[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34724]
[DOCID:fr18jn08-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-417-000]

Equitrans, L.P.; Notice of Request Under Blanket Authorization

June 11, 2008.
    Take notice that on June 2, 2008, Equitrans, L.P. (Equitrans), 225
North Shore Drive, Pittsburgh, Pennsylvania 15212, filed in Docket No.
CP08-417-000, an application pursuant to sections 157.205 and 157.213
of the Commission's Regulations under the Natural Gas Act (NGA) as
amended, to drill two horizontal storage injection/withdrawal wells in
its Logansport Storage Reservoir in Marion County, West Virginia, under
Equitrans' blanket certificate issued in Docket No. CP96-532-000, all
as more fully set forth in the application which is on file with the
Commission and open to the public for inspection.
    Equitrans proposes to drill two horizontal storage injection/
withdrawal wells in order to replace four wells proposed to be
abandoned in its Logansport Storage Reservoir \1\ as part of an April
10, 2008, settlement agreement with the Consolidation Coal Company
(Consol), who owns and operates a longwall coal mining operation (the
Robinson Run Mine) in Marion County, West Virginia, which is in close
proximity to Equitrans' Logansport Storage Field. Equitrans states that
the parties have agreed to the respective rights, duties, obligations
and liabilities of each party relating to the continued operation of
Equitrans' Logansport Storage Field in tandem with Consol's coal mining
operations. Equitrans also states that it would cost approximately
$4,000,000 to drill the two replacement injection/withdrawal wells.
---------------------------------------------------------------------------

    \1\ Equitrans has also proposed in a concurrent filing in Docket
No. CP08-416-000 to abandon four injection/withdrawal wells.
---------------------------------------------------------------------------

    Any questions concerning this application may be directed to Andrew
L. Murphy, Vice President, Equitrans, L.P., 225 North Shore Drive,
Pittsburgh, Pennsylvania 15212, or telephone<PHONE_NUMBER> or facsimile
412-395-3166.
    This filing is available for review at the Commission or may 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 filed to access the document. For
assistance, please contact FERC Online Support at FERC
<EMAIL_ADDRESS>or call toll-free at<PHONE_NUMBER>, or, for
TTY, contact<PHONE_NUMBER>. Comments, protests and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
intervenors to file electronically.
    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-13681 Filed 6-17-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Notices]
[Page 60166]
[FR Doc No: 2012-24271]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Certification
Procedures for Products and Parts

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. 14 CFR part 21 prescribes certification standards for
aircraft, aircraft engines, propellers appliances and parts. The
information collected is used to determine compliance and applicant
eligibility. The respondents are aircraft parts designers,
manufacturers, and aircraft owners.

DATES: Written comments should be submitted by December 3, 2012.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0018.
    Title: Certification Procedures for Products and Parts.
    Form Numbers: FAA Forms 8110-12, 8130-1, 8130-6, 8130-9, 8130-12.
    Type of Review: Renewal of an information collection.
    Background: 14 CFR Part 21 prescribes certification standards for
aircraft, aircraft engines, propellers appliances and parts. The
information collected is used to determine compliance and applicant
eligibility. FAA Airworthiness inspectors, designated inspectors,
engineers, and designated engineers review the required data submittals
to determine that aviation products and articles and their
manufacturing facilities comply with the applicable requirements, and
that the products and articles have no unsafe features.
    Respondents: Approximately 13,339 aircraft parts designers,
manufacturers, and aircraft owners.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 30 minutes.
    Estimated Total Annual Burden: 19,487 hours.

ADDRESSES: Send comments to the FAA at the following address: Ms. Kathy
DePaepe, Room 126B, Federal Aviation Administration, AES-200, 6500 S.
MacArthur Blvd., Oklahoma City, OK 73169.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC on September 25, 2012.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2012-24271 Filed 10-1-12; 8:45 am]
BILLING CODE 4910-13-P


	RCRA REVISION CHECKLIST 209

  Universal Waste Rule: Specific Provisions for Mercury Containing Equipment
                              70 FR 45508 - 45522
	August 5, 2005
                          (RCRA Cluster XVI, Non-HSWA)

Note: In order for a state to receive authorization for this checklist, which adds mercury containing equipment to the list of universal wastes, it must first have authorization for Revision Checklist 142 A (universal waste).

Name of State:  Washington

State Statutory Authority:  Chapter 70.105 RCW

Title of Regulations: Chapter 173-303   WAC                                              Effective Date:   July 31, 2009

Date Checklist Completed:  May 10, 2010

                             FEDERAL REQUIREMENTS

                             FEDERAL RCRA CITATION

                           ANALOGOUS STATE CITATION

                               STATE ANALOG IS:

                                  EQUIV-ALENT

                                     LESS
                                    STRIN-
                                     GENT

                                MORE STRIN-GENT

                               BROADER IN SCOPE

             PART 260 HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

                            SUBPART B DEFINITIONS
                                                                            †
DEFINITIONS

add "Mercury-containing equipment" in alphabetical order
260.10 "Mercury-containing equipment"
173-303-040
The state rule is equivalent.  It is worded differently in that it includes examples.
                                       X

In definition of "universal
waste",  the introductory paragraph is republished without change
260.10 "universal
waste"
173-303-040

                                       X

In definition of "universal
waste", revise subparagraph
(3) by replacing "Thermostats" with "Mercury-containing equipment"
260.10 "universal
waste"
173-303-040
The state deleted the separate category for thermostats
                                       X

            PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

                               SUBPART A GENERAL
                                                                            †
REQUIREMENTS FOR UNIVERSAL WASTE

replace "Thermostats" with "Mercury-containing equipment"
261.9(c)
173-303-077(2)
                                       X

PART 264 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES

                               SUBPART A GENERAL
                                                                            †
PURPOSE, SCOPE, AND APPLICABILITY

replace "Thermostats" with "Mercury-containing equipment"
264.1(g)(11)(iii)
173-303-600(3)(o)(ii)
                                       X

PART 265 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARODUS WASTE TREATMENT, STORAGE AND DISOSAL FACILITIES

                               SUBPART A GENERAL
                                                                            †
PURPOSE, SCOPE, AND APPLICABILITY.

replace "Thermostats" with "Mercury-containing equipment"
265.1(c)(14)(iii)
173-303-400(2)(c)(xi)(B)
                                       X

                     PART 268  LAND DISPOSAL RESTRICTIONS

                               SUBPART A GENERAL
                                                                            †
PURPOSE, SCOPE, AND APPLICABILITY

replace "Thermostats" with "Mercury-containing equipment"
268.1(f)(3)
140(2)(a) IBR
045(1)

 PART 270 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM

                         SUBPART A GENERAL INFORMATION
                                                                            †
PURPOSE AND SCOPE OF THESE REGULATIONS

replace "Thermostats" with "Mercury-containing equipment"
270.1(c)(2)(viii)(C)
173-303-800(7)(c)(iii)(B)

               PART 273 STANDARDS FOR UNIVERSAL WASTE MANAGEMENT

                               SUBPART A GENERAL
                                                                            †
SCOPE

replace "Thermostats" with "Mercury-containing equipment"
273.1(a)(3)
173-303-573(1)(a)(ii)

                                                                            †
APPLICABILITY -- MERCURY-CONTAINING EQUIPMENT

replace first occurrence of "Thermostats" with "Mercury-containing equipment"; replace second occurrence of "thermostats" with "mercury-containing equipment"
273.4(a)
173-303-573(3)(a)
                                       X

replace first occurrence of "Thermostats" with "Mercury-containing equipment"; replace second occurrence of "thermostats" with "mercury-containing equipment"
273.4(b) introductory paragraph
173-303-573(3)(b)
                                       X

replace existing subparagraph: Mercury-containing equipment that is not yet a waste under part 261 of this chapter.  Paragraph (c) of this section describes when mercury-containing equipment becomes a waste;
273.4(b)(1)
173-303-573(3)(b)(i)
                                       X

replace existing subparagraph;.  mercury-containing equipment that is not a hazardous waste.  Mercury-containing equipment is a hazardous waste if it exhibits one or more of the characteristics identified in part 261, subpart C of this chapter or is listed in part 261, subpart D of this chapter; and
273.4(b)(2)
173-303-573(3)(b)(ii)
                                       X

add subparagraph; equipment and devices from which the mercury-containing components have been removed.
273.4(b)(3)
173-303-573(3)(b)(iii)
                                       X

In heading replace "thermostats" with "mercury-containing equipment"; replace "A used thermostat" with "Used mercury-containing equipment"; remove "(e.g., sent for reclamation)" after "discarded"
273.4(c)(1)
173-303-573(3)(c)(i)
                                       X

replace "An unused thermostat" with "Unused mercury-containing equipment"
273.4(c)(2)
173-303-573(3)(c)(ii)
                                       X

                                                                            †
DEFINITIONS

add "Ampule" in alphabetical order
273.9 "Ampule"
173-303-040
Note: The state was previously authorized as more stringent because it did not have this definition, and the stringency determination has changed from the previous authorization of being more stringent to now being equivalent
                                       X

replace "thermostats" with "mercury-containing equipment"; in the last sentence replace "kilograms or more total of universal waste is accumulated" with "kilogram limit is met or exceeded"
273.9 "Large Quantity Handler of Universal Waste"
173-303-040
The state is more stringent because universal waste lamps are regulated at a lower accumulation limit

                                       X

add "Mercury-containing equipment" in alphabetical order
273.9 "Mercury-containing equipment"
173-303-040
The state definition includes examples
                                       X

replace "thermostats" with "mercury-containing equipment";
273.9 "Small Quantity Handler of Universal Waste"
173-303-040
The state is more stringent because universal waste lamps are regulated at a lower accumulation limit

                                       X

in definition of "universal
waste",  the introductory paragraph is republished without change
273.9 "Universal Waste"
173-303-040
                                       X

in definition of "universal
waste", subparagraph (3) replace "Thermostats" with "Mercury-containing equipment";
273.9 "Universal Waste"
173-303-040
                                       X

      SUBPART B STANDARDS FOR SMALL QUANTITY HANDLERS OF UNIVERSAL WASTE
                                                                            †
WASTE MANAGEMENT

replace  the heading "Universal waste thermostats" with "Mercury-containing equipment"; replace "thermostats" with "mercury-containing equipment"
273.13(c) introductory paragraph
173-303-573(9)(b)
                                       X

in the first sentence replace: "must contain" with "must place in a container"; replace "thermostat" with "mercury-containing equipment with non-contained elemental mercury or", and "in a container" with "under reasonably foreseeable conditions"; in the second sentence: replace "thermostat and" with "device", add to the end ", and must be reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means."
273.13(c)(1)
173-303-573(9)(b)(i)
This rule was previous authorized as more stringent because it did not allow equipment with non-contained elemental mercury to be managed as universal waste
                                       X

replace "thermostats" with "mercury-containing equipment"
273.13(c)(2) introductory paragraph
173-303-573(9)(b)(ii)
                                       X

insert "and manages" after "removes"
273.13(c)(2)(i)
173-303-573(9)(b)(ii)(A) The phrase
"and manages" is not included in the state rule; an oversight
                                       X

not changed although published in the final rule
273.13(c)(2)(ii)
173-303-573(9)(b)(ii)(B)
                                       X

replace "the" with "that" before "containment device"
273.13(c)(2)(iii)
173-303-573(9)(b)(ii)(C)
                                       X

not changed although published in the final rule
273.13(c)(2)(iv)-(vii)
173-303-573(9)(b)(ii)(D)-(G)
                                       X

remove "and" from the end of the provision
273.13(c)(2)(viii)
173-303-573(9)(b)(ii)(H)
The word "and" was not removed from the state rule; an oversight
                                       X

redesignate previous 273.13(c)(3) as 273.13(c)(4) and add new subparagraph (c)(3); a small quantity handler of universal waste mercury-containing equipment that does not contain an ampule may remove the open original housing holding the mercury from universal waste mercury-containing equipment provided the handler:
273.13(c)(3) introductory paragraph
173-303-573(9)(b)(iii)
The state did not previously have this provision, but was authorized as more stringent because it did not allow this activity
                                       X

immediately seals the original
housing holding the mercury with an air-tight seal to prevent the release of any mercury to the environment; and
273.13(c)(3)(i)
173-303-573(9)(b)(iii)(A)
The state was previously authorized as more stringent because it did not allow this activity
                                       X

follows all requirements for
removing ampules and managing
removed ampules under paragraph
(c)(2) of this section; and
273.13(c)(3)(ii)
173-303-573(9)(b)(iii)(B)
                                       X

                                                                              3
replace "thermostats" with "mercury-containing equipment or seals mercury from mercury-containing equipment in its original housing"
273.13(c)(4)(i) introductory paragraph
173-303-573(9)(b)(iv)(A)
The state was previously authorized as more stringent because it did not allow this activity
                                       X

remove the semi-colon (;) after "leaks"
273.13(c)(4)(i)(A)
173-303-573(9)(b)(iv)(A)(I)
This grammatical correction was not done; an oversight but still equivalent.
                                       X

insert "or housings" after "ampules"; in the parenthetical replace "remaining thermostat units" with "the remaining mercury-containing device"
273.13(c)(4)(i)(B)
173-303-573(9)(b)(iv)(A)(II)
                                       X

text unchanged in final rule
273.13(c)(4)(ii)
173-303-573(9)(b)(iv)(B)
                                       X

text unchanged in final rule
273.13(c)(4)(iii)
173-303-573(9)(b)(iv)(C)
                                       X

                                                                            †
LABELING/MARKING

redesignate existing 273.14(d) as 273.14(d)(2) and add new subparagraph designated as 273.14(d)(1),; Universal waste mercury-containing equipment (i.e., each device), or a container in which the equipment is contained, must be labeled or marked clearly with any of the following phrases: "Universal Waste -- Mercury
Containing Equipment,'' ``Waste Mercury-Containing Equipment,'' or ``Used Mercury-Containing Equipment.''
273.14(d)(1)
173-303-573(10)(b)(i)

                                       X

                                                                              4
redesignate existing 273.14(d)(1) as 273.14(d)(2); replace text before the colon (:) with "A universal waste mercury-containing thermostat or container containing only universal waste mercury-containing thermostats may be labeled or marked clearly with any of the following phrases"
273.14(d)(2)
173-303-573(10)(b)(ii)
                                       X

      SUBPART C STANDARDS FOR LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE
                                                                            †
NOTIFICATION

replace "thermostats" with "mercury-containing equipment"
273.32(b)(4)
173-303-573(19)(b)(iv)
Note: "thermostats" was not removed through an oversight, although the state rule remains equivalent
                                       X

remove text from end starting with "and the types of universal waste..."
273.32(b)(5)
173-303-573(19)(b)(v)
The state is more stringent because universal waste lamps are regulated at a lower accumulation limit.  The state rule includes an example calculation for determining LQHUW status.  Thermostats was not deleted from this example by oversight

                                       X

                                                                            †
WASTE MANAGEMENT

replace "Universal waste thermostats" with "Mercury-containing equipment"; replace "thermostats" with "mercury-containing equipment";
273.33(c) introductory paragraph
173-303-573(20)(b)
                                       X

in the first sentence replace: "must contain" with "must place in a container", "thermostat" with "mercury-containing equipment with non-contained elemental mercury or", and "in a container" with "under reasonably foreseeable conditions"; in the second sentence: replace "thermostat and" with "device", add to the end ", and must be reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means."
273.33(c)(1)
173-303-573(20)(b)(i)
This rule was previous authorized as more stringent because it did not allow equipment with non-contained elemental mercury to be managed as universal waste
                                       X

replace "thermostats" with "mercury-containing equipment"
273.33(c)(2) introductory paragraph
173-303-573(20)(b)(ii)
                                       X

insert "and manages" after "removes"
273.33(c)(2)(i)
173-303-573(20)(b)(ii)(A)
                                       X

not changed although published in the final rule
273.33(c)(2)(ii)
173-303-573(20)(b)(ii)(B)
                                       X

replace "from" with "of" before "broken ampules", and "the" with "that" before "containment device"
273.33(c)(2)(iii)
173-303-573(20)(b)(ii)(C)
                                       X

not changed although published in the final rule
273.33(c)(2)(iv)-(vii)
173-303-573(20)(b)(ii)((D)-(G)
                                       X

remove "and" from the end of the provision
273.33(c)(2)(viii)
173-303-573(20)(b)(ii)(H)
                                       X

redesignate previous 273.33(c)(3) as 273.33(c)(4) and add new subparagraph (c)(3); a large quantity handler of universal waste mercury-containing equipment that does not contain an ampule may remove the open original housing holding the mercury from universal waste mercury-containing equipment provided the handler:
273.33(c)(3) introductory paragraph
173-303-573(20)(b)(iii)
The state did not previously have this provision, but was authorized as more stringent because it did not allow this activity
                                       X

immediately seals the original
housing holding the mercury with an air-tight seal to prevent the release of any mercury to the environment; and
273.33(c)(3)(i)
173-303-573(20)(b)(iii)(A)
The state was previously authorized as more stringent because it did not allow this activity
                                       X

follows all requirements for
removing ampules and managing
removed ampules under paragraph
(c)(2) of this section; and
273.33(c)(3)(ii)
173-303-573(20)(b)(iii)(B)
                                       X

                                                                              5
redesignate previous 273.33(c)(3) as 273.33(c)(4); replace "thermostats" with "mercury-containing equipment or seals mercury from mercury-containing equipment in its original housing"
273.33(c)(4)(i) introductory paragraph
173-303-573(20)(b)(iv)(A)
                                       X

remove the semi-colon (;) after "leaks"
273.33(c)(4)(i)(A)
173-303-573(20)(b)(iv)(A)(I)
The semi-colon (;) was not removed; an oversight
                                       X

insert "or housings" after "ampules"; in the parenthetical replace "remaining thermostat units" with "the remaining mercury-containing device"
273.33(c)(4)(i)(B)
173-303-573(20)(b)(iv)(A)(II)
                                       X

text unchanged in final rule
273.33(c)(4)(ii)
173-303-573(20)(b)(iv)(B)
                                       X

text unchanged in final rule
273.33(c)(4)(iii)
173-303-573(20)(b)(iv)(C)
                                       X

                                                                            †
LABELING/MARKING

redesignate existing 273.34(d) as 273.34(d)(2) and add new subparagraph designated as 273.34(d)(1), universal waste mercury-containing equipment (i.e., each device), or a container in which the equipment is contained, must be labeled or marked clearly with any of the following phrases: "Universal Waste -- Mercury
Containing Equipment,'' ``Waste Mercury-Containing Equipment,'' or ``Used Mercury-Containing Equipment.''
273.34(d)(1)
173-303-573(21)(b)(i)
                                       X

redesignate existing 273.34(d) as 273.34(d)(2); replace text before the colon (:) with "A universal waste mercury-containing thermostat or container containing only universal waste mercury-containing thermostats may be labeled or marked clearly with any of the following phrases"
273.34(d)(2)
173-303-573(21)(b)(ii)
                                       X

†	Optional provisions.


[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Page 40473]
[FR Doc No: 2013-16116]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-1747-000]

eBay Inc.; Supplemental Notice That Initial Market-Based Rate
Filing Includes Request for Blanket Section 204 Authorization

June 28, 2013.
    This is a supplemental notice in the above-referenced proceeding,
of eBay Inc.'s application for market-based rate authority, with an
accompanying rate schedule, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is July 18, 2013.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 28, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-16116 Filed 7-3-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 29, 2009 (Volume 74, Number 208)]
[Notices]
[Page 55874-55875]
[DOCID:fr29oc09-116]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60862; File No. SR-NASDAQ-2009-088]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change To Modify Fees for Members Using the NASDAQ Market Center

October 22, 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 October 13, 2009, The NASDAQ Stock Market LLC (``NASDAQ'' or
``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 substantially prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons, and is approving the
proposal on an accelerated basis.
---------------------------------------------------------------------------

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

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

    NASDAQ proposes to modify pricing for NASDAQ members using the
NASDAQ Market Center. NASDAQ proposes to implement this rule change as
of October 1, 2009. The text of the proposed rule change is available
at http://nasdaqomx.cchwallstreet.com/, at NASDAQ's principal office,
and at the Commission's Public Reference Room.

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

    In its filing with the Commission, NASDAQ 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 III below. NASDAQ 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
    NASDAQ is proposing changes to the fees associated with the use of
the NASDAQ Market Center. First, NASDAQ is proposing to modify the
level of activity required to receive NASDAQ's most favorable rate for
accessing liquidity in securities listed on NASDAQ or the New York
Stock Exchange (``NYSE''). During the months of August and September
2009, members paid a fee of $0.0027 per share executed if they had an
average daily volume during the month of (i) more than 140 million
shares of liquidity routed, removed and/or provided, and (ii) more than
35 million shares of liquidity provided. On October 1, 2009, the level
of liquidity routed, removed and/or provided needed to receive the
favorable rate had been scheduled to revert automatically to its pre-
August level of 150 million shares. The 140 million share level for
August and September 2009 had been established to reflect lower trading
volumes anticipated during those months. Instead of allowing the rate
to revert to 150 million shares, however, NASDAQ proposes to set the
level at 145 million shares. As trading volumes revert to higher levels
with the end of the summer, the change will make it easier for members
to receive the favorable ``take'' rate. NASDAQ is also deleting
obsolete fee language referencing NASDAQ Rule 4758(a)(1)(A), portions
of which had formerly governed ``flash'' orders and were recently
deleted.\3\ NASDAQ discontinued flash orders at the beginning of
September 2009.
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    \3\ Securities Exchange Act Release No. 60570 (August 26, 2009),
74 FR 45504 (September 2, 2009) (SR-NASDAQ-2009-079).
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    Commission approval is required to make the change retroactive to
the beginning of the month of October. NASDAQ notes that the change to
the level of liquidity routed, removed and/or provided needed to
receive a favorable take rate will make it easier for members to obtain
this rate than would have been the case in the absence of the change.
Thus, the change effectively constitutes a price reduction for members
that are able to achieve the 145 million share level but not able to
achieve the 150 million share level. Accordingly, NASDAQ believes that
the Commission should approve the filing on an accelerated basis to
allow the change to be effective for the month of October 2009.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\4\ in general, and with Section
6(b)(4) of the Act,\5\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which NASDAQ operates or controls. NASDAQ is adjusting the level of
activity in NASDAQ required to receive its most favorable rate for
accessing liquidity, making it easier for members to receive this rate.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4).
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    The impact of the change upon the net fees paid by a particular
market participant will depend upon a number of variables, including
the availability of liquidity at the NASDAQ Market Center, the prices
of the market participant's quotes and orders, and its overall volume
of liquidity routed, removed and/or provided through NASDAQ. NASDAQ
notes that it operates in a highly competitive market in which market
participants can readily direct order flow to competing venues if they
deem fee levels at a particular venue to be excessive. NASDAQ believes
that its fees remain competitive with other venues and are reasonable
and equitably allocated to those members on the basis of whether they
opt to direct orders to NASDAQ.

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

III. 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-NASDAQ-2009-088 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-NASDAQ-2009-088. 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, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2009-088 and should be submitted on or before
November 19, 2009.

IV. Commission's Findings and Order Granting Accelerated Approval of a
Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\6\ In
particular, approval of the retroactive application of the proposal is
consistent with Section 6(b)(4) of the Act,\7\ which requires that the
rules of a national securities exchange provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and issuers and other parties using its facilities.
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    \6\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f(b)(4).
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    The Commission notes that the changes outlined in this proposed
rule change were also contained in an September 30, 2009 submission by
NASDAQ for immediate effectiveness pursuant to Section 19(b)(3)(A) \8\
of the Act and Rule 19b-4(f)(2) \9\ thereunder; however that submission
was rejected because it was not filed in accordance with the
requirements of the Act and the rules and regulations thereunder.\10\
The proposed fee changes would otherwise qualify for immediate
effectiveness pursuant to Section 19(b)(3)(A) \11\ of the Act and Rule
19b-4(f)(2).\12\ However, because the proposed rule change seeks
retroactive application of a fee change, NASDAQ filed pursuant to
Section 19(b)(2) of the Act.\13\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ See 19 CFR 240.19b-4 and 19 CFR 249.819 Appendix A.
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 15 U.S.C. 78s(b)(2).
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    The Commission finds good cause, consistent with Section 19(b)(2)
of the Act,\14\ for approving the proposed rule change before the
thirtieth day after the date of publication of notice of filing thereof
in the Federal Register with such approval retroactive to October 1,
2009. Retroactive approval of this proposal allows the proposed rule
change to take effect for the month of October 2009.
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    \14\ Id.
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-NASDAQ-2009-088) is hereby approved
on an accelerated basis.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-26022 Filed 10-28-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: December 17, 2008 (Volume 73, Number 243)]
[Notices]
[Page 76623-76624]
[DOCID:fr17de08-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12611-004]

Verdant Power, LLC; Notice of Preliminary Permit Applications
Accepted for Filing and Soliciting Comment, Motions To Intervene, and
Competing Applications

December 9, 2008.
    On December 1, 2008, Verdant Power, LLC filed an application,
pursuant to section 4(f) of the Federal Power Act, proposing to study
the feasibility of the Roosevelt Island Project, to be located on East
River in New York County, New York.
    The proposed Roosevelt Island Tidal Energy Project consists of: (1)
A proposed 30 turbine array of the East Channel with an installed
capacity of 1 megawatts, (2) a proposed 100 turbine array with an
installed capacity of 4

megawatts the west channel, (3) a proposed transmission line, and (5)
appurtenant facilities. The Verdant Power, LLC project using the
Verdant turbines project, would have an average annual generation of 12
gigawatt-hours and be sold to a local utility.
    Applicant Contact: Mr. William H. Taylor, Verdant Power, LLC, The
Octogon, 888 Main Street, New York, NY 10044, phone<PHONE_NUMBER>.
    FERC Contact: Robert Bell,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
12611-004) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-29854 Filed 12-16-08; 8:45 am]

BILLING CODE 6717-01-P