[Federal Register: April 14, 2010 (Volume 75, Number 71)]
[Notices]
[Page 19444-19449]
[DOCID:fr14ap10-114]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61872; File No. SR-NASDAQ-2010-045]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Order Granting Accelerated Approval to a Proposed
Rule Change To Extend the Last Sale Data Feeds Pilot Program

April 8, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 31, 2010, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the

proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons, and is approving the proposal on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ is proposing to extend for six months the pilot,
retroactively as of January 1, 2010, that created the NASDAQ Last Sale
(``NLS'') market data products. NLS allows data distributors to have
access to real-time market data for a capped fee, enabling those
distributors to provide free access to the data to millions of
individual investors via the Internet and television. Specifically,
NASDAQ offers the ``NASDAQ Last Sale for NASDAQ'' and ``NASDAQ Last
Sale for NYSE/Amex'' data feeds containing last sale activity in U.S.
equities within the NASDAQ Market Center and reported to the jointly-
operated FINRA/NASDAQ Trade Reporting Facility (``FINRA/NASDAQ TRF'').
The purpose of this proposal is to extend the existing pilot program
for six months, retroactively as of January 1, 2010.
    This pilot program supports the aspiration of Regulation NMS to
increase the availability of proprietary data by allowing market forces
to determine the amount of proprietary market data information that is
made available to the public and at what price. During the current
pilot period, the program has vastly increased the availability of
NASDAQ proprietary market data to individual investors. Based upon data
from NLS distributors, Nasdaq believes that since its launch in July
2008, the NLS data has been viewed by over 50,000,000 investors on
websites operated by Google, Interactive Data, and Dow Jones, among
others.
    The text of the proposed rule change is below. Proposed new
language is italicized; proposed deletions are in brackets.\3\
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    \3\ Changes are marked to the rule text that appears in the
electronic NASDAQ Manual found at http://
nasdaqomx.cchwallstreet.com.
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* * * * *

7039. NASDAQ Last Sale Data Feeds

    (a) For a six month pilot period commencing on [October] January 1,
[2009] 2010, NASDAQ shall offer two proprietary data feeds containing
real-time last sale information for trades executed on NASDAQ or
reported to the NASDAQ/FINRA Trade Reporting Facility.
    (1) ``NASDAQ Last Sale for NASDAQ'' shall contain all transaction
reports for NASDAQ-listed stocks; and
    (2) ``NASDAQ Last Sale for NYSE/Amex'' shall contain all such
transaction reports for NYSE- and Amex-listed stocks.
    (b) Each distributor of the NASDAQ Last Sale Data Feeds may elect
between two alternate fee schedules, depending upon the choice of
distributors to report usage based on either a username/password
entitlement system or a quote counting mechanism or both. All fees for
the NASDAQ Last Sale Data Products are ``stair-stepped'' in that the
fees are reduced for distributors with more users but the lower rates
apply only to users in excess of the specified thresholds rather than
applying to all users once a threshold is met. In addition, there shall
be a maximum fee of $50,000 per month for NASDAQ Last Sale for NASDAQ
and NASDAQ Last Sale for NYSE/Amex.
    (1) Firms that choose to report usage for either a username/
password entitlement system or quote counting mechanism or both shall
elect between paying a fee for each user or a fee for each query. A
firm that elects to pay for each query may cap its payment at the
monthly rate per user. Firms shall pay the following fees:
    (A) NASDAQ Last Sale for NASDAQ

----------------------------------------------------------------------------------------------------------------
               Users/mo                         Price                    Query                    Price
----------------------------------------------------------------------------------------------------------------
1-9,999..............................  $0.60/usermonth........  0-10M..................  $0.003/query.
10,000-49,999........................  0.48/usermonth.........  10M-20M................  0.0024/query.
50,000-99,999........................  0.36/usermonth.........  20M-30M................  0.0018/query.
100,000+.............................  0.30/usermonth.........  30M+...................  0.0015/query.
----------------------------------------------------------------------------------------------------------------

     (B) NASDAQ Last Sale for NYSE/Amex

----------------------------------------------------------------------------------------------------------------
               Users/mo                         Price                    Quotes                   Price
----------------------------------------------------------------------------------------------------------------
1-9,999..............................  $0.30/usermonth........  0-10M..................  $0.0015/query.
10,000-49,999........................  0.24/usermonth.........  10M-20M................  0.0012/query.
50,000-99,999........................  0.18/usermonth.........  20M-30M................  0.0009/query.
100,000+.............................  0.15/usermonth.........  30M+...................  0.000725/query.
----------------------------------------------------------------------------------------------------------------

     (2) Firms that choose not to report usage based on either a
username/password entitlement system or quote counting mechanism or
both may distribute NASDAQ Last Sale Data Products under alternate fee
schedules depending upon whether they distribute data via the Internet
or via Television:
    (A) The fee for distribution of NASDAQ Last Sale Data Products via
the Internet shall be based upon the number of Unique Visitors to a
website receiving such data. The number of Unique Visitors shall be
validated by a vendor approved by NASDAQ in NASDAQ's sole discretion.
    (i) NASDAQ Last Sale for NASDAQ

------------------------------------------------------------------------
              Unique visitors                        Monthly fee
------------------------------------------------------------------------
1-100,000.................................  $0.036/Unique Visitor.
100,000-1M................................  0.03/Unique Visitor.
1M+.......................................  0.024/Unique Visitor.
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     (ii) NASDAQ Last Sale for NYSE/Amex

------------------------------------------------------------------------
              Unique visitors                        Monthly fee
------------------------------------------------------------------------
1-100,000.................................  $0.018/Unique Visitor.
100,000-1M................................  0.015/Unique Visitor.

1M+.......................................  0.012/Unique Visitor.
------------------------------------------------------------------------

     (B) Distribution of NASDAQ Last Sale Data Products via Television
shall be based upon the number of Households receiving such data. The
number of Households to which such data is available shall be validated
by a vendor approved by NASDAQ in NASDAQ's sole discretion.
    (i) NASDAQ Last Sale for NASDAQ

------------------------------------------------------------------------
                Households                           Monthly fee
------------------------------------------------------------------------
1-1M......................................  $0.00096/Household.
1M-5M.....................................  0.00084/Household.
5M-10M....................................  0.00072/Household.
10M+......................................  0.0006/Household.
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     (ii) NASDAQ Last Sale for NYSE/Amex

------------------------------------------------------------------------
                Households                           Monthly fee
------------------------------------------------------------------------
1-1M......................................  $0.00048/Household.
1M-5M.....................................  0.00042/Household.
5M-10M....................................  0.00036/Household.
10M+......................................  0.0003/Household.
------------------------------------------------------------------------

     (C) A Distributor that distributes NASDAQ Last Sale Data Products
via multiple distribution mechanisms shall pay all fees applicable to
each distribution mechanism, provided that there shall be a discount
from the applicable Television rate as follows:
    (i) 10 percent reduction in applicable Television fees when a
Distributor reaches the second tier of Users, Queries, or Unique
Visitors for its non-Television users;
    (ii) 15 percent reduction in applicable Television fees when a
Distributor reaches the third tier of Users, Queries, or Unique
Visitors for its non-Television users; and
    (iii) 20 percent reduction in applicable Television fees when a
Distributor reaches the fourth tier of Users, Queries, or Unique
Visitors for its non-Television users.
    (c) All Distributors of a NASDAQ Last Sale Data Feed shall also pay
a monthly fee of $1,500.
* * * * *

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

    In its filing with the Commission, NASDAQ included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. NASDAQ has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    Prior to the launch of NLS, public investors that wished to view
market data to monitor their portfolios generally had two choices: (1)
Pay for real-time market data or (2) use free data that is 15 to 20
minutes delayed. To increase consumer choice, NASDAQ proposed a pilot
to offer access to real-time market data to data distributors for a
capped fee, enabling those distributors to disseminate the data via the
internet and television at no cost to millions of internet users and
television viewers. NASDAQ now proposes a six-month extension of that
pilot program on the same terms as applicable today.\4\
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    \4\ NASDAQ will file a proposed rule change within thirty days
seeking permanent approval of the NLS pilot.
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    The NLS pilot created two separate ``Level 1'' products containing
last sale activity within the NASDAQ market and reported to the
jointly-operated FINRA/NASDAQ TRF. First, the ``NASDAQ Last Sale for
NASDAQ Data Product,'' a real-time data feed that provides real-time
last sale information including execution price, volume, and time for
executions occurring within the NASDAQ system as well as those reported
to the FINRA/NASDAQ TRF. Second, the NASDAQ Last Sale for NYSE/Amex
data product that provides real-time last sale information including
execution price, volume, and time for NYSE- and Amex-securities
executions occurring within the NASDAQ system as well as those reported
to the FINRA/NASDAQ TRF.
    NASDAQ established two different pricing models, one for clients
that are able to maintain username/password entitlement systems and/or
quote counting mechanisms to account for usage, and a second for those
that are not. Firms with the ability to maintain username/password
entitlement systems and/or quote counting mechanisms will be eligible
for a specified fee schedule for the NASDAQ Last Sale for NASDAQ
Product and a separate fee schedule for the NASDAQ Last Sale for NYSE/
Amex Product: Firms that were unable to maintain username/password
entitlement systems and/or quote counting mechanisms will also have
multiple options for purchasing the NASDAQ Last Sale data. These firms
chose between a ``Unique Visitor'' model for Internet delivery or a
``Household'' model for television delivery. Unique Visitor and
Household populations must be reported monthly and must be validated by
a third-party vendor or ratings agency approved by NASDAQ at NASDAQ's
sole discretion. In addition, to reflect the growing confluence between
these media outlets, NASDAQ offered a reduction in fees when a single
distributor distributes NASDAQ Last Sale Data Products via multiple
distribution mechanisms.
    Second, NASDAQ established a cap on the monthly fee, currently set
at $50,000 per month for all NASDAQ Last Sale products. The fee cap
enables NASDAQ to compete effectively against other exchanges that also
offer last sale data for purchase or at no charge.
    As with the distribution of other NASDAQ proprietary products, all
distributors of the NASDAQ Last Sale for NASDAQ and/or NASDAQ Last Sale
for NYSE/Amex products would pay a single $1,500/month NASDAQ Last Sale
Distributor Fee in addition to any applicable usage fees. The $1,500
monthly fee will apply to all distributors and will not vary based on
whether the distributor distributes the data internally or externally
or distributes the data via both the internet and television.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\5\ in general and with Section
6(b)(4) of the Act,\6\ as stated above, in that it provides an
equitable allocation of reasonable fees among users and recipients of
NASDAQ data. In adopting Regulation NMS, the Commission granted self-
regulatory organizations and broker-dealers increased authority and
flexibility to offer new and unique market data to the public. It was
believed that this authority would expand the amount of data available
to consumers, and also spur innovation and competition for the
provision of market data.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
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    The NASDAQ Last Sale market data products proposed here appear to
be precisely the sort of market data product that the Commission
envisioned when it adopted Regulation NMS. The Commission concluded
that Regulation NMS--by deregulating the market in proprietary data--
would itself further the Act's goals of facilitating efficiency and
competition:

    [E]fficiency is promoted when broker-dealers who do not need the
data beyond the prices, sizes, market center identifications of the
NBBO and consolidated last sale information are not required to
receive (and pay for) such data. The Commission also believes that
efficiency is promoted when broker-dealers may choose to receive
(and pay for) additional market data based on their own internal
analysis of the need for such data.\7\
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    \7\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70
FR 37496 (June 29, 2005).

    By removing ``unnecessary regulatory restrictions'' on the ability
of exchanges to sell their own data, Regulation NMS advanced the goals
of the Act and the principles reflected in its legislative history. If
the free market should determine whether, proprietary data is sold to
broker-dealers at all, it follows that the price at which such data is
sold should be set by the market as well.
    NASDAQ's ability to price its Last Sale Data Products is
constrained by (1) competition between exchanges and other trading
platforms that compete with each other in a variety of dimensions; (2)
the existence of inexpensive real-time consolidated data and free
delayed consolidated data, and (3) the inherent contestability of the
market for proprietary last sale data.
    The market for proprietary last sale data products is currently
competitive and inherently contestable because there is fierce
competition for the inputs necessary to the creation of proprietary
data and strict pricing discipline for the proprietary products
themselves. Numerous exchanges compete with each other for listings,
trades, and market data itself, providing virtually limitless
opportunities for entrepreneurs who wish to produce and distribute
their own market data. This proprietary data is produced by each
individual exchange, as well as other entities, in a vigorously
competitive market.
    Broker-dealers currently have numerous alternative venues for their
order flow, including eleven self-regulatory organization (``SRO'')
markets, as well as broker-dealers (``BDs'') and aggregators such as
the DirectEdge electronic communications network\8\ (``ECN''). Each SRO
market competes to produce transaction reports via trade executions,
and an ever-increasing number of FINRA-regulated Trade Reporting
Facilities (``TRFs'') compete to attract internalized transaction
reports. It is common for BDs to further and exploit this competition
by sending their order flow and transaction reports to multiple
markets, rather than providing them all to a single market. Competitive
markets for order flow, executions, and transaction reports provide
pricing discipline for the inputs of proprietary data products.
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    \8\ NASDAQ notes that DirectEdge recently received approval from
the Commission to operate as a national securities exchange. As of
this filing, however, Direct Edge continues to operate as an ECN-
facility of the ISE. See Securities Exchange Act Release No. 61698
(March 12, 2010), 75 FR 13151 (March 18, 2010).
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    The large number of SROs, TRFs, and ECNs that currently produce
proprietary data or are currently capable of producing it provides
further pricing discipline for proprietary data products. Each SRO,
TRF, ECN and BD is currently permitted to produce proprietary data
products, and many currently do or have announced plans to do so,
including NASDAQ, NYSE, Amex, NYSEArca, and BATS.
    Any ECN or BD can combine with any other ECN, broker-dealer, or
multiple ECNs or BDs to produce jointly proprietary data products.
Additionally, non-broker-dealers such as order routers like LAVA, as
well as market data vendors can facilitate single or multiple broker-
dealers' production of proprietary data products. The potential sources
of proprietary products are virtually limitless.
    The fact that proprietary data from ECNs, BDs, and vendors can by-
pass SROs is significant in two respects. First, non-SROs can compete
directly with SROs for the production and sale of proprietary data
products, as BATS and Arca did before registering as exchanges by
publishing proprietary book data on the Internet. Second, because a
single order or transaction report can appear in an SRO proprietary
product, a non-SRO proprietary product, or both, the data available in
proprietary products is exponentially greater than the actual number of
orders and transaction reports that exist in the marketplace writ
large.
    Consolidated data provides two additional measures of pricing
discipline for proprietary data products that are a subset of the
consolidated data stream. First, the consolidated data is widely
available in real-time at $1 per month for non-professional users.
Second, consolidated data is also available at no cost with a 15- or
20-minute delay. Because consolidated data contains marketwide
information, it effectively places a cap on the fees assessed for
proprietary data (such as last sale data) that is simply a subset of
the consolidated data. The mere availability of low-cost or free
consolidated data provides a powerful form of pricing discipline for
proprietary data products that contain data elements that are a subset
of the consolidated data, by highlighting the optional nature of
proprietary products.
    Market data vendors provide another form of price discipline for
proprietary data products because they control the primary means of
access to end users. Vendors impose price restraints based upon their
business models. For example, vendors such as Bloomberg and Reuters
that assess a surcharge on data they sell may refuse to offer
proprietary products that end users will not purchase in sufficient
numbers. Internet portals, such as Google, impose a discipline by
providing only that data which will enable them to attract ``eyeballs''
that contribute to their advertising revenue. Retail broker-dealers,
such as Schwab and Fidelity, offer their customers proprietary data
only if it promotes trading and generates sufficient commission
revenue. Although the business models may differ, these vendors'
pricing discipline is the same: they can simply refuse to purchase any
proprietary data product that fails to provide sufficient value. NASDAQ
and other producers of proprietary data products must understand and
respond to these varying business models and pricing disciplines in
order to successfully market proprietary data products.
    In addition to the competition and price discipline described
above, the market for proprietary data products is also highly
contestable because market entry is rapid, inexpensive, and profitable.
The history of electronic trading is replete with examples of entrants
that swiftly grew into some of the largest electronic trading platforms
and proprietary data producers: Archipelago, Bloomberg Tradebook,
Island, RediBook, Attain, TracECN, and BATS Trading. Today, BATS
publishes its data at no charge on its website in order to attract
order flow, and it uses market data revenue rebates from the resulting
executions to maintain low execution charges for its users.\9\ Several
ECNs have existed profitably for many years with a minimal share of
trading, including Bloomberg Tradebook and NexTrade.
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    \9\ However, BATS has filed to begin offering and charging for
three new data products, which include BATS Last Sale Feed, BATS
Historical Data Products, and a data product called BATS Market
Insight. See Securities Exchange Act Release No. 61592 (February 25,
2010), 75 FR 10332 (March 5, 2010)
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    Regulation NMS, by deregulating the market for proprietary data,
has increased the contestability of that market. While broker-dealers
have previously published their proprietary data individually,
Regulation NMS encourages market data vendors and broker-dealers to
produce proprietary products cooperatively in a manner

never before possible. Multiple market data vendors already have the
capability to aggregate data and disseminate it on a profitable scale,
including Bloomberg, Reuters and Thomson. New entrants are already on
the horizon, including ``Project BOAT,'' a consortium of financial
institutions that is assembling a cooperative trade collection facility
in Europe. These institutions are active in the United States and could
rapidly and profitably export the Project Boat technology to exploit
the opportunities offered by Regulation NMS.
    In establishing the price for the NASDAQ Last Sale Products, NASDAQ
considered the competitiveness of the market for last sale data and all
of the implications of that competition. NASDAQ believes that it has
considered all relevant factors and has not considered irrelevant
factors in order to establish a fair, reasonable, and not unreasonably
discriminatory fee and an equitable allocation of fees among all users.

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. To the contrary,
the NASDAQ Last Sale Products respond to and enhance competition that
already exists in the market.
    On May 28, 2008, the Internet portal Yahoo! announced that it would
offer its Web site viewers real-time last sale data provided by BATS
Trading. NASDAQ's last sale data products would compete directly with
the BATS product disseminated via Yahoo!. Since that time, BATS has
attracted additional purchasers of its last sale product that is free
of charge or, at least, has not been the subject of a proposed rule
change.
    In addition, as set forth above, the market for last sale data is
already competitive, with both real-time and delayed consolidated data
as well as the ability for innumerable entities to begin rapidly and
inexpensively to offer competitive last sale data products. Moreover,
the New York Stock Exchange distributes competing last sale data
products and has reduced the price of its product. Under the
deregulatory regime of Regulation NMS, there is no limit to the number
of competing products that can be developed quickly and at low cost.
The Commission should not stand in the way of enhanced competition.

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

    Three comment letters were filed regarding the proposed rule change
as originally published for comment. NASDAQ responded to these comments
in a letter dated December 13, 2007. Both the comment letters and
NASDAQ's response are available on the SEC Web site at http://
www.sec.gov/comments/sr-nasdaq-2006-060/nasdaq2006060.shtml.

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2010-045 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2010-045. 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 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-2010-045 and should be submitted on or before May
5, 2010.

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

    The Commission finds that the proposed rule change, to extend the
pilot program for three months, is consistent with the requirements of
the Act and the rules and regulations thereunder applicable to a
national securities exchange.\10\ In particular, it is consistent with
Section 6(b)(4) of the Act,\11\ which requires that the rules of a
national securities exchange provide for the equitable allocation of
reasonable dues, fees, and other charges among its members and issuers
and other parties using its facilities, and Section 6(b)(5) of the
Act,\12\ which requires, among other things, that the rules of a
national securities exchange be designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system and, in general,
to protect investors and the public interest, and not be designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \10\ 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).
    \11\ 15 U.S.C. 78f(b)(4).
    \12\ 15 U.S.C. 78f(b)(5).
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    The Commission also finds that the proposed rule change is
consistent with the provisions of Section 6(b)(8) of the Act,\13\ which
requires that the rules of an exchange not impose any burden on
competition not necessary or appropriate in furtherance of the purposes
of the Act. Finally, the Commission finds that the proposed rule change
is consistent with Rule 603(a) of Regulation NMS,\14\ adopted under
Section 11A(c)(1) of the Act, which requires an exclusive processor
that distributes information with respect to quotations for or
transactions in an NMS stock to do so on terms that are fair and
reasonable and that are not unreasonably discriminatory.\15\
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    \13\ 15 U.S.C. 78f(b)(8).
    \14\ 17 CFR 242.603(a).
    \15\ NASDAQ is an exclusive processor of its last sale data
under Section 3(a)(22)(B) of the Act, 15 U.S.C. 78c(a)(22)(B), which
defines an exclusive processor as, among other things, an exchange
that distributes data on an exclusive basis on its own behalf.

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    The Commission approved the fee for the NASDAQ Last Sale Data Feeds
for a pilot period which ran until December 31, 2009.\16\ The
Commission notes that the Exchange proposes to extend the pilot program
for six months, with such extension retroactive to January 1, 2010. The
Commission did not receive any comments on the previous extensions of
the pilot program.\17\
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    \16\ See Securities Exchange Act Release Nos. 60990 (November
12, 2009) 74 FR 60002 (November 19, 2009); 57965 (June 16, 2008), 73
FR 35178 (June 20, 2008) (SR-NASDAQ-2006-060); 58894 (October 31,
2008), 73 FR 66953 (November 12, 2008) (SR-NASDAQ-2008-086); 59186
(December 30, 2008), 74 FR 743 (January 7, 2009) (SR-NASDAQ-2008-
103); 59652 (March 31, 2009) 74 FR 15533 (April 6, 2009) (SR-NASDAQ-
2009-027); 60201 (June 30, 2009), 74 FR 32670 (July 8, 2009) (SR-
NASDAQ-2009-062).
    \17\ Id.
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    On December 2, 2008, the Commission issued an approval order
(``Order'') that sets forth a market-based approach for analyzing
proposals by self-regulatory organizations to impose fees for ``non-
core'' market data products, such as the NASDAQ Last Sale Data
Feeds.\18\ The Commission believes that Nasdaq's proposal to
temporarily extend the pilot program to June 30, 2010 is consistent
with the Act for the reasons noted in the Order.\19\ The Commission
believes that approving NASDAQ's proposal to temporarily extend the
pilot program that imposes a fee for the NASDAQ Last Sale Data Feeds
for an additional three months will be beneficial to investors and in
the public interest, in that it is intended to allow continued broad
public dissemination of increased real-time pricing information.
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    \18\ See Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770 (December 9, 2008) (Order Setting Aside Action by
Delegated Authority and Approving Proposed Rule Change Relating to
NYSE Arca Data).
    \19\ See supra note 16.
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    The Commission finds good cause for approving the proposed rule
change before the thirtieth day after the date of publication of notice
of filing thereof in the Federal Register. Accelerating approval of
this proposal is expected to benefit investors by continuing to
facilitate their access to widespread, free, real-time pricing
information contained in the NASDAQ Last Sale Data Feeds. Therefore,
the Commission finds good cause, consistent with Section 19(b)(2) of
the Act,\20\ to approve the proposed rule change on an accelerated
basis and retroactively to January 1, 2010.
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    \20\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-NASDAQ-2010-045) is hereby approved
on an accelerated basis.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-8541 Filed 4-13-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38579-38581]
[FR Doc No: 2010-16108]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62385; File No. SR-NSCC-2010-05]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing of Proposed Rule Change To Enhance the
Process for Transfers Through the Automated Customer Account Transfer
Service

June 25, 2010.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and rule 19b-4 thereunder \2\ notice is hereby given that
on June 4, 2010, National Securities Clearing Corporation (``NSCC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been substantially prepared by NSCC. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The purpose of this proposed rule change is to enhance NSCC's
process for transfers through the Automated Customer Account Transfer
Service (``ACATS'').

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

    In its filing with the Commission, NSCC 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. NSCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.

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

    NSCC's ACATS system enables Members to effect automated transfers
of customer accounts among themselves.\3\ For ACATS transfers processed
through NSCC's Continuous Net Settlement (``CNS'') system,\4\ long and
short positions are passed against Members' positions at The Depository
Trust Company (``DTC'') and available securities are delivered from
short Members' accounts at DTC and allocated to long Members' accounts
by book-entry.
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    \3\ ACATS complements a Financial Industry Regulatory Authority
(``FINRA'') rule requiring FINRA members to use automated clearing
agency customer account transfer services and to effect customer
account transfers within specified time frames.
    \4\ CNS is an ongoing accounting system which nets today's
settling trades with yesterday's closing positions to produce a net
short or long position for a particular security for a particular
Member. NSCC is the counter party for all positions. The positions
are then passed against the Member's designated depository positions
and available securities are allocated by book-entry. This
allocation of securities is accomplished through an evening cycle
followed by a day cycle. Positions which remain open after the
evening cycle may be changed as a result of trades accepted for
settlement that day. CNS allocates deliveries in both the night and
day cycles using an algorithm based on priority groups in descending
order, age of position within a priority group, and random numbers
within age groups.
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    NSCC is proposing changes to its ACATS system in connection with a
concurrent rule change proposed by DTC.\5\ NSCC is proposing these
changes for two general reasons. First, NSCC would like to enhance
protection for customer securities in ACATS transfers so that customer
account transfers to new firms would be maximized in the event of a
Member failure. Accordingly, NSCC would modify its ACATS processing and
its Rules so that deliveries or receives processed through CNS would
satisfy a Member's ACATS receive or deliver obligation prior to
satisfying another CNS-related obligation of that Member in the same
security. NSCC would also track CNS ACATS items to prevent reversal of
completed items in the event of a Member's failure. Second, NSCC would
like to facilitate compliance by its Members with their securities
possession and control requirements.\6\ To that end, NSCC proposes
modifying its Rules to clarify that in no event does NSCC have a lien
on securities carried by a Member for the account of its customers that
are delivered through the CNS ACATS service.\7\
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    \5\ DTC is proposing its concurrent rule change with the
Commission in filing SR-DTC-2010-09.
    \6\ Commission Rule 15c3-3 provides that a broker-dealer shall
promptly obtain and shall thereafter maintain the physical
possession or control of all fully paid securities and excess margin
securities carried for the account of customers.
    \7\ DTC's Settlement Service Guide currently provides that
securities delivered to a receiving DTC Participant's account from
CNS are classified as collateral which may otherwise be made
available to NSCC in the event that the DTC Participant fails to
meet its NSCC settlement obligation. Pursuant to a separate rule
filing, DTC is proposing revisions to its service guide so that ACAT
deliveries from CNS would be designated by the DTC Participant as
``Minimum Amount Securities'' when credited to the Participant's
account. This designation would prevent the securities from being
designated as collateral for either this purpose or for purposes of
DTC's Rules. DTC Rule 1 for the definition of Minimum Amount
Securities.
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1. ACATS Transfers Through the CNS System
    Through ACATS, an NSCC Member to which a customer's securities
account is to be transferred (``Receiving Member'') may submit a
Transfer Initiation Request to initiate the account transfer process.
When a Receiving Member accepts a customer account transfer, NSCC
causes all CNS-eligible items in that customer account to enter NSCC's
CNS accounting operation on the day before settlement date unless the
Receiving Member notifies NSCC that

certain items should be withheld from CNS processing.\8\
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    \8\ NSCC Rule 50 (Automated Customer Account Transfer Service).
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    Ordinary CNS items enter the system at contract value, but ACATS
items enter CNS unvalued. This reflects the nature of the ACATS CNS
items as ``free'' transfers. To incentivize deliveries, ACATS items are
marked-to-the-market on the morning of settlement date using their full
CNS value as of the prior day's closing price. Consequently, the
Delivering Member's CNS projection report shows a short securities
position, and its CNS cash reconciliation report shows a cash debit for
the ``full value'' mark. Conversely, the Receiving Member's projection
report shows a long securities position, and its cash reconciliation
report shows a cash credit equal to the ``full value'' mark. If the
Delivering Member fulfills its ACATS delivery obligation, then its
short position is cancelled, and the debit for the mark is offset by a
credit. Likewise, upon receipt of the securities by the Receiving
Member, the Receiving Member's long position is offset, and the credit
for the mark is offset by the debit. The net result is a ``free''
transfer of securities because no money is paid by either the
Delivering Member or Receiving Member.
    For transactions processed through CNS, NSCC normally becomes the
counter party to the transaction and guarantees settlement.\9\ However,
a CNS ACATS transfer is not guaranteed for a party that fails to pay
any portion of its money settlement obligation on settlement date.\10\
In this circumstance, NSCC may reverse uncompleted ACATS items and any
associated debits or credits calculated using the marking process
described above would be eliminated.
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    \9\ Pursuant to Addendum K of its Rules, NSCC generally
guarantees the completion of Continuous Net Settlement (``CNS'') and
Balance Order trades that reach the later of midnight of T+1 or
midnight of the day they are reported to Members. Shortened process
trades, such as same-day and next-day settling trades, are
guaranteed upon comparison or trade recording processing.
    \10\ This includes failure by a Member to pay a mark-to-market
charge.
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    Currently, ACATS transfers settled through CNS are fungible with
all other CNS activity. The CNS system does not distinguish between
ACATS transactions and other transactions, which means that CNS ACATS
receives and delivers are netted with guaranteed settling trades in the
same securities. Pursuant to this proposal, NSCC would begin tracking
ACATS receive and deliver obligations in CNS, and CNS allocations would
be applied to ACATS receive and deliver obligations for a Member in a
security before satisfying another obligation in the same security.\11\
At the end of each processing day, CNS ACATS fails would continue to be
marked to the full-market value and netted with all other CNS
obligations under NSCC's Rules.
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    \11\ This includes a trade-related obligation.
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    In the event of a Member failure, NSCC would use this proposed
automated tracking capability to differentiate between completed and
uncompleted CNS ACATS transactions. In a failure to settle situation,
NSCC would therefore be able to reverse pending ACATS obligations for
uncompleted transfers of a failing Member while still allowing assets
associated with completed ACATS transfers to remain with the Receiving
Member. NSCC believes this would help maximize CNS-related transfers of
customer accounts to new firms.
    An ACATS transfer of a failing Member would be deemed uncompleted
if the failing Member is a Delivering Member and it failed to deliver
to CNS all or a portion of the securities associated with the ACATS
transfer. If the failing Member is a Receiving Member and it failed to
receive all or a portion of the securities associated with the ACATS
transfer from CNS, then the transfer would likewise be deemed
uncompleted. In either case, if the Delivering Member makes a partial
delivery of securities to CNS then the transfer would be deemed
completed for the amount of securities received from CNS by the
Receiving Member to the extent that amount does not exceed the amount
delivered to CNS by the Delivering Member. The transfer would be deemed
uncompleted as to any remaining securities beyond that amount, and only
the uncompleted portion of the item would be subject to reversal.
Transfers would also be deemed uncompleted when the failing Member is
the Delivering Member and it has a flat or overall long CNS position or
when the failing member is the Receiving Member and it has a flat or
CNS short position.
    In the event a Delivering Member and Receiving Member fail on the
same settlement day and have an ACATS transfer obligation between them,
any transfer deemed uncompleted for the Delivering Member would also be
deemed uncompleted for the Receiving Member. NSCC would notify the
affected Members of the details associated with the assets subject to
the reversal and the affected Members would have to reestablish
customer positions accordingly.
2. Possession and Control Requirements
    To facilitate the compliance of Members with their securities
possession and control requirements in ACATS transfers processed
through CNS, NSCC proposes modifying its Rules to clarify that it does
not maintain a lien over ACATS assets delivered to a Receiving Member
through CNS.
3. Amendments to Rules and Procedures
    To provide for the modifications to ACATS described in this filing,
NSCC proposes amending its rules as described in the summaries below.
The proposed changes to NSCC's Rules and Procedures can be found in
Exhibit 5 to proposed rule change SR-NSCC-2010-05 at http://www.dtcc.com/downloads/legal/rule_filings/2010/nscc/2010-05.pdf.
    (a) Amend Rule 18 (Procedures for When NSCC Declines or Ceases to
Act).
    Section 7 of Rule 18 (Procedures for when the Corporation Declines
or Ceases to Act) provides that NSCC maintains a lien on all property
placed in its possession by a Member as security for any and all
liabilities of that Member to NSCC. An existing exception to this rule
is where such a lien would be prohibited under Commission Rules 8c-1
and 15c2-1. NSCC proposes modifying this section to clarify that it
does not maintain a lien on ACATS assets that have been delivered to a
Receiving Member through CNS.
    (b) Procedure VII (CNS Accounting Operation).
    NSCC proposes modifying Procedure VII to provide for the tracking
of customer transfers by stating that deliveries of a particular
security through CNS would be designated to apply to a Member's ACATS
receive and deliver obligations before satisfying another obligation,
such as a trade-related obligation of that Member. In addition, the
modified language would indicate that this designation would be
provided to the Member's Designated Depository to facilitate its
processing of the item.
    (c) Rule 50 (ACATS).
    NSCC would amend Rule 50 to clarify that NSCC may reverse
uncompleted ACATS items when either the Delivering or Receiving Member
failed to meet its settlement obligation to NSCC. In addition, this
Rule would be revised to note that in the event of such a reversal of
uncompleted CNS ACAT obligations, NSCC would make files available to
each Member to show each open security position due to settle that day
that would be subject to the reversal as well as such other information
as NSCC may deem advisable. The

proposed change also includes a technical correction to clarify that
ACATS transactions enter the CNS Accounting Operation on the day before
Settlement Date (SD-1), rather than T+1.
    NSCC proposes implementing the changes proposed in this filing
during the third quarter of 2010 and advising Members of the
implementation date through issuance of NSCC Important Notices.
    NSCC believes the proposed rule change is consistent with the
requirements of Section 17A of the Act \12\ and the rules and
regulations thereunder because the proposed modifications would
facilitate NSCC's prompt and accurate clearance and settlement of
securities transactions by implementing a tracking mechanism to
distinguish ACATS activity from other items processed through CNS and
by clarifying that NSCC does not maintain a lien on ACATS assets
delivered to a Receiving Member through CNS.
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    \12\ 15 U.S.C. 78q-1.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change would impose
any burden on competition.

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

    Written comments relating to the proposed rule change have not been
solicited or received. NSCC will notify the Commission of any written
comments received by NSCC.

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

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period (i) as the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will:

    (A) By order approve the proposed rule change or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NSCC-2009-05 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-NSCC-2010-05. 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 Section, 100 F Street,
NE., Washington, DC 20549-1090, on official business days between the
hours of 10 a.m. and 3 p.m. Copies of such filings will also be
available for inspection and copying at the principal office of the
NSCC and on NSCC's Web site at http://www.dtcc.com/downloads/legal/rule_filings/2010/nscc/2010-05.pdf.
    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-NSCC-2009-05
and should be submitted on or before July 23, 2010.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-16108 Filed 7-1-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Notices]
[Pages 27046-27048]
[FR Doc No: 2012-10970]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: ER11-3949-005.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance Filing: Order Nos. 741 and 741-A, Credit
Reforms--Tariffs to be effective 7/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5336.
    Comments Due: 5 p.m. ET 5/14/12.

    Docket Numbers: ER11-3951-001.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35: Compliance Filing: Order Nos. 741 and 741-A, ISO-
TO and ISO-NYSRC Agreements to be effective 7/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5349.
    Comments Due: 5 p.m. ET 5/14/12.

    Docket Numbers: ER12-309-002.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: 04-30-12 Attachment X--Queue Reform
Compliance to be effective 1/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5438.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-923-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: 04-30-12 LAC Compliance to be effective
4/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5340.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1436-002.
    Applicants: Eagle Point Power Generation LLC.
    Description: Eagle Point Power Generation LLC submits tariff filing
per 35.17(b): Category Seller Revision to be effective 4/2/2011.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5424.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1642-000.
    Applicants: Pacific Gas and Electric Company.
    Description: CCSF IA--37th Quarterly Filing of Facilities
Agreements to be effective 3/31/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5000.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1643-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: Order 755 Regulation Market Changes to be effective
12/31/9998.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5161.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1644-000.
    Applicants: PacifiCorp.
    Description: PAC Energy NITSA Rev 15 to be effective 4/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5252.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1645-000.
    Applicants: ITC Midwest LLC.
    Description: ITC Midwest LLC submits tariff filing per
35.13(a)(2)(iii: ITC Midwest-Muscatine Notice of Succession Filing to
be effective 7/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5292.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1646-000.
    Applicants: Florida Power Corporation.
    Description: Florida Power Corporation submits tariff filing per
35.13(a)(2)(iii: Annual update of cost factors for Florida Power Corp.
Interchange Agreements to be effective 5/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5299.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1647-000.
    Applicants: Florida Power Corporation.
    Description: Florida Power Corp Additional Transmission Projects
for 50% CWIP Recovery.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5305.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1648-000.
    Applicants: ITC Midwest LLC.
    Description: ITC Midwest LLC submits tariff filing per
35.13(a)(2)(iii: Filing of Attachment Agreements to be effective 5/1/
2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5313.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1649-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Entergy Arkansas, Inc. submits tariff filing per
35.13(a)(2)(iii: Cleco NITSA 6th Rev. to be effective 5/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5315.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1650-000.
    Applicants: Maine Public Service Company.
    Description: Maine Public Service Company submits tariff filing per
35.13(a)(1): Formula Rate Change Filing to be effective 7/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5322.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1651-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii: ISO-NE Central Counterparty to be effective 1/1/2013.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5415.
    Comments Due: 5 p.m. ET 5/14/12.

    Docket Numbers: ER12-1652-000.
    Applicants: Stephentown Spindle, LLC.
    Description: Stephentown Spindle, LLC submits tariff filing per 35:
Category Seller Status Revision to be effective 5/1/2012.

    Filed Date: 4/30/12.
    Accession Number: 20120430-5417.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1653-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35: Compliance Filing: Order No. 755, Frequency
Regulation to be effective 10/27/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5428.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1654-000.
    Applicants: Avista Corporation.
    Description: Avista Corporation submits tariff filing per 35.12:
Avista KEC Interconnection Agreement SA T0205-1 to be effective 5/1/
2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5432.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1655-000.
    Applicants: Lea Power Partners, LLC.
    Description: Lea Power Partners, LLC submits tariff filing per
35.13(a)(2)(iii: April 2012 Change in Status Filing to be effective 3/
29/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5434.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1656-000.
    Applicants: Waterside Power, LLC.
    Description: Waterside Power, LLC submits tariff filing per
35.13(a)(2)(iii: April 2012 Change in Status Filing to be effective 3/
29/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5436.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1657-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits tariff filing
per 35.13(a)(2)(iii: Western's Work Performance Agreement (Cottonwood),
Rate Schedule FERC No. 228 to be effective 5/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5441.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1658-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: 4-30-12 AIC/PPI to be
effective 4/11/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5442.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1659-000.
    Applicants: New England Power Pool Participants Committee.
    Description: New England Power Pool Participants Committee submits
tariff filing per 35.13(a)(2)(iii: May 2012 Membership Filing to be
effective 5/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5443.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1660-000.
    Applicants: Tuscola Bay Wind, LLC.
    Description: Tuscola Bay Wind, LLC submits tariff filing per 35.12:
Tuscola Bay Wind, LLC MBR Application to be effective 6/29/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5445.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1661-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: Revisions to PJM OATT Sch 12 & Sch 12 Appendices per
Order in EL02-23 & ER08-858 to be effective 5/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5447.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1662-000.
    Applicants: Black Hills/Colorado Electric Utility Co.
    Description: Black Hills/Colorado Electric Utility Company, LP
submits tariff filing per 35.13(a)(2)(iii: OATT Revised Sections to be
effective 5/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5448.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1663-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: 04-30-12 Att L Compliance (Order 741) to
be effective 1/1/2013.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5450.
    Comments Due: 5 p.m. ET 5/14/12.

    Docket Numbers: ER12-1664-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: 04-30-12 755 Compliance to be effective
10/27/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5459.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1665-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: 2028R2 Sunflower Electric Power Corporation NITSA NOA
to be effective 4/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5467.
    Comments Due: 5 p.m. ET 5/21/12.

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

    Docket Numbers: ES12-38-000.
    Applicants: Delmarva Power & Light Company, Potomac Electric Power
Company.
    Description: Application for Authorization to Issue short-term debt
of Delmarva Power & Light Company, et al.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5303.
    Comments Due: 5 p.m. ET 5/21/12.

    Take notice that the Commission received the following land
acquisition reports:

    Docket Numbers: LA12-1-000.
    Applicants: Astoria Generating Company, L.P.
    Description: Report/Quarterly Land Acquisition Report of Astoria
Generating Company, L.P.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5144.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: LA12-1-000.
    Applicants: El Paso Electric Company.
    Description: Land Acquisition Report of El Paso Electric Company.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5239.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: LA12-1-000.
    Applicants: Cedar Creek II, LLC, Copper Mountain Solar 1, LLC, El
Dorado Energy, LLC, Fowler Ridge II Wind Farm LLC, Mesquite Power, LLC,
Mesquite Solar 1, LLC, San Diego Gas & Electric Company, Sempra Energy
Trading LLC, Sempra Generation, and Termoelectrica U.S., LLC.
    Description: Sempra Generation et al. Land Acquisition Report.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5245.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: LA12-1-000.
    Applicants: Bluegrass Generation Company, LLC, Blythe Energy, LLC,
Calhoun Power Company, LLC, Cherokee County Cogeneration Partners, LLC,
DeSoto County Generating Company, LLC, Doswell Limited Partnership, Las
Vegas Power Company, LLC, LS Power Marketing, LLC, LSP Safe Harbor
Holdings, LLC, LSP University Park, LLC, Renaissance Power, L.L.C.,
Riverside Generating Company, L.L.C., Rocky Road Power, LLC, Tilton
Energy LLC, University Park

Energy, LLC, Wallingford Energy LLC, and Wyoming Colorado Intertie,
LLC.
    Description: Report/Quarterly Land Acquisition Report of Bluegrass
Generation Company, LLC, Blythe Energy, LLC, Calhoun Power Company,
LLC, Cherokee County Cogeneration Partners, LLC, DeSoto County
Generating Company, LLC, et al.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5251.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: LA12-1-000.
    Applicants: AES Corporation, AEE2, LLC, AES Alamitos, LLC, AES
Armenia Mountain Wind, LLC, AES Creative Resources, L.P., AES Eastern
Energy, L.P., AES Energy Storage, LLC, AES ES Westover, LLC, AES
Huntington Beach, LLC, AES Ironwood, LLC, AES Laurel Mountain, LLC, AES
Red Oak, LLC, AES Redondo Beach, LLC, Condon Wind Power, LLC,
Indianapolis Power & Light Company, Mountain View Power Partners, LLC,
Mountain View Power Partners IV, LLC, The Dayton Power and Light
Company, DPL Energy, LLC.
    Description: Report of Site Acquisition of The AES Corporation.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5353.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: LA12-1-000.
    Applicants: Elizabethtown Energy, LLC, Lumberton Energy, LLC,
Hatchet Ridge Wind, LLC, Lyonsdale Biomass, LLC, ReEnergy Sterling CT
Limited Partnership, Bayonne Plant Holding, LLC, Camden Plant Holding,
LLC, Dartmouth Power Associates Limited Partnership, Elmwood Park
Power, LLC, Newark Bay Cogeneration Partnership, L.P., Pedricktown
Cogeneration Company LP, York Generation Company LLC, Boralex Ashland
LP, Boralex Fort Fairfield LP, Boralex Livermore Falls LP, Boralex
Stratton Energy LP, Black River Generation, LLC, Spring ValleyWind LLC.
    Description: Quarterly Land Aquisition Report of Elizabethtown
Energy, LLC, et al.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5382.
    Comments Due: 5 p.m. ET 5/21/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 30, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-10970 Filed 5-7-12; 8:45 am]
BILLING CODE 6717-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on July 21, 2004March 21,
2005

NOTICE OF ACTION TAKEN -- DOCKETS OST-2002-13217

NOTICE OF ACTION TAKEN -- DOCKETS OST-2001-9768

        							            OST-2002-13400	3-15253

________________________________________________________________________
___________________This serves as notice to the public of the action
described below, taken by the Department official indicated (no
additional confirming order will be issued in this matter).

Applications of DELTA AIR LINES, INC. (DELTA)US AIRWAYS, INC. filed
6/17/042/24/05, for:

XX  Renewal of exemption for two years under 49 U.S.C. 40109 to provide
the following service:

Docket OST-2002-132172001-9768:

Scheduled foreign air transportation of persons, property, and mail
between the terminal point Charlotte, North Carolina,  and the terminal
point Cozumel, Mexico.  the terminal point San Diego, California, and
the terminal point Loreto, Mexico, and to combine this exemption
authority with all of Delta’s existing certificate and exemption
authority, consistent with international agreements.

Docket OST-2002-134002003-15253:

Scheduled foreign air transportation of persons, property, and mail
between the terminal point Philadelphia, Pennsylvania, and the terminal
point Cozumel, Mexico.

Scheduled foreign air transportation of persons, property, and mail
between the terminal point San Diego, California, and the terminal point
Mazatlan, Mexico, and to combine this exemption authority with all of
Delta’s existing certificate and exemption authority, consistent with
international agreements.

US Airways further requests that the Department consolidate the
exemption authorities described above into a single docket with a common
expiration date.  US Airways states that granting this request would
facilitate the administration and processing of its Cozumel authorities
for the Department as well as US Airways.

Delta states that it uses the authority in both documents pursuant to a
code-share arrangement with Aerovias de Mexico, S.A., de C.V.
(Aeromexico), whereby Delta places its “DL” code on the flights of
Aeromexico in the subject markets.

Applicant reps: Robert E. CohnHoward Kass (202703)<PHONE_NUMBER>- 5230	DOT
Analyst: Linda Lundell Thuy H. Cooper<PHONE_NUMBER>5423

D I S P O S I T I O N

XX  Granted ( (ssubject to conditions;  also, and see remarks, see
below)

The above action was effective when taken:  _  July 21, 2004  March 21,
2005, through _.July 21, 2006March 21, 2007.

Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

(See next page)												2

XX   The authority granted is consistent with the aviation agreement
between the United States

and Mexico.XX  The authority granted is consistent with the aviation
agreement between the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

	XX   Holder’s certificates of public convenience and necessity

	XX  Standard Exemption Conditions (attached)

________________________________________________________________________
__________

Conditions: The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2.

ConditionsRemarks:   The U.S.-Mexico exemption authority granted is
subject to the dormancy notice requirements set forth in condition 7 of
Appendix A of Order 88-10-2, and is limited to operations conducted on a
code-share basis only.  We have granted the carrier’s request to
consolidate the exemption authorities granted here into a single docket,
with a common expiration date.  In this regard, future requests for the
subject authority may be filed in Docket OST-2001-9768.

The route integration authority granted to Delta is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of the route integration authority granted should be construed as
conferring upon Delta rights (including fifth-freedom intermediate
and/or beyond rights) to serve markets where U.S. carrier entry is
limited unless Delta notifies the Department of its intent to serve such
a market and unless and until the Department has completed any necessary
carrier selection procedures to determine which carrier(s) should be
authorized to exercise such rights); (b) should there be a request by
any carrier to use the limited-entry route rights that are included in
Delta’s authority by virtue of the route integration exemption granted
here, but that are not then being used by Delta, the holding of such
authority by route integration will not be considered as providing any
preference for Delta in a competitive carrier selection proceeding to
determine which carrier(s) should be entitled to use the authority at
issue.

.

________________________________________________________________________
________________________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the application was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the

referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time

without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

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

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

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 Aeromexico holds the requisite underline underlying authority by Notice
of Action Taken dated October 15, 2003 in Docket 2002-13400.


[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Proposed Rules]
[Pages 26980-26981]
[FR Doc No: 2011-11292]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1155]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; correction.

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

SUMMARY: On November 9, 2010, FEMA published in the Federal Register a
proposed rule that included an erroneous community name for Lake
Michigan and White Ditch in La Porte County, Indiana. The City of
Michiana Shores should have been listed as the Town of Michiana Shores.

DATES: Comments pertaining to the Lake Michigan and White Ditch BFEs
for the Town of Michiana Shores are to be submitted on or before August
8, 2011.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1155, to Luis Rodriguez, Chief, Engineering Management Branch, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER> or (e-
mail<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER> or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) publishes proposed determinations of Base (1% annual-chance)
Flood Elevations (BFEs) and modified BFEs for communities participating
in the National Flood Insurance Program (NFIP), in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are minimum requirements.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities. These proposed elevations are
used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.

Correction

    In the proposed rule published at 75 FR 68744, in the November 9,
2010, issue of the Federal Register, FEMA published a table under the
authority of 44 CFR 67.4. The table, entitled ``La Porte County,
Indiana, and Incorporated Areas'' addressed several flooding sources,
including Lake Michigan and White Ditch. That table incorrectly listed
the City of Michiana Shores among the communities affected by the
modified BFEs for Lake Michigan and White Ditch and listed the
incorrect name of the community in the list of map repository
addresses. The correct name of the community is the Town of Michiana
Shores, and its map repository is located at the Town Hall, 601 El
Portal South Drive, Michiana Shores, Indiana 46360. This proposed rule
correction is reopening the comment period for the modified BFEs for
Lake Michigan and White Ditch, for the Town of Michiana Shores, due to
the error in listing this community as the City of Michiana Shores in
the previously published proposed rule at 75 FR 68744.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: April 8, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-11292 Filed 5-9-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Rules and Regulations]
[Pages 47410-47411]
[FR Doc No: 2015-19377]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0741]

Drawbridge Operation Regulation; Gulf Intracoastal Waterway,
Galveston, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulations.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the operation of the Galveston Causeway
Railroad Vertical Lift Bridge across the Gulf Intracoastal Waterway,
mile 357.2 west of Harvey Locks, at Galveston, Galveston County, Texas.
The deviation is necessary in order to conduct maintenance on the
bridge. This deviation allows the bridge to remain temporarily closed
to navigation for eight hours on consecutive days during day light
hours and will operate normally at all other times.

DATES: This deviation is effective from August 31 through September 5,
2015. This deviation will be enforced from 7:30 a.m. to 11:30 and then
again from 1:30 p.m. to 5:30 p.m., daily, beginning August 31 through
September 5, 2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0741] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Jim Wetherington, Bridge
Administration Branch, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl F. Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The BNSF Railway Company requested a
temporary deviation from the operating schedule of the Galveston
Causeway Railroad Vertical Lift Bridge across the Gulf Intracoastal
Waterway, mile 357.2 west of Harvey Locks, at Galveston, Galveston
County, Texas.
    The bridge has a vertical clearance of 8.0 feet above mean high
water, elevation 3.0 feet (NAVD88), in the closed-to-navigation
position and 73 feet above mean high water in the open-to-navigation
position. In accordance with 33 CFR 117.5, the draw shall open on
signal for the passage of vessels.
    This temporary deviation allows the vertical lift bridge to remain
closed to navigation from 7:30 a.m. to 11:30 and then again from 1:30
p.m. to 5:30 p.m., daily, beginning August 31 through September 5,
2015. During this time, the bridge owner will complete cable lubing,
welding joints and replacing span guide bearings. If the vessel can
safely pass without an opening, the vessel may pass at the slowest safe
speed. The bridge can open in case of emergency.
    Navigation at the site of the bridge consists mainly of tows with
barges and some recreational pleasure craft. Based on known waterway
users, as well as coordination with those waterway users, it has been
determined that this closure will not have a significant effect on
these vessels. No alternate routes are available.
    In accordance with 33 CFR 117.35, the draw bridge must return to
its regular operating schedule immediately

at the end of the effective period of this temporary deviation.
    This deviation from the operating regulations is authorized under
33 CFR 117.35.

    Dated: August 3, 2015.
David M. Frank,
Bridge Administrator, Eighth Coast Guard District.
[FR Doc. 2015-19377 Filed 8-6-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 152 (Thursday, August 7, 2014)]
[Notices]
[Pages 46252-46254]
[FR Doc No: 2014-18694]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC14-120-000.
    Applicants: Astoria Energy LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act and Request for Waivers and Expedited Action of
Astoria Energy LLC.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5106.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: EC14-121-000.
    Applicants: Osage Wind, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, Request for Shortened Notice Period, Expedited
Consideration and Confidential Treatment of Osage Wind, LLC.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5134.
    Comments Due: 5 p.m. ET 8/21/14.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER13-75-005.
    Applicants: Public Service Company of Colorado.
    Description: 2014-07-31--Order 1000-Att R-PSCo-Amnd-0.3.1-Filing to
be effective 12/31/9998.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5148.
    Comments Due: 5 p.m. ET 8/14/14.

    Docket Numbers: ER13-77-003.

    Applicants: Tucson Electric Power Company.
    Description: Tucson Electric Power Company submits Order No. 1000
Compliance Filing to be effective 12/31/9998.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5182.
    Comments Due: 5 p.m. ET 8/14/14.

    Docket Numbers: ER13-78-003.
    Applicants: UNS Electric, Inc.
    Description: UNS Electric, Inc. submits Order No. 1000 Compliance
Filing to be effective 12/31/9998.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5183.
    Comments Due: 5 p.m. ET 8/14/14.

    Docket Numbers: ER13-79-003.
    Applicants: Public Service Company of New Mexico.
    Description: Order No. 1000 OATT Compliance Filing to be effective
12/31/9998.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5137.
    Comments Due: 5 p.m. ET 8/14/14.

    Docket Numbers: ER13-82-003.
    Applicants: Arizona Public Service Company
    Description: OATT Order No. 1000 Compliance Filing--Attachment E to
be effective 12/31/9998.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5088.
    Comments Due: 5 p.m. ET 8/14/14.

    Docket Numbers: ER13-91-003.
    Applicants: El Paso Electric Company.
    Description: El Paso Electric Company submits OATT Order No. 1000
Compliance Filing to be effective 12/31/9998.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5116.
    Comments Due: 5 p.m. ET 8/14/14.

    Docket Numbers: ER13-96-003.
    Applicants: Black Hills Power, Inc.
    Description: Order No. 1000 OATT Compliance Filing to be effective
12/31/9998.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5173.
    Comments Due: 5 p.m. ET 8/14/14.

    Docket Numbers: ER13-97-003.
    Applicants: Black Hills/Colorado Electric Utility Company, LP.
    Description: Black Hills/Colorado Electric Utility Company, LP
submits Order No. 1000 OATT Compliance Filing to be effective 12/31/
9998.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5174.
    Comments Due: 5 p.m. ET 8/14/14.

    Docket Numbers: ER13-120-003.
    Applicants: Cheyenne Light, Fuel and Power Company.
    Description: Cheyenne Light, Fuel and Power Company submits Order
No. 1000 OATT Compliance Filing to be effective 12/31/9998.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5176.
    Comments Due: 5 p.m. ET 8/14/14.

    Docket Numbers: ER14-2430-001.
    Applicants: Arizona Public Service Company.
    Description: Large Generator Interconnection Agreements with
Hyder--Re-file Title Pages to be effective 8/13/2014.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5004.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: ER14-2486-000.
    Applicants: Covanta Union, LLC.
    Description: Amendment to July 24, 2014 Covanta Union, LLC tariff
filing.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5132.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: ER14-2543-000.
    Applicants: Equilon Enterprises LLC.
    Description: Equilon Supplement to Change In Status to be effective
8/1/2014.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5065.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: ER14-2544-000.
    Applicants: PacifiCorp.
    Description: OATT EIM Attachment T Revisions to be effective 8/15/
2014.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5078.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: ER14-2545-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Queue W3-175; Service Agreement No. 3904 to be
effective 7/2/2014.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5081.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: ER14-2546-000.
    Applicants: NorthWestern Corporation.
    Description: OATT Order No 789 Compliance Filing (Montana) to be
effective 10/1/2014.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5087.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: ER14-2547-000.
    Applicants: Union Power Partners, L.P.
    Description: Revised Rate Schedule FERC No. 2 to be effective 10/1/
2014.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5094.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: ER14-2548-000.
    Applicants: Ocean State Power.
    Description: Ocean State Power LLC Notice of Succession to be
effective 7/1/2014.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5095.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: ER14-2549-000.
    Applicants: PacifiCorp.
    Description: UMPA ARTSOA Rev 4 to be effective 10/1/2014.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5103.
    Comments Due: 5 p.m. ET 8/21/14

    Docket Numbers: ER14-2550-000.
    Applicants: Louisville Gas and Electric Company.
    Description: Order No. 792 Compliance Filing to be effective 8/4/
2014.
    Filed Date: 7/31/1.4
    Accession Number: 20140731-5112.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: ER14-2551-000.
    Applicants: Duke Energy Progress, Inc., Duke Energy Florida, Inc.,
Duke Energy Carolinas, LLC.
    Description: OATT Order 792 Compliance Filing to be effective 8/4/
2014.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5138.
    Comments Due: 5 p.m. ET 8/21/14

    Docket Numbers: ER14-2552-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Section 205 tariff revisions of credit requirements
for CTS External Transaction to be effective 12/31/9998.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5149.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: ER14-2553-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Revisions to Implement Long Term Congestion Rights--
FERC Order 681 to be effective 2/1/2015.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5165.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: ER14-2554-000.
    Applicants: Illinois Power Generating Company.
    Description: Requests for Waivers of Parts 41, 101 and 141 of the
Commission's Regulations to be effective 8/1/2014.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5166.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: ER14-2555-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits 2158R4 Arkansas
Electric Cooperative Corp NITSA and NOA to be effective 7/1/2014.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5178.

    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: ER14-2556-000.
    Applicants: South Carolina Electric & Gas Company.
    Description: South Carolina Electric & Gas Company submits:
Compliance filing Order No. 792 to be effective 7/31/2014.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5180.
    Comments Due: 5 p.m. ET 8/21/14.

    Take notice that the Commission received the following land
acquisition reports:
    Docket Numbers: LA14-2-000.
    Applicants: Alpaugh 50, LLC, Alpaugh North, LLC, CED White River
Solar, LLC, CED White River Solar 2, LLC, CED Corcoran Solar, LLC, CED
Corcoran Solar 2, LLC.
    Description: Quarterly Land Acquisition Report of the CED
Companies.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5119.
    Comments Due: 5 p.m. ET 8/21/14.

    Docket Numbers: LA14-2-000.
    Applicants: AES Alamitos, LLC, AES Armenia Mountain Wind, LLC, AES
Beaver Valley, LLC, AES Energy Storage, LLC, AES ES Tait, LLC, AES
Huntington Beach, L.L.C., AES Laurel Mountain, LLC, AES Redondo Beach,
L.L.C., Mountain View Power Partners, LLC.
    Mountain View Power Partners IV, LLC, Indianapolis Power & Light
Company, The Dayton Power and Light Company, DPL Energy, LLC.
    Description: Quarterly Land Acquisition Report of the AES
Corporation.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5150.
    Comments Due: 5 p.m. ET 8/21/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 31, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-18694 Filed 8-6-14; 8:45 am]
BILLING CODE 6717-01-P