[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Notices]
[Page 40181-40182]
[DOCID:fr11au09-73]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER02-2001-013, Docket No. ER08-19-000, Docket No. ER04-197-
000, Docket No. ER06-792-000, Docket No. ER04-848-000, Docket No. ER00-
167-000, Docket No. ER06-298-000]

Electric Quarterly Reports, Energy Algorithms, LLC, Forest Energy
Partners, LLC, Norge Power Marketing Corporation, Ohms Energy Company,
LLC, Strategic Energy Management Corp., The Energy Group of America
Inc.; Order on Intent To Revoke Market-Based Rate Authority

Issued August 5, 2009.
Before Commissioners: Jon Wellinghoff, Chairman; Suedeen G. Kelly,
Marc Spitzer, and Philip D. Moeller.

    1. Section 205 of the Federal Power Act (FPA), 16 U.S.C. 824d
(2006), and 18 CFR Part 35 (2009), require, among other things, that
all rates, terms, and conditions of jurisdictional services be filed
with the Commission. In Order No. 2001, the Commission revised its
public utility filing requirements and established a requirement for
public utilities, including power marketers, to file Electric Quarterly
Reports summarizing the contractual terms and conditions in their
agreements for all jurisdictional services (including market-based
power sales, cost-based power sales, and transmission service) and
providing transaction information (including rates) for short-term and
long-term power sales during the most recent calendar quarter.\1\
---------------------------------------------------------------------------

    \1\ Revised Public Utility Filing Requirements, Order No. 2001,
FERC Stats. & Regs. ] 31,127, reh'g denied, Order No. 2001-A, 100
FERC ] 61,074, reconsideration and clarification denied, Order No.
2001-B, 100 FERC ] 61,342, order directing filings, Order No. 2001-
C, 101 FERC ] 61,314 (2002) order directing filings, Order No. 2001-
D, 102 FERC ] 61,334 (2003).
---------------------------------------------------------------------------

    2. Commission staff's review of the Electric Quarterly Report
submittals indicates that six utilities with authority to sell electric
power at market-based rates have failed to file their Electric
Quarterly Reports. This order notifies these public utilities that
their market-based rate authorizations will be revoked unless they
comply with the Commission's requirements within 15 days of the date of
issuance of this order.
    3. In Order No. 2001, the Commission stated that,

[i]f a public utility fails to file a[n] Electric Quarterly Report
(without an appropriate request for extension), or fails to report
an agreement in a report, that public utility may forfeit its
market-based rate authority and may be required to file a new
application for market-based rate authority if it wishes to resume
making sales at market-based rates.\2\
---------------------------------------------------------------------------

    \2\ Order No. 2001 at P 222.

---------------------------------------------------------------------------
    4. The Commission further stated that,

[o]nce this rule becomes effective, the requirement to comply with
this rule will supersede the conditions in public utilities' market-
based rate authorizations, and failure to comply with the
requirements of this rule will subject public utilities to the same
consequences they would face for not satisfying the conditions in
their rate authorizations, including possible revocation of their
authority to make wholesale power sales at market-based rates.\3\
---------------------------------------------------------------------------

    \3\ Id. P 223.

    5. Pursuant to these requirements, the Commission has revoked the
market-based rate tariffs of several market-based rate sellers that
failed to submit their Electric Quarterly Reports.\4\
---------------------------------------------------------------------------

    \4\ See, e.g., Electric Quarterly Reports, 73 FR 31,460 (June 2,
2008), Notice of Revocation of Market-Based Rate Tariff; Electric
Quarterly Reports, 115 FERC ] 61,073 (2006), Electric Quarterly
Reports, 114 FERC ] 61,171 (2006).
---------------------------------------------------------------------------

    6. As noted above, Commission staff's review of the Electric
Quarterly Report submittals identified six public utilities with
authority to sell power at market-based rates that failed to file
Electric

Quarterly Reports for the first quarter of 2009. Commission staff
contacted these entities to remind them of their regulatory
obligations.\5\ None of the public utilities listed in the caption of
this order has met those obligations.\6\ Accordingly, this order
notifies these public utilities that their market-based rate
authorizations will be revoked unless they comply with the Commission's
requirements within 15 days of the issuance of this order.
---------------------------------------------------------------------------

    \5\ See Energy Algorithms, LLC, Docket No. ER08-19-000 (June 17,
2009) (unpublished letter order); Forest Energy Partners, LLC,
Docket No. ER04-197-000 (June 17, 2009) (unpublished letter order);
Norge Power Marketing Corporation, Docket No. ER06-792-000 (June 17,
2009) (unpublished letter order); Ohms Energy Company, LLC, Docket
No. ER04-848-000 (June 17, 2009) (unpublished letter order);
Strategic Energy Management Corp., Docket No. ER00-167-000 (June 17,
2009) (unpublished letter order); The Energy Group of America Inc.,
Docket No. ER06-298-000 (June 17, 2009) (unpublished letter order).
    \6\ According to the Commission's records, the companies subject
to this order last filed their Electric Quarterly Reports for the
4th quarter of 2008.
---------------------------------------------------------------------------

    7. In the event that any of the above-captioned market-based rate
sellers has already filed its Electric Quarterly Report in compliance
with the Commission's requirements, its inclusion herein is
inadvertent. Such market-based rate seller is directed, within 15 days
of the date of issuance of this order, to make a filing with the
Commission identifying itself and providing details about its prior
filings that establish that it complied with the Commission's Electric
Quarterly Report filing requirements.
    8. If any of the above-captioned market-based rate sellers do not
wish to continue having market-based rate authority, they may file a
notice of cancellation with the Commission pursuant to section 205 of
the FPA to cancel their market-based rate tariff.
    The Commission orders:
    (A) Within 15 days of the date of issuance of this order, each
public utility listed in the caption of this order shall file with the
Commission all delinquent Electric Quarterly Reports. If a public
utility fails to make this filing, the Commission will revoke that
public utility's authority to sell power at market-based rates and will
terminate its electric market-based rate tariff. The Secretary is
hereby directed, upon expiration of the filing deadline in this order,
to promptly issue a notice, effective on the date of issuance, listing
the public utilities whose tariffs have been revoked for failure to
comply with the requirements of this order and the Commission's
Electric Quarterly Report filing requirements.
    (B) The Secretary is hereby directed to publish this order in the
Federal Register.

    By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-19139 Filed 8-10-09; 8:45 am]


[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Notices]
[Pages 28489-28491]
[FR Doc No: 2011-11973]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64466; File No. SR-EDGA-2011-16]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule To Amend EDGA Rule
11.9 To Introduce Additional Routing Options to the Rule

May 11, 2011.
    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 May 5, 2011, the EDGA Exchange, Inc. (the ``Exchange'' or the
``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which items have been prepared by the self-regulatory
organization. The 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 to introduce additional routing options to
Rule 11.9 and amend existing routing options. The text of the proposed
rule change is available on the Exchange's Web site at http://www.directedge.com, at the Exchange's principal office, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, 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 self-regulatory organization has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.

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

1. Purpose
    The Exchange's current list of routing options are codified in Rule
11.9(b)(3). In this filing, the Exchange proposes to amend Rule
11.9(b)(3) to add three new additional strategies and amend other ones.
    In Rule 11.9(b)(3), the Exchange describes that its system
(``System'') provides a variety of routing options. Routing options may
be combined with all available order types and times-in-force, with the
exception of order types and times-in-force whose terms are
inconsistent with the terms of a particular routing option. The System
will consider the quotations only of accessible markets. The term
``System routing table'' refers to the proprietary process for
determining the specific trading venues to which the System routes
orders and the order in which it routes them. The Exchange reserves the
right to maintain a different System routing table for different
routing options and to modify the System routing table at any time
without notice. The new System routing options are described in more
detail below.
    The Exchange proposes to introduce the ROBB and ROCO routing
strategies and add them to Rules 11.9(b)(3)(c)(vi)-(vii). ROBB/ROCO are
routing options under which an order checks the System for available
shares and then are sent to destinations on the System routing table.
If shares remain unexecuted after routing, they are posted on the book,
unless otherwise

instructed by the User.\3\ The difference between the latter two
strategies lies in the difference in the System routing tables for the
ROBB/ROCO strategies.
---------------------------------------------------------------------------

    \3\ As defined in Rule 1.5 (cc).
---------------------------------------------------------------------------

    The Exchange also proposes to amend the descriptions in
Rules11.9(b)(3)(b) (ROUD), 11.9(b)(3)(l) (IOCX), 11.9(b)(3)(m) (IOCT),
11.9(b)(3)(r), as proposed to be re-lettered as described below (IOCM),
11.9(b)(3)(s), as proposed to be re-lettered as described below (ICMT),
to modify the routing strategies such that if shares remain unexecuted
after routing, they are posted on the book, unless otherwise instructed
by the User. The Exchange proposes to amend the description of the
routing strategies listed in Rule 11.9(b)(3)(c) to state that if shares
remain unexecuted after routing, they are posted on the book, unless
otherwise instructed by the User.
    The same revision is also proposed to other routing strategies that
currently cancel back to the User if shares remain unexecuted after
routing. These include Rules 11.9(b)(3)(e) (ROBA), 11.9(b)(3)(f)
(ROBX), 11.9(b)(3)(g) (ROBY) and 11.9(b)(3)(k) (ROPA).
    The Exchange also proposes to amend the descriptions of the IOCX
and IOCT routing strategies in Rules 11.9(b)(3)(l)-(m) to describe that
for each strategy, routed orders are sent, as an immediate or cancel
(IOC) order, to EDGX. The IOC designation pertains only to the routed
order. If shares remain unexecuted after routing, the order returns to
its original parent order without the IOC designation and it posts to
the book, unless otherwise instructed by the User. The Exchange also
proposes to amend Rules 11.9(b)(3)(e) (ROBA), (b)(3)(f) (ROBX),
(b)(3)(g) (ROBY), (b)(3)(k) (ROPA), (b)(3)(l)-(m) (IOCX/IOCT), and
(b)(3)(r)-(s)(IOCM/ICMT), as proposed to be re-lettered as described
below, to move the placement of the text of ``immediate or cancel
order'' within these descriptions to clarify this point.
    The Exchange also proposes to introduce the SWPC routing strategy
and add it to proposed Rule 11.9(b)(3)(q). SWPC is a routing option
under which an order checks the System for available shares and then is
sent to only Protected Quotations and only for displayed size. To the
extent that any portion of the order is unexecuted, the remainder is
posted on the book at the order's limit price. The entire SWPC order
will not be cancelled back to the User immediately if at the time of
entry there is an insufficient share quantity in the SWPC order to
fulfill the displayed size of all Protected Quotations. The Exchange
believes that the proposed introduction of the SWPC routing option will
provide market participants with greater flexibility in routing orders
consistent with Regulation NMS. This proposed rule change is similar to
NASDAQ Rule 4758(a)(1)(A)(vi) (NASDAQ's ``MOPP'' strategy) and BATS
Exchange, Inc. Rule 11.13(a)(3)(D) (``Parallel T'').\4\
---------------------------------------------------------------------------

    \4\ See, e.g., NASDAQ Rule 4758, BATS Rule 11.13(a)(3)(D).
---------------------------------------------------------------------------

    As a result of the insertion of the SWPC routing strategy into Rule
11.9(b)(3)(r), the Exchange also proposes to move the existing
descriptions of IOCM and ICMT from Rules 11.9(b)(3)(c)(q)-(r) into
Rules 11.9(b)(3)(c)(r)-(s), respectively.
    The Exchange believes that the proposed introduction of these
routing options, described above, will provide market participants with
greater flexibility in routing orders, without having to develop their
own complicated routing strategies.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) of the Act,\5\ which requires the rules of an
exchange 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 proposed change to introduce the routing options
described above will provide market participants with greater
flexibility in routing orders without developing complicated order
routing strategies on their own.
---------------------------------------------------------------------------

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

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

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

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

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

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

    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 \6\ and Rule 19b-
4(f)(6)(iii) thereunder.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6)(iii). 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.
EDGA has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\8\
However, Rule 19b-4(f)(6) \9\ 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 so that the proposal may
become operative upon filing, as the Exchange would like to make the
additional strategies available on or about May 23, 2011. The Exchange
notes that waiver of this requirement will allow the Exchange to
immediately offer Exchange users new routing strategies, and the
inability to immediately offer the new routing strategies would put the
Exchange at a competitive disadvantage. The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest because such waiver would allow the
new routing strategies to become immediately available to Exchange
users. For this reason, the Commission designates the proposed rule
change to be operative upon filing with the Commission.\10\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6)(iii).
    \9\ Id.
    \10\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend 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-EDGA-2011-16 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-EDGA-2011-16. 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 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-
EDGA-2011-16 and should be submitted on or before June 7, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-11973 Filed 5-16-11; 8:45 am]
BILLING CODE 8011-01-P


	           UNITED STATES OF AMERICA

      DEPARTMENT OF TRANSPORTATION

             OFFICE OF THE SECRETARY

                  WASHINGTON, D.C.

						Served:  April 19, 2004

____________________________________________

Notice Shortening Answer Period

Docket OST-2004-17279

____________________________________________

On April 15, 2004, United Parcel Service Co. (UPS) filed in the
captioned docket an application for three weekly all-cargo Hong Kong
fifth-freedom frequencies made available effective October 26, 2004, by
the 2002 Memorandum of Understanding between the United States and Hong
Kong.  UPS states that it will use two of the frequencies in the Hong
Kong-Bangkok market and one in the Hong Kong-Singapore market in October
2004.

Under the Department’s regulations (14 CFR 302.307), answers to this
application would be due April 30, 2004.  In order to be in a position
to act on the application expeditiously, we have decided to shorten the
comment period and to request comments on the UPS application by
Thursday, April 22, 2004.  We request reply comments by Friday, April
23, 2004.

We will serve this notice by email or facsimile to all parties in Docket
OST-2004-17279, and we authorize comments to be served by facsimile or
email.

						PAUL L. GRETCH

			Director, Office of International Aviation

(SEAL)

Dated:  April 19, 2004

An electronic version of this notice is available on the World Wide Web
at

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

 We note that UPS filed a motion for immediate allocation of six
frequencies for Hong Kong-Singapore-Macapagal on March 29, 2004, and in
that motion requested to withdraw from the remainder of the proceeding.
By Notice of Action Taken, dated March 31, 2004, we acted on that
motion, granting UPS’ requests.


[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Notices]
[Pages 48132-48134]
[FR Doc No: 2015-19645]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75609; File No. SR-NYSEMKT-2015-59]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending the NYSE Amex
Options Fee Schedule To Discontinue the Market Access and Connectivity
Subsidy

August 5, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 31, 2015, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the NYSE Amex Options Fee Schedule
(``Fee Schedule'') to discontinue the Market Access and Connectivity
(``MAC'') Subsidy. The Exchange proposes to implement the fee change
effective August 1, 2015. The text of the proposed rule change is
available on the Exchange's Web site at www.nyse.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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this filing is to discontinue the MAC Subsidy as
described below. The Exchange proposes to implement this fee change
effective August 1, 2015.
    The Exchange proposes to discontinue fees for the MAC Subsidy,
which is paid to ATP Holders that provide access and connectivity to
the Exchange to other ATP Holders and/or utilize such access
themselves. In February 2014, the Exchange implemented the MAC Subsidy
for those ATP Holders that provide access and connectivity to the
Exchange for the purposes of electronic order routing either to other
ATP Holders and/or utilize such access themselves.\4\ The MAC Subsidy
pays a certain rebate to qualifying ATP Holders based on certain
executed electronic volumes delivered to the Exchange by the qualifying
ATP Holders' connection(s) to the Exchange. The MAC Subsidy was
designed to attract higher volumes of electronic equity and Exchange-
Traded Fund (``ETF'') volume to the Exchange from certain market
participants. However, the Exchange does not believe that the MAC
Subsidy has achieved its intended objective of attracting additional
volume and, therefore, proposes to discontinue it. Thus, the Exchange
proposes to delete the MAC Subsidy, and the description thereof, from
Section I.H. of the Fee Schedule and to hold that section as Reserved.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 71532 (February 12,
2014), 79 FR 9663 (February 19, 2014) (SR-NYSEMKT-2014-12).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\6\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes the discontinuance of the MAC Subsidy is
reasonable, equitable and not unfairly discriminatory because it would
result in all similarly situated ATP Holders being treated in the same
manner, regardless of volume delivered to the Exchange. The Exchange
further believes the proposed rule change is reasonable because
removing the MAC Subsidy from the Fee Schedule will provide clarity and
greater transparency regarding the Exchange's fees.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\7\ 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend 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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2015-59 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-NYSEMKT-2015-59. This
file number should be included on the subject line if email 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 Section, 100 F Street
NE., Washington, DC 20549-1090 on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be
available for inspection and copying at the NYSE's principal office and
on its Internet Web site at www.nyse.com. 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-NYSEMKT-2015-59 and should be submitted
on or before September 1, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-19645 Filed 8-10-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: June 2, 2008 (Volume 73, Number 106)]
[Notices]
[Page 31529-31530]
[DOCID:fr02jn08-119]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57871; File No. SR-Phlx-2008-37]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Definition of Exchange-Traded Fund Share

May 27, 2008.
    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 May 19, 2008, 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 and
II, below, which Items have been prepared by the Phlx. The Exchange
filed the proposal as a non-controversial proposed rule change pursuant
to section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

    The Phlx proposes to modify Phlx Rule 1000(b)(42), the definition
of Exchange-Traded Fund Share, to conform it to the definition of that
term used in Phlx Rule 1009, Commentary .06.
    The proposed rule change is available at the Phlx, the Commission's
Public Reference Room, and http://www.phlx.com.

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

    In its filing with the Commission, the 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 update and clarify
what may appear to be inconsistent language between Phlx Rule
1000(b)(42) and Phlx Rule 1009, Commentary .06. Phlx Rule 1000(b)(42)
defines the term Exchange-Traded Fund Share. Phlx Rule 1009, Commentary
.06 states what options are appropriate for options trading on Phlx.
Phlx currently utilizes the definition of Exchange-Traded Fund Share as
stated in Phlx Rule 1009, Commentary .06 for purposes of determining
what options are appropriate for options trading. This proposed rule
change is meant to clarify Phlx's rules by correlating the definition
of Exchange-Traded Fund Share in Phlx Rule 1000(b)(42) with the meaning
of Exchange-Traded Fund Share in Phlx Rule 1009, Commentary .06. It is
not intended to change which securities are deemed appropriate for
options trading on Phlx.
    Phlx Rule 1000(b)(42) was adopted in 2001.\5\ The current language
in Phlx Rule 1009, Commentary .06 was adopted in 2007.\6\ Phlx should
have modified Phlx Rule 1000(b)(42) at that time to correlate it to the
meaning of Exchange-Traded Fund Share in Phlx Rule 1009, Commentary
.06, but inadvertently did not. Therefore, Phlx proposes to amend Phlx
Rule 1000(b)(42) to state that the definition of Exchange-Traded Fund
Share shall have the meaning assigned to it in Phlx Rule 1009,
Commentary .06.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 43921 (February 2,
2001), 66 FR 9739 (February 9, 2001).
    \6\ See Securities Exchange Act Release No. 55951 (June 25,
2007), 72 FR 37298 (July 9, 2007).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b)

of the Act \7\ in general, and furthers the objectives of section
6(b)(5) of the Act \8\ 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,
by reducing any potential confusion in the Phlx Options Rules by
correlating the definition of Exchange-Traded Fund Share in Phlx Rule
1000(b)(42) with Phlx Rule 1009, Commentary .06.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 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 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 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),\9\ the proposed rule change has become
effective pursuant to section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \9\ In addition, Rule 19b-4(f)(6)(iii) requires a self-
regulatory organization to give the Commission written notice of its
intent to file a 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 fulfilled this requirement.
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay and designate the proposed rule change as operative
upon filing. The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest because this proposal is solely intended to correlate the
definition of Exchange-Traded Fund Share in the Phlx Options Rules and
is not intended to change which securities are deemed appropriate for
options trading on Phlx.
    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. Therefore, the Commission
designates the proposal as operative upon filing.\12\
---------------------------------------------------------------------------

    \12\ 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. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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-2008-37 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-Phlx-2008-37. 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 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-Phlx-2008-37 and should be submitted on or before June
23, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-12206 Filed 5-30-08; 8:45 am]

BILLING CODE 8010-01-P


Description of June 17, 2003, Presentation Maps Wind Sites This map was created by overlaying wind monitor locations that were made available by ADEQ by latitude/ longitude with general topography and political boundaries. Significant lakes and cities are also shown, as well as general urban, forest, and Indian reservation landuse.

Data Sources: University of Arizona, SRP, Maricopa County, ADEQ, USGS, ALRIS Ozone Sites This map was created by overlaying ozone monitor locations that were made available by ADEQ by latitude/ longitude with general topography and political boundaries. Significant lakes and cities are also shown, as well as general urban, forest, and Indian reservation landuse.

Data Sources: University of Arizona, SRP, Maricopa County, ADEQ, USGS, ALRIS Receptor Area Study Zones This map was created by overlaying receptor area study zones that were made available by Gary Neuroth, Air Pollution Evaluations & Solutions with general topography and political boundaries. Significant lakes and cities are also shown.

Data Source: ADEQ, USGS, ALRIS, Neuroth Receptor sectors with and without 80/ 85 ppb boundaries This series of maps was created by overlaying receptor area boundaries and 80 ppb and 85 ppb boundaries that were made available by Gary Neuroth, Air Pollution Evaluations & Solutions, with general topography and political boundaries. Significant lakes and cities are also shown.

Data Source: ADEQ, USGS, ALRIS, Neuroth 80 and 85 ppb Receptor Areas This map was created by overlaying 80 ppb and 85 ppb receptor area boundaries that were made available by Gary Neuroth, Air Pollution Evaluations & Solutions, with general topography and political boundaries. Significant lakes and cities are also shown, as well as general urban, forest, and Indian reservation landuse.

Data Source: ADEQ, USGS, ALRIS, Neuroth Current and Future Residential land use This map was created using data obtained from the City of Payson, Yavapai County, and MAG.

The Payson zoning data was manually digitized from a hardcopy zoning map, using USGS township, range, and section lines as a guideline. Only the residential zones are shown on this map, in red.

Yavapai County provided its zoning data in a digital format, which was then queried to extract the residential zones, which are shown in red.

Two datasets from MAG were used for this map. The first was land use for the year 2000, and residential land use was extracted and is shown in red. Second, a dataset that showed platted subdivisions was used. Platted subdivisions are shown in blue, indicating development that will take place in the near future, or perhaps is already taking place. Platted subdivisions have been through the planning process and are approved to be built.

Data Sources: MAG 2000 Landuse digital GIS file, Yavapai County Zoning digital GIS file, Payson Zoning hardcopy map Current and Future Land use with Pinal Traffic Projections Two datasets from MAG were used for this map. The first was land use for the year 2000, and residential land use was extracted and is shown in red. Second, a dataset that showed platted subdivisions was used. Platted subdivisions are shown in blue, indicating development that will take place in the near future, or perhaps is already taking place. Platted subdivisions have been through the planning process and are approved to be built.

Data from the Pinal County Transportation Plan 2000 Update was also used. The map depicts change for Annual Average Daily Traffic Counts for Pinal County from 2005 2020.

Data sources: Lima and Associates digital GIS file, MAG digital GIS files Current Residential land use with Emissions: This map shows the Anthropogenic VOC emissions that were produced by the SMOKE model overlayed by current residential landuse. The SMOKE dataset was provided by the ASU Department of Mechanical and Aerospace Engineering and is displayed by 6km cell output, which is the resolution of the model.

Data Source: MAG 2000 Landuse digital GIS file, ASU Department of Mechanical and Aerospace Engineering ( Ascii file) Current Residential land use with Source Area: This map was created by overlaying a source area boundary that was made available by Gary Neuroth, Air Pollution Evaluations & Solutions, with current and future landuse.

Data Sources: MAG 2000 Landuse digital GIS file, ALRIS, Neuroth Current Residential land use with Wind Arrows: This map was created by overlaying wind direction arrows that were made available by Gary Neuroth, Air Pollution Evaluations & Solutions, with current and future landuse.

Data Sources: MAG 2000 Landuse digital GIS file, ALRIS, Neuroth Source with Transportation Modeling Area: This map was created by overlaying a source area boundary that was made available by Gary Neuroth, Air Pollution Evaluations & Solutions, with the Transportation Modeling Area. The map is shown with general topography and political boundaries. The transportation modeling area was scanned and georeferenced from " Preliminary Draft, Initial Analysis for an Eight Hour Ozone Boundary Option for the Maricopa County Nonattainment Area," May 2003, Maricopa Association of Governments.

Data Sources: Neuroth, MAG Source Area with Area A and One Hour Nonattainment Areas This map was created by overlaying a source area boundary that was made available by Gary Neuroth, Air Pollution Evaluations & Solutions, with Phoenix Area A and the one hour nonattainment boundaries which were provided by ADEQ. The map is shown with general topography and political boundaries.

Data Sources: Neuroth, ADEQ 80 and 85 Receptor areas combined with Source area: The 80 ppb receptor area was combined with the source area and the 85 ppb receptor area was combined with the source area to create this map. The map shows the boundaries for the 8 hour ozone nonattainment options for 80 ppb and 85 ppb. The map is shown with general topography and political boundaries.

Data Sources: ADEQ, USGS, ALRIS, Neuroth 80 area aggregated to township The nonattainment boundary line was used to cut out the township data within it. Townships that crossed the boundary were clipped. The newly calculated area of each township in the cut out layer was divided by the original area of the township to get the percentage of each that fell within the boundary. These percentages were linked back to the original townships by their ID numbers. Townships were interactively selected for display in the map based on having at least 50% of their area within the nonattainment boundary.

Data Sources: ADEQ, USGS, ALRIS, Neuroth 85 area aggregated to township; The nonattainment boundary line was used to cut out the township data within it. Townships that crossed the boundary were clipped. The newly calculated area of each township in the cut out layer was divided by the original area of the township to get the percentage of each that fell within the boundary. These percentages were linked back to the original townships by their ID numbers. Townships were interactively selected for display in the map based on having at least 50% of their area within the nonattainment boundary.

Data Sources: ADEQ, USGS, ALRIS, Neuroth


[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Notices]
[Pages 72080-72081]
[FR Doc No: 2013-28819]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9903-65-Region-6]

Draft NPDES General Permit Modification for Discharges From the
Oil and Gas Extraction Point Source Category to Coastal Waters in Texas
and Onshore Stripper Well Category East of The 98th Meridian
(TXG330000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; Proposal of NPDES general permit modification.

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

SUMMARY: EPA Region 6 today proposes modifications for the National
Pollutant Discharge Elimination System (NPDES) general permit
regulating discharges from oil and gas wells in the Coastal Subcategory
in Texas and in the Stripper Subcategory which discharge into waters in
Texas. These modifications would restore coverage eligibility for
certain inland discharges that existed in the previous permit and
require freshwater whole effluent toxicity species for discharges to
freshwater receiving waters.

DATES: Comments must be received by January 16, 2014.

ADDRESSES: Comments should be sent to: Ms. Diane Smith (6WQ-NP), U.S.
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733.
    Comments may also be submitted via email to the following address:
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Ms. Diane Smith, Region 6, U.S.
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202-
2733. Telephone:<PHONE_NUMBER>.
    A complete draft permit and a fact sheet more fully explaining the
proposal may be obtained online from the Web site below or from Ms.
Smith. In addition, the Agency's current administrative record on the
proposal is available for examination at the Region's Dallas offices
during normal working hours after providing Ms. Smith 24 hours advance
notice. A copy of the proposed permit, fact sheet, and this Federal
Register Notice may be found on the EPA Region 6 Web site at: http://www.epa.gov/region6/water/npdes/genpermit/index.htm.

SUPPLEMENTARY INFORMATION: This permit modification action proposes to
clarify the coverage of discharges from stripper wells located east of
the 98th meridian whose produced water comes from the Carrizo/Wilcox,
Reklaw or Bartosh formations in Texas and whose produced water does not
exceed 3000

mg/l total dissolved solids. The modification also adds WET testing
requirements using freshwater species for produced waters which
discharge to freshwater receiving waters. To determine whether your
facility, company, business, organization, etc. is regulated by this
action, you should carefully examine the applicability criteria in Part
I, Section A.1 of this permit. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section. (Note
that previous permit was noticed in the Federal Register at 77 FR 47380
on August 8, 2012.)

Other Legal Requirements

A. State Certification

    Under section 401(a)(1) of the CWA, EPA may not issue an NPDES
permit until the State in which the discharge will occur grants or
waives certification to ensure compliance with appropriate requirements
of the CWA and State law. EPA will seek certification from the Railroad
Commission of Texas prior to issuing a final permit.

B. Other Regulatory Requirements

    When EPA issued the general permit in 2012, EPA had conducted
evaluations required by Coastal Zone Management Act, National
Environmental Policy Act, Endangered Species Act, Magnuson-Stevens
Fishery Conservation and Management Act, Historic Preservation Act,
Paperwork Reduction Act, and Regulatory Flexibility Act. The scope of
Today's permit modification action does not trigger requirements for
new evaluations for compliance with those regulatory requirements.
These requirements were discussed in the fact sheet dated March 7,
2012, when EPA proposed the permit.

    Dated: November 20, 2013.
William K. Honker,
Director, Water Quality Protection Division, EPA Region 6.
[FR Doc. 2013-28819 Filed 11-29-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Notices]
[Pages 57262-57263]
[FR Doc No: 2015-23974]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75931; File No. SR-NASDAQ-2015-109]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Chapter XV, Section 2 Entitled ``NASDAQ Options Market--Fees and
Rebates''

September 16, 2015.
    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 September 3, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``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 proposes to amend Chapter XV, entitled ``Options
Pricing,'' at Section 2, which governs pricing for NASDAQ members using
the NASDAQ Options Market (``NOM''), NASDAQ's facility for executing
and routing standardized equity and index options, to remove references
to options on the Nasdaq-100 Index traded under the symbol NDX
(``NDX'').
    While the changes proposed herein are effective upon filing, the
Exchange has designated the amendments become operative on October 1,
2015.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.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 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 proposes to amend Chapter XV, Section 2, ``NASDAQ
Options Market--Fees and Rebates'' to remove references to NDX, as this
index will be delisted on or before September 30, 2015.
    Today, the Exchange assesses fees and pays rebates related to the
NASDAQ OMX PHLX LLC NDX proprietary index listed on NOM. The Exchange
assesses the following Non-Penny Pilot fees for NDX:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Non-NOM market    NOM market
                                                             Customer      Professional        Firm            maker           maker       Broker-dealer
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-Penny Pilot Options (including NDX \1\):
    Fee for Adding Liquidity............................             N/A           $0.45           $0.45           $0.45           $0.35           $0.45
    Fee for Removing Liquidity..........................            0.85            0.94            0.94            0.94            0.94            0.94
    Rebate to Add Liquidity.............................            0.84             N/A             N/A             N/A             N/A  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

Additionally, for transactions in NDX, a surcharge of $0.15 per
contract is added to the Fee for Adding Liquidity and the Fee for
Removing Liquidity in Non-Penny Pilot Options, except for a Customer
who will not be assessed a surcharge.
    The Exchange will delist this proprietary index and will no longer
assess the above-referenced fees or pay rebates for NDX. The Exchange
proposes to remove references to NDX from the fee schedule, including
current note 1 in the fee schedule at Chapter XV, Section 2(1), which
relates to NDX transactions. The NDX surcharge of $0.15 per contract
would also no longer be assessed.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the

provisions of Section 6 of the Act,\3\ in general, and with Section
6(b)(4) and 6(b)(5) of the Act,\4\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which NASDAQ operates or controls, and is not designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange's proposal to remove the references to NDX, not assess
fees or surcharges for NDX or pay rebates for NDX is reasonable because
the Exchange is seeking to delist this index from NOM on or before
September 30, 2015.
    The Exchange's proposal to remove the references to NDX, not assess
fees or surcharges for NDX or pay rebates for NDX is equitable and not
unfairly discriminatory because no market participant will be able to
transact options in NDX as of the delisting.

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

    NASDAQ 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. The Exchange will delist NDX on or before
September 30, 2015 and no longer offer market participants the
opportunity to transact options in that index on NOM. The removal of
references to NDX from the fee schedule does not impose an undue burden
on competition because NOM Participants will not be able to transact
options in NDX on NOM as of the delisting.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\5\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-109 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2015-109. This
file number should be included on the subject line if email 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
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2015-109 and should
be submitted on or before October 13, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-23974 Filed 9-21-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Notices]
[Pages 10935-10937]
[FR Doc No: 2016-04505]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77235; File No. SR-NASDAQ-2015-159]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Approving a Proposed Rule Change To Implement Additional Price
Protections in the Opening Process

February 25, 2016.

I. Introduction

    On December 23, 2015, the NASDAQ Stock Market LLC (``Exchange'' or
``Nasdaq'') 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 enhance the price protections for the
Exchange's opening process. The proposed rule change was published for
comment in the Federal Register on January 11, 2016.\3\ The Commission
received one comment letter on the proposed rule change.\4\ This order
approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 76833 (January 5,
2016), 81 FR 1240 (``Notice'').
    \4\ See letter from Kermit Kubitz to the Commission, dated
February 1, 2016 (``Kubitz Letter'').
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes new paragraph (F) to Rule 4752(d)(2) to
enhance the price protections for the Nasdaq Opening Cross.\5\
---------------------------------------------------------------------------

    \5\ The term ``Nasdaq Opening Cross'' (hereinafter also referred
to as ``Opening Cross'') is defined in Nasdaq Rule 4752(a)(5).
---------------------------------------------------------------------------

Background

    Nasdaq Rule 4752(d) describes the Nasdaq Opening Cross process, and
Rule 4752(d)(2)(A) through (E) sets forth the process for determining
the price at which an Opening Cross occurs. Specifically, the Opening
Cross occurs at 9:30 a.m. ET and occurs at the price that maximizes the
number of shares of Market On Open orders (``MOO''), Limit On Open
orders (``LOO''), Opening Imbalance Only orders (``OIO''), Early

Market Hours orders, and executable quotes and orders in the Nasdaq
Market Center to be executed.\6\ If more than one price exists that
would maximize such quotes and orders to be executed, then the Opening
Cross occurs at the price that minimizes any imbalance.\7\ If more than
one price exists that would minimize an imbalance, then the Opening
Cross occurs at the entered price at which shares will remain
unexecuted in the cross.\8\ If more than one price exists at which
shares will remain unexecuted in the cross, then the Opening Cross
occurs at the price that minimizes the distance from the bid-ask
midpoint of the inside quotation prevailing at 9:30 a.m.\9\
---------------------------------------------------------------------------

    \6\ See Notice, 81 FR at 1241; see also Rule 4752(d)(2)(A). The
MOO, LOO, and OIO order types are defined in Rules 4702(b)(8),
(b)(9), and (b)(10), respectively; the Early Market Hours order type
is defined in Rule 4752(a)(7).
    \7\ See Notice, 81 FR at 1241; see also Rule 4752(d)(2)(B).
    \8\ See Notice, 81 FR at 1241; see also Rule 4752(d)(2)(C).
    \9\ See Notice, 81 FR at 1241; see also Rule 4752(d)(2)(D).
---------------------------------------------------------------------------

    In addition to the calculation of the Opening Cross price pursuant
to Rule 4752(d)(2)(A) through (D), the Exchange applies a price range
within which the Opening Cross must execute in order to ensure that the
Opening Cross price is reasonably tied to the prevailing market at the
time.\10\ Specifically, the Exchange applies a percentage based
threshold (``Threshold Percentage'') to a benchmark (``Benchmark
Value'') to determine a specific value.\11\ That value is then applied
to the spread for a particular security to determine the price range
within which the Opening Cross for the security may occur (``Threshold
Range''), and outside of which the Opening Cross for the security may
not occur.\12\ Currently, the Threshold Percentage is 10% and the
Benchmark Value is the midpoint of the Nasdaq Best Bid and Offer
(``QBBO'').\13\ To establish the Threshold Range, the Exchange
calculates 10% of the midpoint of the QBBO, and then adds the resulting
value to the Nasdaq Best Offer and subtracts the resulting value from
the Nasdaq Best Bid.\14\ If the Opening Cross price of a security
established pursuant to Rule 4752(d)(2)(A) through (D) falls outside
the Threshold Range, then the Exchange adjusts the Opening Cross price
to a price within the Threshold Range that best satisfies the
conditions of Rule 4752(d)(2)(A) through (D).\15\
---------------------------------------------------------------------------

    \10\ See Notice, 81 FR at 1241; see also Rule 4752(d)(2)(E).
    \11\ See Notice, 81 FR at 1241; see also Rule 4752(d)(2)(E).
    \12\ See Notice, 81 FR at 1241; see also Rule 4752(d)(2)(E).
    \13\ See Notice, 81 FR at 1241. The Threshold Percentage and
Benchmark Value are set by Nasdaq officials in advance and are
published via the NasdaqTrader Web site. See id.
    \14\ See id.
    \15\ See id.; see also Rule 4752(d)(2)(E).
---------------------------------------------------------------------------

    According to the Exchange, the current price adjustment process has
been effective at ensuring that the Opening Cross price of a security
falls within a certain range of the QBBO.\16\ However, an order or
quote entered by a participant in error that establishes one side of
the QBBO could result in an excessively wide QBBO and significantly
skew the Opening Cross price of a security.\17\ The current price
adjustment process would not prevent the Opening Cross from occurring
at an erroneous price under these circumstances, because the price
would still fall within the excessively wide Threshold Range, which
would be calculated using the excessively wide QBBO.\18\ Under these
circumstances, the parties to the erroneously priced transactions would
have to avail themselves of the Exchange's clearly erroneous trade
nullification process.\19\
---------------------------------------------------------------------------

    \16\ See Notice, 81 FR at 1242.
    \17\ See id. The Commission understands that such a scenario is
most likely to arise with illiquid securities.
    \18\ See id.
    \19\ See id.
---------------------------------------------------------------------------

New Price Protections

    In order to mitigate the potential for mispriced Opening Crosses
and the resulting need to use the Exchange's clearly erroneous trade
nullification process, the Exchange proposes additional price
protections for its opening process to help ensure that the Opening
Cross price is reasonably related to the market and not the product of
erroneous order entry.\20\ Specifically, in addition to the existing
process for determining the Opening Cross price for a security, the
Exchange would require the security to pass one of three new ``Opening
Cross Price Tests'' in order for an Opening Cross in the security to
occur.\21\ Each Opening Cross Price Test would specify a range within
which the Opening Cross price must fall and, as discussed in more
detail below, each price range is calculated by applying a threshold to
a specific reference measure.\22\ The Exchange proposes to initially
set the threshold for each Opening Cross Price Test at the greater of
$0.50 or 10% of the reference measure, although the Exchange may adjust
the thresholds for each Opening Cross Price Test independently of one
another.\23\ If a security's Opening Cross price fails all three tests,
then all MOO, LOO, OIO, and Early Market Hours orders in the Nasdaq
Opening Cross in that security would be cancelled back to the
participants, no Opening Cross would occur in that security, and the
security would open for regular market hours trading consistent with
Rule 4752(c).\24\
---------------------------------------------------------------------------

    \20\ See id.
    \21\ See id.; see also proposed Rule 4752(d)(2)(F).
    \22\ See Notice, 81 FR at 1242; see also proposed Rule
4752(d)(2)(F).
    \23\ See Notice, 81 FR at 1242. As proposed, Nasdaq management
would set and modify the thresholds from time to time upon prior
notice to market participants. See id.; see also proposed Rule
4752(d)(2)(F). In addition, the Exchange states that the thresholds
for the proposed Opening Cross Price Tests would be published via
the NasdaqTrader Web site. See Notice, 81 FR at 1242.
    \24\ See Notice, 81 FR at 1242; see also proposed Rule
4752(d)(2)(F).
---------------------------------------------------------------------------

    Under Opening Cross Price Test A, for a Nasdaq-listed security, the
Exchange would establish the Opening Cross price range by adding the
threshold amount to and subtracting the threshold amount from the
Nasdaq Official Closing Price of the security from the previous trading
day. For non-Nasdaq-listed securities, the Exchange would establish the
price range by adding the threshold amount to and subtracting the
threshold amount from the consolidated closing price of the security
from the previous trading day. For new Exchange Traded Products
(``ETPs'') that do not have a Nasdaq Official Closing Price, the
Exchange would establish the price range by adding the threshold amount
to and subtracting the threshold amount from the offering price. If the
Opening Cross price falls outside of the relevant price range, or if a
security does not have a Nasdaq Official Closing Price or consolidated
closing price from the previous trading day, then the security would
fail Opening Cross Price Test A and the Exchange would perform Opening
Cross Price Test B.\25\
---------------------------------------------------------------------------

    \25\ See Notice, 81 FR at 1242; see also proposed Rule
4752(d)(2)(F)(i).
---------------------------------------------------------------------------

    Under Opening Cross Price Test B, the Exchange would establish the
Opening Cross price range by adding the threshold amount to and
subtracting the threshold amount from the Nasdaq last sale (either
round lot or odd lot) after 9:15 a.m. ET but before the Opening Cross.
If the Opening Cross price falls outside this price range, or if there
is no Nasdaq last sale, then the security would fail Opening Cross
Price Test B and the Exchange would perform Opening Cross Price Test
C.\26\
---------------------------------------------------------------------------

    \26\ See Notice, 81 FR at 1242; see also proposed Rule
4752(d)(2)(F)(ii).
---------------------------------------------------------------------------

    Under Opening Cross Price Test C, if the Opening Cross price is
higher than the closing price used under Test A, then the Exchange
would establish the

price range by adding the threshold amount to and subtracting the
threshold amount from the Nasdaq Best Bid. If the Opening Cross price
is lower than the closing price used under Test A, then the Exchange
would establish the price range by adding the threshold amount to and
subtracting the threshold amount from the Nasdaq Best Offer. If a
security does not have a Nasdaq Official Closing Price or consolidated
closing price, as applicable, then the Exchange would use a price of
$0. If the Opening Cross price for a security falls outside of the
relevant price range, then no Opening Cross would occur in the
security; MOO, LOO, OIO, and Early Market Hours orders would be
cancelled; and the Exchange would open that security for market hours
trading consistent with Rule 4752(c).\27\
---------------------------------------------------------------------------

    \27\ See Notice, 81 FR at 1242; see also proposed Rule
4752(d)(2)(F)(iii).
---------------------------------------------------------------------------

Implementation

    The Exchange proposes to implement the Opening Cross Price Tests in
stages over the course of approximately four weeks, beginning with a
small number of securities.\28\ The Exchange states that the
implementation details would be published via an Exchange Trader Alert
and be posted on the NasdaqTrader Web site.\29\
---------------------------------------------------------------------------

    \28\ See Notice, 81 FR at 1243.
    \29\ See id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\30\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\31\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, 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.
---------------------------------------------------------------------------

    \30\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \31\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission notes that the proposal is designed to enhance the
price protections for the Exchange's opening process, to mitigate the
potential for mispriced trades, and to mitigate the need to use the
Exchange's clearly erroneous trade nullification process. In
particular, as discussed above, the proposed Opening Cross Price Tests
are designed to mitigate the potential for a mispriced Opening Cross
when an order or quote entered by a participant in error establishes
one side of the QBBO and significantly skews the Opening Cross price
for the security. As noted by the Exchange, the proposal would help
ensure that the Opening Cross price for a security is reasonably
related to the market and not the product of erroneous order entry. The
Commission also notes that a commenter expressed support for the
proposal, stating that the ``proposed change to avoid a biased or
erroneous opening due to an inadvertent or mistaken submission of a
pre-open order and price is a reasonable change by NASDAQ.'' \32\ Based
on the foregoing, the Commission believes that the proposed Opening
Cross Price Tests are consistent with the Act.
---------------------------------------------------------------------------

    \32\ See Kubitz Letter, supra note 4. This commenter also
expressed broader concerns regarding the availability of information
about pre-market activities and regarding the circumstances under
which pre-market activities would constitute manipulation, in light
of the events of August 24, 2015. See id.
---------------------------------------------------------------------------

    The Commission also believes that the Exchange's proposal to
implement the Opening Cross Price Tests in stages is consistent with
the Act because it would help to limit potential market disruption if
the Exchange experiences a technical issue with the implementation.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\33\ that the proposed rule change (SR-NASDAQ-2015-159) be, and
hereby is, approved.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-04505 Filed 3-1-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: September 19, 2006 (Volume 71, Number 181)]
[Notices]
[Page 54811-54812]
[DOCID:fr19se06-42]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests and Comments

September 13, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: P-12724-000.
    c. Date filed: August 18, 2006.
    d. Applicant: City of Quincy, Illinois.
    e. Name of Project: Mississippi Lock & Dam No. 21 Hydroelectric
Project.
    f. Location: At the existing U.S. Army Corps of Engineers'
Mississippi Lock and Dam No. 21 on the Mississippi River, in Marion
County, Missouri, and Adams County, Illinois.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)--825(r).
    h. Applicant Contact: Mr. Kenneth Cantrell, Director of
Administrative Services, City of Quincy, 730 Maine Street, Quincy, IL
62301,<PHONE_NUMBER>.
    i. FERC Contact: Patricia W. Gillis at<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would utilize the
existing U.S. Army Corps of Engineers' Mississippi Lock and Dam No. 21,
and would consist of the following facilities: (1) A proposed
powerhouse containing 16 generating units with an installed capacity of
17.70 megawatts; (2) a proposed 12-mile-long 69-kilovolt or a proposed
1/4-mile-long 34.5-kilovolt or 3/4-mile-long 138 kilovolt transmission
line; and (3) appurtenant facilities. The average annual generation is
estimated to be 69,185 megawatt hours.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street NE, Room 2A,
Washington DC 20426, or by calling<PHONE_NUMBER>. This filing may also
be viewed on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit

application no later than 30 days after the specified comment date for
the particular application. A competing preliminary permit application
must conform with 18 CFR 4.30(b) and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers. Any of the above-named documents must be filed
by providing the original and the number of copies provided by the
Commission's regulations to: The Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426. A copy of any
motion to intervene must also be served upon each representative of the
Applicant specified in the particular application.
    t. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-15523 Filed 9-18-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Rules and Regulations]
[Page 20987]
[FR Doc No: 2012-8289]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0959; Directorate Identifier 2011-NE-25-AD;
Amendment 39-16970; AD 2012-04-14]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: The FAA is correcting an airworthiness directive (AD) that
published in the Federal Register. That AD applies to RB211-Trent 800
series turbofan engines. The last comment response in the preamble and
the first sentence of regulatory text paragraph (g)(1) are incorrect.
The repetitive inspection interval should be 2,000 flight cycles, not
1,000 flight cycles. This document corrects those errors. In all other
respects, the original document remains the same.

DATES: This final rule is effective April 11, 2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Alan Strom, Aerospace Engineer, Engine
Certification Office, FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; email:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: AD 2012-04-14, Amendment 39-16970 (77 FR
13485, March 7, 2012), currently requires inspecting the front
combustion liner head section for cracking, and if found cracked,
removing the front combustion liner head section from service at the
next shop visit.
    As published, the last comment response in the preamble, and the
first sentence of regulatory text paragraph (g)(1), are incorrect. No
other part of the preamble or regulatory text has been changed;
therefore, only the changed portions of the final rule is being
published in the Federal Register.
    The effective date of this AD remains April 11, 2012.

Correction of Non-Regulatory Text

    In the Federal Register of March 7, 2012, AD 2012-04-14; Amendment
39-16970, is corrected to read as follows:
    On page 13486, in the 3rd column, under the heading Need to Show
All Acceptable Means of Completing the On-Wing Inspection, the 2nd
sentence in the 1st paragraph is corrected to read ``We changed the 2nd
sentence of paragraphs (f)(1) and (g)(1) of the proposed AD from:''
    On page 13486, in the 3rd column, under the heading Need to Show
All Acceptable Means of Completing the On-Wing Inspection, the 1st
sentence in the 2nd and 3rd paragraphs, is deleted.

Correction of Regulatory Text

Sec.  39.13  [Corrected]

0
In the Federal Register of March 7, 2012, AD 2012-04-14; Amendment 39-
16970, on page 13487, in the first column, in paragraph (g)(1), the
first sentence is corrected to read as follows:
* * * * *
    (g)(1) At intervals not to exceed 2,000 FCs, inspect the front
combustion liner head section for cracking.
* * * * *

    Issued in Burlington, Massachusetts, on March 30, 2012.
Colleen D'Alessandro,
Assistant Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2012-8289 Filed 4-6-12; 8:45 am]
BILLING CODE 4910-13-P