[Federal Register: March 27, 2007 (Volume 72, Number 58)]
[Notices]
[Page 14319-14321]
[DOCID:fr27mr07-84]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55501; File No. SR-Phlx-2007-22]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Orders With Two-Day Delivery

March 21, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on March 16, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III, below which Items have been substantially prepared by the
Phlx. The Exchange has designated the proposed rule change as
constituting a ``non-controversial'' rule change under

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 Phlx Rule 162(b)(2) and (3)
regarding two-sided orders with a delivery of two days after the day of
execution, which is a non-regular way settlement. The text of the
proposed rule change is available at the Exchange, on the Exchange's
Web site (http://www.phlx.com/exchange/phlx_rule_fil.html), and at

the Commission's Public Reference Room.

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

    In its filing with the Commission, the Phlx 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 Phlx 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 purpose of the proposed rule change is to modify the method of
order marking for non-regular way two-sided orders on XLE to conform to
the method used by the National Securities Clearing Corporation
(``NSCC''). The NSCC treats equity transactions with a non-regular
settlement condition of two days as a ``Seller's Option'' instead of a
``Next Day'' transaction.\5\ Currently, Phlx treats equity transactions
with a non-regular settlement condition of two days as a ``Next Day''
transaction.
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    \5\ See Securities Exchange Act Release No. 54816 (November 27,
2006), 71 FR 69604 (December 1, 2006) (SR-NSCC-2006-09) (text at
footnote 5).
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    Effectively, this proposed rule change does not change the
availability or the attributes of a two-day settlement transaction
(i.e., settlement of the securities two days after a transaction), but
simply changes the method of order marking on XLE. At this time, Phlx
proposes to change its rules and its specification for XLE to conform
them to this change.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 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 that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative 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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires that a self-regulatory organization submit to the
Commission written notice of its 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 Commission notes that the Exchange has satisfied the
pre-filing notice requirement.
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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-Phlx-2007-22 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2007-22. 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. Copies of the filing
also will be available for inspection and copying at the principal
office of the Phlx. 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-Phlx-2007-22 and should be submitted on or before April 17, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-5551 Filed 3-26-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Rules and Regulations]
[Pages 40237-40242]
[FR Doc No: 2011-16935]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2006-0601; FRL-9223-4]

Approval and Disapproval and Promulgation of Air Quality
Implementation Plans; Montana; Revisions to the Administrative Rules of
Montana--Air Quality, Subchapter 7 and Other Subchapters

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is partially approving and partially disapproving State
Implementation Plan (SIP) revisions submitted by the State of Montana
on August 26, 1999, May 28, 2003, March 9, 2004, October 25, 2005, and
October 16, 2006. The revisions contain new, amended, and repealed
rules in Subchapter 7 (Permit, Construction, and Operation of Air
Contaminant Sources) that pertain to the issuance of Montana air
quality permits, in addition to other minor administrative changes to
other subchapters of the Administrative Rules of Montana (ARM). In this
action, EPA is approving those portions of the rules that are
approvable and disapproving those portions of the rules that are

inconsistent with the Clean Air Act (CAA). This action is being taken
under section 110 of the CAA.

DATES: Effective Date: This final rule is effective August 8, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2006-0601. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly-available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129,<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Montana mean the State of Montana, unless
the context indicates otherwise.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    The CAA (section 110(a)(2)(C)) and 40 CFR 51.160 require states to
have legally enforceable procedures to prevent construction or
modification of a source if it would violate any SIP control strategies
or interfere with attainment or maintenance of the National Ambient Air
Quality Standards (NAAQS). Such minor New Source Review (NSR) programs
are for pollutants from stationary sources that do not require
Prevention of Significant Deterioration (PSD) or nonattainment NSR
permits. States may customize the requirements of the minor NSR program
as long as their program meets minimum requirements.
    In a proposed rule action published on March 4, 2010, EPA proposed
to partially approve and partially disapprove revisions to the State of
Montana's State Implementation Plan (SIP) submitted on August 26, 1999,
May 28, 2003, March 9, 2004, October 25, 2005, and October 16, 2006 (as
described below). The revisions contain new, amended, and repealed
rules in Subchapter 7 (Permit, Construction and Operation of Air
Contaminant Sources) that pertain to the issuance of Montana air
quality permits, and in addition other subchapters of the ARM.

A. August 26, 1999 Submittal

    On August 26, 1999, the Governor of Montana submitted a SIP
revision request. The revision contains amended and repealed rules to
various subchapters in the ARM that were adopted by the Montana Board
of Environmental Review (Board) on May 14, 1999. Specific to Subchapter
7 (Permit, Construction, and Operation of Air Contaminant Sources), the
submittal revised ARM 17.8.705 and 17.8.733 and repealed ARM 17.8.708.
However, as indicated below, a May 28, 2003 submittal rescinded the
August 26, 1999 revisions to ARM 17.8.705 and 17.8.733.

B. May 28, 2003 Submittal

    On May 28, 2003, the Governor of Montana submitted a SIP revision
request. The revision contains new, amended, and repealed rules adopted
by the Board on December 6, 2002. The new and repealed rules pertain to
the issuance of Montana air quality permits and are in Subchapter 7 of
the ARM. The amended rules contain references to the new and repealed
rules.
    The new rules include: ARM 17.8.740, 17.8.743, 17.8.744, 17.8.745,
17.8.748, 17.8.749, 17.8.752, 17.8.755, 17.8.756, 17.8.759, 17.8.760,
17.8.762, 17.8.763, 17.8.764, 17.8.765, 17.8.767, and 17.8.770.
    The repealed SIP-approved rules include: ARM 17.8.701, 17.8.702,
17.8.704, 17.8.705, 17.8.706, 17.8.707, 17.8.710, 17.8.715, 17.8.716,
17.8.717, 17.8.720, 17.8.730, 17.8.731, 17.8.732, 17.8.733, and
17.8.734.
    The amended SIP-approved rules include: ARM 17.8.101, 17.8.110,
17.8.309, 17.8.310, 17.8.818, 17.8.825, 17.8.826, 17.8.901, 17.8.904,
17.8.905, 17.8.906, 17.8.1004, 17.8.1005, 17.8.1106, and 17.8.1109.
    The May 28, 2003 submittal also rescinded outstanding SIP
submissions for rules that amended the following: ARM 17.8.702, adopted
July 20, 2001 and submitted on December 20, 2001 \1\; and ARM 17.8.705
and 17.8.733, adopted on May 14, 1999 and submitted on August 26, 1999.
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    \1\ Note that the May 28, 2003 submittal requested rescinding
revisions to ARM 17.8.702, adopted on July 20, 2001 and submitted on
December 20, 2001. EPA had already approved the revisions to ARM
17.8.702 (see 67 FR 55125, 8/28/02, and 40 CFR 52.1370(c)(55)) by
the time we had received the May 28, 2003 letter. However, the May
28, 2003 submittal also requests that all of ARM 17.8.702 be
repealed. We are proposing to remove ARM 17.8.702 from the
federally-approved SIP.
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C. March 9, 2004 Submittal

    On March 9, 2004, the Governor of Montana submitted a SIP revision
request. The revision contains amended rules adopted by the Board on
September 26, 2003. The amended rules pertain to the issuance of
Montana air quality permits. The following rules were amended: ARM
17.8.749, 17.8.759, 17.8.763, and 17.8.764.

D. October 25, 2005 Submittal

    On October 25, 2005, the Governor of Montana submitted a SIP
revision request. The revision contains amended rules adopted by the
Board on June 3, 2005. EPA approved all of the October 25, 2005
submittal on July 19, 2006 (71 FR 40922), except for ARM 17.8.767. We
are addressing ARM 17.8.767 in this action.

E. October 16, 2006 Submittal

    On October 16, 2006, the Governor of Montana submitted a SIP
revision request. The revision contains an amended rule for ARM
17.8.743(1) and new rules codified as ARM 17.8.1601, 17.8.1602,
17.8.1603, 17.8.1604, 17.8.1605, and 17.8.1606, and ARM 17.8.759
adopted by the Board on December 2, 2005. The submittal also requested
to withdraw ARM 17.8.743(1)(c) from being incorporated into the SIP. We
are addressing ARM 17.8.759 in this action. The revision to ARM
17.8.743(1) and the new rules pertain to the regulation of oil and gas
well facilities, and we will address this revision request in a
separate action.

II. Response to Comments

    EPA received one letter from WildEarth Guardians (WG) commenting on
EPA's Federal Register action proposing approval and disapproval of the
Montana SIP Provisions in Docket

ID No. EPA-R08-OAR-2006-0601. In this section EPA responds to the
significant adverse comments made by the commenter.
    Comment No. 1--The commenter opposed EPA's approval of ARM
17.8.743(2) and (3). The commenter alleges that these rules directly
contradict 40 CFR 51.160. To the extent the commenter makes this
argument, EPA responds below.
    EPA Response--EPA disagrees with the commenter's assessment. First,
the commenter references 40 CFR 51.160(b) in particular, the
requirement that a plan must set forth legally enforceable procedures
which include a means for the State or local permitting agency to
prevent construction or modification of a source if it will interfere
with applicable portions of the control strategy or the attainment or
maintenance of a national standard. The commenter asserts that ARM
17.8.743(2) allows a stationary source to initiate construction
activities upon receipt of a ``completeness determination'' pursuant to
ARM 17.8.759 and that the ``completeness determination'' requirements
are insufficient to show compliance with 40 CFR 51.160(b).
    EPA has determined the Montana rules are consistent with the CAA
and EPA regulations, and therefore approvable as a SIP revision.
Section 110(a)(2)(C) of the CAA requires that SIPs include a program
for regulating the construction and modification of stationary sources
as necessary to ensure that the NAAQS are achieved. The Montana
regulations clearly regulate the construction and modification of
stationary sources and ensure that the NAAQS will be met. In addition,
as explained in the proposed rule, EPA's regulations at 40 CFR 51.160
do not require the issuance of a permit for the construction or
modification of minor sources, but only that the SIP include legally
enforceable procedures to prevent the construction of a source or
modification that would violate the SIP control strategy or interfere
with attainment or maintenance of the NAAQS. EPA-approved SIP minor NSR
programs in several states do not require permits prior to
construction, but instead contain other enforceable procedures. See 75
FR 54562 (Sept. 26, 2007) (Missouri), 68 FR 2217 (Jan. 16, 2003)
(Idaho).
    Montana's rules include enforceable procedures to prevent the
construction of any source or modification that would violate SIP
requirements. In determining whether or not the SIP includes these
legally enforceable procedures, EPA does not look at a particular
component of an implementation plan in isolation (such as ARM
17.8.743(2) and (3)). EPA must be able to determine that, with the
revisions in place, the whole ``plan as revised'' meets the
requirements of 51.160. In addition, Montana's rule contains sufficient
safeguards to meet the requirements of 51.160. First, the State is not
obligated to issue a permit where the owner or operator received a
completeness determination. ARM 17.8.743(4). Second, the rule contains
a provision indicating that if the owner or operator proceeds with the
initial construction activities it accepts the regulatory risks of
engaging in such activities. ARM 17.8.743(4). Third, Montana's rule
contains safeguards regarding the type of activity allowed before
permit issuance. The rule only allows installing concrete foundations
work, below ground plumbing, installing ductwork, and other
infrastructure and/or excavation work involving the same. ARM
17.8.743(2). Fourth, the rule specifically prohibits the construction
or installation of emission units (without a permit or a State
determination that the unit will not interfere with the NAAQS or a
control strategy). ARM 17.8.743(2). Thus EPA disagrees with the
commenter's suggestion that the rule does not state that construction
or modification of the emission units subject to permitting cannot
commence prior to issuance of the permit.
    EPA has determined the addition of ARM 17.8.743(2) and (3) to the
Montana Air Quality Program (MAQP) do not compromise the legally
enforceable procedures in the MAQP and meet the requirements of 40 CFR
51.160.
    The commenter also suggests that the phrase ``[a] true minor source
is not subject to PSD requirements and is not subject to other federal
requirements'' is confusing and appears to be a contradiction to the
requirements of 40 CFR 51.160.
    During the rulemaking process, EPA's intent was to make it
explicitly clear that ARM 17.8.743(2) and (3) only apply to ``true''
minor sources in order to ensure that sources that are subject to
federal requirements (i.e., PSD and synthetic minors) do not begin any
construction prior to permit issuance. 17.8.743(5) states: ``The
provisions of (2) do not supersede any other local, State, or federal
requirements associated with the activities set forth therein.'' EPA
has interpreted ``federal requirements'' to mean synthetic minor permit
limits. PSD provisions remain applicable until a proposed project
legally obtains synthetic minor status (i.e., obtains permitted limits
which limit the source below the PSD thresholds). Therefore, EPA has
concluded that the rule only applies to true minor sources.
    Comment No. 2--The commenter opposed EPA's approval of ARM
17.8.752(1)(a)(i), alleging that this approval appears contrary to
Section 110(l) of the CAA in that it would weaken current permitting
requirements and will lead to more air pollution than would otherwise
be allowed. The commenter states that the current minor source Best
Available Control Technology (BACT) provision (triggered for an entire
source) has been relied upon by Montana and EPA to ensure that the
NAAQS will be attained and maintained pursuant to Section 110 of the
CAA. The commenter acknowledges there is no federal requirement for
minor source BACT. To the extent the commenter makes this argument, EPA
responds below.
    EPA Response--EPA disagrees with this comment. As the commenter
points out, there is no federal requirement for BACT for minor sources
and the inclusion of ARM 17.8.752(1)(a)(i) is a ``discretionary''
control measure. Measures not tied to an area's classification and not
mandated by the CAA are often referred to as ``discretionary''
measures. States can remove discretionary measures from attainment,
nonattainment or maintenance plans. In this instance, the State has not
removed this discretionary control measure from its SIP, but has
revised it. This revision results in minor source BACT applying only to
the specific emissions unit being modified as opposed to the whole
source. This revision will result in fewer sources postponing or
foregoing modifying emission units, even those that would implement
emission reductions, in order to avoid a comprehensive review and
expensive upgrades to an entire facility.
    EPA again notes that maintaining compliance with the NAAQS and
Section 110 of the CAA is not dependent on a single component of the
Montana ARM or a single revision of the SIP, but how the revisions as a
whole affect attainment and maintenance of the NAAQS. ARM 17.8.752 has
been used in addition to the remainder of the MAQP rules, individual
control plans for nonattainment areas, generally applicable rules
prohibiting certain emitting activities, open burning rules, etc. in
order to ensure compliance with the NAAQS. ARM 17.8.752, as revised in
this rule, does not weaken the MAQP program and thus a 110(l) analysis
is not required before EPA can approve this provision.
    Comment No. 3--The commenter states that the SIP revisions do not
set

forth legally enforceable procedures that enable the State to determine
how construction or modification of a stationary source impacts the
ambient air quality standards and how these impacts will be assessed,
in particular the ozone and PM2.5 NAAQS, as required by 40
CFR 160(a)(2). The commenter further alleges that the SIP, in general,
is not consistent with the procedures set forth in 40 CFR 160.
    EPA Response--EPA disagrees with this comment. The revisions being
approved in this action provide legally enforceable procedures for
Montana's minor NSR to determine whether the construction of a new or
modified source will result in interference with the NAAQS. ARM
17.8.743 requires sources to obtain a Montana air quality permit or a
completeness determination before construction of a source may begin.
ARM 17.8.743(3) states ``* * * the department may issue a letter
instructing the owner or operator to immediately cease such activities
pending a final determination on an application if it finds that the
proposed project would result in a violation of the State
Implementation Plan or would interfere with the attainment or
maintenance of any federal or state ambient air quality standard.''
This satisfies the requirement of 40 CFR 51.160(a)(2) because it is a
legally enforceable procedure that enables the State to prevent
violations of the control strategy or interference with the NAAQS.
    SIP revisions being approved in this action are not intended to
determine the ability of the SIP as a whole to implement, maintain, and
enforce each NAAQS promulgated by the EPA. For example, Montana
submitted a SIP revision to demonstrate that the State meets the
requirements of Section 110(a)(1) and (2) of the Clean Air Act for
ozone and PM2.5. This revision addresses basic SIP
requirements, including emission inventories, monitoring, enforcement
of emission limits and control measures, and modeling to assure
attainment and maintenance of the standards. The evaluation of these
``infrastructure'' SIPs, as well as currently approved section 110
SIPs, need to be considered in determining whether the SIP as a whole
provides appropriate legally enforceable procedures to ensure
attainment and maintenance of the NAAQS.

III. Final Action

    EPA is partially approving and partially disapproving SIP revisions
submitted by the State of Montana on August 26, 1999, May 28, 2003,
March 9, 2004, October 25, 2005, and October 16, 2006. First, in this
action EPA is approving the removal of the following provisions from
the federally-approved SIP: ARM 17.8.701, 17.8.702, 17.8.704, 17.8.705,
17.8.706, 17.8.707, 17.8.710, 17.8.715, 17.8.716, 17.8.717, 17.8.720,
17.8.730, 17.8.731, 17.8.732, 17.8.733, and 17.8.734.
    Second, EPA is approving the following new Subchapter 7 provisions
into the federally-approved SIP: ARM 17.8.740 (except 17.8.740(10) and
(14) and the following phrases in 17.8.740(8)(a) and (c), respectively,
(1) ``except when a permit is not required under ARM 17.8.745'' and (2)
``except as provided in ARM 17.8.745'' and the phrase ``reasonable
period of time for startup and shutdown'' in ARM 17.8.740(2)),
submitted on May 28, 2003; 17.8.743 (except the phrases ``asphalt
concrete plants, mineral crushers'' in 17.8.743(1)(b) ``and 17.8.745''
in 17.8.743(1), and 17.8.743(1)(c)), submitted on May 28, 2003;
17.8.744 and 17.8.748, submitted on May 28, 2003; 17.8.749(1), (3),
(4), (5), (6), and (8), submitted on May 28, 2003; 17.8.749(7),
submitted on March 9, 2004; 17.8.752, 17.8.755, and 17.8.756, submitted
on May 28, 2003; 17.8.759(1) through (3), submitted on May 28, 2003;
17.8.759(4) through (6), submitted on October 16, 2006; 17.8.760 and
17.8.762, submitted on May 28, 2003; 17.8.763(1) and (4), submitted on
May 28, 2003; 17.8.763(2) and (3), submitted on March 9, 2004;
17.8.764(1) (except the phrase ``the emission increase meets the
criteria in ARM 17.8.745 for a de minimis change not requiring a
permit'' in 17.8.764(1)(b)) and (4), submitted on May 28, 2003;
17.8.764(2) and (3), submitted on March 9, 2004; 17.8.765, submitted on
May 28, 2003; 17.8.767(1)(a) through (c), submitted on May 28, 2003;
and 17.8.767(1)(d) through (g), (2), (3), and (4), submitted on October
25, 2005.
    Third, EPA is disapproving the following new Subchapter 7
provisions: ARM 17.8.749(2), ARM 17.8.740(10), 17.8.740(14); and
portions of 17.8.740(2).
    Fourth, EPA is approving revisions to the following sections of
other subchapters submitted on May 28, 2003: ARM 17.8.101(4);
17.8.110(7), (8), and (9); 17.8.818(1); 17.8.825(3); 17.8.826(1) and
(2); 17.8.904(1) and (2); 17.8.905(1) and (4); 17.8.906; 17.8.1004;
17.8.1005(1), (2), and (5); 17.8.1106; and 17.8.1109.
    Additionally, EPA is not acting, at the request of the State, on
the following provisions in Subchapter 7: ARM 17.8.743(1)(c) and ARM
17.8.770, the phrase ``asphalt concrete plants, mineral crushers'' in
ARM 17.8.743(1)(b) and ARM 17.8.745 submitted on May 28, 2003.
    Note that, with respect to Montana's rules relating to new source
review, EPA has determined that Montana's rules meet the requirements
of 40 CFR part 51, subpart I, as currently in effect. And while EPA is
approving the state's permit to construct rules, EPA recognizes that it
has a responsibility to insure that all states properly implement their
preconstruction permitting programs. Therefore, EPA's approval of
Montana's rules in no way divests EPA of our continued oversight (as
set forth in CAA sections 113, 167, and 505(b)) to insure that
Montana's permits are consistent with the CAA, EPA regulations, and the
SIP.
    Consistent with EPA's proposal, this SIP approval does not extend
to Indian country in Montana. See 75 FR 9843.
    Finally, EPA is not acting on the following provisions of other
subchapters because they were either disapproved in a previous action
or they relate to a rule EPA is not taking action on: the following
phrases in 17.8.740(8)(a) and (c), respectively, (1) ``except when a
permit is not required under ARM 17.8.745'' and (2) ``except as
provided in ARM 17.8.745,'' submitted on May 28, 2003; ARM
17.8.309(5)(b), 17.8.310(3)(e), 17.8.316(6), and 17.8.901(14)(e)(iii),
submitted on May 28, 2003; the phrase ``and 17.8.745'' in ARM
17.8.743(1), submitted on May 28, 2003; ARM 17.8.749(2) submitted on
May 28, 2003; the phrase ``the emission increase meets the criteria in
ARM 17.8.745 for a de minimis change not requiring a permit,'' in ARM
17.8.764(1)(b), submitted on May 28, 2003; and ARM 17.8.743(1),
17.8.1601, 17.8.1602, 17.8.1603, 17.8.1604, 17.8.1605, and 17.8.1606,
submitted on October 16, 2006.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed 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 September 6, 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 24, 2010.
James B. Martin,
Regional Administrator, Region 8.

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 BB--Montana

0
2. Amend Sec.  52.1370 by adding paragraphs (c)(49)(i)(F),
(c)(55)(i)(B), and (c)(70) to read as follows:

Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (49) * * *
    (i) * * *
    (F) Previously approved in paragraph (c)(49)(i)(A) under Subchapter
7: Permit, Construction, and Operation of Air Contaminant Sources.
These sections are now deleted without replacement: ARM 17.8.701,
Definitions; ARM 17.8.702, Incorporation by Reference (excluding
17.8.702(1)(f)); ARM 17.8.704, General Procedures for Air Quality
Preconstruction Permitting; 17.8.705, When Permit Required-Exclusions;
17.8.706, New or Altered Sources and Stacks-Permit Application
Requirements; 17.8.707 Waivers; 17.8.710, Conditions for Issuance of
Permit; 17.8.715, Emission Control Requirements; 17.8.716, Inspection
of Permit; 17.8.717, Compliance with Other Statutes and Rules;
17.8.720, Public Review of Permit Applications; 17.8.730, Denial of
Permit; 17.8.731, Duration of Permit; 17.8.732, Revocation of Permit;
17.8.733, Modification of Permit; 17.8.734, Transfer of Permit, as
adopted by Montana on 12/9/1996 and effective 12/27/2002.
* * * * *
    (55) * * *
    (i) * * *
    (B) Previously approved in paragraph (c)(55)(i)(A) under Subchapter
7: Permit Construction and Operation of Air Contaminant Sources. This
section is now deleted without replacement: ARM 17.8.702(1)(g),
Incorporation by Reference, as adopted by Montana on 7/20/2001 and
effective 12/27/2002.
* * * * *
    (70) On May 28, 2003, March 9, 2004, October 25, 2005 and October
16, 2006, the State of Montana submitted revisions to its State
Implementation Plan (SIP) that contained new, revised, amended and
repealed rules pertaining to the issuance of Montana air quality
permits in addition to minor administrative changes to other
subchapters of the Administrative Rules of Montana (ARM).
    (i) Incorporation by reference.
    (A) Letter from David L. Klemp, Montana State Air Director, to
Deborah Lebow Aal, Acting Air Program Director, dated April 29, 2011.
For certain sections, the following incorporates by reference official
State of Montana publications of the Administrative Rules of Montana
that are dated after the effective date shown in the incorporation by
reference for each section. In these instances, the official
publication provides a history for the section showing the last
effective date of a change. For each of these sections, the last
effective date of a change matches the effective date of the section,
showing that the official publication reflects the text of the section
as of the effective date shown in the following incorporation by
reference. The sections, their effective dates, and the date of the
publication are as follows: ARM 17.8.825, effective 12/27/2002,
publication 9/30/2006; ARM 17.8.826, effective 12/27/2002, publication
9/30/2006; ARM 17.8.906, effective 12/27/2002, publication 6/30/2003;
ARM 17.8.740, effective 12/27/2002, publication 9/30/2006; ARM
17.8.744, effective 12/27/2002, publication 12/31/2005; ARM 17.8.752,
effective 12/27/2002, publication 6/30/2006; ARM 17.8.755, effective
12/27/2002, publication 6/30/2006; ARM 17.8.756, effective 12/27/2002,
publication 6/30/2006; ARM 17.8.767, effective 12/27/2002, publication
3/31/

2004; ARM 17.8.749, effective 10/17/2003, publication 6/30/2006; ARM
17.8.759, effective 10/17/2003, publication 12/31/2003; ARM 17.8.763,
effective 10/17/2003, publication 6/30/2006; ARM 17.8.764, effective
10/17/2003, publication 6/30/2006; ARM 17.8.602, effective 6/17/2005,
publication 3/31/2007; ARM 17.8.767, effective 6/17/2005, publication
6/30/2006; ARM 17.8.802, effective 6/17/2005, publication 12/31/2005;
ARM 17.8.1102, effective 6/17/2005, publication 3/31/2007; ARM
17.8.759, effective 12/23/2005, publication 9/30/2006.
    (B) ARM submission dated May 28, 2003.
    (1) The following provisions of the ARM are amended effective 12/
27/2002: 17.8.101, Definitions, (4) ``Air quality preconstruction
permit,''; 17.8.110, Malfunctions, (7), (8), and (9); 17.8.818, Review
of Major Stationary Sources and Major Modifications--Source
Applicability and Exemptions, (1); 17.8.825, Sources Impacting Federal
Class I Areas--Additional Requirements, (3); 17.8.826, Public
Participation; 17.8.904, When Montana Air Quality Permit Required;
17.8.905, Additional Conditions of Montana Air Quality Permit, (1) and
(4); 17.8.906, Baseline for Determining Credit for Emissions and Air
Quality Offsets; 17.8.1004, When Montana Air Quality Permit Required;
17.8.1005, Additional Conditions of Montana Air Quality Permit, (1),
(2) and (5); 17.8.1106, Visibility Impact Analysis; 17.8.1109, Adverse
Impact and Federal Land Manager.
    (2) The following new provisions of the ARM are effective 12/27/
2002: 17.8.740, Definitions, (except for the phrase in 17.8.740(2)
``includes a reasonable period of time for startup and shakedown and'';
the phrase in 17.8.740(8)(a) ``, except when a permit is not required
under ARM 17.8.745''; the phrase in 17.8.740(8)(c) ``, except as
provided in ARM 17.8.745''; 17.8.740(10) ``Negligible risk to the
public health, safety, and welfare and to the environment''; and
17.8.740(14) ``Routine Maintenance, repair, or replacement'');
17.8.743, Montana Air Quality Permits--When Required, (except the
phrase in 17.8.743(1) ``and 17.8.745,'', the phrase in 17.8.743(1)(b)
``asphalt concrete plants, mineral crushers, and'', and
17.8.743(1)(c)); 17.8.744, Montana Air Quality Permits--General
Exclusions; 17.8.748, New or Modified Emitting Units--Permit
Application Requirements; 17.8.749, Conditions For Issuance or Denial
of Permit, (1), (3), (4), (5), (6), and (8); 17.8.752, Emission Control
Requirements; 17.8.755, Inspection of Permit; 17.8.756, Compliance with
Other Requirements; 17.8.759, Review of Permit Applications, (1)
through (3); 17.8.760, Additional Review of Permit Applications;
17.8.762, Duration of Permit; 17.8.763, Revocation of Permit, (1) and
(4); 17.8.764, Administrative Amendment to Permit, (1) (except for the
phrase in 17.8.764(1)(b) ``unless the increase meets the criteria in
ARM 17.8.745 for a de minimis change not requiring a permit, or''), (2)
and (3); 17.8.765, Transfer of Permit; 17.8.767, Incorporation by
Reference, (1)(a) through (c).
    (C) ARM submission dated March 09, 2004.
    (1) The following provisions of the ARM are amended effective 10/
17/2003: 17.8.749, Conditions For Issuance or Denial of Permit, (7);
17.8.759, Review of Permit Applications; 17.8.763, Revocation of
Permit, (2) and (3); 17.8.764, Administrative Amendment to Permit, (2)
and (3).
    (D) ARM submission dated October 25, 2005.
    (1) The following provisions of the ARM are amended effective 6/17/
2005: 17.8.102, Incorporation by Reference--Publication Dates;
17.8.103, Incorporation by Reference and Availability of Referenced
Documents; 17.8.302, Incorporation by Reference; 17.8.602,
Incorporation by Reference; 17.8.767, Incorporation by Reference,
(1)(d) through (g), (2), (3), and (4); 17.8.802, Incorporation by
Reference; 17.8.902, Incorporation by Reference; 17.8.1002,
Incorporation by Reference; 17.8.1102, Incorporation by Reference.
    (E) ARM submission dated October 16, 2006.
    (1) The following provisions of the ARM are amended effective 12/
23/2005: 17.8.759, Review of Permit Applications, (4) through (6).
* * * * *

    Editorial Note: This document was received in the Office of the
Federal Register on June 30, 2011.

[FR Doc. 2011-16935 Filed 7-7-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 19, 2010 (Volume 75, Number 74)]
[Notices]
[Page 20415-20417]
[DOCID:fr19ap10-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61887; File No. SR-NASDAQ-2010-041]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Make Conforming Changes to Certain Notification Requirements

April 12, 2010.
    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 26, 2010, The NASDAQ Stock Market LLC (``Nasdaq'') 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 Nasdaq. Nasdaq has designated the proposed rule change as
effecting a change described under Rule 19b-4(f)(6) under the Act,\3\
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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Nasdaq proposes to modify the Listing Rules to make conforming
changes to certain notification requirements.
    The text of the proposed rule change is below. Proposed new
language is in italic; proposed deletions are in [brackets].\4\
---------------------------------------------------------------------------

    \4\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at http://
nasdaq.cchwallstreet.com.
---------------------------------------------------------------------------

5250. Obligations for Companies Listed on The Nasdaq Stock Market
    (a) No change.
    (b) Obligation to Make Public Disclosure
    (1) No change.
    (2) As set forth in Rule 5810(b), a Company that receives a
notification of deficiency from Nasdaq is required to make a public
announcement by filing a Form 8-K, where required by SEC rules, or by
issuing a press release disclosing receipt of the notification and the
Rule(s) upon which the deficiency is based. However, note that in the
case of a deficiency related to the requirement to file a periodic
report contained in Rule 5250(c)(1) or (2), the Company is required to
make the public announcement by issuing a press release. As described
in Rule 5250(b)(1) and IM-5250-1, [notice to the] the Company must
notify Nasdaq's MarketWatch Department [must be made] about the
announcement through the electronic disclosure submission system
available at www.nasdaq.net, except in emergency situations when
notification may instead be provided by telephone or facsimile. If the
public announcement is made during Nasdaq market hours, the Company
must notify MarketWatch at least ten minutes prior to the [public]
announcement. If the public announcement is made outside of Nasdaq
market hours, the Company must notify MarketWatch of the announcement
prior to 6:50 a.m. ET.
    (c)-(f) No change.
* * * * *
5810. Notification of Deficiency by the Listing Qualifications
Department
    When the Listing Qualifications Department determines that a
Company does not meet a listing standard set forth in the Rule 5000
Series, it will immediately notify the Company of the deficiency. As
explained in more detail below, deficiency notifications are of four
types:
    (1)-(4) No change.
    Notifications of deficiencies that allow for submission of a
compliance plan or an automatic cure or compliance period may result,
after review of the compliance plan or expiration of the cure or
compliance period, in issuance of a Staff Delisting Determination or a
Public Reprimand Letter.
    (a) No change.
    (b) Company Disclosure Obligations
    A Company that receives a notification of deficiency, Staff
Delisting Determination, or Public Reprimand Letter is required to make
a public announcement disclosing receipt of the notification and the
Rule(s) upon which the deficiency is based. A Company that receives a
notification of deficiency or Staff Delisting Determination related to
the requirement to file a periodic report contained in Rule 5250(c)(1)
or (2) is required to make the public announcement by issuing a press
release disclosing receipt of the notification and the Rule(s) upon
which the deficiency is based, in addition to filing any Form 8-K
required by SEC rules. In all other cases, the Company may make the
public announcement either by filing a Form 8-K, where required by SEC
rules, or by issuing a press release. [Before release of the public
announcement, Companies must provide a copy of the announcement to
Nasdaq's MarketWatch Department.] As described in Rule 5250(b)(1) and
IM-5250-1, [notice to the] the Company must notify Nasdaq's MarketWatch
Department [must be made] about the announcement through the electronic
disclosure submission system available at www.nasdaq.net, except in
emergency situations when notification may instead be provided by
telephone or facsimile. If the public announcement is made during
Nasdaq market hours, the Company must notify MarketWatch at least ten
minutes prior to the [public] announcement. If the public announcement
is made outside of Nasdaq market hours, the Company must notify
MarketWatch of the announcement prior to 6:50 a.m. ET. The Company
should make the public announcement as promptly as possible but not
more than four business days following receipt of the notification.
    (c)-(d) No change.
* * * * *
5840. Adjudicatory Process: General Information
    (a)-(j) No change.
    (k) Disclosure of Public Reprimand Letter
    A Company that receives an Adjudicatory Body Decision that serves
as a Public Reprimand Letter must make a public announcement by filing
a Form 8-K, where required by SEC rules, or by issuing a press release
disclosing the receipt of the Decision, including the Rule(s) upon
which the Decision was based. [Prior to the release of the public
announcement, the Company must provide such disclosure to Nasdaq's
MarketWatch Department.] As described in Rule 5250(b)(1) and IM-5250-1,
[notice to the] the Company must notify Nasdaq's MarketWatch Department
[must be made] about the announcement through the electronic disclosure
submission system available at www.nasdaq.net, except in emergency
situations when notification may instead be provided by telephone or
facsimile. If the public announcement is made during Nasdaq market
hours, the Company must notify MarketWatch at least ten minutes prior
to the [public] announcement. If the public announcement is made
outside of Nasdaq market hours, the Company must notify MarketWatch of
the announcement prior to 6:50 a.m. ET. The Company should make the
public announcement [should be made] as

promptly as possible[,] but not more than four business days following
receipt of the Decision.
* * * * *

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 IV 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 recently adopted changes to certain of its press release
requirements for Nasdaq-listed companies (the ``Press Release
Filing'').\5\ Subsequent to Nasdaq's filing and the Commission's
publication of this proposal,\6\ Nasdaq made an immediately effective
change to its rules to clarify when listed companies must provide
notification to Nasdaq of material information disclosed outside of
market hours.\7\ As revised, when the material information is made
public outside of Nasdaq market hours, Nasdaq companies must provide
notification of the information to MarketWatch by 6:50 a.m. ET. Nasdaq
proposes to make conforming changes to the rules modified in the Press
Release Filing, such that Rules 5250(b)(2), 5810(b) and 5840(k) would
each specify that if a required public announcement is made during
market hours, the company must notify Nasdaq's MarketWatch Department
at least ten minutes prior to making the announcement to the public;
otherwise the company must notify the MarketWatch Department prior to
6:50 am ET. Nasdaq also proposes to clarify that companies are not
required to use the electronic disclosure submission system to notify
MarketWatch in emergency situations, when notification may instead be
provided by telephone or facsimile.\8\ Finally, Nasdaq proposes to make
other non-substantive changes to these rules so that they each use
consistent language.
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 61713 (March 15, 2010),
75 FR 13629 (March 22, 2010) (SR-NASDAQ-2010-006).
    \6\ Securities Exchange Act Release No. 61461 (February 1,
2010), 75 FR 6241 (February 8, 2010) (SR-NASDAQ-2010-006).
    \7\ Securities Exchange Act Release No. 61521 (February 16,
2010), 75 FR 8156 (February 23, 2010) (SR-NASDAQ-2010-008).
    \8\ IM-5250-1 already provides that companies do not have to use
the electronic disclosure submission system in an emergency
situation and provides examples of emergency situations, such as the
lack of computer or internet access, technical problems, and cases
where no draft disclosure document is available.
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\9\ in general and with Sections
6(b)(5) of the Act,\10\ in particular in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposed change will
conform Nasdaq's notification requirements in the rules amended in the
Press Release Filing with Nasdaq's notification requirements for the
disclosure of material information, thereby reducing confusion among
listed companies and investors.
---------------------------------------------------------------------------

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

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, 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 \11\ and
Rule 19b-4(f)(6) thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
written notice of its 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 this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \13\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay.
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiver of the operative delay is
consistent with the protection of investors and the public interest
because the proposed rule change would merely conform Rules 5250(b)(2),
5810(b) and 5840(k) to the notification requirements when companies
release material information outside of market hours in Nasdaq's other
rules,\15\ thereby reducing company and investor confusion. As such,
the Commission believes that the proposed rule change raises no new
regulatory issues. Additionally, Nasdaq's clarification that in
emergencies, companies are not required to notify MarketWatch through
the electronic disclosure system but may do so via telephone or
facsimile aligns the rules to the existing requirements of Nasdaq Rule
5250(b)(1) and IM-5250-1, further reducing confusion for companies.\16\
For these reasons, the Commission designates that the proposed rule
change become operative immediately upon filing.\17\
---------------------------------------------------------------------------

    \15\ See Nasdaq Rule 5250(b)(1) and IM-5250-1.
    \16\ See supra note 8.
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the 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 No. SR-NASDAQ-2010-041 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 No. SR-NASDAQ-2010-041. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of NASDAQ. 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-NASDAQ-2010-041 and should be
submitted on or before May 10, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-8947 Filed 4-16-10; 8:45 am]
BILLING CODE 8011-01-P


Bill

Harnett/RTP/USEP

A/US
                  To

<EMAIL_ADDRESS>

             10/10/2008 07:29
<EMAIL_ADDRESS>

AM
                   cc

<EMAIL_ADDRESS>

<EMAIL_ADDRESS>

                            Subject

  Flexible Permits Review

Dear Heidi and Art,

We need a confirming e-mail from you that the Flexible Permit Package

does not need to be submitted formally to you.  Thanks.

Bill


[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Notices]
[Page 66764-66767]
[DOCID:fr16no06-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

November 07, 2006.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC07-11-000.
    Applicants: American Electric Power Service Corp.
    Description: AEP Operating Companies' request for disclaimer of
jurisdiction or, in the alternative, application for approvals under
Section 203 of the Federal Power Act.
    Filed Date: 10/31/2006.
    Accession Number: 20061106-0134.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER95-1528-013; ER97-2758-013; ER96-1088-038; ER96-
1858-018; ER01-2659-007; ER02-2199-005; ER03-54-005; ER03-55-005; ER03-
56-005; ER03-674-005; ER01-1114-006; ER05-89-006.
    Applicants: Wisconsin Public Service Corporation; Advantage Energy,
Inc.; Wisconsin Power Development, LLC; WPS Energy Services; Mid-
American Power, LLC; Combined Locks Energy Center, LLC; WPS Empire
State, Inc.; WPS Beaver Falls Generation, LLC; WPS Niagara Generation,
LLC; WPS Syracuse Generation, LLC; Quest Energy, LLC; WOS Canada
Generation, Inc. and WPS New England Generation, Inc.; Upper Peninsula
Power Company.
    Description: WPS Resources Corp on behalf of WPS Energy Services
Inc submits a Notice of Change in Status set forth in the Commission's
Order 652.
    Filed Date: 11/02/2006.
    Accession Number: 20061107-0060.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER00-1049-007; ER00-1895-007; ER00-3696-006; ER01-
1044-007; ER01-140-006; ER01-141-006; ER01-1619-009; ER01-3109-007;
ER01-943-006; ER02-2202-010; ER02-443-008; ER02-506-007; ER02-553-006;
ER03-42-011; ER05-1266-004; ER96-1947-020; ER98-2680-012; ER98-2681-
012; ER98-2682-012; ER98-2783-010; ER99-1567-006; ER99-1785-011; ER99-
2157-007; ER99-2602-006; ER99-3822-009; ER99-4160-010.
    Applicants: Calcasieu Power, LLC; Dynegy Midwest Generation, Inc.;
Griffith Energy LLC; Riverside Generating Company, LLC; Dynegy
Danskammer, L.L.C.; Dynegy Roseton, LLC; Duke Energy Mohave, LLC;
Renaissance Power, L.L.C; Heard County Power, LLC; Duke Energy
Arlington Valley, LLC; Bluegrass Generation Company, L.L.C.; Rolling
Hills Generating, LLC; Sithe/Independence Power Partners, L.P.;
Ontelaunee Power Operating Company, LLC; LS POWER MARKETING LLC; Duke
Energy Moss Landing LLC; Duke Energy Morro Bay LLC; Duke Energy Oakland
LLC; BRIDGEPORT ENERGY LLC; ROCKINGHAM POWER LLC; Duke Energy South
Bay, LLC; Rocky Road Power LLC; LSP-Kendall Energy, LLC; Casco Bay
Energy Company, L.L.C.; Dynegy Power Marketing, Inc.
    Description: Dynegy Entities and LSP Entities submits notice of
non-material change in status and request for expedited review under
ER02-506 et al.
    Filed Date: 11/02/2006.
    Accession Number: 20061107-0082.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER06-18-004.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits proposed revisions to their Open Access Transmission & Energy
Markets Tariff, to comply with FERC's 2/3/06 Order.
    Filed Date: 11/01/2006.
    Accession Number: 20061107-0084.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER06-360-004; ER06-361-004; ER06-362-004; ER06-363-
004; ER06-366-004; ER06-372-004; ER06-373-004.
    Applicants: Midwest Independent Transmission System Operator, Inc.;
Miswest ISO Transmission Owners.
    Description: Midwest Independent Transmission System Operator, Inc
et al. submit proposed revisions to Schedule 23 etc pursuant to FERC's
10/4/06 order under ER06-360 et al.
    Filed Date: 11/03/2006.
    Accession Number: 20061107-0061.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER06-993-002.
    Applicants: Orion Power MidWest, LP.
    Description: Orion Power MidWest LP submits proposed revisions to
its tariff sheets to implement Cost of Service Recovery Rates in
compliance with FERC's directives in the October 13 Order.
    Filed Date: 11/01/2006.
    Accession Number: 20061107-0083.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER06-1201-002.
    Applicants: E.On U.S. Services, Inc.
    Description: E.ON US, LLC on behalf of Louisville Gas and Electric
Co and Kentucky Utilities submit a joint Interconnection Agreement with
East Kentucky Power Cooperative pursuant to the 10/4/06 letter order.
    Filed Date: 11/03/2006.
    Accession Number: 20061107-0059.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER06-1252-002.
    Applicants: E.On U.S. Services, Inc.
    Description: E.ON U.S. LLC on behalf of Louisville Gas and Electric
Co submits a Transmission Lease Agreement with East Kentucky Power
Cooperative.
    Filed Date: 11/03/2006.
    Accession Number: 20061107-0056.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER06-1401-002.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits a Second Substitute
Allegheny Ridge Interim Service Agreement, designated as Second
Substitute Original Service Agreement 1541.
    Filed Date: 11/01/2006.
    Accession Number: 20061107-0085.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER06-1438-001.
    Applicants: Louisville Gas & Electric Company/KU.
    Description: Louisville Gas and Electric Co et al. submit revised
cost-based tariff sheets containing a 9/1/06 effective date pursuant to
the 10/4/06 letter order etc.
    Filed Date: 11/03/2006.
    Accession Number: 20061107-0062.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-147-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas and Electric Co. submits Amendment 2 to
the Interconnection Agreement designated as Service Agreement 14 to
FERC Electric Tariff, Second Revised Volume 6.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0002.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-148-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas and Electric Company submits Amendment 2
to Interconnection Agreement designated as Service Agreement 18 to its
FERC Electric Tariff, Second Revised Volume 6.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0003.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-149-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits Notice of
Cancellation of its FERC Rate Schedule 207 the Must-Run Service
Agreement with California Independent System Operator et al.
    Filed Date: 11/01/2006.
    Accession Number: 20061106-0004.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-150-000.
    Applicants: Public Service Company of New Mexico; Texas-New Mexico
Power Company, TNP Enterprises, Inc.

    Description: Public Service Company of New Mexico submits an Open
Access Transmission Tariff under FERC Electric Tariff, Original Volume
6, effective 1/1/07.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0129.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-151-000.
    Applicants: New England Power Pool Participants Committee.
    Description: New England Power Pool Participants Committee submits
transmittal letter along with counterpart signature pages of the New
England Power Pool Agreement dated as of 9/1/71.
    Filed Date: 11/01/2006.
    Accession Number: 20061106-0001.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-152-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Duke Energy Carolinas, LLC submits the October 31,
2006 Confirmation of a Master Power Purchase and Sale Agreement with
Progress Energy Carolinas, Inc. pursuant to Section 205 of the Federal
Power Act.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0121.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-153-000.
    Applicants: Ameren Services Company.
    Description: Ameren Services Company on behalf of Central Illinois
Light Company submits Original Sheet 1 et al. to FERC Electric Tariff,
Original Volume No. 1.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0058.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-154-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits Third Revised Sheets 1 and
4 of First Revised Rate Schedule FERC 233, Electric Power Supply
Agreement with the City of Robinson, Kansas.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0005.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-155-000.
    Applicants: LBPC Power, Inc.
    Description: LBPC Power, Inc. submits a Petition for Acceptance of
Initial Tariff, Waivers and Blanket Authority and request acceptance of
FERC Tariff, Original Volume No. 1.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0007.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-156-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator Inc. submits
Proposed Revisions regarding the shortening of the NYISO submit
customer Settlement Cycle.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0014.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-157-000.
    Applicants: Macquarie Cook Power, Inc.
    Description: Macquarie Cook Power, Inc. submits an Application for
Order Accepting Initial Rate Schedule for Filing, Waiving Regulations
and Granting Blanket Approvals.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0008.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-158-000.
    Applicants: Williams Power Company, Inc.
    Description: Williams Power Company, Inc. submits a Notice of
Cancellation of its FERC Second Revised Rate Schedule 19 Reliability
Must-Run Agreement with California Independent System Operator
Corporation.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0009.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-159-000.
    Applicants: Williams Power Company, Inc.
    Description: Williams Power Company Inc., submits Notice of
Cancellation of its Second Revised FERC Rate Schedule 17 Reliability
Must-Run Agreement with California Independent System Operator
Corporation.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0010.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-160-000.
    Applicants: Goose Haven Energy Center, LLC.
    Description: Goose Haven Energy Center LLC submits a Notice of
Termination of its FERC Rate Schedule 2 Reliability Must-Run Agreement
with California Independent System Operator Corporation.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0011.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-161-000.
    Applicants: LOS Esteros Critical Energy Center, LLC.
    Description: Los Esteros Critical Energy Facility, LLC submits a
Notice of Termination of its FERC Rate Schedule 2 Reliability Must-Run
Agreement with California Independent System Operator Corporation.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0012.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-162-000.
    Applicants: Delta Energy Center, LLC.
    Description: Delta Energy Center LLC submits Notice of Termination
of its FERC Rate Schedule 2 the Reliability Must-Run Agreement with
California Independent System Operator Corporation.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0006.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-163-000.
    Applicants: Creed Energy Center, LLC.
    Description: Creed Energy Center LLC submits Notice of Termination
of its FERC Rate Schedule 2 Reliability Must-Run Agreement with
California Independent System Operator Corporation.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0013.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-164-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits notices
of cancellation of PNM Rate Schedules & Service Agreements currently on
file with the Commission etc. under ER07-164 et al.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0122.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-166-000.
    Applicants: Texas New Mexico Power Company; Public Service Company
of New Mexico.
    Description: Texas-New Mexico Power Company, et al. submit certain
notices of cancellation of Rate Schedules and Service Agreements etc.
    Filed Date: 11/02/2006.
    Accession Number: 20061106-0196.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-167-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas & Electric Co. submits a Notice of
Cancellation of the Reliability Must Run Agreement with the California
Independent System Operator Corp. for the Palomar Energy Center
Facility, dated 1/27/06.

    Filed Date: 11/01/2006.
    Accession Number: 20061107-0087.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-168-000.
    Applicants: San Diego Gas & Electric Company.
    Description: San Diego Gas & Electric Co. submits a Notice of
Cancellation of the Reliability Must Run Agreement with the California
Independent System Operator Corp.
    Filed Date: 11/01/2006.
    Accession Number: 20061107-0086.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 22, 2006.

    Docket Numbers: ER07-169-000.
    Applicants: AmerenEnergy Resources Generating Company; Ameren
Energy Generating Company.
    Description: AmerenEnergy Resources Generating Company et al.
submit rate schedules to implement Cost of Service Recovery Rates for
the sale of Regulation & Frequency Response, Spinning, & Supplemental
Reserve ancillary service.
    Filed Date: 11/03/2006.
    Accession Number: 20061107-0053.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-170-000.
    Applicants: Ameren Energy, Inc.
    Description: Ameren Energy Inc. submits a rate schedule to
implement Cost of Service Recovery Rates for the sale of Spinning and
Supplement Reserve ancillary services etc.
    Filed Date: 11/03/2006.
    Accession Number: 20061107-0054.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-171-000.
    Applicants: Michigan Electric Transmission Co., LLC.
    Description: Michigan Electric Transmission Company, LLC submits
the executed Midwest Grain Processor Interconnection Facilities
Agreement w/ Wabash Valley Power Association, effective 10/4/06.
    Filed Date: 11/03/2006.
    Accession Number: 20061107-0055.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Docket Numbers: ER07-172-000.
    Applicants: Idaho Power Company.
    Description: Idaho Power Company submits notice of cancellation of
two Service Agreements with Duke Energy Marketing America, LLC pursuant
to Section 35.15 of FERC's Regulations.
    Filed Date: 11/03/2006.
    Accession Number: 20061107-0063.
    Comment Date: 5 p.m. Eastern Time on Friday, November 24, 2006.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES07-6-000.
    Applicants: MDU Resources Group, Inc.
    Description: MDU Resources Group, Inc. submits an Application for
authority to issue short-term securities in the form of unsecured
promissory notes and/or commercial paper not to exceed 150,000,000 at
any one time.
    Filed Date: 10/31/2006.
    Accession Number: 20061106-0054.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 21, 2006.

    Docket Numbers: ES07-7-000.
    Applicants: NorthWestern Corporation.
    Description: NorthWestern Corp submits an application requesting
authorization to borrow on a short-term, revolving basis up to a
maximum of $200 million in connection with an existing unsecured credit
facility.
    Filed Date: 10/30/2006.
    Accession Number: 20061106-0194.
    Comment Date: 5 p.m. Eastern Time on Monday, November 20, 2006.

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

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

Magalie R. Salas,
Secretary.
 [FR Doc. E6-19321 Filed 11-15-06; 8:45 am]

BILLING CODE 6717-01-P