[Federal Register: May 14, 2007 (Volume 72, Number 92)]
[Notices]
[Page 27093-27094]
[DOCID:fr14my07-22]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

DEPARTMENT OF ENERGY

ENVIRONMENTAL PROTECTION AGENCY

[Docket No. EPA-HQ-OAR-2006-0957]

NUCLEAR REGULATORY COMMISSION

Multi-Agency Radiation Survey and Assessment of Materials and
Equipment Manual

AGENCY: Department of Defense, Department of Energy, Environmental
Protection Agency, and the Nuclear Regulatory Commission.

ACTION: Notice of availability: Reopening of public comment period.

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

SUMMARY: On January 16, 2007 (72 FR 1708) the Department of Defense
(DoD), Department of Energy (DOE), U.S. Environmental Protection Agency
(EPA), and the U.S. Nuclear Regulatory Commission (NRC) announced for
public comment the availability of a draft document, entitled the
``Multi-Agency Radiation Survey and Assessment of Materials and
Equipment Manual'' (MARSAME). A 90-day comment period was provided for
the draft MARSAME that expired on April 16, 2007. A request for an
extension to the comment period has been received from several
stakeholders. The comment period for the draft manual has been reopened
for an additional 30 days.

DATES: The comment period for the draft manual has been reopened and
now expires on June 13, 2007. Comments received after that date will be
considered if it is practical to do so, but no assurance can be given
for consideration of late comments.

ADDRESSES: Submit your comments by one of the methods:
     http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
     http://www.marsame.org: Follow the on-line instructions

for submitting comments.
     Mail: Air and Radiation Docket and Information Center,
U.S. Environmental Protection Agency, Mail Code 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460 or Chief, Rulemaking,
Directives and Editing Branch, Division of Administrative Services,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
     Hand Delivery: Air and Radiation Docket and Information
Center, U.S. Environmental Protection Agency, EPA West Building, Room
3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements must be made for deliveries of boxed information.
    Copies of all comments received by one agency will be periodically
copied and sent to the others. Copies of the draft MARSAME and all
comments received may be examined or copied for a fee electronically in
http://www.regulations.gov, or in hard copy at the HQ EPA Docket Public

Reading Room, U.S. Environmental Protection Agency, Room 3334, Docket
ID No. EPA-HQ-OAR-2006-0957, 1301 Constitution Ave., NW., Washington,
DC 20460, and the NRC Public

Document Room, 11555 Rockville Pike, Rockville, Maryland 20852-2747.
The HQ EPA Docket Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the EPA HQ Docket Public Reading Room is<PHONE_NUMBER>.
DOE, EPA, and NRC each have a publication number for MARSAME. They are:
For DOE, DOE/EH-707; for EPA, EPA 402-R-06-002; for NRC, NUREG-1575,
Sup. 1. A free single copy of the draft MARSAME may be requested by
writing to: Distribution and Mail Services Section, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001 or by fax to (301)
415-2289. The document is also available through the Internet at:
http://www.epa.gov/radiation/marssim.

    Instructions for Using the EPA Docket: Direct your comments to
Docket ID No. EPA-HQ-OAR-2006-0957. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at http://www.regulations.gov, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
http://www.regulations.gov. The www.regulations.gov Web site is an ``anonymous

access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment.
    If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. All documents in the
docket are listed in the http://www.regulations.gov index. Although listed in

the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, will be publicly
available only in hard copy.
    Instructions for Using the MARSAME comment Web site: Alternatively,
you may submit a comment via the http://www.marsame.org comment system

without going through http://www.regulations.gov. Users of the MARSAME comment

Web site will be asked for their name and e-mail address, and then will
receive a username and password at the e-mail address that was
submitted. User's names and e-mail address will not appear in any
public document or database.

FOR FURTHER INFORMATION CONTACT: Any of the following points of contact
for each agency for technical information (See ADDRESSES section above
for directions on obtaining a copy of the draft MARSAME.): DoD: Steven
Doremus, Phone:<PHONE_NUMBER>, U.S. Navy, NAVSEADET RASO, NWS, PO
Drawer 260, Yorktown, VA 23691-0260; DOE: W. Alexander Williams, Phone:
(301) 903-8149, U.S. Department of Energy (EM-23), 1000 Independence
Avenue, SW., Washington, DC 20585; EPA: Kathryn Snead; Phone: (202)
343-9228, U.S. Environmental Protection Agency, Mail Stop 6608J, 1200
Pennsylvania Avenue, NW., Washington DC 20460-1000; NRC: George Powers,
Phone:<PHONE_NUMBER>, U.S. Nuclear Regulatory Commission, Mail Stop
T9-C34, Washington DC 20555. Questions concerning the multi-agency
document development project should be addressed to CAPT Colleen
Petullo, U.S. Environmental Protection Agency/U.S. Public Health
Service, OSWER/ERT, PO Box 93478, Las Vegas, NV 89193-3478, (702) 784-
8004.

SUPPLEMENTARY INFORMATION: In March 2007, the MARSAME Working Group
received a request for a 90-day extension to the comment period from
the Nuclear Information and Resource Service filed on behalf of a
number of interested parties, including: Alliance for Nuclear
Accountability; International Science Oversight Board; Sierra Club
Pennsylvania Chapter; BE SAFE/ Center for Health, Env. & Justice; Tri-
Valley CAREs; Environmental Coalition on Nuclear Power; Bluesky
Institute; Citizen's Environmental Coalition; Coalition on West Valley
Nuclear Wastes; and Committee to Bridge the Gap. In April 2007, Rocky
Mountain Peace and Justice Center and the Snake River Alliance were
added to the request and the MARSAME Working Group received additional
requests for a 30-day extension to the comment period from Nuclear
Energy Institute, Inc., State of New Jersey Department of Environmental
Protection, and State of Washington Department of Health. The requests
note that the manual is very important and very technical. The original
comment period for the draft manual was 90 days; in general, as
proscribed by Executive Order 12889 (December 27, 1993) technical
documents are put out for public comment for 75 days. After careful
consideration, the agencies have determined that an additional 30 days
for review (which now results in a comment period totaling 120 days) to
be reasonable and consistent with the agencies' desire to receive
informed comments from external stakeholders on the manual. The
deadline for comments on any aspect of this manual is extended to June
13, 2007.

    For the Department of Defense, dated this 30th day of April,
2007.
Alex Beehler,
Assistant Deputy Under Secretary of Defense (Environment, Safety and
Occupational Health).
    For the U.S. Department of Energy, dated this 20th day of April
2007.
Andrew C. Lawrence,
Director, Office of Nuclear Safety and Environment, Office of Health,
Safety and Security.
    For the U.S. Environmental Protection Agency, dated this 20th
day of April 2007.
Juan Reyes,
Director, Radiation Protection Division.
    For the U.S. Nuclear Regulatory Commission, dated this 24th day
of April 2007.
Brian W. Sheron,
Director, Office of Nuclear Regulatory Research.
[FR Doc. 07-2362 Filed 5-11-07; 8:45 am]

BILLING CODE 7590-01-P


	Office of Water

4301T	         SEQ CHAPTER \h \r 1 EPA - 822-F-09-001

May 2009

	Revised National Recommended Water Quality Criteria for the Protection
of Human Health: Final Criteria for Acrolein and Phenol

EPA has published final national recommended water quality criteria for
the protection of human health for acrolein and phenol. These updated
criteria are based on EPA’s 2000 Methodology for Deriving Ambient
Water Quality Criteria for the Protection of Human Health (2000 Human
Health Methodology) and supersede current recommended criteria for these
chemicals.

What are human health water quality criteria?

Human health water quality criteria are numeric values that protect
human health from the harmful effects of pollutants in surface water.
Under section 304(a) of the Clean Water Act, water quality criteria are
based solely on data and scientific judgments about the relationship
between pollutant concentrations and environmental and human health
effects; economic or social impacts do not influence criteria
recommendations.

EPA’s national recommended water quality criteria provide guidance to
states and authorized tribes in adopting water quality criteria that
meet the requirements of the CWA.  The criteria are not regulations
themselves and do not impose legally binding requirements on EPA,
states, territories, authorized tribes or the public.

How did EPA update the water quality criteria?

EPA revised the human health water quality criteria based on the
Agency’s 2000 Human Health Methodology.  This methodology incorporates
significant scientific advances made in the last two decades,
particularly in the areas of cancer and noncancer risk assessments,
exposure assessments, and methodologies to estimate bioaccumulation in
fish.

The updated water quality criteria integrate new reference doses for
acrolein and phenol.  These values have already been published in the
Agency’s Integrated Risk Information System (IRIS).  The criteria were
published in draft format in the Federal Register [see Revision of
National Recommended Water Quality Criteria for Acrolein and Phenol (73
FR 53246; September 15, 2008)].  Scientific views on the criteria
revisions were accepted for 45 days.  No scientific views were submitted
to EPA by the public.

What are the updated human health water quality criteria?

The following tables present the updated final criteria values and the
reference doses used to derive the respective criteria values:

Final Updated EPA-Recommended National Criteria Values

Acrolein	Updated Final Criterion

	IRIS RfD	0.0005 mg/(kg-d)  (published 6/03)
(http://www.epa.gov/ncea/iris/subst/0364.htm)

Water + Organisms	6 ug/l

Organisms Only	9 ug/l

Phenol	Updated Final Criterion

	IRIS RfD	0.30 mg/(kg-d) (published 9/02)

(http://www.epa.gov/ncea/iris/subst/0088.htm)

Water + Organisms	10,000 ug/l

Organisms Only	860,000 ug/l

Where can I find more information on the final updated human health
water quality criteria?

For more information, contact Heidi L. Bethel, Health and Ecological
Criteria Division (4304T), U.S. EPA, 1200 Pennsylvania Ave., N.W.,
Washington, D.C. 20460;<PHONE_NUMBER> or send an e-mail to   HYPERLINK
<EMAIL_ADDRESS><EMAIL_ADDRESS>.

You can find the updated national recommended water quality criteria and
a link to the associated Federal Register notice online at
www.epa.gov/waterscience/criteria/humanhealth/.

EPA has also established an official public docket for this action under
Docket ID No. EPA-HQ-OW-2008-0553.

 PAGE

 PAGE   1


[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Rules and Regulations]
[Pages 50765-50767]
[FR Doc No: 2023-16428]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0613]
RIN 1625-AA00

Safety Zone; Kanawha River, Mile Markers 41.5 to 42.5, Nitro, WV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a half mile radius of the Donald Legg Memorial
Bridge. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by adding a
center section of the bridge. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective from 5:30 a.m. on August 24, 2023,
through 7 p.m. on August 25, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0613 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Chelsea Zimmerman, Marine Safety Unit
Huntington, U.S. Coast Guard, telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impracticable. A safety zone is needed to alleviate safety concerns
associated with construction operations for the purpose of adding the
center section of the Donald Legg Memorial Bridge. It is impracticable
to publish an NPRM because we must establish this safety zone by August
24th, 2023, and lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because we must establish the safety zone by August 24, 2023 in order
to protect personnel, vessels, and the marine environment from the
potential safety hazards associated with the bridge construction
beginning on that date.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Ohio Valley (COTP) has determined
that safety needs associated with construction operations on the Donald
Legg Memorial Bridge on August 23, 2023, and August 24, 2023, present a
safety concern. The purpose of this rulemaking

is to ensure the safety of the public surrounding regulated area
before, during, and after the construction event.

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 5:30
a.m. until 8 p.m. on August 24, 2023, and from 7 a.m. until 7 p.m. on
August 25, 2023. The safety zone will cover all navigable waters
between mile markers 41.5 to 42.5 on the Kanawha River. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the bridge span is being
added. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. A designated representative means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the Captain of the Port Sector Ohio
Valley (COTP) in the enforcement of the safety zone.
    Persons or vessels seeking to enter the safety zone must request
permission from the COTP on VHF-FM channel 16 or by telephone at 1-502-
779-5424. If permission is granted, all persons and vessels shall
comply with the instructions of the COTP or designated representative.
    The COTP or a designated representative will inform the public of
the enforcement times and date for this safety zone through Broadcast
Notices to Mariners, Local Notices to Mariners, and/or Safety Marine
Information Broadcasts as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. This rule is
limited to the Kanawha River from mile 41.5 to 42.5 on August 23, 2023,
and August 24, 2023, and will be enforced only during the times
specified. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the regulated area and the
rule allows vessels to seek permission to enter the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
establishing a temporary safety zone on the Kanawha River at mile 41.5
to 42.5 on August 23, 2023, and August 24, 2023. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS

Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.3.

0
2. Add Sec.  165.T08-0613 to read as follows:

Sec.  165.T08-0613  Safety Zone; Kanawha River, Mile Markers 41.5 to
42.5 Nitro, WV.

    (a) Location. The following area is a safety zone: all navigable
waters of the Kanawha River from mile marker 41.5 to mile marker 42.5,
extending the entire width of the river.
    (b) Definitions. Designated representative means a Coast Guard
Patrol Commander (PATCOM), including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port Ohio Valley (COTP) in the enforcement of the regulations in this
section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. The Coast Guard may patrol the event
area under the direction of a designated Coast Guard Patrol Commander.
    (2) To seek permission to enter, the COTP or the COTP's
representative may be contacted on Channel 16 VHF-FM (156.8 MHz) by the
call sign ``PATCOM'', or phone at 1-502-779-5424. Those in the safety
zone must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative.
    (3) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (4) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
    (5) The COTP will provide notice of the regulated area through
advanced notice via local notice to mariners and broadcast notice to
mariners and by on-scene designated representatives.
    (d) Enforcement periods. This section will be enforced from 5:30
a.m. to 8 p.m. on August 23, 2023, and 6:30 a.m. to 7 p.m. on August
24, 2023.

    Dated: July 25, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-16428 Filed 8-1-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 21, 2007 (Volume 72, Number 54)]
[Notices]
[Page 13316-13317]
[DOCID:fr21mr07-95]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55454; File No. SR-OPRA-2007-01]

Options Price Reporting Authority; Notice of Filing and Immediate
Effectiveness of Proposed Amendment To Adopt a Revised Form ``Third
Party Billing Agreement''

March 13, 2007.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that
on February 23, 2007 the Options Price Reporting Authority (``OPRA'')
submitted to the Securities and Exchange Commission (``Commission'') an
amendment to the Plan for Reporting of Consolidated Options Last Sale
Reports and Quotation Information (``OPRA Plan'').\3\ The proposed OPRA
Plan amendment would adopt a revised form ``Third Party Billing
Agreement.''
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder (formerly Rule 11Aa3-2). See Securities Exchange Act
Release No. 17638 (March 18, 1981), 22 SEC 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. The six participants to the OPRA Plan are
the American Stock Exchange LLC, the Boston Stock Exchange, Inc.,
the Chicago Board Options Exchange, Incorporated, the International
Securities Exchange, Inc., the NYSE Arca, Inc., and the Philadelphia
Stock Exchange, Inc.
---------------------------------------------------------------------------

I. Description and Purpose of the Amendment

    OPRA states that the purpose of the proposed amendment is to adopt
a revised form ``Third Party Billing Agreement'' for use by a
Professional Subscriber that has entered into a Professional Subscriber
Agreement (``PSA'') with OPRA and that wishes to agree with a third
party (``Third Party Payor'') that the Third Party Payor will be
responsible for payment of OPRA's charges with respect to receipt by
the Professional Subscriber of OPRA Information.
    The revised form includes language that is intended to make it
easier for a Professional Subscriber and Third Party Payor to conclude,
in an appropriate

situation, that payment of OPRA's fees by the Third Party Payor is
eligible for the safe harbor under Section 28(e) of the Act.\4\ In
particular, the revised form states expressly that OPRA will waive a
Professional Subscriber's obligation under its PSA to pay OPRA's fees
in consideration for the agreement of the Third Party Payor to pay fees
directly to OPRA for the Professional Subscriber's receipt of OPRA
Information.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78bb.
---------------------------------------------------------------------------

II. Implementation of the OPRA Plan Amendment

    Pursuant to paragraphs (b)(3) of Rule 608 under the Act,\5\ OPRA
designates this amendment as concerned solely with the administration
of the OPRA Plan and/or as involving solely technical or ministerial
matters, thereby qualifying for effectiveness upon filing.
---------------------------------------------------------------------------

    \5\ 17 CFR 242.608(b)(3).
---------------------------------------------------------------------------

    OPRA states that it will begin to use the proposed revised form
``Third Party Billing Agreement'' upon filing with the Commission.
However, OPRA states that these revised documents would be used only on
a prospective basis. Existing Professional Subscribers and Third Party
Payors that are parties to existing payment arrangements would not be
required to execute the revised form. However, upon the request from a
Professional Subscriber and Third Party Payor, OPRA will execute the
revised form with respect to their existing payment arrangement if the
Third Party Payor is current in its payments.
    The Commission may summarily abrogate the amendment within sixty
days of its filing and require refiling and approval of the amendment
by Commission order pursuant to Rule 608(b)(2) under the Act \6\ if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors and the
maintenance of fair and orderly markets, to remove impediments to, and
perfect the mechanisms of, a national market system, or otherwise in
furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \6\ 17 CFR 242.608(b)(2).
---------------------------------------------------------------------------

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed OPRA
Plan amendment 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 No. SR-OPRA-2007-01 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-OPRA-2007-01. 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 plan amendment that
are filed with the Commission, and all written communications relating
to the proposed plan amendment 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. Copies of such
filing also will be available for inspection and copying at the
principal office of OPRA. 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-OPRA-2007-01 and should be submitted on or before April 11, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(29).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-5086 Filed 3-20-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: August 5, 2008 (Volume 73, Number 151)]
[Notices]
[Page 45435]
[DOCID:fr05au08-51]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-208-000]

Rockies Express Pipeline LLC; Notice of Technical Conference

July 28, 2008.
    On August 5, 2008, staff of the Office of Energy Projects (OEP)
will hold a technical conference for the REX East Project. Rockies
Express Pipeline LLC requested the Technical Conference to discuss
compliance with Environmental Condition 147 of the Commission's May 30,
2008 Order.
    The technical conference will be held on Tuesday, August 5, 2008,
at 9 a.m. (EDT) in Room 3M-2B at the Commission Headquarters, 888 1st
Street, NE., Washington, DC.
    Information concerning any changes to the above may be obtained
from the Commission's Office of External Affairs at<PHONE_NUMBER> or
toll free at 1-866-208-FERC (208-3372).

Kimberly D. Bose,
Secretary.
[FR Doc. E8-17877 Filed 8-4-08; 8:45 am]

BILLING CODE 6717-01-P