   Panel Member List for the Meeting of Federal Insecticide, Fungicide, and
             Rodenticide Act Scientific Advisory Panel (FIFRA SAP)
                                      to
                              Consider and Review
     Two-dimensional Exposure Rainfall-Runoff Assessment (TERRA) Watershed
  Model and its Use in the FIFRA Ecological Risk Assessment for Antimicrobial
                                Uses of Copper
                            October 25  -  26, 2011

FIFRA SAP Chair

Kenneth M. Portier, Ph.D.
Program Director, Statistics
American Cancer Society
National Home Office
Atlanta, GA

Designated Federal Official

Fred Jenkins, Ph.D.
U.S. Environmental Protection Agency
Office of Science Coordination & Policy
FIFRA Scientific Advisory Panel
EPA East Building, MC 7201M
1200 Pennsylvania Avenue, NW
Washington, DC 20460
Tel:<PHONE_NUMBER>, Fax:<PHONE_NUMBER><EMAIL_ADDRESS>
FIFRA Scientific Advisory Panel Members

Janice Chambers, Ph.D., DABT, ATS
William L. Giles Distinguished Professor
Director, Center for Environmental Health Sciences
College of Veterinary Medicine
Mississippi State University
Mississippi State, MS

Stephen Klaine, Ph.D.
Professor
Department of Biological Sciences
Director Clemson Institute of Environmental Toxicology
Clemson University
Clemson, SC

Martha Sandy, Ph.D.
Senior Toxicologist and Chief
Office of Environmental Health Hazard Assessment
California Environmental Protection Agency
Oakland, CA

Daniel Schlenk, Ph.D.
Professor of Aquatic Ecotoxicology & Environmental Toxicology
Department of Environmental Sciences
University of California, Riverside
Riverside, CA

FQPA Science Review Board Members

Linda Abbott, Ph.D.
Regulatory Risk Analyst
U.S. Department of Agriculture
Office of Risk Assessment and Cost Benefit Analysis
Washington, DC

Xuefeng Chu, Ph.D.
Assistant Professor, Department of Civil Engineering
North Dakota State University
Fargo, ND

Richard H. Coupe, Ph.D.
Associate Water Science Director
U.S. Geological Survey
Pearl, MS

Bernard A. Engel, Ph.D.
Head, Agricultural & Biological Engineering
Purdue University
West Lafayette, IN

Robert J.M. Hudson, Ph.D.
Associate Professor
Department of Natural Resources & Environmental Sciences
University of Illinois
Champaign, IL

Ian A. Kennedy, Ph.D.
Senior Evaluator/Pesticide Modeler
Pest Management Regulatory Agency, Health Canada,
Ottawa, Canada

Yuzhou Luo, Ph.D.
Environmental Scientist
Department of Pesticide Regulation
California Environmental Protection Agency
Sacramento, CA

Thomas L. Potter, Ph.D.
Research Chemist
U.S. Department of Agriculture
Agricultural Research Service
Southeast Watershed Research Laboratory
Tifton, GA


[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19395-19396]
[FR Doc No: 2018-09290]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2018-0014]

Application From the State of California To Participate in the
Surface Transportation Project Delivery Program for Certain Railroad
Projects

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (USDOT).

ACTION: Notice of receipt of application and request for comments.

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

SUMMARY: This notice announces that FRA has received and reviewed an
application from the State of California (State) acting through its
California State Transportation Agency (CalSTA) and California High-
Speed Rail Authority (Authority) requesting participation in the
Surface Transportation Project Delivery Program (Program). Under the
Program, FRA may assign, and the State may assume, responsibilities
under the National Environmental Policy Act of 1969 (NEPA), and all or
part of FRA's responsibilities for environmental review, consultation,
or other actions required under Federal environmental laws with respect
to one or more railroad projects within the State. FRA invites the
public to comment on the State's request, including its application and
the draft Memorandum of Understanding (MOU), which outlines how the
State would implement the Program, with FRA oversight. The State's
application and the draft MOU are available for public inspection in
the docket. FRA will use the public comments to inform its decision on
whether to approve or deny the State's application.

DATES: Please submit comments by June 1, 2018.

ADDRESSES: You may submit comments, identified by Docket Number FRA-
2018-0014, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting
comments;
     Mail: Docket Management Facility; U.S. DOT, 1200 New
Jersey Ave. SE, W12-140, Washington, DC 20590;
     Hand Delivery: The Docket Management Facility is located
in Room W12-140, West Building Ground Floor, U.S. DOT, 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays; or
     Fax:<PHONE_NUMBER>.
    Instructions: You must include the agency name and docket number at
the beginning of your comments. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Stephanie Perez, Environmental
Protection Specialist, Office of Program Delivery, Federal Railroad
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590,
telephone:<PHONE_NUMBER>, email: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this notice may be downloaded from the
Federal Register's home page at http://www.archives.gov/federal-register. An electronic version of the application materials and
proposed MOU may be downloaded by accessing the USDOT docket, as
described above, at http://www.regulations.gov/.

Privacy Act Statement

    Anyone can search the electronic form of all comments received into
any of DOT's dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477), or you may visit https://www.regulations.gov/privacyNotice.

Background

    Section 327 of title 23, United States Code (23 U.S.C. 327), allows
the Secretary of the U.S. Department of Transportation (Secretary) to
assign, and a State to assume, responsibility for all or part of the
Secretary's responsibilities for environmental review, consultation, or
other actions required under NEPA (42 U.S.C. 4321 et seq.) and any
Federal environmental law with respect to one or more highway projects
within the State, as well as one or more railroad, public
transportation, and/or multimodal projects.\1\ The FRA is authorized to
act on behalf of the Secretary with respect to these matters for
railroad projects.
---------------------------------------------------------------------------

    \1\ The Secretary may not assign its responsibility for making
any conformity determination required under section 176 of the Clean
Air Act.
---------------------------------------------------------------------------

    Under the draft MOU, FRA would assign to the State, acting through
CalSTA or the Authority, the responsibility for making decisions under
NEPA for railroad projects proposed as part of the California High-
Speed Rail system, as further described in the State's application and
the draft MOU, with the exception of the following:
    (1) Projects that cross state boundaries or that cross or are
adjacent to international boundaries are excluded from the railroad
projects for which FRA environmental review responsibilities are being
assumed by the State. For purposes of the State's application and draft
MOU, a project is considered ``adjacent to international boundaries''
if it requires the issuance of

a new, or modification of an existing, Presidential Permit by the U.S.
Department of State.
    (2) As provided at 23 U.S.C. 327(a)(2)(D), any railroad project
that is not assumed by the State as identified in the State's
application and the draft MOU remains the responsibility of the FRA.
    Under the draft MOU, the State would also assume the responsibility
to conduct the following environmental review, consultation, and other
related activities for project delivery:

Environmental Review Process

 Efficient environmental reviews for project decisionmaking, 23
U.S.C. 139
 Efficient environmental reviews, 49 U.S.C. 24201

Air Quality

 Clean Air Act (CAA), 42 U.S.C. 7401-7671q, except to the
extent 23 U.S.C. 327 requires FRA to retain responsibility for
conformity determinations

Noise

 Noise Control Act of 1972, 42 U.S.C. 4901-4918

Wildlife

 Endangered Species Act of 1973 (ESA), 16 U.S.C. 1531-1544
 Marine Mammal Protection Act, 16 U.S.C. 1361-1423h
 Anadromous Fish Conservation Act, 16 U.S.C. 757a-757f
 Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
 Migratory Bird Treaty Act, 16 U.S.C. 703-712
 Magnuson-Stevens Fishery Conservation and Management Act of
1976, as amended, 16 U.S.C. 1801-1891d

Hazardous Materials Management

 Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), 42 U.S.C. 9601-9675
 Superfund Amendments and Reauthorization Act (SARA), 42 U.S.C.
9671-9675
 Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k

Historic and Cultural Resources

 National Historic Preservation Act of 1966, as amended, 54
U.S.C. 306101, et seq., except to the extent 23 CFR part 773 requires
FRA to retain responsibility for Government-to-Government consultation
with Indian tribes
 Archeological Resources Protection Act, 16 U.S.C. 470aa-479mm
 Title 54, Chapter 3125--Preservation of Historical and
Archeological Data, 54 U.S.C.<PHONE_NUMBER>08
 Native American Graves Protection and Repatriation Act
(NAGPRA), 25 U.S.C. 3001-3013; 18 U.S.C. 1170

Social and Economic Impacts

 American Indian Religious Freedom Act, 42 U.S.C. 1996
 Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209

Water Resources and Wetlands

 Clean Water Act, 33 U.S.C. 1251-1387 (Sections 401, 402, 404,
408, and Section 319)
 Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-26
 Rivers and Harbors Act of 1899, 33 U.S.C. 403
 Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
 Emergency Wetlands Resources Act, 16 U.S.C. 3901 and 3921
 Flood Disaster Protection Act, 42 U.S.C. 4001-4130
 General Bridge Act of 1946, 33 U.S.C. 525-533
 Coastal Barrier Resources Act, 16 U.S.C. 3501-3510
 Coastal Zone Management Act, 16 U.S.C. 1451-1466

Parklands and Other Special Land Uses

 49 U.S.C. 303 (Section 4(f))
 Land and Water Conservation Fund (LWCF) Act, 54 U.S.C. 200302-
200310

Executive Orders

 E.O. 11990, Protection of Wetlands
 E.O. 11988, Floodplain Management
 E.O. 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low Income Populations
 E.O. 13112, Invasive Species
 E.O. 13807, Establishing Discipline and Accountability in the
Environmental Review and Permitting Process for Infrastructure

    The draft MOU would allow the State to act in the place of FRA in
carrying out the environmental review-related functions described
above, except with respect to Government-to-Government consultations
with Federally-recognized Indian tribes. The FRA would retain
responsibility for conducting formal Government-to-Government
consultation with Federally-recognized Indian tribes. The Authority
would continue to handle routine consultations with the tribes and
understands that a tribe has the right to direct consultation with the
FRA upon request. The Authority would also be able to assist FRA with
formal consultations, with consent of a tribe, but FRA would remain
responsible for the consultation.
    In addition, the State would not assume FRA's responsibilities for
conformity determinations required under Section 176 of the CAA (42
U.S.C. 7506), or any responsibility under 23 U.S.C. 134 or 135, or
under 49 U.S.C. 5303 or 5304.
    A copy of the State's application and draft MOU are in the USDOT
docket or may be obtained by contacting FRA at the address provided
above. A copy also may be viewed on the Authority's website at: http://www.hsr.ca.gov/Programs/Environmental_Planning/nepa_assignment.html.
    The FRA will consider all substantive comments submitted when
making its decision on the State's request. Any final MOU approved by
FRA may include changes based on comments and consultations and will be
made publicly available.

    Authority:  23 U.S.C. 327; 42 U.S.C. 4331, 4332; 23 CFR 773.109-
111; 40 CFR 1507.3; and 49 CFR 264.101.

Jamie Rennert,
Director, Office of Program Delivery, Federal Railroad Administration.
[FR Doc. 2018-09290 Filed 5-1-18; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 165 (Tuesday, August 26, 2014)]
[Notices]
[Page 50983]
[FR Doc No: 2014-20070]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Application for
Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR Part 107,
Subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before September 25, 2014.
    Address Comments To: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on August 14, 2014.
Donald Burger,
Chief, General Approvals and Permits.

--------------------------------------------------------------------------------------------------------------------------------------------------------
          Application No.                  Docket No.               Applicant            Regulation(s) affected      Nature of special permits thereof
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   New Special Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
16199-N............................  ......................  Schlumberger Oilfield    49 CFR 173.201(c),           To authorize the transportation in
                                                              UK Plc Dyce Aberdeen,    173.202(c), 173.203(c),      commerce of atoxic flammable gas in
                                                              UK.                      173.301(f), 173.302(a),      a non-DOT specification cylinder.
                                                                                173.304(a) and (d).          (modes 1, 2, 4)
16211-N............................  ......................  East Penn Manufacturing  49 CFR 173.6(a)(1)(ii).....  To authorize the transportation in
                                                              Company Inc. Lyon                                     commerce of lead acid batteries that
                                                              Station, PA.                                          weigh up to 75 kg as materials of
                                                                                trade. (mode 1)
16212-N............................  ......................  Entegris, Inc.,          49 CFR 173.83(b)...........  To authorize the transportation in
                                                              Billerica, MA.                                        commerce of certain dual hazard
                                                                                gases without meeting segregation
                                                                                requirements when transported by
                                                                                vessel. (mode 3)
16217-N............................  ......................  Fuji Electric Co., Ltd.  49 CFR 173.310.............  To authorize the manufacture, mark,
                                                              Shinagawa-ku, To.                                     sale and use of a neutron radiation
                                                                                detector containing a Division 2.1
                                                                                flammable gas. (modes 1, 2, 4)
16218-N............................  ......................  Mountain Blade Runner,   49 CFR Sec.   172.101,       To authorize the transportation in
                                                              LLC Montrose, CO.        Column (9B), Sec.            commerce of certain hazardous
                                                                                172.204(c)(3), Sec.          materials by 14 CFR Part 133
                                                                                173.27(b)(2), Sec.           Rotorcraft External Load Operations
                                                                                175.30(a)(1), Sec.           transporting hazardous materials
                                                                                172.200, Sec.                attached to or suspended from an
                                                                                172.301(c), Part 178 and     aircraft, in remote areas of the
                                                                                Sec.   175.75.               U.S. only, without being subject to
                                                                                hazard communication requirements,
                                                                                quantity limitations and certain
                                                                                loading and stowage requirements.
                                                                                (mode 4).
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-20070 Filed 8-25-14; 8:45 am]
BILLING CODE 4909-60-M


[Federal Register: January 13, 2009 (Volume 74, Number 8)]
[Notices]
[Page 1744-1746]
[DOCID:fr13ja09-100]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59202; File No. SR-NYSE-2008-132]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change to Introduce a NYSE Order
Imbalance Information Fee

January 6, 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 December 19, 2008, the New York Stock Exchange LLC (``NYSE'' 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 prepared by the Exchange. 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.
---------------------------------------------------------------------------

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

    The Exchange is proposing to introduce a fee for access to its NYSE
Order Imbalance Information datafeed.

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

    In its filing with the Commission, NYSE 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. NYSE 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
    (a) The Service.
    In June 2008, the Exchange added Order Imbalance Information to the
NYSE OpenBook[supreg] package of products.\3\ For no additional charge,
the Exchange decided to make available to recipients of NYSE OpenBook
an additional datafeed containing Order Imbalance Information.
---------------------------------------------------------------------------

    \3\ See Release No. 34-59039 (December 2, 2008); File No. SR-
NYSEArca-2006-21.
---------------------------------------------------------------------------

    NYSE Order Imbalance Information is a datafeed of real-time order
imbalances that accumulate prior to the opening of trading on the
Exchange and prior to the close of trading on the Exchange. These
orders are subject to execution at the market's opening or closing
price, as the case may be, and represent issues that are likely to be
of particular trading interest at the opening or closing.
    The Exchange distributes information about these imbalances in
real-time at specified intervals prior to the opening and closing
auctions. Initially, the Exchange proposes to make order imbalance
information available at the following intervals.
    For opening order imbalances:
     Every five minutes between 8:30 a.m. EST and 9 a.m. EST.
     Every one minute between 9 a.m. EST and 9:20 a.m. EST.
     Every 15 seconds between 9:20 a.m. EST and the opening (or
9:35 a.m. EST if the opening is delayed).
    For closing order imbalances:
     Every fifteen seconds between 3:40 p.m. EST and 3:50 p.m.
EST.
     Every five seconds between 3:50 p.m. EST and 4 p.m. EST.
    If the Exchange were to change these intervals, it would notify
NYSE Order Imbalance Information recipients in advance and/or post the
changes on the Exchange's Web site.
    NYSE Order Imbalance Information also includes the imbalance
information that the Exchange is required to disseminate under NYSE
Rule 123C(5), as well as automated real-time streaming order imbalance
information at specified intervals.
    After consultation with its customers, the Exchange has determined
to make the NYSE Order Imbalance Information datafeed available as a
stand-alone market data product, separate and apart from NYSE OpenBook.
This would enable all investors to gain access to information regarding
opening and closing imbalances on the Exchange, especially because the
Exchange is not imposing end-user fees, is not requiring end-users to
sign contracts and is making vendor receipt and use of the information
inexpensive and very few administrative burdens (e.g., no reporting
requirements and no end-user contracts).
    Many investors have not been able to access this data. However, as
a result of the Commission's NYSE ArcaBook Approval Order, the Exchange
may now bring the NYSE order Imbalance Information product to market.
The Exchange anticipates that this will provide important information
to millions of investors.
    In the Exchange's view, the Commission's recent ``Order Setting
Aside Action by Delegated Authority and Approving Proposed Rule Change
Relating to NYSE Arca Data'' (the ``NYSE ArcaBook Approval Order'')
makes this product offering possible. In the NYSE ArcaBook Approval
Order, the Commission strongly supported the right of SROs to expand
their market data offerings outside of the consolidated products that
markets offer under joint industry plans such as the CTA Plan and the
CQ Plan. It established fee-setting standards for market data products
for those non-core offerings. Prior to the NYSE ArcaBook Approval
Order, the Exchange's ability to bring the NYSE Order Imbalance
Information product to market was limited distribution to NYSE OpenBook
subscribers only. That order affirmed the Commission's embrace of
allowing

market forces to determine the fairness and reasonableness of fees for
non-core products, such as NYSE Order Imbalance Information. As a
result, the Exchange is now able to make this important information
available to millions of investors, investors who do not desire to
subscribe to NYSE OpenBook services in order to receive NYSE Order
Imbalance Information.
    (b) The Fee. The Exchange proposes to charge recipients of the NYSE
Order Imbalance Information datafeed $500 per month. The fee applies
whether the recipient receives the datafeed directly from the Exchange
or indirectly from an intermediary. The fee entitles the datafeed
recipient to make displays of that information available to an
unlimited number of subscribers for no extra charge. The Exchange is
not proposing to impose an end-user or display device fee on those
subscribers.
    The fee would allow vendors to redistribute NYSE Order Imbalance
Information without having to differentiate between professional
subscribers and nonprofessional subscribers, without having to account
for the extent of access to the data, without having to procure
contracts with its subscribers for the benefit of the Exchange and
without having to report the number of its subscribers.
    By establishing the access fee at an inexpensive rate and declining
to impose an end-user fee on the consumption of NYSE Order Imbalance
Information, the Exchange seeks to enable all investors to gain access
to information regarding opening and closing imbalances on the
Exchange. The fee enables the investment community that has an interest
in the receipt of order imbalance information to contribute to the
Exchange's operating costs in a manner that is appropriate for this
market data product.
    In setting the level of the NYSE Order Imbalance Information fee,
the Exchange took into consideration several factors, including:
    i. Consultation with some of the entities that the Exchange
anticipates will be the most likely to take advantage of the proposed
product;
    ii. The contribution of market data revenues that the Exchange
believes is appropriate for the investment community that has an
interest in the receipt and use of order imbalance information; and
    iii. The fact that the proposed fee provides an alternative to the
receipt of NYSE Order Imbalance Information as part of NYSE OpenBook.
    In short, the Exchange believes that the proposed NYSE Order
Imbalance Information fee would reflect an equitable allocation of its
overall costs to users of its facilities.
    (c) The Fee is Fair and Reasonable. The Exchange believes that $500
access fee for NYSE Order Imbalance Information comports with the
standard that the Commission established for determining whether market
data fees relating to non-core market data products are fair and
reasonable. In NYSE ArcaBook Approval Order, the Commission reiterated
its position from its release approving Regulation NMS that it should
``allow market forces, rather than regulatory requirements, to
determine what, if any, additional quotations outside the NBBO are
displayed to investors.''\4\
---------------------------------------------------------------------------

    \4\ See Regulation NMS Release, 70 FR at 37566-37567 (addressing
differences in distribution standards between core data and non-core
data).
---------------------------------------------------------------------------

    The Commission went on to state that:

    The Exchange Act and its legislative history strongly support
the Commission's reliance on competition, whenever possible, in
meeting its regulatory responsibilities for overseeing the SROs and
the national market system. Indeed, competition among multiple
markets and market participants trading the same products is the
hallmark of the national market system.\5\
---------------------------------------------------------------------------

    \5\ NYSE ArcaBook Approval Order at pp 46-47.

    The Commission then articulated the standard that it will apply in
assessing the fairness and reasonableness of market data fees for non-
---------------------------------------------------------------------------
core products, as follows:

    With respect to non-core data, * * * the Commission has
maintained a market-based approach that leaves a much fuller
opportunity for competitive forces to work. This market-based
approach to non-core data has two parts. The first is to ask whether
the exchange was subject to significant competitive forces in
setting the terms of its proposal for non-core data, including the
level of any fees. If an exchange was subject to significant
competitive forces in setting the terms of a proposal, the
Commission will approve the proposal unless it determines that there
is a substantial countervailing basis to find that the terms
nevertheless fail to meet an applicable requirement of the Exchange
Act or the rules thereunder.\6\
---------------------------------------------------------------------------

    \6\ Id. at pp. 48-49.

    The Exchange believes that the proposed access fee is fair and
reasonable by this standard or any other standard. The Exchange is
subject to significant competitive forces and the low level at which
the Exchange proposes to establish the NYSE Order Imbalance Information
access fee represents, in part, a response to that competition. To
start, the Exchange competes intensely for order flow. It competes with
the other 10 national securities exchanges that currently trade
equities, with electronic communication networks, with quotes posted in
FINRA's Alternative Display Facility and Trade Reporting Facilities,
with alternative trading systems, and with securities firms that
primarily trade as principal with their customer order flow ``and the
competition is fierce.'' \7\
---------------------------------------------------------------------------

    \7\ Id. at p 52.
---------------------------------------------------------------------------

    The Exchange believes that making the NYSE Order Imbalance
Information datafeed available to vendors at $500 per month and
allowing the vendors to redistribute that data to an unlimited number
of their customers at no additional charge would help the Exchange to
compete for order flow by making the Exchange's order imbalance
information freely available to millions of investors. The Exchange
hopes that some of those investors may favor the Exchange with order
flow as a result of access to the imbalance information.
    In addition, the Exchange believes that no substantial
countervailing basis exists to support a finding that the NYSE Order
Imbalance Information access fee fails to meet the requirement of the
Exchange Act.
    In sum, NYSE's compelling need to attract order flow imposes
significant competitive pressure on NYSE to act equitably, fairly, and
reasonably in setting the NYSE Order Imbalance Information access fee.
Making that data readily available to investors is a response to that
pressure.
    (d) Continued Distribution Through NYSE OpenBook. The Exchange
would continue to permit NYSE OpenBook datafeed recipients to receive
the NYSE Order Imbalance Information datafeed as part of the NYSE
OpenBook package without having to pay the $500 fee or any other
additional charge. Those NYSE OpenBook datafeed recipients may then
redistribute the NYSE Order Imbalance Information to any of their
subscribers, whether or not the subscriber also receives NYSE OpenBook
information. The Exchange imposes no end-user charge on those
subscribers.
    (e) Contracts. The Exchange proposes to provide the NYSE Order
Imbalance Information datafeed available under the same contracting
arrangement that the Commission has approved for the receipt and use of
market datafeeds under the CTA and CQ Plans. That arrangement
contemplates that each datafeed recipient enter into the Commission-
approved standard form of ``Agreement for Receipt and Use of Market
Data'' that Network A uses for data redistributors and other parties
that use the data for purposes other than

interrogation.\8\ Exhibit A to each of those agreements would need to
be updated to reflect the receipt and use of NYSE Order Imbalance
Information. The arrangement does not require an end-user of the
information (other than a data feed recipient) to enter into any
agreement.
---------------------------------------------------------------------------

    \8\ The Participants in the CTA and CQ Plans first submitted the
Consolidated Vendor Form to the Commission for immediate
effectiveness in 1990. See Release No. 34-28407 (September 6, 1990);
55 FR 37276 (September 10, 1990) (File No. 4-281). The Commission
approved a revised version of it in 1996 in conjunction with the
participants' restatement of the CTA and CQ Plans. See Release No.
34-37191 (May 9, 1996); 61 FR 24842 (May 16, 1996) (File No. SR-CTA/
CQ-96-1).
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2. Statutory Basis
    The bases under the Securities Exchange Act of 1934 (the ``1934
Act'') for the proposed rule change are the requirement under section
6(b)(4) \9\ that an exchange have rules that provide for the equitable
allocation of reasonable dues, fees and other charges among its members
and other persons using its facilities and the requirements under
section 6(b)(5) \10\ that the rules of an exchange be 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. The Exchange believes that the proposal benefits investors by
facilitating their prompt access to widespread, free NYSE Order
Imbalance Information.
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    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

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-NYSE-2008-132 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2008-132. 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 such filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2008-132 and should be submitted on or before February 3, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-414 Filed 1-12-09; 8:45 am]

BILLING CODE 8011-01-P