[Federal Register: August 20, 2008 (Volume 73, Number 162)]
[Notices]
[Page 49227-49228]
[DOCID:fr20au08-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58354; File No. SR-NSX-2008-15]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to the Operative Date of NSX Rule 2.11

August 13, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 8, 2008, National Stock Exchange, Inc. (``NSX[reg]'' or
the ``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 comment 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 National Stock Exchange, Inc. (``NSX'' or the ``Exchange'') is
proposing to accelerate the effectiveness of NSX Rule 2.11 in order to
implement outbound routing through NSX Securities, LLC (``NSX
Securities'') and to amend NSX Rule 2.12 which relates to the
Exchange's provision of routing services procured from a third party.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nsx.com, at the principal office of the
Exchange, 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 Exchange 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 Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The Exchange is proposing to accelerate the effectiveness of NSX
Rule 2.11 in order to implement outbound routing with respect to orders
entered in the Exchange's trading system, NSX BLADE [reg], through an
affiliate of the Exchange, NSX Securities. In addition, the Exchange
proposes to amend NSX Rule 2.12 which relates to the Exchange's current
provision of outbound routing of orders from the Exchange to other
trading centers (``Routing Services'') using a third party.
    As background, the Exchange originally planned to provide Routing
Services for orders entered into NSX BLADE through NSX Securities. NSX
Rule 2.11 was approved by the Securities and Exchange Commission
(``Commission'') in connection with the approval of the Exchange's new
trading rules relating to NSX BLADE on August 31, 2006.\3\ The ability
to route orders entered into NSX BLADE to away markets for execution at
the best available prices is a key feature of NSX's new system. NSX
Rule 2.11 specifically provides for certain terms and conditions under
which NSX Securities will provide Routing Services. Among other things,
an ETP Holder's use of NSX Securities to route orders to another
Trading Center is optional. ETP Holders that do not want to route
orders through NSX Securities may submit order instructions to NSX
under NSX Rule 11.11 such as Immediate-or-Cancel, Post Only or NSX
Only.
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    \3\ See Securities Exchange Act Release No. 54391 (August 31,
2006), 71 FR 52836 (September 7, 2006), File No. SR-NSX-2006-08.
This rule change filing was filed under Section 19(b)(2) of the
Securities Exchange Act of 1934 (the ``Act'').
---------------------------------------------------------------------------

    However, as NSX Securities had not completed its registration
process as a broker-dealer with the National Association of Securities
Dealers, Inc. (``NASD'') (and thus would not be available to provide
Routing Services) by the launch of NSX BLADE,\4\ the Exchange proposed
the adoption of NSX Rule 2.12 so that the Exchange could route through
a third party in the interim period.\5\ In the adoption of Rule 2.12,
the Exchange requested a finite period of effectiveness so NSX
Securities could complete its registration as a broker-dealer and the
Exchange could evaluate its options for providing Routing Services to
ETP Holders. The Exchange subsequently filed several rule change
proposals to extend the effective period for NSX Rule 2.12, and to
delay the effectiveness of NSX Rule 2.11 to certain dates, unless
earlier amended, while the Exchange considered its options and made
system and other changes to implement outbound routing through NSX
Securities.\6\ Rule 2.12 currently provides that it is effective
through September 30, 2008, with the ability to route through NSX
Securities under Rule 2.11 becoming effective on October 1, 2008.
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    \4\ In January 2007, NSX Securities' application for
registration as a broker-dealer was approved by the NASD. To date,
the Exchange has not used NSX Securities for routing services.
    \5\ See Securities Exchange Act Release No. 54808 (November 21,
2006), 71 FR 69163 (November 29, 2006), File No. SR-NSX-2006-15.
    \6\ See Securities Exchange Act Release No. 55624 (April 12,
2007), 72 FR 19732 (April 19, 2007), File No. SR-NSX-2007-04;
Securities Exchange Act Release No. 56067 (July 13, 2007), 72 FR
39650 (July 19, 2007), File No. SR-NSX-2007-08; Securities Exchange
Act Release No. 56587 (October 1, 2007), 72 FR 57087 (October 5,
2007), File No. SR-NSX-2007-10; and Securities Exchange Act Release
No. 57574 (March 27, 2008), 73 FR 18026 (April 2, 2008), File No.
SR-NSX-2008-08.
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    In the instant proposed rule change, the Exchange is requesting
that the operative date of Rule 2.11 be accelerated to August 8, 2008.
The Exchange and NSX Securities have made all necessary changes to
activate NSX Securities, including NSX Securities being approved as a
broker-dealer, entering into a clearing and routing agreement, and
making the required systems and regulatory changes. Further, because
the current Rule 2.12 is effective until September 30, 2008, the
Exchange proposes to amend NSX Rule 2.12 to provide that during that
period it be operative only in the event that the Exchange is not

able to provide Routing Services through Rule 2.11. Thus, an
alternative router would be available as necessary, and on an all-or-
none basis, in the course of transitioning the Routing Services to NSX
Securities under Rule 2.11. This rule change proposal does not change
Rule 2.12's current expiration of September 30, 2008.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\7\ in general, and
Section 6(b)(5) of the Act,\8\ in particular, which requires, among
other things, 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any inappropriate burden on competition.

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

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

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

    The proposed rule change will take effect upon filing pursuant to
Section 19(b)(3)(A)(iii) of the Act \9\ and subparagraph (f)(5) of Rule
19b-4 \10\ thereunder, because the proposal effects a change in an
existing order-entry system or trading system of a self-regulatory
organization that: (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 have the effect of limiting
the access to or availability of the system. This proposal does not
raise these concerns as it primarily pertains to the operative date of
a rule that has already been approved by the Commission through a rule
change filed under Section 19(b)(2) of the Act. At any time within
sixty (60) days of the filing of such proposed rule change, the
Commission may summarily abrogate such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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-NSX-2008-15 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSX-2008-15. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the self-regulatory
organization. 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-NSX-
2008-15 and should be submitted on or before September 10, 2008.

    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,
Acting Secretary.
[FR Doc. E8-19228 Filed 8-19-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: April 20, 2010 (Volume 75, Number 75)]
[Notices]
[Page 20647-20649]
[DOCID:fr20ap10-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61891; File No. SR-BX-2010-026]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Chapter V, Section 7 (Customer Orders and Order Flow Providers)

Date: April 13, 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 31, 2010, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
prepared by the 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 proposes NASDAQ OMX BX, Inc. (the ``Exchange'')
proposes to amend Chapter V, Section 17 (Customer Orders and Order Flow
Providers) of the Rules of the Boston Options Exchange Group, LLC
(``BOX''). The text of the proposed rule change is available from the
principal office of the Exchange, at the Commission's Public Reference
Room and also on the Exchange's Internet Web site at http://
nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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

    In its filing with the Commission, the Exchange 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 Exchange 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 Exchange is proposing to amend Chapter V, Section 17 (Customer
Orders and Order Flow Providers) of the BOX Rules in order to eliminate
some of its restrictions. Section 17(c) currently provides that an
Order Flow Provider (``OFP'') \3\ shall not enter into BOX, as
principal or agent, Limit Orders in the same options series, for the
account or accounts of the same or related beneficial owners, in such a
manner that the OFP or the beneficial owner(s) effectively is operating
as a market maker by holding itself out as willing to buy and sell such
options contract on a regular or continuous basis.
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    \3\ See Chapter I, Section 1 (Definitions) of the BOX Rules
which defines the term ``Order Flow Provider'' or ``OFP'' to mean
those Options Participants representing as agent Customer Orders on
BOX and those non-Market Maker Participants conducting proprietary
trading.
---------------------------------------------------------------------------

    The Exchange is proposing that these restrictions be eliminated so
that they are no longer applicable to instances where an OFP is acting
as principal on its own behalf or is acting as agent on behalf of other
broker-dealer or Public Customer orders.\4\ Because broker-dealer and
Public Customer orders are not subject to priority on the BOX Book that
is any better than Market Makers, BOX does not believe it is necessary
to impose the Rule's restrictions on the entry of broker-dealer and
Public Customer orders. The Exchange believes that the elimination of
these restrictions will permit entities other than Market Makers to
enter orders on both sides of the market more freely, which may result
in more orders on the BOX Book and therefore increased liquidity on the
BOX market, all to the benefit of investors.
---------------------------------------------------------------------------

    \4\ The Exchange notes that the Securities and Exchange
Commission (``Commission'') has previously found that it is
consistent with the Securities Exchange Act of 1934 (``the Act'')
for an options exchange not to prohibit a user of its market from
effectively operating as a market maker by holding itself out as
willing to buy and sell options contracts on a regular or continuous
basis without registering as a market maker. See Securities Exchange
Act Release No. 57478 (March 12, 2008), 73 FR 14521 (March 18, 2008)
(SR-NASDAQ-2007-004 and SR-NASDAQ-2007-080) (Order Approving, among
other things, a Proposed Rule Change to Establish Rules Governing
the Trading of Options on the NASDAQ Options Market (``NOM'')).

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

    The Exchange notes that OFPs must register as BOX Options
Participants as well as registering with the Commission under Section
15 of the Act,\5\ and the rules and regulations thereunder.\6\ Further,
an entity which acts as a ``dealer,'' as defined in Section 3(a)(5) of
the Act,\7\ must also register with the Commission under Section 15 of
the Act,\8\ and the rules and regulations thereunder, or alternatively
qualify for any exception or exemption from such registrations.\9\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78o.
    \6\ The Exchange notes that this rule change would only
eliminate the restrictions of Chapter V, Section 17 in the manner
proposed. BOX Options Participants would continue to remain subject
to the requirements of Chapter III, Section 4(a) (which requires BOX
Options Participants to establish, maintain and enforce written
policies and procedures reasonably designed, taking into
consideration the nature of the Participant's business, to prevent
the misuse of material nonpublic information by such Participant or
persons associated with such Participant); Chapter III, Section 4(f)
(which may consider it conduct inconsistent with just and equitable
principles of trade for any Participant or person associated with a
Participant who has knowledge of all material terms and conditions
of (i) an order and a solicited order, (ii) an order being
facilitated or submitted to the Price Improvement Period, or (iii)
orders being crossed; the execution of which are imminent, to enter,
based on such knowledge, an order to buy or sell an option for the
same underlying security as any option that is the subject of the
order, or an order to buy or sell the security underlying such
class, or an order to buy or sell any related instrument until (a)
the terms and conditions of the order and any changes in the terms
and conditions of the order of which the Participant or person
associated with the Participant has knowledge are disclosed to the
trading crowd, or (b) the trade can no longer reasonably be
considered imminent in view of the passage of time since the order
was received); Supplementary Material .02 to Chapter V, Section 17
(which provides that if an Options Participant fails to expose its
Customer Order[s] on BOX, it will be a violation of Section 17 for
an Options Participant to cause the execution of an order it
represents as agent on BOX through the use of orders it solicited
from Options Participants and/or non-Participant broker-dealers to
transact with such orders, whether such solicited orders are entered
into the BOX market directly by the Options Participant or by the
solicited party (either directly or through another Participant),
unless the agency order is first exposed to the BOX Book for at
least one (1) second); and Supplementary Material .03 to Chapter V,
Section 17 (which provides that an OFP may not execute as principal
an order it represents as agent unless, (i) the agency order is
first exposed to the BOX Book for at least one (1) second, or (ii)
the OFP has been bidding or offering on BOX for a least one (1)
second prior to receiving an agency order that is executable against
such bid or offer; or (iii) the OFP sends the agency order to the
Price Improvement Period or Universal Price Improvement Period
process pursuant to Sections 18 and 29 of Chapter V of the BOX
Rules).
    \7\ 15 U.S.C. 78c(a)(5).
    \8\ 15 U.S.C. 78o.
    \9\ Activity that may cause a person to be deemed a dealer
includes ``quoting a market in or publishing quotes for securities
(other than quotes on one side of the market on a quotations system
generally available to non-broker-dealers, such as a retail screen
broker for government securities).'' See Definition of Terms in and
Specific Exemptions for Banks, Savings Associations, and Savings
Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange
Act of 1934, Securities Exchange Act Release No. 47364, 68 FR 8685,
8689, note 26 (February 24, 2003) (quoting OTC Derivatives Dealers,
Securities Exchange Act Release No. 40594, 63 FR 59362, 59370, note
61 (November 3, 1998)).
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\10\ in general, and Section
6(b)(5) of the Act,\11\ in particular, in that it is designed to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism for a free and open market and a national market
system and, in general, to protect investors and the public interest.
The proposed changes should continue to contribute to the Exchange's
ability to maintain a fair and orderly market in a manner that will
limit unfair advantage and encourage competition. Specifically, because
broker-dealer and Public Customer orders are not subject to priority on
the BOX Book that is any better than Market Makers, the Exchange does
not believe it is necessary to impose the Rule's restrictions on the
entry of broker-dealer and Public Customer orders. The Exchange
believes that the elimination of these restrictions will permit
entities other than Market Makers to enter orders on both sides of the
market more freely, resulting in more orders on the BOX Book and
therefore increased liquidity on the BOX market, all to the benefit of
investors.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

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

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

    Because the foregoing 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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
---------------------------------------------------------------------------

    Because broker-dealer and Public Customer orders are not subject to
priority on the BOX Book that is any better than Market Makers, the
Exchange does not believe it is necessary to impose the Rule's
restrictions on the entry of broker-dealer and Public Customer orders.
The Exchange believes that the elimination of these restrictions will
permit entities other than Market Makers to enter orders on both sides
of the market more freely, resulting in more orders on the BOX Book and
therefore increased liquidity on the BOX market, all to the benefit of
investors.
    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2010-026 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2010-026. 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,\14\ 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, on official business days
between the hours of 10 a.m. and 3 p.m. Copies of the filing also will
be available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-BX-
2010-026 and should be submitted on or before May 11, 2010.

    \14\ The text of the proposed rule change is available on the
Commission's Web site at http://www.sec.gov/rules/sro.shtml.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-9031 Filed 4-19-10; 8:45 am]
BILLING CODE 8011-01-P


November 9, 2010

The Honorable Lisa Jackson
Administrator
United States Environmental Protection Agency
Ariel Rios Building (Mail Code 1101)
1200 Pennsylvania Ave., NW
Washington, D.C.  20460

Re: 	Petition for Reconsideration of Portions of the Final Rule: National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines

Dear Administrator Jackson:

I am writing in support of the National Rural Electric Cooperative Association's (NRECA) October 19, 2020, Petition for Reconsideration of portions of the Final National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines promulgated on August 20, 2010, (75 Fed. Reg. 51,570).

Glades Electric Cooperative serves portions of four counties in Florida; Highlands, Okeechobee, Glades, and Hendry.  Our service territory is predominantly rural and heavily reliant on agriculture.  The recession has been extremely tough on our consumers and our counties have the highest unemployment figures in the state.  In fact, our service territory has been designated as a Rural Area of Critical Economic Concern (RACEC).  Additionally, the impending sale of U.S. Sugar Corporation to the State for Everglades' restoration has the potential to further devastate our area's economy.  The EPA does not need to be adding to the electricity bills of our members!

NRECA's petition addresses restrictions contained in the final rule that prohibit the use of small emergency generating units for peak shaving programs and limits demand reduction service beginning in 2013 without the addition of expensive emission reduction technology on units larger than a specified size. Glades Electric supports NRECA's recommendation of the removal of the restrictions on the use of these engines for peak shaving and demand reduction purposes within the 100 hours of non-emergency operations already allowed under EPA rule.

We feel that, by not asking for additional hours beyond the 100 already provided within the rule, there would be no additional emissions and, therefore, no additional risk to health or environment, and would preserve a means of keeping energy affordable in rural areas.

Please do not hesitate to contact me should you have any questions or require additional information.

Thank you for your consideration.

Paul McGehee
Business Development Manager

cc: 	Robert Wayland
	Melanie King
	Kevin Bromberg, SBA


[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Notices]
[Page 27526-27527]
[DOCID:fr11my06-120]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53756; File No. SR-ISE-2005-56]

Self-Regulatory Organizations; International Securities Exchange,
Inc.; Order Granting Approval of a Proposed Rule Change and Amendment
No. 1 Thereto Establishing Fees for Enhanced Sentiment Market Data

May 3, 2006.
    On December 1, 2005, the International Securities Exchange, Inc.
(``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend its Schedule of Fees to
establish fees for enhanced sentiment market data, as described below.
On March 14, 2006, the Exchange filed Amendment No. 1 to the proposed
rule change. The proposed rule change, as modified by Amendment No. 1,
was published for comment in the Federal Register on March 28, 2006.\3\
The Commission received no comments on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 53532 (March 21,
2006), 71 FR 15501 (``Notice'').
---------------------------------------------------------------------------

    By this proposed rule change, the Exchange seeks to establish fees
for a new product, enhanced sentiment market data, which is based upon
the ISE Sentiment Index [supreg], or ISEE. The ISEE, which is created
by the ISE, provides an intra-day picture of how investors view stock
prices by assessing customers' option trading activity. More
specifically, the ISEE measures opening long customer transactions on
the ISE. The ISE updates the current ISEE value hourly during market
hours and posts it for free on its Web site.\4\
---------------------------------------------------------------------------

    \4\ http://www.iseoptions.com/marketplace/statistics/sentiment_index.asp
.

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

    The ISEE is a single value for the overall market sentiment. In
contrast, the enhanced sentiment market data will provide more specific
information that will allow an end user to retrieve a sentiment value
for an individual symbol using a query tool. For example, an end user
interested in the sentiment value for only the Nasdaq 100 Tracking
Stock (symbol QQQQ) would just enter that symbol into the query tool
interface to retrieve the sentiment value. Additionally, the enhanced
sentiment market data will include a sentiment scanning tool that will
allow a user to comb the market for sentiment levels that meet pre-
defined parameters. Enhanced sentiment market data will be a purely
optional product; it is not necessary to subscribe to this service to
trade options on the ISE.\5\
---------------------------------------------------------------------------

    \5\ See telephone conversation between Samir Patel, Assistant
General Counsel, ISE, and Christopher Chow, Special Counsel,
Commission, on April 28, 2006.
---------------------------------------------------------------------------

    The Exchange will offer this product to online investors, on a
subscription basis, directly and through a Broker Marketing Alliance,
an arrangement between ISE and a participating U.S. broker-dealer that
markets the enhanced sentiment offering to its customers. The Exchange
proposes four subscription levels, based on the number of customer
queries. Clients of participating brokers will pay less at each of the
same four subscription levels, and the participating broker-dealers
will receive a rebate of 35% of the subscription fee collected from
subscribers. In addition, the Exchange will pay a bonus rebate to
broker-dealers for achieving

subscription levels based on the size of their firm and the number of
clients that subscribe to the service.\6\
---------------------------------------------------------------------------

    \6\ See Notice, supra at note 3.
---------------------------------------------------------------------------

    The Commission has reviewed carefully the proposed rule change and
finds that it is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\7\ In particular, the Commission finds that the proposed rule
change is consistent with section 6(b)(4) of the Act,\8\ which requires
that an exchange have an equitable allocation of reasonable dues, fees
and other charges among its members and other persons using its
facilities. The Exchange states that it established the proposed tiered
pricing structures for enhanced sentiment data based upon a survey of
financial services industry participants regarding their level of
interest in proprietary market data offerings, a business plan it
developed based on the results of that survey, and the advice of a
consultant retained to opine on the structure and amount of fees to
charge for the product.
---------------------------------------------------------------------------

    \7\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition and capital formation. See 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\9\ that the proposed rule change as amended be, and hereby is
approved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-7201 Filed 5-10-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Notices]
[Pages 78607-78608]
[FR Doc No: 2016-26934]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-3631]

Ninth Annual Sentinel Initiative; Public Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) is announcing a public
workshop entitled ``Ninth Annual Sentinel Initiative Public Workshop.''
Convened by the Duke-Margolis Center for Health Policy at Duke
University and supported by a cooperative agreement with FDA, this 1-
day workshop will bring the stakeholder community together to discuss a
variety of topics on active medical product surveillance. Topics will
include an update on the state of FDA's Sentinel Initiative, including
an overview of the current state of Sentinel System safety surveillance
activities, and uses of the Sentinel System accomplished in 2016. In
addition, panelists will discuss the future of the Sentinel System and
opportunities to expand its medical product surveillance capabilities.
This workshop will also engage stakeholders to discuss current and
emerging Sentinel Initiative projects.

DATES: The public workshop will be held on February 2, 2017, from 9
a.m. to 4:30 p.m., Eastern Standard Time (EST). Submit either
electronic or written comments by March 2, 2017.

ADDRESSES: Location: The public workshop will be held at the Barbara
Jordan Conference Center at the Kaiser Family Foundation, 1330 G St.
NW., Washington, DC 20005. For additional travel and hotel information,
please refer to https://healthpolicy.duke.edu/events/ninth-annual-sentinel-initiative-public-workshop. FDA has verified the meeting Web
site addresses throughout this notice, but FDA is not responsible for
subsequent changes to the Web sites after this document publishes in
the Federal Register. There will also be a live Webcast for those
unable to attend the meeting in person (see Streaming Webcast of the
Public Workshop).
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-N-3631 for ``Ninth Annual Sentinel Initiative; Public
Workshop.'' Received comments will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at http://www.regulations.gov or at the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Carlos Bell, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, Rm. 4343, Silver Spring, MD 20993-0002, 301-
796-3714, FAX:<PHONE_NUMBER>, email<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:
    Registration: To attend the public workshop, you must register
before February 2, 2017, by visiting https://healthpolicy.duke.edu/events/ninth-annual-sentinel-initiative-public-workshop. You may also
register for the live Webcast by visiting this Web page. There will be
no onsite registration. When registering, please provide the following
information: Your name, title, company or organization (if applicable),
postal address, telephone number, and email address. Those without
Internet access should contact Carlos Bell to register (See FOR FURTHER
INFORMATION CONTACT). There is no registration fee for the public
workshop. However, registration will be on a first-come, first-served
basis because seating is limited. Therefore, early registration is
recommended. Upon registering, attendees will receive an confirmatory
email, containing event materials. A 1-hour lunch break is scheduled,
but food will not be provided. There are multiple restaurants within
walking distance of the Barbara Jordan Conference Center at the Kaiser
Family Foundation.
    If you need special accommodations due to a disability, please
contact Joanna Higgison at the Duke-Margolis Center for Health Policy
(phone:<PHONE_NUMBER>, email<EMAIL_ADDRESS>at least 7 days
in advance.
    Streaming Webcast of the Public Workshop: This public workshop will
also be Webcast (archived video footage will be available following the
workshop at https://healthpolicy.duke.edu/events/ninth-annual-sentinel-initiative-public-workshop). Persons interested in viewing the live
Webcast must register online by February 1, 2017, at 5 p.m. EST. Early
registration is recommended because Webcast connections are limited.
Organizations are requested to register all participants, and view the
workshop using one connection per location whenever possible. Webcast
participants will be sent technical system requirements upon
registering. Prior to joining the streaming Webcast of the public
workshop, it is recommended that you review these technical system
requirements.
    Meeting Materials: All event materials will be sent to registered
attendees via email before the workshop. The event materials will also
be available to view on the Duke-Margolis Web site at https://healthpolicy.duke.edu/events/ninth-annual-sentinel-initiative-public-workshop.
    Transcripts: Please be advised that transcripts will not be
available.

    Dated: November 3, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-26934 Filed 11-7-16; 8:45 am]
 BILLING CODE 4164-01-P