[Federal Register: April 2, 2009 (Volume 74, Number 62)]
[Notices]
[Page 15021-15022]
[DOCID:fr02ap09-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59629; File No. SR-BX-2009-017]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Extend
the Penny Pilot Program on the Boston Options Exchange Facility

March 26, 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 March 24, 2009, NASDAQ OMX BX, Inc. (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 the self-regulatory organization. The Exchange filed the
proposed rule change pursuant to Section 19(b)(3)(A) of the Act,\3\ and
Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal effective
upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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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 Chapter V, Section 33 (Penny Pilot
Program) of the Rules of the Boston Options Exchange Group, LLC
(``BOX'') to extend, through July 3, 2009, the pilot program that
permits certain classes to be quoted in penny increments on BOX
(``Penny Pilot Program''). The text of the proposed rule change is
available at the principal office of the Exchange, at the Commission's
Public Reference Room and also on the Exchange's Web site at http://
nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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

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

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

1. Purpose
    The proposed rule change seeks to extend the effective date of the
Penny Pilot Program on BOX for approximately three additional months,
through July 3, 2009.\5\ The Penny Pilot Program permits certain
classes to be quoted in penny increments on BOX. The minimum price
variation for all classes included in the Penny Pilot Program, except
for the QQQQs, will continue to be $0.01 for all quotations in option
series that are quoted at less than $3 per contract and $0.05 for all
quotations in option series that are quoted at $3 per contract or
greater. The QQQQs will continue to be quoted in $0.01 increments for
all options series. The Exchange is not currently proposing any changes
to the classes included within the Penny Pilot Program.
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    \5\ The Penny Pilot Program has been in effect on BOX since
January 26, 2007. See Securities Exchange Act Release No. 55155
(January 23, 2007), 72 FR 4741 (February 1, 2007)(SR-BSE-2006-49).
The Penny Pilot Program was later extended through September 27,
2007. See Securities Exchange Act Release No. 56149 (July 26, 2007),
72 FR 42450 (August 2, 2007)(SR-BSE-2007-38). A subsequent rule
filing by the Exchange on September 27, 2007 initiated a two-phased
expansion of the Penny Pilot Program. See Securities Exchange Act
Release No. 56566 (September 27, 2007), 72 FR 56400 (October 3,
2007)(SR-BSE-2007-40). See also Securities Exchange Act Release No.
57566 (March 26, 2008), 73 FR 18013 (April 2, 2008)(SR-BSE-2008-20).
The Penny Pilot Program is currently set to expire on March 27,
2009. The extension of the effective date is the only change to the
Penny Pilot Program being proposed at this time.
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    BOX will deliver a report (``Penny Pilot Report'') to the
Commission which will be composed of data from approximately three
months of trading, from February 1, 2009 through April 30, 2009. This
Penny Pilot Report will be delivered to the Commission during the month
of May 2009. The Penny Pilot Report will analyze the impact of penny
pricing on market quality and options system capacity.\6\
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    \6\ BOX has previously delivered several Penny Pilot Reports to
the Commission composed of data from preceding time periods during
which the Penny Pilot Program has been in effect on BOX.
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\7\ in general, and Section
6(b)(5) of the Act,\8\ in particular, in that it is designed to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism for a free and open market and a national market
system and, in general, to protect investors and the public interest.
Specifically, the proposed extension will allow the Penny Pilot Program
to remain in effect on BOX without interruption.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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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 not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing rule does not (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 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 \9\ and Rule 19b-4(f)(6)
thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the pre-filing requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay so that the proposed rule change may become operative
upon filing with the Commission pursuant to Section 19(b)(3)(A) of the
Act \11\ and Rule 19b-4(f)(6) \12\ thereunder. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public

interest because such waiver will allow the Penny Pilot Program to
continue without interruption through July 3, 2009.\13\ Accordingly,
the Commission designates the proposed rule change operative upon
filing with the Commission.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4.
    \13\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78(c)(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

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-BX-2009-017 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2009-017. 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 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 No. SR-BX-2009-017 and should be
submitted on or before April 23, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-7408 Filed 4-1-09; 8:45 am]


[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Rules and Regulations]
[Pages 70140-70143]
[FR Doc No: 2010-28964]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2010-0321, FRL-9212-1]

Approval and Promulgation of Implementation Plans; New York
Prevention of Significant Deterioration of Air Quality and
Nonattainment New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to grant a partial approval to revisions of the New York State
Implementation Plan (SIP) submitted by the New York State Department of
Environmental Conservation on March 3, 2009. As a result of this
action, New York will implement its own Prevention of Significant
Deterioration of Air Quality (PSD) and Nonattainment New Source Review
(NNSR) State regulations. These revisions create a new New York State
PSD regulation program and modify the existing New York State NNSR
regulations in the SIP. These revisions also address changes mandated
by the revised Federal New Source Review (NSR) regulations, referred to
as the ``2002 NSR Reform Rules.''
    In this action, EPA is taking final action to approve these
revisions by issuing a partial approval, with the caveat that EPA is
taking no action at this time on the PSD permitting threshold
provisions to the extent that those provisions may require permits for
sources of greenhouse gas (GHG) emissions that equal or exceed the 100/
250 tons per year (tpy) GHG levels but are less than the thresholds
identified in EPA's final Tailoring Rule; and the PSD significance
level provisions of New York's rule to the extent that those provisions
may treat as significant GHG emissions increases that are less than the
thresholds identified in the final Tailoring Rule. The PSD
applicability thresholds below the Tailoring Rule will be acted on, as
necessary, as part of an EPA national rulemaking or in a separate EPA
Region 2 rulemaking.

DATES: Effective Date: This rule is effective on December 17, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2010-0321. All documents in the docket are listed on
the http://www.regulations.gov Web site. All docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at

the Environmental Protection Agency, Region 2 Office, Air Programs
Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866. This
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is 212-
637-4249.

FOR FURTHER INFORMATION CONTACT: Frank Jon, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866,<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, references to
``EPA,'' ``we,'' ``us,'' or ``our,'' are intended to mean the
Environmental Protection Agency. The supplementary information is
arranged as follows:

I. What is being addressed by this document?
II. What sections of New York's rules are we approving in this
action?
III. What are EPA's responses to comments to EPA's proposal?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is being addressed by this document?

    On March 3, 2009, the State of New York, through the New York State
Department of Environmental Conservation (NYSDEC), submitted to EPA
Region 2 revisions to the New York State Implementation Plan (SIP). The
submittal consists of revisions to three regulations that are already
part of the New York SIP. The affected regulations are: 6 New York Code
of Rules and Regulations (NYCRR) Part 231, New Source Review for New
and Modified Facilities; 6 NYCRR Part 200, General Provisions; and 6
NYCRR Part 201, Permits and Certificates. The revisions were made to
create a new New York State PSD regulation program and to update the
existing New York State nonattainment regulations consistent with
changes to the Federal NSR regulations published on December 31, 2002
(67 FR 80186). In today's action, EPA is taking final action to approve
those revisions by issuing a partial approval, as proposed (see 75 FR
43892 (July 27, 2010)), with the caveat that EPA is taking no action at
this time on (1) the PSD permitting threshold provisions to the extent
that those provisions may require permits for sources of greenhouse gas
(GHG) emissions that equal or exceed the 100/250 tons per year (tpy)
GHG levels but are less than the thresholds identified in EPA's final
Tailoring Rule at 75 FR 31514, 31606 (June 3, 2010); and (2) the PSD
significance level provisions of New York's rule to the extent that
those provisions may treat as significant GHG emissions increases that
are less than the thresholds identified in the final Tailoring Rule.
Id. We are taking this action, in part, because in its August 11, 2010
letter to EPA, New York State confirmed to us that they have authority
to regulate greenhouse gases without any additional rulemaking or other
administrative action. For PSD applicability thresholds below the
Tailoring Rule, EPA is still reviewing New York's ability to limit the
permitting to sources equal to and above the Tailoring Rule thresholds.
Action on this issue will be forthcoming, as necessary, as part of an
EPA national action or in a separate EPA Region 2 action.

II. What sections of New York's rules are we approving in this action?

    With respect to 6 NYCRR Part 200, EPA is taking final action to
approve into the New York SIP only sections 200.1 and 200.9, Table 1
(Part 231 references), as effective March 5, 2009. EPA is not taking
final action on the revisions to section 200.10 since they include only
references to Federal standards and requirements and are therefore
already Federally enforceable standards and requirements.
    With respect to 6 NYCRR Part 201, EPA is taking final action to
approve into the New York SIP only those revisions to subpart 201-2,
effective March 5, 2009, submitted by NYSDEC specifically for
implementation of the Part 231 NSR permitting program. Specifically,
EPA is approving the definition of ``Major stationary source or major
source or major facility'' that is contained in subpart 201-2.1(b)(21).
    With respect to 6 NYCRR Part 231, EPA is taking final action to
approve all of Part 231 into the New York SIP except certain revisions
to Part 231 that may be applicable to GHG emissions, effective March 5,
2009, specifically, (1) the PSD permitting threshold provisions to the
extent that those provisions may require permits for sources of
greenhouse gas (GHG) emissions that equal or exceed the 100/250 tons
per year (tpy) GHG levels but are less than the thresholds identified
in EPA's final Tailoring Rule at 75 FR 31514, 31606 (June 3, 2010); and
(2) the PSD significance level provisions of New York's rule to the
extent that those provisions may treat as significant GHG emissions
increases that are less than the thresholds identified in the final
Tailoring Rule. Note that by this final action, EPA is removing and
reserving 40 CFR 52.1689 which had incorporated the Federal PSD
regulations at 40 CFR 52.21 into New York's applicable implementation
plan.

III. What are EPA's responses to comments to EPA's proposal?

    EPA received only one comment on this proposal. The commenter
congratulates the agency on the policy decision it has made. The
commenter also states that when EPA promulgated the NSR Reform Rule, it
indicated that it would not approve State plans that did not include
the ``reforms,'' and stated that it would issue a Federal
Implementation Plan imposing the reforms on any State that did not
adopt them. By contrast, the commenter notes that the proposed rule
would approve New York's program, even though it diverges in important
respects from the NSR Reform package. The commenter further notes that
EPA does so on the grounds that the New York program is more stringent
than Federal requirements. The commenter indicates that this is quite a
change from the position of the previous Administration. The commenter
further states that he does not know if EPA has previously taken the
position it does here. If not, the commenter urges EPA to provide
discussion of the rationales for this change in stance. Otherwise, the
commenter warns, the change might well be struck down by the courts as
unexplained, and therefore arbitrary and capricious.

Response

    Except in specific cases of preemption unrelated to this action,
the Clean Air Act does not preclude States from adopting or enforcing a
more stringent regulation than Federal requirements. 42 U.S.C. 7416.
New York State has adopted the reforms of EPA's 2002 NSR reform rules.
In general, the New York State revisions to the rule are similar to the
Federal NSR Reform Rules except for a few specific provisions. EPA is
required to approve State SIP revisions that are at least as stringent
as the Federal rules even if they contain provisions that differ in
minor ways. These specific provisions, addressed in New York's Revised
Regulatory Impact Statement and discussed in detail in our proposal
(see 75 FR 43892, (July 27, 2010), retain and, in fact, may exceed the
environmental benefits of the NSR program.

IV. What action is EPA taking?

    EPA is taking a final action to grant a partial approval to
revisions to the New York State Implementation Plan (SIP) submitted by
the New York State Department of Environmental Conservation on March 3,
2009.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not 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 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 January 18, 2011. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 29, 2010.
George Pavlou,
Acting Regional Administrator, Region 2.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart HH--New York

0
2. Section 52.1670 is amended by adding new paragraph (c)(115) to read
as follows:

Sec.  52.1670  Identification of plan.

* * * * *
    (c) * * *
* * * * *
    (115) On March 3, 2009, the New York State Department of
Environmental Conservation (NYSDEC), submitted to EPA proposed
revisions to the State Implementation Plan concerning Prevention of
Significant Deterioration (PSD) and nonattainment new source review.
    (i) Incorporation by reference:
    (A) Letter dated March 3, 2009, from Assistant Commissioner J.
Jared Snyder, NYSDEC, to George Pavlou, Acting Regional Administrator,
EPA Region 2, submitting the revisions for Title 6 of the New York Code
of Rules and Regulations, Part 200, ``General Provisions,'' sections
200.1 and 200.9, Table 1 (Part 231 references); Subpart 201-2.1(b)(21);
and Part 231, which identifies an effective date of March 5, 2009.
    (B) Title 6 of the New York Code of Rules and Regulations, Part
200, ``General Provisions,'' sections 200.1 and 200.9, Table 1 (Part
231 references), with an effective date of March 5, 2009, Subpart 201-
2.1(b)(21), definition of ``Major stationary source or major source or
major facility,'' with an effective date of March 5, 2009, and Part
231, ``New Source Review for New and Modified Facilities,'' with an
effective date of March 5, 2009.

0
3. Section 52.1679, is amended by revising the table entries under
Title 6, for Part 200 and Part 231, and adding new entry Subpart 201-
2.1(b)(21) following Part 201, ``Permits and certificates'' in
numerical order to read as follows:

Sec.  52.1679  EPA-approved New York State regulations.

----------------------------------------------------------------------------------------------------------------
                                        State effective
       New York State regulation              date       Latest EPA approval date             Comments
----------------------------------------------------------------------------------------------------------------
                                                     Title 6
----------------------------------------------------------------------------------------------------------------
Part 200, General Provisions, Section           3/5/09   11/17/10, [Insert FR      The word odor is removed from
 200.1.                                                   page citation].           the Subpart 200.1(d)
                                                                                definition of ``air
                                                                                contaminant or air
                                                                                pollutant.''

                                        ...............                            Redesignation of non-
                                                                                attainment areas to
                                                                                attainment areas (200.1(av))
                                                                                does not relieve a source
                                                                                from compliance with
                                                                                previously applicable
                                                                                requirements as per letter
                                                                                of Nov. 13, 1981 from H.
                                                                                Hovey, NYSDEC.
                                        ...............                            Changes in definitions are
                                                                                acceptable to EPA unless a
                                                                                previously approved
                                                                                definition is necessary for
                                                                                implementation of an
                                                                                existing SIP regulation.
                                        ...............                            EPA is including the
                                                                                definition of ``Federally
                                                                                enforceable'' with the
                                                                                understanding that (1) the
                                                                                definition applies to
                                                                                provisions of a Title V
                                                                                permit that are correctly
                                                                                identified as Federally
                                                                                enforceable, and (2) a
                                                                                source accepts operating
                                                                                limits and conditions to
                                                                                lower its potential to emit
                                                                                to become a minor source,
                                                                                not to ``avoid'' applicable
                                                                                requirements.
Section 200.9, Table 1 (Part 231                3/5/09   11/17/10, [Insert FR      EPA is approving reference
 references).                                             page citation].           documents that are not
                                                                                already Federally
                                                                                enforceable.
Sections 200.6, 200.7 and 200.9.......         2/25/00   4/22/08, 73 FR 21548....  EPA is approving reference
                                                                                documents that are not
                                                                                already Federally
                                                                                enforceable.

                                                  * * * * * * *
Subpart 201-2.1(b)(21), Definitions...          3/5/09   11/17/10, [Insert FR      EPA is including the
                                                          page citation].           definition of ``Major
                                                                                stationary source or major
                                                                                source or major facility''
                                                                                with the understanding that
                                                                                the definition applies only
                                                                                to provisions of Part 231.

                                                  * * * * * * *
Part 231, New Source Review for New             3/5/09   11/17/10, [Insert FR      Partial approval; no action
 and Modified Facilities.                                 page citation].           taken on provisions that may
                                                                                require PSD permits for
                                                                                sources of greenhouse gas
                                                                                (GHG) emissions with
                                                                                emissions below the
                                                                                thresholds identified in
                                                                                EPA's final PSD and Title V
                                                                                GHG Tailoring Rule at 75 FR
                                                                                31514, 31606 (June 3, 2010).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec.  52.1689  [Reserved]

0
4. Section 52.1689 is removed and reserved.

[FR Doc. 2010-28964 Filed 11-16-10; 8:45 am]
BILLING CODE 6560-50-P


WINTER SUMMER Total WINTER SUMMER Total WINTER SUMMER Total Total Total Total Total Region MECS 70090. 51580. 121671. 640.11 477.17 1117.28 50.777 39.178 89.955 373.273 1.542 85.302 23.264 Region ECAO 345358. 263005. 608363. 3318.11 2529.44 5847.55 167.594 124.170 2 91.764 2524.235 8.022 495.379 135.103 Region ERCT 167186. 185797. 352983. 1462.84 1639.93 3102.77 38.464 64.477 1 02.941 331.472 2.897 188.214 51.331 Region MACE 79027. 58643. 137670. 745.34 559.27 1304.61 21.164 16.141 37.305 116.049 1.826 39.970 10.901 Region MACW 71081. 53025. 124106. 664.97 497.01 1161.98 22.077 16.839 38.915 626.894 3.709 79.700 21.736 Region MACS 30807. 23313. 54119. 299.65 227.64 527.28 13.781 10.678 24.460 223.509 1.138 32.409 8.839 Region WUMS 41934. 30917. 72851. 410.99 307.02 718.01 31.656 23.527 55.183 178.298 1.203 53.811 14.676 Region MANO 154300. 118306. 272606. 1559.84 1197.15 2756.99 79.869 61.445 1 41.314 739.799 3.225 151.078 41.203 Region MAPP 108062. 84287. 192348. 1064.94 835.63 1900.57 141.236 110.334 2 51.570 523.946 3.816 150.574 41.066 Region UPNY 48896. 36725. 85621. 319.75 256.12 575.88 22.755 17.050 39.805 185.351 1.448 26.452 7.214 Region DSNY 23238. 18970. 42208. 179.48 149.17 328.64 5.964 4.674 10.638 28.935 0.355 16.041 4.375 Region NYC 6974. 6805. 13779. 51.81 56.36 108.18 1.175 2.295 3.470 0.000 0.000 5.741 1.566 Region LILC 13393. 9495. 22888. 98.33 71.85 170.17 1.194 1.061 2.254 0.000 0.355 8.401 2.291 Region NENG 89919. 63834. 153753. 692.42 499.91 1192.33 13.418 9.828 23.246 32.709 1.904 48.125 13.125 Region FRCC 137181. 114574. 251755. 1188.65 998.03 2186.68 26.910 24.080 50.990 230.610 1.664 124.983 34.086 Region VACA 208993. 164182. 373174. 1927.76 1530.91 3458.68 66.779 53.283 1 20.062 489.714 2.165 185.120 50.487 Region TVA 120707. 92349. 213056. 1060.59 838.58 1899.17 40.976 32.900 73.875 412.106 1.169 113.239 30.883 Region SOU 217859. 177368. 395227. 1892.95 1563.99 3456.94 63.369 54.398 1 17.767 987.516 3.036 225.964 61.627 Region ENTG 99213. 80488. 179701. 915.68 736.93 1652.61 19.081 15.618 34.698 206.474 1.733 87.678 23.912 Region SPPN 47242. 37704. 84946. 474.37 382.33 856.70 72.750 57.905 1 30.655 136.315 1.629 69.871 19.056 Region SPPS 80516. 76381. 156897. 684.76 658.87 1343.63 68.229 64.099 1 32.328 290.471 2.109 105.761 28.844 Region CALI 191253. 142913. 334165. 1542.34 1122.58 2664.92 15.140 10.233 25.374 18.728 1.093 91.985 25.087 Region PNW 123759. 94735. 218495. 433.19 347.31 780.50 21.944 18.630 40.574 21.413 0.440 42.141 11.493 Region AZNM 123922. 96902. 220824. 1088.07 849.73 1937.80 98.430 78.297 1 76.727 97.680 1.258 112.066 30.563 Region RMPA 36353. 28363. 64716. 317.81 242.76 560.57 56.859 44.814 1 01.674 78.183 0.460 49.736 13.564 Region NWPE 57282. 46016. 103298. 578.29 459.46 1037.75 113.422 89.921 2 03.343 107.287 1.144 91.182 24.868 System Total 2694544. 2156676. 4851220. 23613.04 19035.15 42648.19 1275.012 1045.877 23 20.889 8960.967 49.341 2680.921 731.160    (**) Industrial Boiler generation not included in generation totals

NOx SO2 MER CO2 Carbon Year: 2020, System Totals ( Emissions By Plant Type) Generation Trillion Emission Emission Emission Emission Emission  ( GWh) ( Btu) ( 1000 Tons) ( 1000 Tons) ( Tons) ( Mil Tonnes)( Mil Tonnes)

WINTER SUMMER Total WINTER SUMMER Total WINTER SUMMER Total Total Total Total Total Total Scrubbed Coal_ NOx 1 113162. 89772. 202934. 1103.21 874.92 1978.13 39.205 30.789 69.994 233.819 1.584 184.350 50.277 Total Scrubbed Coal 2 178098. 140614. 318711. 1848.79 1459.23 3308.02 375.164 296.510 6 71.675 386.613 5.641 313.995 85.635 Total Unscrubbed Coal_ NOx 3 172776. 133753. 306529. 1648.39 1275.09 2923.48 83.287 61.500 1 44.787 1978.191 6.602 273.387 74.560 Total Unscrubbed Coal 4 257816. 199877. 457694. 2641.15 2047.33 4688.48 480.236 371.856 8 52.092 2465.040 10.389 443.472 120.947 Total Oil/ Gas Steam 5 541. 23708. 24249. 5.19 235.30 240.49 0.516 28.961 29.478 0.000 0.000 12.763 3.481 Total Oil/ Gas Steam_ Nox 6 0. 1498. 1498. 0.00 14.87 14.87 0.000 0.951 0.951 0.000 0.000 0.789 0.215 Total Nuclear 7 447949. 338850. 786799. 4720.33 3571.42 8291.75 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Hydro 8 154390. 114990. 269380. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Comb. Cycle Gas 9 616540. 479522. 1096062. 4556.40 3557.57 8113.97 57.572 46.337 1 03.908 0.000 0.001 430.611 117.439 Total IGCC 10 2652. 2050. 4702. 19.30 14.91 34.21 0.902 0.697 1.598 0.000 0.006 3.185 0.869 Total Turbine 11 30060. 72589. 102649. 273.70 687.00 960.70 13.099 32.681 45.780 0.000 0.000 50.985 13.905 Total Biomass 12 5830. 4021. 9851. 51.77 35.75 87.52 0.518 0.357 0.875 3.501 0.025 0.000 0.000 Total Geothermal 13 13772. 10799. 24571. 369.68 289.40 659.08 0.000 0.000 0.000 0.000 1.027 0.000 0.000 Total Landfill Gas 14 4415. 3278. 7694. 51.28 38.22 89.50 6.308 4.701 11.009 0.000 0.000 0.000 0.000 Total Wind 15 11786. 6486. 18272. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Fuel Cell 16 37. 28. 65. 0.28 0.21 0.49 0.056 0.042 0.098 0.000 0.000 0.026 0.007 Total Solar 17 580. 312. 892. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Non Fossil_ Other 18 10028. 7909. 17936. 110.04 86.79 196.83 0.000 0.000 0.000 0.000 5.684 0.000 0.000 Total Fossil_ Other 19 559. 426. 985. 6.15 4.69 10.84 1.425 1.087 2.512 0.012 0.018 0.000 0.000 Total Pump Storage 20 3332. 5524. 8855. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Int. Imports 21 13160. 9497. 22657. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Cgn_ Coal 22 11640. 9262. 20902. 103.38 82.07 185.45 17.897 14.170 32.066 84.008 0.404 17.348 4.731 Total Cgn_ Gas 23 89350. 61508. 150859. 706.56 481.62 1188.18 20.475 14.588 35.063 0.000 0.000 63.057 17.197 Total Cgn_ Oil 24 1741. 1153. 2894. 13.16 8.75 21.92 0.099 0.100 0.199 0.000 0.000 1.163 0.317 Total Cgn_ Other 25 3984. 3017. 7001. 27.48 20.66 48.14 1.136 0.895 2.032 1.021 0.427 0.000 0.000 Total NonCG IPP_ Coal 26 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total NonCG IPP_ Gas 27 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total NonCG IPP_ Other 28 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Blr_ Coal 29 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Blr_ Gas 30 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Blr_ Oil 31 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Blr_ Other 32 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total SteamOnly Cogen 33 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Rep. Coal CC 34 1003. 769. 1773. 7.24 5.56 12.80 0.072 0.056 0.128 0.000 0.000 0.679 0.185 Total Rep. O/ G CC 35 36310. 27236. 63545. 262.16 196.64 458.80 2.622 1.966 4.588 0.000 0.000 24.349 6.641 Total Rep. Coal IGCC 36 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. Scrubber 37 7419. 5892. 13310. 78.16 62.07 140.23 25.545 20.288 45.833 7.221 0.372 13.587 3.706 Total Ret. ExistSCR & Scrub 38 29705. 23592. 53297. 285.89 227.06 512.96 7.307 5.803 13.110 49.931 0.341 47.768 13.028 Total Ret. ExistSNCR & Scrub 39 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. SCR 40 296895. 235978. 532873. 2921.96 2322.22 5244.18 79.039 62.766 1 41.806 3061.670 13.036 494.657 134.906 Total Ret. ExistScrub & SCR 41 115628. 92107. 207736. 1170.07 932.08 2102.16 30.140 24.007 54.147 527.903 2.364 198.581 54.159 Total Ret. SNCR 42 6113. 4223. 10336. 66.45 45.91 112.36 13.638 9.382 23.020 68.975 0.221 10.534 2.873 Total Ret. ExistScrub & SNCR 43 2685. 2046. 4731. 28.28 21.55 49.83 5.084 3.788 8.872 8.873 0.129 4.640 1.266 Total Ret. SCR+ Scrb 44 54589. 43356. 97944. 536.59 426.17 962.75 13.672 10.858 24.530 84.189 1.071 90.459 24.671 Total Ret. SNCR+ Scrub 45 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. Gas Reburn 46 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistScrub+ GasR 47 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. GasReburn+ Scrub 48 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ACI 49 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistScrub& ACI 50 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistSCR& ACI 51 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistSNCR& ACI 52 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ACI & SCR 53 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistScrub& ACI& SCR 54 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ACI & SNCR 55 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistScrub& ACI& SNCR 56 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ACI & Srub 57 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistSCR& ACI& Scrub 58 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistSNCR& ACI& Scrub 59 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistSNCR& ExistScrub& ACI 60 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistSCR& ExistScrub& ACI 61 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistNOx& ExistScrub& ACI 62 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. SCR & Scrub & ACI 63 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. SNCR & Scrub & ACI 64 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. O/ G SCR 65 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. O/ G SNCR 66 0. 1033. 1033. 0.00 10.08 10.08 0.000 0.737 0.737 0.000 0.000 0.535 0.146 Total Ret. Nuclear ( age 30+ 10 yrs) 67 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. Nuclear ( age 40+ 20 yrs) 68 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. Biomass Cofiring 69 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total CT Early Retirement 70 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total CC Early Retirement 71 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 System Total 2694544. 2156676. 4851220. 23613.04 19035.15 42648.19 1275.012 1045.877 23 20.889 8960.967 49.341 2680.921 731.160 System Total Without Imports 2681384. 2147179. 4828563. 23613.04 19035.15 42648.19 1275.012 1045.877 23 20.889 8960.967 49.341 2680.921 731.160    (**) Industrial Boiler generation in BBtu, not included in generation totals


[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Page 3831]
[FR Doc No: 2014-01298]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0001]

Science Board to the Food and Drug Administration; Amendment of
Notice

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
amendment to the notice of meeting of the Science Board to the Food and
Drug Administration. This meeting was announced in the Federal Register
of January 9, 2014 (79 FR 1645). The amendment is being made to reflect
a change in the Date and Time and the Agenda portions of the document.
There are no other changes.

FOR FURTHER INFORMATION CONTACT: Martha Monser, Office of the Chief
Scientist, Office of the Commissioner, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 32, Rm. 4286, Silver Spring, MD 20993,
301-796-4627<EMAIL_ADDRESS>or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). Please call the information line for up-to-date information on
this meeting.

SUPPLEMENTARY INFORMATION: In the Federal Register of January 9, 2014,
FDA announced that a meeting of the Science Board to the Food and Drug
Administration would be held on February 5, 2014.
    1. On page 1645, in the second column, the Date and Time portion of
the document is changed to read as follows:
    Date and time: The meeting will be held on February 5, 2014, from
approximately 8:30 a.m. until 1 p.m.
    2. On page 1645, in the second column, under Agenda, in the first
paragraph, after the third sentence, the following sentence is added to
read as follows:
    The Office of Women's Health (OWH) will seek input from the Board
on the development of the OWH Research Roadmap.
    This notice is issued under the Federal Advisory Committee Act (5
U.S.C. app. 2) and 21 CFR part 14, relating to the advisory committees.

    Dated: January 17, 2014.
Leslie Kux,
 Assistant Commissioner for Policy.
[FR Doc. 2014-01298 Filed 1-22-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 77, Number 185 (Monday, September 24, 2012)]
[Notices]
[Pages 58820-58821]
[FR Doc No: 2012-23509]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. 1494-410]

Grand River Dam Authority; Notice of Application Accepted for
Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-Project Use of Project Lands and Waters.
    b. Project No: 1494-410.
    c. Date Filed: August 6, 2012.
    d. Applicant: Grand River Dam Authority.
    e. Name of Project: Pensacola Hydroelectric Project.
    f. Location: The proposed changes would be located in Delaware
County, Oklahoma, along the shoreline of the Grand Lake O' Cherokees.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Ms. Tamara E. Jahnke, Assistant General
Counsel, Grand River Dam Authority, P.O. Box 409, Vinita, Oklahoma
74301,<PHONE_NUMBER>.
    i. FERC Contact: Lorance Yates at<PHONE_NUMBER>; or email:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: October 18, 2012.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
Please include the project number (P-1494-410) on any comments,
motions, or recommendations filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The Grand River Dam Authority has filed
a request for Commission approval to authorize the St. James Club to
modify four existing docks by increasing the dock size and adding 7 new
boat slips and 24 new PWC slips. No changes are planned for Dock A.
Dock B would be expanded from 7 to 9 boat slips and from 7 to 9 PWC
slips totaling approximately 7,498 sq. feet. Dock C would be modified
from 23 to 29 PWC slips with no change in overall area. Dock D would be
expanded from 6 to 9 boat slips and from 4 to 25 PWC slips totaling
approximately 3,870 sq. feet. Dock E would be modified from 6 to 8 boat
slips and the 5 PWC slips would be eliminated, with no change in area.
The request also includes increasing the size of an existing breakwater
from 77 feet by 13.3 feet to 172.8 feet by 8.6 feet.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address,

and telephone number of the person commenting, protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, motions to intervene, or
protests must set forth their evidentiary basis. Any filing made by an
intervenor must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 385.2010.

    Dated: September 18, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-23509 Filed 9-21-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Notices]
[Page 40249-40250]
[DOCID:fr11au09-128]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60442; File No. SR-ISE-2009-57]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating To Amending the Direct Edge ECN Fee Schedule

August 5, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 31, 2009, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Direct Edge ECN's (``DECN'') fee
schedule for ISE Members \3\ to (i) create a new tier, called the Full
Sweep Tier, to provide a rebate for ISE Members that use ROUT orders
that meet a volume theshold for amount of liquidity added on EDGX and
to (ii) adopt new fees and rebates.
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    \3\ References to ISE Members in this filing refer to DECN
Subscribers who are ISE Members.
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    All of the changes described herein are applicable to ISE Members.
The text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.ise.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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.

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

1. Purpose
    DECN, a facility of ISE, operates two trading platforms, EDGX and
EDGA. On July 1, 2009,\4\ the Exchange adopted a new Ultra Tier Rebate,
as defined below, whereby ISE Members are provided a $0.0032 rebate per
share for securities priced at or above $1.00 when ISE Members add
liquidity on EDGX if the attributed MPID satisfies one of the following
criteria on a daily basis, measured monthly: (i) Adding 100,000,000
shares or more on EDGX; or (ii) adding 50,000,000 shares or more of
liquidity to EDGX, so long as added liquidity on EDGX is at least
20,000,000 shares greater than the previous calendar month. The rebate
described above is referred to as an ``Ultra Tier Rebate'' on the DECN
fee schedule.
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    \4\ See Securities and Exchange Act Release No. 60232 (July 2,
2009), 74 FR 33309 (July 10, 2009) (SR-ISE-2009-43).
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    The Exchange is now proposing to establish an additional tier
called the Full Sweep Tier, whereby ISE Members are provided a $0.0035
rebate per share for securities priced at or above $1.00 when ISE
Members add liquidity on EDGX if the attributed MPID use of the ROUT
order type adds 50,000,000 shares or more of liquidity to EDGX on a
daily basis, measured monthly. A ROUT order type that is sent to EDGX
is an order type that does a full sweep of the EDGX book, before being
exposed to Enhanced Liquidity Providers (``ELPs'').\5\ This order type
will then route to away market centers if there is additional
unexecuted liquidity. This order type is primarily used for agency
orders, especially retail order flow. The rebate is designed to
encourage the use of this particular type of liquidity.
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    \5\ DECN currently operates a program known as the ``Enhanced
Liquidity Provider'' (``ELP'') program on its two trading platforms,
EDGX and EDGA, pursuant to which parties entering orders into DECN
can elect to display their marketable orders to designated liquidity
providers before the order is routed or cancelled.
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    The Exchange also proposes to adopt additional fees and rebates.
First, the Exchange proposes to adopt a fee of $0.0024 per share for
securities priced at or above $1.00 which add liquidity to LavaFlow ECN
(``LavaFlow'') and are routed from either EDGX or EDGA. Such a strategy
is deemed a ROLF routing strategy, which is a destination specific
routing strategy that will first sweep the EDGA or EDGX order book
before being delivered to LavaFlow. A conforming amendment will be made
to the fee schedule to yield an ``M'' flag to account

for this fee. Conversely, for liquidity that is routed through either
EDGA or EDGX and removes liquidity from LavaFlow, ISE members will be
charged $0.0029 per share for securities priced at or above $1.00. Such
situation will yield a flag of ``U.'' However, if an ISE member posts
an average of 50,000 shares or more using a ROLF routing strategy,
yielding flag M, then such ISE member's fee, when removing liquidity
from LavaFlow, will decrease to $0.0022 per share and yield flag U.
Finally, the Exchange proposes to rebate $0.0025 per share for
securities priced at or above $1.00 when ISE members add liquidity on
EDGX via an EDGA-originated ROUC routing strategy.\6\ Such situation
will yield liquidity Flag ``P.''
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    \6\ ROUC designated orders are multi-destination orders that
sweep the internal order book and ELP destinations before any
unfilled quantity is routed to low cost destinations.
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    The fee changes discussed in this filing will become operative on
August 1, 2009.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\7\ in general, and
furthers the objectives of Section 6(b)(4),\8\ in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees and other charges among its members and other persons using
its facilities. In particular, adopting the Full Sweep Tier Rebate
provides pricing incentives to market participants who route orders to
DECN, allowing DECN to remain competitive. ISE notes that DECN operates
in a highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. The proposed rule change reflects a
competitive pricing structure designed to incent market participants to
direct their order flow to DECN. ISE believes the fees and credits
remain competitive with those charged by other venues and therefore
continue to be reasonable and equitably allocated to those members that
opt to direct orders to DECN rather than competing venues.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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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 Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3) of the Act \9\ and Rule 19b-4(f)(2) \10\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2009-57 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-ISE-2009-57. 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 the filing also will be available for
inspection and copying at the principal office of the ISE. 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-ISE-2009-57 and should be
submitted on or before September 1, 2009.

    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,
Deputy Secretary.
[FR Doc. E9-19186 Filed 8-10-09; 8:45 am]

BILLING CODE 8010-01-P