper comments should be sent 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 No. SR-NSCC-2010-15. 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 NSCC's principal office and NSCC's Web site http://
www.dtcc.com/legal/rule_filings/nscc/2010.php. 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 submission
should refer to File No. SR-NSCC-2010-15 and should be submitted within
December 21, 2010 days after the date of publication.\3\
---------------------------------------------------------------------------

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

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-30088 Filed 11-29-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Notices]
[Pages 60201-60204]
[FR Doc No: 2015-25184]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76022; File No. SR-NYSEMKT-2015-68]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Modifying Certain
Proprietary Options Data Products

September 29, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 18, 2015, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to modify certain proprietary options data
products. The text of the proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify certain proprietary options data
products.

    The Exchange currently offers the following real-time options
market data feeds through its ArcaBook for Amex Options data product
(collectively, ``Current Options Products''): \3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 67719 (August 23,
2012), 77 FR 52767 (August 30, 2012) (SR-NYSEMKT-2012-40) (proposing
to offer certain proprietary options data products).
---------------------------------------------------------------------------

     ``ArcaBook for Amex Options--Trades'' makes available NYSE
Amex Options last sale information on a real-time basis as it is
reported to the Options Price Reporting Authority (``OPRA'') and
disseminated on a consolidated basis under the OPRA Plan.\4\
---------------------------------------------------------------------------

    \4\ The OPRA Plan is a national market system plan approved by
the Securities and Exchange Commission (``Commission'') pursuant to
section 11A of the Securities Exchange Act of 1934 (the ``Act'') and
Rule 608 thereunder (formerly Rule 11Aa3-2). See Securities Exchange
Act Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March
31, 1981). The full text of the OPRA Plan is available at http://www.opradata.com. The OPRA Plan provides for the collection and
dissemination of last sale and quotation information on options that
are traded on the participant exchanges. Section 5.2(c) of the OPRA
Plan also permits OPRA Plan participants to disseminate
unconsolidated market information to certain of their members under
certain circumstances.
---------------------------------------------------------------------------

     ``ArcaBook for Amex Options--Top of Book'' makes available
NYSE Amex Options best bids and offers (``BBO'') (including orders and
quotes) on a real-time basis as reported to OPRA and disseminated on a
consolidated basis under the OPRA Plan.
     ``ArcaBook for Amex Options--Series Status'' makes
available series status messages for each individual options series
(and in the case of complex orders, per-instrument) relating to events
such as a delayed opening or trading halt.
     ``ArcaBook for Amex Options--Order Imbalance'' makes
available order imbalance information prior to the opening of the
market and during a trading halt.
     ``ArcaBook for Amex Options--Depth of Book'' makes
available NYSE Amex Options quotes and orders at the first five price
levels in each series on a real-time basis.
     ``ArcaBook for Amex Options--Complex'' makes available
NYSE Amex Options quote and trade information (including orders/quotes,
requests for responses, and trades) for the complex order book on a
real-time basis.\5\
---------------------------------------------------------------------------

    \5\ See Rule 6.62(e), which defines complex orders, and Rule
6.91, that describes electronic complex order trading, including
requests for responses.
---------------------------------------------------------------------------

    The Exchange charges a single fee for its ArcaBook for Amex Options
data product, which includes all six of the Current Options Products.
The Exchange also charges a separate fee for ArcaBook for Amex
Options--Complex for subscribers that seek to obtain this Current
Options Product on a standalone basis.\6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 68004 (Oct. 9,
2012), 77 FR 62582 (Oct. 15, 2012) (SR-NYSEMKT-2012-49)
(establishing fees for certain proprietary options market data
products). See also Securities Exchange Act Release Nos. 69524 (May
6, 2013), 78 FR 27459 (May 10, 2013) (SR-NYSEMKT-2013-35)
(establishing a schedule of NYSE Amex Options proprietary market
data fees); 69553 (May 10, 2013), 78 FR 28926 (May 16, 2013) (SR-
NYSEMKT-2013-40) (establishing non-display usage fees and amending
the professional end-user fees); 71934 (April 11, 2014), 79 FR 21818
(April 17, 2014) (SR-NYSEMKT-2014-30) (amending the professional
user fees); 73008 (Sept. 5, 2014), 79 FR 65325 [sic] (Sept. 11,
2014) (SR-NYSEMKT-2014-73) (amending fees for non-display use); and
73589 (Nov. 13, 2014), 79 FR 68933 (Nov. 19, 2014) (SR-NYSEMKT-2014-
94) (establishing fees for the complex order book feed).
---------------------------------------------------------------------------

    The Exchange proposes to modify the Current Options Products as
follows:
    First, the Exchange proposes to combine in one market data product,
called ``Amex Options Top,'' the data made available currently in
``ArcaBook for Amex Options--Trades,'' ``ArcaBook for Amex Options--Top
of Book,'' ``ArcaBook for Amex Options--Series Status,'' and ``ArcaBook
for Amex Options--Order Imbalance.'' Offering a data product that
combines, in one market data product, last sale data, BBO, and order
imbalance information and series status messages, would provide greater
efficiencies and better sequencing for vendors and subscribers that
currently choose to integrate the data after receiving it from the
Exchange. As with ArcaBook for Amex Options--Trades and ArcaBook for
Amex Options--Top of Book, Amex Options Top would provide last sale and
BBO information on a real-time basis as reported to OPRA and
disseminated on a consolidated basis under the OPRA Plan.\7\ Other
exchanges offer options data products that similarly combine data
elements.\8\
---------------------------------------------------------------------------

    \7\ See supra note 4. The manner in which the Exchange proposes
to disseminate the products would comply with section 5.2(c) of the
OPRA Plan, pursuant to which the Exchange may not disseminate the
products ``on any more timely basis than the same information is
furnished to the OPRA System for inclusion in OPRA's consolidated
dissemination of Options Information.''
    \8\ For example, Chicago Board Options Exchange (``CBOE'') and
NASDAQ Options Market (``NOM'') and NASDAQ OMX PHLX LLC (``PHLX'')
offer proprietary products that include both last sale and BBO
information. See, e.g., Securities Exchange Act Release No. 73955
(Dec. 30, 2014), 80 FR 598 (Jan. 6, 2015) (SR-CBOE-2014-094); NOM
Rules, Chapter VI, Section 1(a)(3) and Securities Exchange Act
Release No. 64652 (June 13, 2011), 76 FR 35498 (June 17, 2011) (SR-
NASDAQ-2011-075); and Securities Exchange Act Release No. 67352
(July 5, 2012), 77 FR 40930 (July 11, 2012) (SR-Phlx-2012-83),
respectively.
---------------------------------------------------------------------------

    Second, the Exchange proposes to modify ``ArcaBook for Amex
Options--Depth of Book'' market data product so that quotes and orders
would be available at the first three price levels in each series on a
real-time basis rather than at the first five price levels. The
Exchange also proposes to change the name of this product to ``Amex
Options Deep.'' The Exchange believes that reducing the number of
levels in the feed will reduce the size of the messages by a
significant amount, which the Exchange anticipates will reduce
customers' bandwidth needs while retaining the functionality of this
product.
    Finally, the Exchange proposes to change the name of the ``ArcaBook
for Arca [sic] Options--Complex'' market data product to ``Arca [sic]
Options Complex.''
    The proposed Amex Options Top, Amex Options Deep and Amex Options
Complex market data products (the ``Amex Options Products'') would be
distributed in a new format, Exchange Data Protocol (XDP), aligning the
format of the Amex Options Products with that of other market data
products offered by the Exchange. This format change would not affect
the real-time data content other than as described herein.
    The Exchange does not propose to make any changes to the fees. The
single fee charged for the Current Options Products that comprise the
ArcaBook for Amex Options market data product would similarly apply to
subscribers to of all three proposed market data products--Amex Options
Top, Amex Options Deep and Amex Options Complex. The standalone fee
that now applies to ``ArcaBook for Amex Options--Complex,'' would
likewise apply to Amex Options Complex market data product. The
Exchange proposes to change the references to the names of the products
in the NYSE Amex Options Proprietary Market Data Fee Schedule to the
names of the products as proposed.
    As with the Current Options Products, each of the Amex Options
Products would be offered through the Exchange's Liquidity Center
Network (``LCN''), a local area network in the Exchange's Mahwah, New
Jersey data center that is available to users of the Exchange's co-
location services. The Exchange would also offer the products through
the Exchange's Secure Financial Transaction Infrastructure (``SFTI'')
network, through which all other users and member organizations access
the Exchange's trading and execution systems and other proprietary
market data products.
    The Exchange will announce the date that the Amex Options Products
will be available through an NYSE Market Data Notice.

    The proposed change is not intended to address any issues other
than those described herein, and the Exchange is not aware of any
problems that vendors or subscribers would have in complying with the
proposed change.
2. Statutory Basis
    The proposed rule change is consistent with section 6(b) \9\ of the
Act, in general, and furthers the objectives of section 6(b)(5) \10\ of
the Act, in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest, and it is not designed to permit unfair discrimination
among customers, brokers, or dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange also believes this proposal is consistent with section
6(b)(5) of the Act because it protects investors and the public
interest and promotes just and equitable principles of trade by
providing investors with improved options for receiving market data.
The proposed rule changes would benefit investors by facilitating their
prompt access to the real-time information contained in the Amex
Options Products.
    In particular, the Exchange believes that combining last sale data,
best bids and offers, order imbalance information and series status
messages in the Amex Options Top product is reasonable because it would
provide greater efficiencies and reduce errors for vendors and
subscribers that currently choose to integrate the data after receiving
it from the Exchange. In addition, the change to the Amex Options Deep
product reflects the interests and needs of vendors by streamlining the
product using smaller message sizes. The changes are reasonable because
they would provide vendors and subscribers with higher quality market
data products.
    In adopting Regulation NMS, the Commission granted self-regulatory
organizations and broker-dealers increased authority and flexibility to
offer new and unique market data to consumers of such data. It was
believed that this authority would expand the amount of data available
to users and consumers of such data and also spur innovation and
competition for the provision of market data. The Exchange believes
that the options data product changes proposed herein are precisely the
sort of market data product evolutions that the Commission envisioned
when it adopted Regulation NMS. The Commission concluded that
Regulation NMS--by lessening regulation of the market in proprietary
data--would itself further the Act's goals of facilitating efficiency
and competition:

    [E]fficiency is promoted when broker-dealers who do not need the
data beyond the prices, sizes, market center identifications of the
NBBO and consolidated last sale information are not required to
receive (and pay for) such data. The Commission also believes that
efficiency is promoted when broker-dealers may choose to receive
(and pay for) additional market data based on their own internal
analysis of the need for such data.\11\
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).

    By removing ``unnecessary regulatory restrictions'' on the ability
of exchanges to sell their own data, Regulation NMS advanced the goals
of the Act and the principles reflected in its legislative history.
    The Exchange further notes that the existence of alternatives to
the Exchange's products, including real-time consolidated data, free
delayed consolidated data, and proprietary data from other sources,
ensures that the Exchange is not unreasonably discriminatory because
vendors and subscribers can elect these alternatives.
    The proposed options data products will help to protect a free and
open market by providing additional data to the marketplace and give
investors greater choices. In addition, the proposal would not permit
unfair discrimination because the products will be available to all of
the Exchange's customers and broker-dealers through both the LCN and
SFTI.

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

    In accordance with section 6(b)(8) of the Act,\12\ 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. The market for proprietary data products is
currently competitive and inherently contestable because there is
fierce competition for the inputs necessary to the creation of
proprietary data. Numerous exchanges compete with each other for
listings, trades, and market data itself, providing virtually limitless
opportunities for entrepreneurs who wish to produce and distribute
their own market data. This proprietary data is produced by each
individual exchange, as well as other entities (such as internalizing
broker-dealers and various forms of alternative trading systems,
including dark pools and electronic communication networks), in a
vigorously competitive market. It is common for market participants to
further and exploit this competition by sending their order flow and
transaction reports to multiple markets, rather than providing them all
to a single market.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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 Exchange has filed the proposed rule change pursuant to section
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\16\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

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

under section 19(b)(2)(B) \17\ of the Act to determine whether the
proposed rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2015-68 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEMKT-2015-68. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NYSEMKT-2015-
68, and should be submitted on or before October 26, 2015.
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-25184 Filed 10-2-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Rules and Regulations]
[Pages 55045-55047]
[FR Doc No: 2017-25003]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31164; Amdt. No. 3774]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective November 20, 2017. The compliance date
for each SIAP, associated Takeoff Minimums,

and ODP is specified in the amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 20, 2017.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Procedures Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    This rule amends Title 14, Code of Federal Regulations, Part 97 (14
CFR part 97) by amending the referenced SIAPs. The complete regulatory
description of each SIAP is listed on the appropriate FAA Form 8260, as
modified by the National Flight Data Center (NFDC)/Permanent Notice to
Airmen (P-NOTAM), and is incorporated by reference under 5 U.S.C.
552(a), 1 CFR part 51, and 14 CFR 97.20. The large number of SIAPs,
their complex nature, and the need for a special format make their
verbatim publication in the Federal Register expensive and impractical.
Further, airmen do not use the regulatory text of the SIAPs, but refer
to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP contained on FAA form documents is unnecessary.
    This amendment provides the affected CFR sections, and specifies
the SIAPs and Takeoff Minimums and ODPs with their applicable effective
dates. This amendment also identifies the airport and its location, the
procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this 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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on November 3, 2017.
John S. Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, Part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

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      AIRAC date           State             City                 Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
7-Dec-17..............  WI           Madison.............  Dane County Rgnl-          7/2283     10/13/17  This NOTAM, published in TL 17-25, is hereby
                                                            Truax Field.                                    rescinded in its entirety.
7-Dec-17..............  WI           Madison.............  Dane County Rgnl-          7/0272     10/13/17  ILS OR LOC/DME RWY 36, Amdt 2.
                                                            Truax Field.
7-Dec-17..............  AR           Magnolia............  Ralph C Weiser Field       7/2631     10/19/17  RNAV (GPS) RWY 18, Orig-A.
7-Dec-17..............  MN           Faribault...........  Faribault Muni......       7/2688     10/25/17  RNAV (GPS) RWY 12, Amdt 1B.
7-Dec-17..............  MN           Faribault...........  Faribault Muni......       7/2689     10/25/17  RNAV (GPS) RWY 30, Amdt 1C.
7-Dec-17..............  MN           Faribault...........  Faribault Muni......       7/2690     10/25/17  VOR-A, Amdt 6A.
7-Dec-17..............  SD           Rapid City..........  Rapid City Rgnl.....       7/3356     10/19/17  ILS OR LOC RWY 32, Amdt 21.
7-Dec-17..............  PA           Pottstown...........  Heritage Field......       7/4087     10/19/17  LOC RWY 28, Amdt 3.
7-Dec-17..............  CA           Bakerfield..........  Meadows Field.......       7/4419     10/23/17  RNAV (GPS) RWY 30R, Amdt 2.
7-Dec-17..............  TX           Houston.............  George Bush                7/6422     10/23/17  RNAV (GPS) Z RWY 9, Amdt 5A.
                                                            Intercontinental/
                                                            Houston.
7-Dec-17..............  GA           Atlanta.............  Paulding Northwest         7/6439     10/19/17  RNAV (GPS) RWY 13, Amdt 1.
                                                            Atlanta.
7-Dec-17..............  MS           Bay St Louis........  Stennis Intl........       7/9219     10/19/17  NDB RWY 18, Amdt 2.
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[FR Doc. 2017-25003 Filed 11-17-17; 8:45 am]
 BILLING CODE 4910-13-P