[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44214-44216]
[FR Doc No: 2020-15701]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0069; FRL-10012-13-Region 4]

Air Plan Approval; Georgia: Air Quality Control, VOC Definition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Georgia
through the Georgia Environmental Protection Division on October 18,
2019. This revision modifies the State's air quality regulations as
incorporated into the SIP by changing the definition of ``volatile
organic compound'' (VOC) to be consistent with federal regulations. EPA
is approving this SIP revision because the State has demonstrated that
these changes are consistent with the Clean Air Act (CAA or Act).

DATES: This rule is effective August 21, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0069. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information 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 can either
be retrieved electronically via www.regulations.gov, or in hard copy at
the Air Regulatory Management Section, Air Planning and Implementation
Branch, Air and Radiation Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960.
EPA requests that if at all possible, you contact the person listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving the change to the Georgia SIP submitted by the
State of Georgia through a letter dated October 18, 2019 \1\ that
revises the definition of ``volatile organic compound'' at subparagraph
(llll) of Rule 391-3-1-.01--``Definitions'' by adding cis-1,1,1,4,4,4-
hexafluorobut-2-ene (HFO-1336mzz-Z) to the list of organic

compounds having negligible photochemical reactivity.\2\
---------------------------------------------------------------------------

    \1\ EPA received Georgia's SIP revision on October 24, 2019.
    \2\ On October 18, 2019, Georgia submitted other SIP revisions
which will be addressed in separate actions.
---------------------------------------------------------------------------

II. Analysis of State Submission

    Tropospheric ozone, commonly known as smog, occurs when VOC and
nitrogen oxides (NOx) react in the atmosphere in the presence of
sunlight. Because of the harmful health effects of ozone, EPA and state
governments implement rules to limit the amount of certain VOC and NOx
that can be released into the atmosphere. VOC have different levels of
reactivity; they do not react at the same speed or form ozone to the
same extent. The CAA requires the regulation of VOC for various
purposes. Section 302(s) of the CAA specifies that EPA has the
authority to define the meaning of ``VOC'' under the Act and, hence,
what compounds shall be treated as VOC for regulatory purposes.
    EPA determines whether a given carbon compound has ``negligible''
reactivity by comparing the compound's reactivity to the reactivity of
ethane. It is EPA's policy that compounds of carbon with negligible
reactivity be excluded from the regulatory definition of VOC. See 42 FR
35314 (July 8, 1977), 70 FR 54046 (September 13, 2005). EPA lists these
compounds in its regulations at 40 CFR 51.100(s) and excludes them from
the definition of VOC. The chemicals on this list are often called
``negligibly reactive.'' EPA may periodically revise the list of
negligibly reactive compounds to add or delete compounds. Georgia
submitted this SIP revision in response to EPA adding cis-1,1,1,4,4,4-
hexafluorobut-2-ene to the exclusion list at 40 CFR 51.100(s). See 83
FR 61127 (January 28, 2019). EPA finds that this change to the SIP will
not interfere with attainment or maintenance of any national ambient
air quality standard, reasonable further progress, or any other
applicable requirement of the CAA, consistent with CAA section 110(l),
because EPA has found this chemical to be negligibly reactive.
    In a notice of proposed rulemaking (NPRM) published on May 1, 2020
(85 FR 25381), EPA proposed to approve Georgia's SIP submission
provided on October 18, 2019. The NPRM provides additional detail
regarding the background and rationale for EPA's action. Comments on
the NPRM were due on or before June 1, 2020. EPA received no adverse
comments on the NPRM.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Georgia Rule
391-3-1-.01--``Definitions,'' Subparagraph (llll)--``Volatile organic
compound,'' state-effective September 26, 2019, to revise this
definition by adding cis-1,1,1,4,4,4- hexafluorobut-2-ene (HFO-1336mzz-
Z) to the list of organic compounds having negligible photochemical
reactivity. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 4
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving Georgia's October 18, 2019, SIP submission, which
revises the definition of ``volatile organic compound'' at subparagraph
(llll) of Rule 391-3-1-.01--``Definitions'' by adding cis-1,1,1,4,4,4-
hexafluorobut-2-ene (HFO-1336mzz-Z) to the list of organic compounds
having negligible photochemical reactivity.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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);
     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 CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule

cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 21, 2020. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: July 15, 2020.
Mary Walker,
Regional Administrator, Region 4.
    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 L--Georgia

0
2. In Sec.  52.570, amend the table in paragraph (c) by revising the
entry for ``391-3-1-.01'' to read as follows:

Sec.  52.570   Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                                   State        EPA approval
        State citation                  Title/subject         effective date        date           Explanation
----------------------------------------------------------------------------------------------------------------
391-3-1-.01...................  Definitions.................       9/26/2019  7/22/2020,        Except the first
                                                                               [Insert           paragraph,
                                                                               citation of       sections (a)-
                                                                               publication].     (nn), (pp)-
                                                                                (ccc), (eee)-
                                                                                (jjj), (nnn)-
                                                                                (bbbb), (dddd)-
                                                                                (kkkk), (mmmm),
                                                                                (rrrr)-(ssss),
                                                                                approved on 12/
                                                                                4/2018 with a
                                                                                State-effective
                                                                                date of 7/20/
                                                                                2017; sections
                                                                                (ddd) and
                                                                                (cccc) approved
                                                                                on 2/2/1996
                                                                                with a State-
                                                                                effective date
                                                                                of 11/20/1994;
                                                                                (nnnn),
                                                                                approved on 1/5/
                                                                                2017 with a
                                                                                State-effective
                                                                                date of 8/14/
                                                                                2016; and
                                                                                sections
                                                                                (oooo), (pppp),
                                                                                (qqqq)1., and
                                                                                (qqqq)3.
                                                                                through
                                                                                (qqqq)8., which
                                                                                are not in the
                                                                                SIP.

                                                  * * * * * * *
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* * * * *
[FR Doc. 2020-15701 Filed 7-21-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Notices]
[Pages 27854-27856]
[FR Doc No: E9-13721]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60045; File No. SR-NYSE-2009-55]

Self-Regulatory Organizations; New York Stock Exchange LLC,
Notice of Filing of a Proposed Rule Change Amending Rule 70.25 To
Permit All Available Contra-side Liquidity To Trigger the Execution of
a d-Quote

June 4, 2009.
    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 June 2, 2009, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') 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 by NYSE. 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 Rule 70.25 to permit all available
contra-side liquidity to trigger the execution of a d-Quote. The text
of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and http://www.nyse.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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend NYSE Rule 70.25(c)(iii) to provide
that all available contra-side liquidity within the possible execution
range of a d-Quote will be considered when determining whether to
activate a d-Quote.\3\
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    \3\ The Exchange notes that parallel changes are proposed to be
made to the rules of NYSE Amex LLC. See SR-NYSEAmex-2009-24.
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Background

    Rule 70.25 governs the entry, validation, and execution of bids and
offers represented by a Floor broker on the Floor of the Exchange via
agency interest files (``e-Quotes'') that include discretionary
instructions as to size and/or price (``d-Quotes''). The discretionary
instructions that a Floor broker may include with an e-Quote can relate
to the price at which the d-Quote may trade and the number of shares to
which the discretionary price instruction applies.
    Rule 70.25(c) provides that a Floor broker may designate the amount
of his or her e-Quote to which discretionary pricing instructions
apply. Floor brokers may also designate a minimum or maximum size of
contra-side volume with which the Floor broker is willing to trade
using discretionary pricing instructions. However, under current Rule
70.25(c)(iii), Exchange systems currently look only at the contra-side
displayed interest on the Display Book[supreg] \4\ (``Book'') to
determine whether the contra-side volume is within the d-Quote's
discretionary size range. Therefore, the displayed bid or offer must
meet the minimum volume of the d-Quote before a d-Quote can be
activated.
---------------------------------------------------------------------------

    \4\ The Display Book system is an order management and execution
facility. The Display Book system receives and displays orders to
the DMMs, contains the Book, and provides a mechanism to execute and
report transactions and publish results to the Consolidated Tape.
The Display Book system is connected to a number of other Exchange
systems for the purposes of comparison, surveillance, and reporting
information to customers and other market data and national market
systems.
---------------------------------------------------------------------------

    For example, assuming the Exchange Best Bid and Offer (``BBO'') is
.05 bid for 1,000 shares and offering 1,000 shares at .08, a d-Quote
bidding for .05 with four cents of price discretion and a minimum share
volume subject to such discretionary pricing instructions of 4,000
shares would not be activated because the displayed offer of 1,000
shares is not sufficient to fill the discretionary size instructions.
Accordingly, that d-Quote would not trade.
    Similarly, the d-Quote would not be activated even if the Book has
contra-side undisplayed interest that could meet both the discretionary
pricing and volume instructions of the d-Quote. Taking the same example
as above, if

Exchange systems have 3,000 shares offered at .09, which is not part of
the displayed offer but is both within the discretionary pricing and
volume instructions of the d-Quote (1,000 shares at the displayed offer
at .08 plus 3,000 shares of contra-side volume at .09 meets the 4,000
minimum size and price instruction of the d-Quote), the d-Quote would
not trade. Or, if in addition to the 1,000 shares offered at .08 that
is displayed, there is an additional 3,000 shares offered at .08 in
reserve interest, notwithstanding that the displayed offer and reserve
interest at the .08 price point would meet the discretionary volume
instructions of the d-Quote, the d-Quote would not trade.
    The Exchange notes that decreasing the minimum discretionary size
of the d-Quote would not permit the d-Quote to trade with the contra-
side liquidity because the discretionary pricing instructions of a d-
Quote are active only for that portion of an e-Quote that also has
discretionary size instructions.\5\ For example, if a d-Quote for 1,000
shares has a discretionary price range of .04 and a minimum volume of
100 shares, in the above example, only those 100 shares would trade
against the displayed offer. The remaining 900 shares would be treated
as an e-Quote bid for .05 and would not be eligible to trade with the
displayed offer or any other interest within the discretionary price
instructions.
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    \5\ See Rule 70.25(a)(iv) (``Discretionary instructions will be
applied only if all d-Quoting prerequisites are met. Otherwise, the
d-Quote will be handled as a regular e-Quote, notwithstanding the
fact that the Floor broker has designated the e-Quote as a d-
Quote.'').
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Proposed Amendment

    The Exchange proposes to amend Rule 70.25(c)(iii) to remove the
restriction that only the displayed interest will be considered when
determining whether the contra-side volume is within the discretionary
pricing instructions of the d-Quote. The Exchange believes that all
interest willing to trade at certain price points should be permitted
to trade. Because Exchange systems have both displayed and undisplayed
liquidity, considering only displayed contra-side liquidity does not
take into account the true state of liquidity when determining whether
to activate a d-Quote. The current rule therefore restricts which
interest may be considered rather than allow willing interest to
interact.
    As proposed, if all available contra-side volume within the
discretionary price and size instructions of a d-Quote is considered,
such d-Quote will trade against such contra-side liquidity in the same
manner that a market order or a marketable limit order would execute
against such available contra-side liquidity. For example, assuming
that the Exchange BBO is still .05 bid for 1,000 shares and offering
1,000 shares at .08, if a market order or marketable limit order to buy
4,000 shares entered Exchange systems, such order would trade not only
with the displayed offer of .08, but would also trade with any reserve
interest that is better than the displayed offer (e.g., if there is
non-displayed interest offered at .07), reserve interest at the price
of the displayed offer, and if there is insufficient liquidity at the
displayed offer price or better, the market order would sweep up the
Book. Similarly, as proposed, if the d-Quote bid for .05 had four cents
of price discretion for a minimum size of 4,000 shares, that d-Quote
would interact with the market the same as a market order or a
marketable limit order to buy 4,000 shares.
    The Exchange notes that the d-Quote functionality sought with this
rule proposal provides Floor brokers with functionality similar to that
previously available to Floor brokers. As permitted by former Rule
123A.30(a), a CAP-DI order was the elected or converted portion of a
percentage order that was convertible on a destabilizing tick and
designated for immediate execution or cancel election. When elected, a
CAP-DI order would have automatically executed against any contra-side
volume available at the electing price and was eligible to participate
in a sweep. The Rule 70.25(c)(iii) limitation that only displayed
interest is considered when determining whether the contra-side volume
meets the d-Quotes discretionary size instructions was added during a
time when Floor brokers still had the ability to enter CAP-DI orders.
    In connection with the Next Generation Market Model, the Exchange
eliminated CAP orders in part because the manner in which such orders
were processed impeded the efficiency of the Book.\6\ Accordingly,
Floor brokers no longer have the capability to enter an order into
Exchange systems that would be elected at certain price points and then
be eligible to trade with any available contra-side liquidity.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 58845 (Oct. 24,
2008), 73 FR 64379 (Oct. 29, 2008) (SR-NYSE-2008-46).
---------------------------------------------------------------------------

    The Exchange notes that, when it eliminated CAP orders, it did not
have the technology to permit d-Quotes to fully replicate the
functionality of a CAP order. Moreover, when d-Quote functionality was
introduced in October 2006, the Exchange did not offer the ability to
enter fully dark reserve interest. Since that time, the Exchange has
added two new order types, the Minimum Display Reserve Order and the
Non-Displayable Reserve Order.\7\ By restricting d-Quotes to be active
only when the displayed interest meets the discretionary size
instructions, d-Quotes are limited in their ability to interact with
the type of liquidity that exists at the Exchange.
---------------------------------------------------------------------------

    \7\ See id.
---------------------------------------------------------------------------

    The Exchange therefore believes that the modernization of d-Quote
functionality proposed in this rule filing enables willing interest to
trade with all willing contra-side liquidity, including reserve
interest, which will result in greater executed volume, better fill
rates, new price improvement opportunities for incoming orders, and
improved overall market quality. Additionally, the proposed
functionality for d-Quotes is consistent with the initial purpose of
providing Floor brokers with functionality to replicate the
functionalities and characteristics that Floor brokers exercised in an
auction-market model and to modernize such tools as the manner of
trading at the Exchange evolves. As such, this enhancement does not
expand functionality available to Floor brokers but merely restores
functionality that previously existed, albeit in a slightly different
format.
    The Exchange further believes that providing this improved
functionality provides customers with a greater array of execution and
representation choices when routing an order to the Exchange. For
example, a customer currently can choose, among others, to: route an
order directly to the Book electronically from an off-Floor location;
Route an order to a Floor broker for the Floor broker to represent on
the Floor of the Exchange; or, route an order to the New York Block
Exchange (``NYBX Facility''), an Exchange facility that allows for the
interaction of non-displayed liquidity with the aggregate of displayed
and non-displayed liquidity on the Book.\8\ Each option provides
different benefits for the customer. For example, routing an order
directly to Exchange systems provides the benefit of an ultra low
latency execution, which is particularly important for an
algorithmically-driven trading strategy. Additionally, a customer may
choose to use a Floor broker because that customer wants the benefit of
that broker's expertise in managing complex orders, performing price
discovery, and exercising discretion at the point of sale. Similarly,

a customer may choose to route an order to NYBX in order to include
more flexible instructions in the order. For example, an order entered
in the NYBX Facility can include a minimum triggering volume (``MTV'')
instruction, which would require that the Book have sufficient contra-
side liquidity before the order in NYBX attempts to execute. No
execution of an NYBX order will be attempted if the MTV is not met.
---------------------------------------------------------------------------

    \8\ See Rule 1600.
---------------------------------------------------------------------------

    The Exchange believes that the proposed d-Quote functionality is
similar to how orders in the NYBX Facility are treated, in that orders
in that facility do not require the Exchange contra-side liquidity to
be at the Exchange BBO before the NYBX order is triggered for
execution. Therefore, the benefit from this proposed d-Quote
functionality is already available in another form to customers via the
NYBX Facility. By modernizing d-Quote functionality, the Exchange is
therefore not only replacing functionality that was previously
eliminated, but is also providing customers who elect to use a Floor
broker with functionality that is already available in another format,
thereby meeting the diverse needs of all customers.
2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act \9\ which requires the rules of an exchange to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, to protect investors and the public interest. The
proposed rule change also is designed to support the principles of
Section 11A(a)(1) \10\ of the Act in that it seeks to assure fair
competition among brokers and dealers and among exchange markets and
the practicability of brokers executing investor's orders in the best
market. The Exchange believes that permitting d-Quotes to consider all
available contra-side liquidity when determining whether the
discretionary size range of the d-Quote has been met meets such goals
because it ensures that customer orders eligible to trade will execute
against willing contra-side liquidity.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

    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 self-regulatory organization consents, the Commission will:
    (A) By order approve the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.
    The Exchange has requested accelerated approval of this proposed
rule change prior to the 30th day after the date of publication of the
notice in the Federal Register. The Commission is considering granting
accelerated approval of the proposed rule change at the end of a 21-day
comment period.

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-NYSE-2009-55 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2009-55. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 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 NYSE. 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 publicly available. All
submissions should refer to File Number SR-NYSE-2009-55 and should be
submitted on or before July 2, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-13721 Filed 6-10-09; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Notices]
[Page 43209]
[FR Doc No: 2010-18071]

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SECURITIES AND EXCHANGE COMMISSION

[Rule 17a-1; SEC File No. 270-244; OMB Control No. 3235-0208]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 17a-1, SEC File No. 270-244, OMB Control No. 3235-0208.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17a-1 (17 CFR 240.17a-1)
under the Securities Exchange Act of 1934, as amended (the ``Act'') (15
U.S.C. 78a et seq.). The Commission plans to submit this existing
collection of information to the Office of Management and Budget for
extension and approval.
    Rule 17a-1 requires that every national securities exchange,
national securities association, registered clearing agency, and the
Municipal Securities Rulemaking Board keep on file for a period of not
less than five years, the first two years in an easily accessible
place, at least one copy of all documents, including all
correspondence, memoranda, papers, books, notices, accounts, and other
such records made or received by it in the course of its business as
such and in the conduct of its self-regulatory activity, and that such
documents be available for examination by the Commission.
    There are 22 entities required to comply with the rule: 14 national
securities exchanges, 1 national securities association, 6 registered
clearing agencies, and the Municipal Securities Rulemaking Board. The
Commission staff estimates that the average number of hours necessary
for compliance with the requirements of Rule 17a-1 is 50 hours per
year. In addition, 4 national securities exchanges notice-registered
pursuant to Section 6(g) of the Act (15 U.S.C. 78f(g)) are required to
preserve records of determinations made under Rule 3a55-1 under the Act
(17 CFR 240.3a55-1), which the Commission staff estimates will take 1
hour per exchange, for a total of 4 hours. Accordingly, the Commission
staff estimates that the total number of hours necessary to comply with
the requirements of Rule 17a-1 is 1,104 hours. The average cost per
hour is $59. Therefore, the total cost of compliance for all
respondents is $65,136.
    Written comments are invited on (a) Whether the proposed collection
of information is necessary for the proper performance of the functions
of the Commission, including whether the information shall have
practical utility; (b) the accuracy of the Commission's estimate of the
burden of the proposed collection of information; (c) ways to enhance
the quality, utility, and clarity of the information to be collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to: Charles Boucher, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312 or send
an e-mail to<EMAIL_ADDRESS>
    Dated: July 19, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-18071 Filed 7-22-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: May 1, 2007 (Volume 72, Number 83)]
[Notices]
[Page 23808]
[DOCID:fr01my07-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ07-3-000]

Basin Electric Power Cooperative; Notice of Filing

April 24, 2007.
    Take notice that on April 16, 2007, Basin Electric Cooperative
filed revised tariff sheets to its non-jurisdictional open-access
transmission reciprocity tariff, FERC Electric Tariff, Original Volume
No. 1, to comply with paragraph 139 of Order No. 890 and the
Commission's April 11, 2007 Order.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on May 7, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-8215 Filed 4-30-07; 8:45 am]

BILLING CODE 6717-01-P