[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Notices]
[Pages 5284-5286]
[FR Doc No: 2018-02270]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82608; File No. SR-NYSEArca-2018-08]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change To Amend NYSE Arca Rule 1.1(ll) To Establish
How the Official Closing Price Would Be Determined for an Exchange-
Listed Security That Is a Derivative Securities Product if the Exchange
Does Not Conduct a Closing Auction or if a Closing Auction Trade Is
Less Than a Round Lot

January 31, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on January 19, 2018, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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

    The Exchange proposes to amend NYSE Arca Rule 1.1(ll) to establish
how the Official Closing Price would be determined for an Exchange-
listed security that is a Derivative Securities Product if the Exchange
does not conduct a Closing Auction or if a Closing Auction trade is
less than a round lot. The proposed change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend NYSE Arca Rule 1.1(ll) to establish
how the Official Closing Price would be determined for an Exchange-
listed security that is a Derivative Securities Product \4\ if the
Exchange does not conduct a Closing Auction or if a Closing Auction
trade is less than a round lot. The Exchange also proposes to modify
the structure of current Rule 1.1(ll)(1) by adding new rule text under
subparagraphs (A), (B) and (C) and renumbering current subparagraphs
(A) through (C) as subparagraphs (D) through (F).
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    \4\ With respect to equities traded on the Exchange, the term
``Derivative Securities Product'' means a security that meets the
definition of ``derivative securities product'' in Rule 19b-4(e)
under the Securities Exchange Act of 1934. See NYSE Arca Rule
1.1(k). For purposes of Rule 19b-4(e), a ``derivative securities
product'' means any type of option, warrant, hybrid securities
product or any other security, other than a single equity option or
a security futures product, whose value is based, in whole or in
part, upon the performance of, or interest, in, an underlying
instrument. 17 CFR 240.19b-4(e).
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    Current Rule 1.1(ll)(1) provides how the Exchange establishes the
``Official Closing Price'' for Auction-Eligible Securities \5\ which is
used for purposes of Rule 7-E.\6\
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    \5\ For purposes of the Closing Auction, an ``Auction-Eligible
Security'' is defined in Rule 7.35-E(a)(1) to mean all securities
for which the Exchange is the primary listing market and UTP
Securities designated by the Exchange.
    \6\ In Rule 7-E, the Exchange uses the Official Closing Price
for three purposes: (1) To determine the Auction Reference Price for
a security, as provided for in Rule 7.35-E(a)(8)(A); (2) to
determine the Trading Collar for a security if there is no
consolidated last-sale price on the same trading day, as provided
for in Rule 7.31-E(a)(1)(B)(i); and (3) for securities listed on the
Exchange only, for purposes of determining whether to trigger a
Short Sale Price Test, as defined under Rule 7.16-E(f)(2).
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    Rule 1.1(ll)(1) provides that the Official Closing Price for
Auction-Eligible Securities is the price established in a Closing
Auction of one round lot or more on a trading day. If there is no
Closing Auction or if a Closing Auction trade is less than a round lot
on a trading day, the Official Closing Price is the most recent

consolidated last-sale eligible trade during Core Trading Hours \7\ on
that trading day. Rule 1.1(ll)(1)(A)-(C) further provides that if there
were no consolidated last-sale eligible trades during Core Trading
Hours on that trading day, the Official Closing Price will be the prior
trading day's Official Closing Price.\8\ For a security that has
transferred its listing to NYSE Arca and does not have any consolidated
last-sale eligible trades on its first trading day, the Official
Closing Price will be the prior day's closing price disseminated by the
primary listing market that previously listed such security.\9\ For a
security that is a new listing and does not have any consolidated last-
sale eligible trades on its first trading day, the Official Closing
Price will be based on a derived last-sale associated with the price of
such security before it begins trading on the Exchange.\10\
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    \7\ The term ``Core Trading Hours'' is defined in Rule 1.1(j) to
mean the hours of 9:30 a.m. Eastern Time through 4:00 p.m. Eastern
Time or such other hours as may be determined by the Exchange from
time to time.
    \8\ See NYSE Arca Rule 1.1(ll)(1)(A).
    \9\ See NYSE Arca Rule 1.1(ll)(1)(B).
    \10\ See NYSE Arca Rule 1.1(ll)(1)(C).
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    The Exchange proposes to amend how the Official Closing Price for
an Exchange-listed security that is a Derivative Securities Product
would be determined if the Exchange does not conduct a Closing Auction
or if a Closing Auction trade is less than a round lot. The proposed
rule change is intended to allow the Exchange to provide what would be
a more indicative value of such securities. Specifically, if a security
is thinly traded or generally illiquid, the Official Closing Price for
such security will be based on a last-sale trade that may be hours,
days, or even months old and therefore not necessarily indicative of
the true and current value of the security.
    In the case of a stale last-sale price, the Exchange believes that
a value based on the midpoint of the NBBO leading into the close may be
more indicative of the true and current value of the security. To take
into consideration potentially aberrant quotes, the Exchange proposes
to use a time-weighted average price (``TWAP'') of the midpoint of the
NBBO \11\ over the last five minutes of trading before the end of Core
Trading Hours. To further take into consideration the value of trades
that may occur during the last five minutes of trading, the Exchange
proposes that the Official Closing Price would be comprised of both the
TWAP value and any last-sale eligible trades during that period. Last-
sale eligible trades that occur closer to the close of trading would be
assigned more weight in the determination of the Official Closing
Price.
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    \11\ The term ``NBBO'' is defined in Rule 1.1(dd) to mean the
national best bid or offer.
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    To effect this change, the Exchange proposes to move the first
sentence of current Rule 1.1(ll)(1) to new subparagraph (A) to Rule
1.1(ll)(1) without any changes.
    Proposed new subparagraph (B) to Rule 1.1(ll)(1) would provide that
if the Official Closing Price for an Exchange-listed security that is a
Derivative Securities Product cannot be determined under proposed new
Rule 1.1(ll)(1)(A), the Official Closing Price for such security would
be derived by adding a percentage of the TWAP of the NBBO midpoint
measured over the last 5 minutes before the end of Core Trading Hours
and a percentage of the last consolidated last-sale eligible trade
before the end of Core Trading Hours on that trading day and that the
percentages assigned to each would depend on when the last consolidated
last-sale eligible trade occurred.
    As proposed, if the last consolidated last-sale eligible trade
occurred:
    (i) Prior to 5 minutes before the end of Core Trading Hours, the
TWAP would be given 100% weighting;
    (ii) between 5 minutes and 4 minutes before the end of Core Trading
Hours, the TWAP will be given 40% weighting and the consolidated last-
sale eligible trade would be given 60% weighting;
    (iii) between 4 minutes and 3 minutes before the end of Core
Trading Hours, the TWAP will be given 30% weighting and the
consolidated last-sale eligible trade would be given 70% weighting;
    (iv) between 3 minutes and 2 minutes before the end of Core Trading
Hours, the TWAP will be given 20% weighting and the consolidated last-
sale eligible trade would be given 80% weighting;
    (v) between 2 minutes and 1 minute before the end of Core Trading
Hours, the TWAP will be given 10% weighting and the consolidated last-
sale eligible trade would be given 90% weighting;
    (vi) during the last 1 minute before the end of Core Trading Hours,
the TWAP will be given 0% weighting and the consolidated last-sale
eligible trade would be given 100% weighting.
    Proposed new subparagraph (C) to Rule 1.1(ll)(1) further provides
that if the Official Closing Price cannot be determined under proposed
new subparagraphs (A) or (B) to Rule 1.1(ll)(1), the most recent
consolidated last-sale eligible trade during Core Trading Hours on that
trading day would be the Official Closing Price. This proposed rule
text is based on the current second sentence of Rule 1.1(ll)(1), but
revised to specify that the Exchange would use the most recent
consolidated last-sale eligible trade if it cannot determine an
Official Closing Price under either subparagraphs (A) or (B) of Rule
1.1(ll)(1).
    The Exchange is not proposing any substantive changes to current
Rule 1.1(ll)(1)(A)-(C) other than to renumber current subparagraphs (A)
through (C) as (D) through (F), or to any aspect of current Rule
1.1(ll)(2)-(5).
    Because of the technology changes associated with this proposed
rule change, the Exchange will implement the proposed rule change for
determining an Official Closing Price no later than 120 days after the
operative date of this proposed rule change and will announce the
implementation date via Trader Update.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\12\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\13\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would provide for a method of
determining the Official Closing Price in an Exchange-listed security
that is a Derivative Securities Product if there is no Closing Auction
or if a Closing Auction trade is less than a round lot on a trading
day. More specifically, the Exchange believes the proposed methodology
for determining the Official Closing Price would remove impediments to
and perfect the mechanism of a free and open market and a national
market system because it would provide for a more up-to-date indication
of the value of such a security if there have not been any last-sale
eligible trades leading in to the close of trading. The Exchange
believes the proposed Official Closing Price calculation would also
provide a closing price that more accurately reflects the

most recent and reliable market information possible.
    The Exchange further believes that the proposed TWAP calculation
would remove impediments to and perfect the mechanism of a free and
open market and a national market system because it would provide for a
more robust mechanism to determine the value of an affected security
for purposes of determining an Official Closing Price. By using a time-
weighted calculation based on the midpoint of the NBBO over the last
five minutes of trading and then assigning a weight to that TWAP
calculation as compared to any last-sale eligible trades leading into
the close, the Exchange believes that the proposed calculation would
result in the price of a security that is reflective of the true and
current value of such security on that trading day. Additionally, by
adding a TWAP calculation rather than just the last consolidated last-
sale eligible price as of the end of regular trading hours, the
Exchange would reduce the potential for an anomalous trade that may not
reflect the true and current price of a security from being set as the
Exchange's Official Closing Price for that security.
    Finally, the Exchange believes that the proposed methodology for
determining an Official Closing Price would be appropriate for
Derivative Securities Products because if such securities are thinly
traded, a last-sale price from earlier in a trading day or even from a
prior trading day or days may no longer be reflective of the value of
such product, which should be priced relative to the value of the
components of such security. In such case, recent quoting may be more
reflective of the value of the security. However, to take into
consideration a stale quote or an aberrant trade that may occur leading
into the close, the Exchange believes a time-weighted average price
derived from the midpoint of the NBBO would provide a greater
indication of the value of such securities.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues, but rather to provide
for how the Exchange would determine an Official Closing Price for
Exchange-listed securities that are Derivative Securities Products if
there is no Closing Auction or if a Closing Auction trade is less than
a round lot on a trading day.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
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 or disapprove 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 email to [email protected]. Please
include File Number SR-NYSEArca-2018-08 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2018-08. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2018-08 and should be submitted
on or before February 27, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-02270 Filed 2-5-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: May 2, 2007 (Volume 72, Number 84)]
[Notices]
[Page 24350-24352]
[DOCID:fr02my07-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55670; File No. SR-NYSE-2007-41)

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Eliminate the Securities Manager Examination (``Series 12'')

April 25, 2007.
    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 April 19, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. The Exchange has designated the proposed rule change as
constituting a stated policy, practice, or interpretation with respect
to the meaning, administration, or enforcement of an existing rule
pursuant to Section 19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing this proposal to eliminate the Securities
Manager qualification examination (``Series 12'').

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the

proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant aspects of such statements.

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

1. Purpose
    The purpose of this filing is to rescind the Series 12 examination.
The Series 12 is owned and maintained by the NYSE and administered
through the National Association of Securities Dealers, Inc.
    Background. NYSE Rule 342 (``Offices--Approval, Supervision and
Control'') requires that member organizations be appropriately
supervised. NYSE Rule 342.13 prescribes specific qualification
standards for supervisors.\5\ It requires that a Branch Office Manager
(``BOM'') pass the General Securities Sales Supervisor examination
(``Series 9/10'') or another examination acceptable to the Exchange.
The Exchange currently accepts two alternatives to the Series 9/10
examination: The Series 12 examination and the General Securities
Principal (``Series 24'') examination.\6\
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    \5\ See also NYSE Rule 345 (``Employees--Registration, Approval,
Records''), which requires supervisors of registered representatives
to be registered. In addition, NYSE Rule 345.15 requires candidates
for registration to meet training requirements and pass a
qualification examination.
    \6\ The Series 24 examination is only recognized by the Exchange
if taken and passed on or after July 2, 2001. Further, unlike the
Series 9/10 examination, which qualifies a person to supervise
options and municipal business as well as equities business, the
Series 24 examination only qualifies a person to supervise equities
business. A BOM may qualify to supervise options and municipal
securities business by passing the Registered Options Principal
examination (``Series 4'') and the Municipal Securities Principal
examination (``Series 53''), respectively. See also NYSE Information
Memo 02-51 (November 12, 2002).
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    Since the Series 12 examination qualifies a candidate as a
Securities Manager, it has generally been utilized by individuals
employed by a broker/dealer whose business is limited solely to equity
and non-municipal fixed income securities.
    Proposed Amendment. The Exchange is seeking to rescind the Series
12 examination \7\ primarily because its content is now covered by the
Series 10 examination, which is the general securities portion of the
Series \9/10\ examination. The Series 12 consists of 100 multiple-
choice questions covering the following four general areas of
knowledge, which are also addressed in the Series 10: Sales
Supervision; Account Supervision; Compliance, Recordkeeping and
Financial Responsibility; and Regulations Affecting the Operation of
Securities Markets. The primary difference between the Series 12 and
the Series 10 is that the Series 12 does not cover municipal
securities. Thus, candidates seeking a BOM and/or Securities Manager
designation may qualify via the Series 10 examination (or the Series 24
examination) in lieu of the Series 12.
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    \7\ When originally introduced in 1964, the Series 12 was the
standard BOM examination. The BOM examination was administered in
this form until April 1984 when it was changed to the General
Securities Sales Supervisor examination (``Series 8''), which was
created from the Series 12, Series 24, Series 4 and Series 53
examinations. The two-part Series 8 examination later split into the
Series \9/10\ with the Web CRD conversion in August 1999. See also
NYSE Information Memo 81-57 (December 1, 1981), which announced the
approval of the Series 8 examination.
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    Further, few candidates take the Series 12, and the number of
candidates taking the exam annually has declined steadily over the past
several years. For example, in 2000, 70 candidates took the Series 12.
By 2003, only 20 candidates took the Series 12, and only 15 candidates
took the exam in 2006. Maintenance of an examination program is a
labor-intensive process because an exam must be reviewed and updated
regardless of the number of candidates taking the exam. Rescission of
the Series 12 will enable the Exchange to better allocate its resources
to updating and administering the Series 10 examination.
    In order to notify candidates who are currently registering or
preparing for the Series 12 examination, the Exchange published an
Information Memo announcing the Exchange's intention to file this
proposed rescission with the Commission.\8\ In brief, it informed
candidates who requested to take the Series 12 prior to April 23, 2007
that they will be registered to do so.\9\ If, however, a candidate
requests registration for the Series 12 on or after that date, the
candidate will automatically be registered to take the Series 10
examination.
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    \8\ See NYSE Information Memo 07-32 (April 11, 2007).
    \9\ Individuals wishing to take the Series 12 examination were
instructed to make the appropriate request through the Central
Registration Depository on or before Friday, April 20, 2007.
Individuals who made an appropriate request by April 20, 2007 have
120 days to take the Series 12 examination. NYSE will also continue
to grant Securities Manager qualification to individuals who have
passed the Series 24 on or after July 2, 2001, except for those
individuals who supervise options or municipal securities sales
activity. See NYSE Information Memo 02-51 (November 12, 2002).
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2. Statutory Basis
    The Exchange believes that the proposed rescission is consistent
with the requirements of Section 6(c)(3)(B) \10\ of the Act. The
Exchange believes, pursuant to that section, it has a responsibility to
prescribe standards of training, experience, and competence for persons
associated with Exchange member organizations. The Exchange notes that
proposed rescission of the Series 12 will not result in any diminution
of Exchange competency standards because the content of the Series 12
is covered by the Series 10 examination, and the Exchange prospectively
will require all candidates who would have otherwise taken the Series
12 to take the Series 10.
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    \10\ 15 U.S.C. 78f(c)(3)(B).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    The proposed rule change is effective upon filing pursuant to
Section 19(b)(3)(A)(i) \11\ of the Act and paragraph (f)(1) of Rule
19b-4 thereunder,\12\ in that it constitutes a stated policy, practice,
or interpretation with respect to the meaning, administration, or
enforcement of an existing rule of the Exchange. At any time within 60
days of the filing of such proposed rule change, the Commission may
summarily abrogate such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(i).
    \12\ 17 CFR 240.19b-4(f)(1).
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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-NYSE-2007-41 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2007-41. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NYSE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2007-41 and should be submitted on or before May
23, 2007.

    For the Commission, by the Division of Market Regulation,
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. E7-8311 Filed 5-1-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61422-61423]
[FR Doc No: 2022-21954]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-156, OMB Control No. 3235-0288]

Submission for OMB Review; Comment Request; Extension: Form 20-F

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously

approved collection of information discussed below.
    Form 20-F (17 CFR 249.220f) is used to register securities of
foreign private issuers pursuant to Section 12 of the Securities
Exchange Act of 1934 (``Exchange Act'') (15 U.S.C. 78l) or as annual
and transitional reports pursuant to Sections 13 and 15(d) of the
Exchange Act (15 U.S.C. 78m(a) and 78o(d)). The information required in
the Form 20-F is used by investors in making investment decisions with
respect to the securities of such foreign private issuers. We estimate
that Form 20-F takes approximately 2,630.17 hours per response and is
filed by approximately 729 respondents. We estimate that 25% of the
2,630.17 hours per response (657.542 hours) is prepared by the issuer
for a total reporting burden of 479,348 (657.542 hours per response x
729 responses).
    An agency may conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
by November 10, 2022 to (i) www.reginfo.gov/public/do/PRAMain and (ii)
David Bottom, Director/Chief Information Officer, Securities and
Exchange Commission, c/o John Pezzullo, 100 F Street NE, Washington, DC
20549, or by sending an email to: [email protected].

    Dated: October 4, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-21954 Filed 10-7-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 231 (Monday, December 2, 2019)]
[Notices]
[Pages 66041-66042]
[FR Doc No: 2019-25968]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87622; File No. SR-ICC-2019-010]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Partial Amendment No. 1 and Order Instituting Proceedings To
Determine Whether To Approve or Disapprove Proposed Rule Change
Proposed Rule Change, as Modified by Partial Amendment No. 1, Relating
to Amendments to the ICC Clearing Rules To Address Non-Default Losses

November 25, 2019.

I. Introduction

    On August 8, 2019, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (the
``Act''),\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend ICC's Clearing Rules (the ``Rules'') \3\ to address treatment of
losses not related to a Clearing Participant default. The proposed rule
change was published for comment in the Federal Register on August 28,
2019.\4\ The Commission received comments regarding the proposed rule
change.\5\ On October 4, 2019, the Commission designated a longer
period of time for Commission action on the proposed rule change until
November 26, 2019.\6\ On October 7, 2019, ICC filed a partial amendment
(``Partial Amendment No. 1'') to modify the proposed rule change.\7\
The Commission is publishing this notice and order to solicit comments
on Partial Amendment No. 1 from interested persons and to institute
proceedings pursuant to Section 19(b)(2)(B) of the Act \8\ to determine
whether to approve or disapprove the proposed rule change, as modified
by Partial Amendment No. 1 (hereinafter, ``proposed rule change'').
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Capitalized terms used but not defined herein have the
meanings specified in the Rules.
    \4\ Self-Regulatory Organizations; ICE Clear Credit LLC; Notice
of Filing of Proposed Rule Change, Security-Based Swap Submission,
or Advance Notice Relating to the ICC Clearing Rules; Exchange Act
Release No. 86729 (Aug. 22, 2019); 84 FR 45191 (Aug. 28, 2019)
(``Notice'').
    \5\ Comments are available at https://www.sec.gov/comments/sr-icc-2019-010/sricc2019010.htm.
    \6\ Self-Regulatory Organizations; ICE Clear Credit LLC; Notice
of Designation of Longer Period for Commission Action on Proposed
Rule Change Relating to Amendments to the ICC Clearing Rules To
Address Non-Default Losses; Exchange Act Release No. 87225 (Oct. 4,
2019); 84 FR 54712 (Oct. 10, 2019).
    \7\ In Partial Amendment No. 1 to the proposed rule change, ICC
provided additional details and analyses surrounding the proposed
rule change in the form of a confidential Exhibit 3.
    \8\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    As described more fully in the Notice, the proposed rule change
would define three exclusive categories of losses not related to a
Clearing Participant default: (i) Investment Losses, (ii) Custodial
Losses, and (iii) Non-Default Losses. With respect to the treatment of
such losses, the proposed rule change would: (i) Define the resources
of ICC that ICC would apply to cover each such category of losses; (ii)
assign responsibility to Clearing Participants, in certain
circumstances, to make contributions with respect to Investment Losses
and Custodial Losses; and (iii) address the treatment of recoveries by
ICC with respect to such losses. The proposed rule change would also
make additional changes related to such losses, including addressing
the effect the proposed rule change would have on other ICC rules.

III. Proceedings To Determine Whether To Approve or Disapprove the
Proposed Rule Change and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act to determine whether the proposed rule change
should be approved or disapproved.\9\ Institution of proceedings is
appropriate at this time in view of the legal and policy issues raised
by the proposed rule change. Institution of proceedings does not
indicate that the Commission has reached any conclusions with respect
to any of the issues involved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\10\ the Commission is
providing notice of the potential grounds for approval or disapproval
under consideration. The Commission is instituting proceedings to allow
for additional analysis and input concerning the proposed rule change's
consistency with the Act and the rules thereunder, including the
following:
---------------------------------------------------------------------------

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

     Section 17A(b)(3)(D) of the Act, which requires that that
the rules of ICC provide for the equitable allocation of reasonable
dues, fees, and other charges among its participants; \11\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78q-1(b)(3)(D).
---------------------------------------------------------------------------

     Section 17A(b)(3)(F) of the Act, which requires, among
other things, that the rules of ICC be designed to promote the prompt
and accurate clearance and settlement of securities transactions

and, to the extent applicable, derivative agreements, contracts, and
transactions, to assure the safeguarding of securities and funds which
are in the custody or control of ICC or for which it is responsible,
and, in general, to protect investors and the public interest; \12\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

     Rule 17Ad-22(d)(3), which requires that ICC establish,
implement, maintain and enforce written policies and procedures
reasonably designed to hold assets in a way that minimizes risk of loss
or of delay in its access to them; \13\ and
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 17Ad-22(d)(3).
---------------------------------------------------------------------------

     Rule 17Ad-22(d)(8), which requires that ICC establish,
implement, maintain and enforce written policies and procedures
reasonably designed to have governance arrangements that are clear and
transparent to fulfill the public interest requirements in Section 17A
of the Act applicable to clearing agencies, to support the objectives
of owners and participants, and to promote the effectiveness of ICC's
risk management procedures.\14\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 17Ad-22(d)(8).
---------------------------------------------------------------------------

IV. Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments regarding the proposed
rule change and Partial Amendment No. 1 with respect to the issues
identified above, as well as any other concerns they may have with the
proposed rule change and Partial Amendment No. 1. In particular, the
Commission invites the written views of interested persons concerning
whether the proposed rule change is consistent with Section
17A(b)(3)(D) and (F) of the Act \15\ and Rules 17Ad-22(d)(3) and 17Ad-
22(d)(8) under the Act,\16\ or any other provision of the Act or rules
and regulations thereunder.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78q-1(b)(3)(D) and (F).
    \16\ 17 CFR 240.17Ad-22(d)(3) and (d)(8).
---------------------------------------------------------------------------

    Although there do not appear to be any issues relevant to approval
or disapproval that would be facilitated by an oral presentation of
views, data, and arguments, the Commission will consider, pursuant to
Rule 19b-4, any request for an opportunity to make an oral
presentation.\17\
---------------------------------------------------------------------------

    \17\ Section 19(b)(2) of the Act, as amended by the Securities
Acts Amendments of 1975, Public Law 94-29, 89 Stat. 97 (1975),
grants the Commission flexibility to determine what type of
proceeding--either oral or notice and opportunity for written
comments--is appropriate for consideration of a particular proposal
by a self-regulatory organization. See Securities Acts Amendments of
1975, Report of the Senate Committee on Banking, Housing and Urban
Affairs to Accompany S. 249, S. Rep. No. 75, 94th Cong., 1st Sess.
30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding Partial Amendment No. 1 and whether the proposed
rule change should be approved or disapproved on or before December 17,
2019. Any person who wishes to file a rebuttal to any other person's
submission must file that rebuttal on or before December 23, 2019.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number ICC-2019-010 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICC-2019-010. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of ICE Clear Credit and on ICE
Clear Credit's website at https://www.theice.com/clear-credit/regulation. All comments received will be posted without change.
Persons submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICC-2019-010 and should be
submitted on or before December 17, 2019. If comments are received, any
rebuttal comments should be submitted on or before December 23, 2019.

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

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

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-25968 Filed 11-29-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Notices]
[Pages 76684-76685]
[FR Doc No: 2015-31123]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Technical Conference

------------------------------------------------------------------------
                                                 Docket Nos.
------------------------------------------------------------------------
PJM Interconnection, L.L.C.........  ER15-2562-000.
                                     ER15-2563-000.
Consolidated Edison Company of New   EL15-18-001.
 York, Inc. v. PJM Interconnection,
 L.L.C.
Linden VFT, LLC v. PJM               EL15-67-000.
 Interconnection, L.L.C.
Delaware Public Service Commission   EL15-95-000.
 and Maryland Public Service
 Commission v. PJM Interconnection,
 L.L.C.
PJM Interconnection, L.L.C.........  ER14-972-003.
PJM Interconnection, L.L.C.........  ER14-1485-005.
                                     Not Consolidated.
------------------------------------------------------------------------

    By order dated November 24, 2015,\1\ the Commission directed
Commission staff to conduct a technical conference in the above-
referenced proceedings. The technical conference is scheduled for
January 12, 2016, at the Commission's headquarters at 888 First Street
NE., Washington, DC 20426 between 10:00 a.m. and 4:00 p.m. (Eastern
Time).
---------------------------------------------------------------------------

    \1\ PJM Interconnection, L.L.C., et al., 153 FERC ] 61,245
(2015) (November 2015 Order).
---------------------------------------------------------------------------

    In the November 2015 Order, the Commission found that the
assignment of cost allocation for the projects in the filings and
complaints listed in the caption using PJM's solution-based
distribution factor (DFAX) cost allocation method had not been shown to
be just and reasonable and may be unjust, unreasonable, or unduly
discriminatory or preferential. The Commission directed its staff to
establish a technical conference to explore both whether there is a
definable category of reliability projects within PJM for which the
solution-based DFAX cost allocation method may not be just and
reasonable, such as projects addressing reliability violations that are
not related to flow on the planned transmission facility, and whether
an alternative just and reasonable ex ante cost allocation method could
be established for any such category of projects.
    Parties wishing to speak or make presentations regarding the two
issues discussed above must submit their requests on or before December
18, 2015 to https://www.ferc.gov/whats-new/registration/01-12-16-speaker-form.asp. Parties with similar interests are encouraged to
agree on a single representative for their interests. Speakers and
presentations will be selected so that relevant interests are
represented and to accommodate time constraints. An agenda with the
list of selected speakers and presentations will be available prior to
the event on the web calendar on the Commission's Web site,
www.ferc.gov.
    Pre-technical conference comments (with a ten page limit) on these
issues

should be filed in all the dockets listed above no later than January
6, 2016. A schedule for post-technical conference comments will be
established at the technical conference.
    The technical conference is open to the public. The Chairman and
Commissioners may attend and participate in the technical conference.
    Pre-registration through the Commission's Web site https://www.ferc.gov/whats-new/registration/01-12-16-form.asp is encouraged by
December 18, 2015, to help ensure sufficient seating is available.
    This conference will also be transcribed. Interested persons may
obtain a copy of the transcript for a fee by contacting Ace-Federal
Reporters, Inc. at<PHONE_NUMBER>.
    In addition, there will be a free audio cast of the conference.
Anyone wishing to listen to the meeting should send an email to Sarah
McKinley at<EMAIL_ADDRESS>by January 5, 2016, to request
call-in information. Please reference ``call information for PJM cost
allocation technical conference'' in the subject line of the email. The
call-in information will be provided prior to the meeting.
    Persons listening to the technical conference may participate by
submitting questions, either prior to or during the technical
conference, by emailing<EMAIL_ADDRESS>    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an email to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY); or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For more information about this technical conference, please
contact<EMAIL_ADDRESS>or Sarah McKinley,<PHONE_NUMBER>,
<EMAIL_ADDRESS>regarding logistical issues.

    Dated: December 4, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-31123 Filed 12-9-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Proposed Rules]
[Pages 16131-16133]
[FR Doc No: 2022-05847]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2021-0950, FRL-9395-01-R10]

Air Plan Approval; ID, Incorporation by Reference Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
an update to the Idaho State Implementation Plan (SIP) submitted on
October 12, 2021. The submission updates the incorporation by reference
of the national ambient air quality standards (NAAQS) and other Federal
provisions into the Idaho SIP as of July 1, 2020. Idaho undertakes
regular updates to ensure State air rules and the SIP remain consistent
with Federal air program requirements.

DATES: Comments must be received on or before April 21, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2021-0950, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be

edited or removed from https://www.regulations.gov. The EPA may publish
any comment received to its public docket. Do not electronically submit
any information you consider to be Confidential Business Information
(CBI) or other information the disclosure of which is restricted by
statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200
Sixth Avenue, Suite 155, Seattle, WA 98101, at<PHONE_NUMBER> or
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the use of ``we''
and ``us'' is intended to refer to the EPA.

Table of Contents

I. Background
II. Evaluation
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    Section 110 of the Clean Air Act specifies the general requirements
for states to submit SIPs to attain and maintain the NAAQS and the
EPA's actions on such submissions. To efficiently adopt and implement
the NAAQS and related requirements, Idaho incorporates certain Federal
regulations by reference into the Idaho air rules (IDAPA 58.01.01) at
IDAPA <IP_ADDRESS>.03 Incorporation by Reference. Idaho then submits
some of those provisions to the EPA for approval and codification into
the Code of Federal Regulations (CFR) at 40 CFR part 52, subpart N
(Idaho SIP). When Federal regulations are revised, Idaho updates the
date by which the regulations are incorporated by reference and submits
the updates to the EPA for approval.

II. Evaluation

    The current Idaho SIP incorporates the following regulations by
reference, as of July 1, 2019, at IDAPA <IP_ADDRESS>.03, paragraphs a
through e:
     National Primary and Secondary Ambient Air Quality
Standards, 40 CFR part 50;
     Requirements for Preparation, Adoption, and Submittal of
Implementation Plans, 40 CFR part 51, with the exception of certain
visibility-related provisions;
     Approval and Promulgation of Implementation Plans, 40 CFR
part 52, subparts A and N, and appendices D and E;
     Ambient Air Monitoring Reference and Equivalent Methods,
40 CFR part 53; and
     Ambient Air Quality Surveillance, 40 CFR part 58.
    On October 12, 2021, Idaho submitted updates to the SIP to
incorporate these regulations by reference as of July 1, 2020. Between
July 1, 2019 and July 1, 2020, most of these incorporated Federal
regulations did not change. However, the EPA did revise 40 CFR part 52
subpart N to approve three Idaho SIP revisions. See 84 FR 45918,
September 3, 2019; 84 FR 67189, December 9, 2019; and 85 FR 9664,
February 20, 2020. In addition, the EPA revised 40 CFR part 58 to delay
the implement of revised photochemical assessment monitoring systems.
See 85 FR 834, January 8, 2020.
    After reviewing the submitted updates, we have made the preliminary
determination that the updates are consistent with Clean Air Act
requirements.

III. Proposed Action

    The EPA proposes to approve and incorporate by reference the
updates to the Idaho SIP submitted on October 12, 2021. Upon final
approval, the Idaho SIP will include IDAPA <IP_ADDRESS>.03, paragraphs
a through e, State effective June 17, 2021, which, as discussed in
section II of this preamble, incorporate by reference the specified
Federal regulations as of July 1, 2020.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the provisions described in section III of this preamble. The
EPA has made, and will continue to make, these documents generally
available through https://www.regulations.gov and at the EPA Region 10
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves State law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by State law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of the requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rulemaking would not apply on any Indian
reservation land or in any other area in

Idaho where the EPA or an Indian tribe has demonstrated that a tribe
has jurisdiction. In those areas of Indian country, the proposed rule
would not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 15, 2022.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2022-05847 Filed 3-21-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 13, 2010 (Volume 75, Number 197)]
[Notices]
[Page 62902-62904]
[DOCID:fr13oc10-114]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63052; File No. SR-BX-2010-067]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend BX
Rule 4751 To Include Order Collar Functionality

October 6, 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 October 1, 2010, NASDAQ OMX BX, Inc. (the ``Exchange'' or ``BX'')
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 Exchange has designated the
proposed rule change as constituting a non-controversial rule change
under Rule 19b-4(f)(6) under the Act,\3\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The exchange proposes to amend BX Rule 4751 to include Order Collar
functionality that cancels any portion of any Unpriced orders (also
known as market orders) submitted to the Exchange that would execute at
a price that is more than $0.25 or 5 percent worse than the national
best bid and offer at the time the order initially reaches the
Exchange, whichever is greater. The text of the proposed rule change is
available at http://nasdaqomxbx.cchwallstreet.com, at BX's principal
office, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The

Exchange has prepared summaries, set forth in Sections A, B, and C
below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to protect market
participants by reducing the risk that unpriced orders, also known as
market orders, will execute at prices that are significantly worse than
the national best bid and offer (``NBBO'') at the time the Exchange
receives the order. BX believes that most market participants expect
that their order will be executed at its full size at a price
reasonably related to the prevailing market. However, participants may
not be aware that there is insufficient liquidity at or near the NBBO
to fill the entire order, particularly for more thinly-traded
securities. These Unpriced orders can be disruptive both to the BX and
to other markets that are impacted by BX's participation in the
national market system.
    BX is proposing to implement order collar functionality that
cancels any portion of any unpriced orders that would execute on BX at
a price that is the greater of $0.25 or 5 percent worse than the NBBO
at the time BX receives the order. Unpriced orders that would be
subject to this calculation and potential cancellation are defined in
new BX Rule 4751(f)(10).
    The following example illustrates the Order Collar functionality. A
market participant submits an Unpriced order to buy 500 shares. The
NBBO is $6.00 bid by $6.05 offer, with 100 shares available on each
side. Both sides of the NBBO are set by BX and BX has 100 shares
available at the $6.05 to sell at the offer price and also has reserve
orders to sell 100 shares at $6.32 and 400 shares at $6.40. No other
market center is publishing offers to sell the security in between
$6.05 and $6.40.
    In this example, the Unpriced Order would be executed in the
following manner:
     100 shares would be executed by BX at the $6.05;
     100 shares executed by BX at $6.32 (more than $0.25 but
less than 5 percent worse than the NBBO); and
     300 shares, representing the remainder of the Unpriced
Order, would be cancelled because the remaining liquidity available at
$6.40 is more than 5 percent worse than the NBBO.
    BX believes that market participants who wish to trade at prices
further away from the NBBO than the Unpriced Order thresholds would
permit, may still accomplish their strategy by submitting a marketable
limit order to BX. In the example above, a market participant with such
a strategy could have input a limit order with a price of $7.00, which
would have executed up to its full size provided liquidity is
available. BX's proposal is similar to a rule change already
implemented by NASDAQ, BATS Exchange, Inc. and NYSE Arca, Inc.\4\
---------------------------------------------------------------------------

    \4\ See NASDAQ Rule 4751(f)(13); BATS Rule 11.9; NYSE Arca
Equities Rule 7.31(a).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act in general,\5\ and furthers the objectives of Section
6(b)(5) of the Act in particular,\6\ in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest,
by avoiding execution of unpriced orders on the Exchange at prices that
are significantly worse than the NBBO at the time the order is
initially received by the Exchange. The Exchange believes that the NBBO
provides reasonable guidance of the current value of a given security
and therefore that market participants should have confidence that
their unpriced orders will not be executed at a significantly worse
price than the NBBO.
---------------------------------------------------------------------------

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

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

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

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (1)
Significantly affect the protection of investors or the public
interest; (2) impose any significant burden on competition; and (3)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, BX has given the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date on which the
Exchange filed the proposed rule change.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\9\
However, Rule 19b-4(f)(6)\10\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay so that the proposal may
become operative upon filing. The Commission notes (i) the proposal is
similar to existing thresholds on market orders adopted by The NASDAQ
Stock Market LLC, BATS Exchange, Inc., and NYSE Arca, Inc; (ii) it
presents no novel issues; and (iii) the functionality is voluntary, and
it may provide a benefit to market participants. For these reasons, the
Commission believes it is consistent with the protection of investors
and the public interest to waive the 30-day operative delay, and hereby
grants such waiver.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6)(iii).
    \10\ Id.
    \11\ For the purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

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

Number SR-BX-2010-067 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-BX-2010-067. 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,\12\ all subsequent
amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-BX-2010-067 and should be submitted on or before
November 3, 2010.
---------------------------------------------------------------------------

    \12\ The text of the proposed rule change is available on
Exchange's Web site at http://nasdaqomxbx.cchwallstreet.com, on the
Commission's Web site at http://www.sec.gov, at BX, and at the
Commission's Public Reference Room.

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

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-25742 Filed 10-12-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Notices]
[Pages 30841-30842]
[FR Doc No: 2014-12367]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 848-034]

Wells Rural Electric Company; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 848-034.
    c. Date Filed: February 6, 2014.
    d. Submitted By: Wells Rural Electric Company.
    e. Name of Project: Trout Creek Hydroelectric Project.
    f. Location: On Trout Creek, near the Town of Wells in Elko County,
Nevada. The project occupies 0.5 acres of United States lands
administered by the Humbolt-Toiyabe National Forest.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Lonnie Abbott, Wells Rural Electric
Company, P.O. Box 365, Wells, Nevada 89835;<PHONE_NUMBER> extension
1516<EMAIL_ADDRESS>    i. FERC Contact: Joseph Hassell at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Wells Rural Electric Company filed its request to use the
Traditional Licensing Process on February 6, 2014. Wells Rural Electric
Company provided public notice of its request on February 24, 2014. In
a letter dated May 21, 2014 the Director of the Division of Hydropower
Licensing approved Wells Rural Electric Company's request to use the
Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, Part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the Nevada State Historic Preservation Officer, as
required by section 106, National Historical Preservation Act, and the
implementing regulations of the

Advisory Council on Historic Preservation at 36 CFR 800.2.
    l. Wells Rural Electric Company filed a Pre-Application Document
(PAD; including a proposed process plan and schedule) with the
Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.
    m. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    n. The licensee states its unequivocal intent to submit an
application for a new license for Project No. 848-034. Pursuant to 18
CFR 16.8, 16.9, and 16.10 each application for a new license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by December 31,
2016.
    o. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: May 21, 2014.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-12367 Filed 5-28-14; 8:45 am]
BILLING CODE 6717-01-P


INTERSTATE AIR QUALITY RULE DOCKETING FORM NAME OF GROUP: Duke Energy MEETING___ X__ SPEECH_____ PHONE CALL_____

DATE: Tuesday, March 16, 2004 LOCATION OF MEETING/ SPEECH/ PHONE CALL: EPA office  1310 L Street PURPOSE OF MEETING/ SPEECH/ PHONE CALL:

The purpose of the meeting was to discuss Allocations and State Budgets in the IAQR ATTENDEES: Patrick Quinn ( The Accord Group), David Mitchell ( Duke Energy), Sam Napolitano, Sarah Dunham, Roman Kramarchuk,

COMMENTS:

ATTACHMENTS ( HANDOUTS): None


Introduction: Interested parties seeking Water Infrastructure Finance and Innovation Act (WIFIA) credit assistance must complete and submit a letter of interest to the U.S. Environmental Protection Agency (EPA). EPA evaluates letters of interest against selection criteria and for creditworthiness. Selected interested parties are invited to submit applications.

Purpose: Interested parties complete the letter of interest materials to provide EPA with the necessary information to validate the eligibility (as defined in the WIFIA Program Guide), assess the initial creditworthiness, and rank each proposed project. Based on the information provided in submitted letters of interest, EPA will select projects eligible for credit assistance.

Format: To be considered for WIFIA credit assistance, interested parties must follow the instructions provided to submit a letter of interest that: 1) describes the interested party and the construction and operational plans for the proposed project(s), 2) outlines the proposed financial plan, 3) provides a status of the reports and studies required for the project(s), and 4) describes how the project meets the selection criteria of the WIFIA credit program.

Please reference the latest Notice of Funding Availability (NOFA) posted in Federal Register for additional instructions. Interested parties should refer to the WIFIA website often to ensure that they are aware of the latest policies and regulations for the program, as described in the program guide. The total narrative for this letter of interest should not exceed 25 pages, excluding any attachments.

Selection: EPA may request additional information to supplement the letter of interest and complete its eligibility determination, selection criteria analysis, and/or creditworthiness analysis. This information may include more detailed descriptions of the proposed project(s), the interested party and its organizational structure, the project's readiness to proceed, the project's financial plan (including a financial model), revenue feasibility studies, and financial commitments to the project from sources other than WIFIA). EPA will notify the interested party if it determines that the proposed project is not eligible for WIFIA assistance, fails to meet the minimum selection criteria, or needs to address specific eligibility requirements, selection criteria, or financial elements in order to be evaluated by EPA. Interested parties invited to submit applications will be asked to submit additional documentation and be required to pay an application fee.

Submission: Please complete this form and attach a document with the requested narrative information, maintaining the order and numbering of the section. Submit these documents as attachments via email to [e-mail]. If you have questions on completing this letter of interest, please contact the WIFIA program office at (XXX) XXX-XXXX.
Information Requests: If an applicant desires that any information submitted in its application or any supplement thereto not be released by EPA upon request from a member of the public or otherwise made publicly available, the applicant must identify the confidential business information and provide reasons  why such information is confidential business information and should not be released, including particulars as to any competitive harm which would potentially result from the release of such information. EPA will keep such information confidential to the extent permitted by law.
Warning: Falsification or misrepresentation of information or failure to file or report information required to be reported may be the basis for denial of financial assistance by EPA. Knowing and willful falsification of information required to be submitted and false statements to a Federal Agency may also subject you to criminal prosecution.  See, for example, 18 U.S.C. §1001.

Key Definitions

 Administrator means the Administrator of EPA.

 Eligible project costs mean amounts, substantially all of which are paid by, or for the account of, an obligor in connection with a project, including the cost of:
 Development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities;
 Construction, reconstruction, rehabilitation, and replacement activities;
 The acquisition of real property or an interest in real property (including water rights, land relating to the project, and improvements to land), environmental mitigation (including acquisitions pursuant to section 5026(7)), construction contingencies, and acquisition of equipment; and
 Capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction.

 Federal credit instrument means a secured loan or loan guarantee authorized to be made available under this subchapter with respect to a project.

 Interested party, for the purposes of this part, means an entity wishing to apply for WIFIA credit assistance.

 Investment-grade rating means a rating category of BBB minus, Baa3, or higher assigned by a rating agency to project obligations offered into the capital markets.

 Obligor means an eligible entity that is primarily liable for payment of the principal of, or interest on, a Federal credit instrument.

 Project means:
 1 or more activities that are eligible for assistance under section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)), notwithstanding the public ownership requirement under paragraph (1) of that subsection.
 1 or more activities described in section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j - 12(a)(2)).
 A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works.
 A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation).
 A brackish or sea water desalination project, a managed aquifer recharge project, or a water recycling project.
 Acquisition of real property or an interest in real property --
 If the acquisition is integral to a project described in paragraphs (1) through (5); or
 Pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section.
 A combination of projects, each of which is eligible under paragraph (1) or (2), for which a State infrastructure financing authority submits to the Administrator a single application.
 A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), or (6), for which an eligible entity, or a combination of eligible entities, submits a single application.

 Public entity means:
 a Federal, State, or local Governmental entity, agency, or instrumentality; or
 a Tribal Government or consortium of Tribal Governments.

 Publicly sponsored means the obligor can demonstrate, to the satisfaction of the Administrator that the interested party has consulted with the affected State, local or Tribal Government in which the project is located, or is otherwise affected by the project, and that such government supports the proposed project.

 Rating agency means a bond rating agency identified by the Securities and Exchange Commission as a Nationally Recognized Statistical Rating Organization.

 Small Community means a community of no more than 25,000 individuals.

 State means any one of the fifty states, the District of Columbia, Puerto Rico, or any other territory or possession of the United States.

 State infrastructure financing authority means the State entity established or designated by the Governor of a State to receive a capitalization grant provided by, or otherwise carry out the requirements of, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et. seq.) or section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j - 12).

 WIFIA means the Water Infrastructure Finance and Innovation Act of 2014, Pub. L. 113-121, 33 U.S.C. 3901-3914.

Letter of Interest
Provide the following information in this form or as narrative answers. Narrative answers can reference source documents (include the name of the document and relevant pages or sections). Provide any referenced documents as attachments.
Section A: Interested Party Information
 Legal name:
 Other names under which the interested party does business:
 Employer/taxpayer identification number (EIN/TIN):
 DUNS number:
 Department and division name:
 Business street address, city, state, zip:

 Mailing street address (if different from above):

 Congressional district:
 Website:
 Type of entity (check all that apply):
             Corporation
             Partnership
             Joint Venture
             Trust
             Federal, State, or Local Governmental Entity, Agency, or Instrumentality
             Tribal Government or Consortium of Tribal Governments
             State Infrastructure Finance Authority
             Combination of the Above Entities
 Describe the overall organizational structure for the project(s), including the individual members of the project team(s).
 If the interested party is not a public entity or in the case of the interested party being a state infrastructure finance authority, the sub-recipient(s) is not a public entity, is the project(s) publicly sponsored?  Please explain.
 Describe the interested party's financial condition and experience in undertaking the capital projects of a similar scope and size.
 Describe the interested party's preparedness to submit an application within 365 days after receiving an invitation to advance.
Section B: Project Plan
 Project name(s) (for purposes of identification assign a short name to the project(s)):

 Project website(s):
 Brief description of the project:

 Describe the location of the project(s), including major intersecting highway and rail routes.

 County(s) project(s) will serve:
 Population served by the project:
 Total population served by system:
 Describe the purpose (including quantitative or qualitative details on public benefits the project(s) will achieve) and design features of the project(s).
 Describe the project development schedule(s), including the proposed project start and end dates.
 Provide any analysis (i.e. preliminary engineering reports, feasibility studies, preliminary designs, siting studies, etc.) completed in support of the project(s). Provide any referenced documents as attachments.
 Present the findings of any alternatives analysis or business cases conducted. Describe the project alternatives considered and the rationale (i.e., lowest capital cost, greater ease of operation, most reliable, fewest environmental impacts, etc.) for the selected alternative; this description should include the technical, managerial, financial, environmental, operational and local decision making rationale for the selected approach. Provide any referenced documents as attachments.
 Briefly discuss any other issues that may affect the development and financing of the project(s), such as community support, pending legislation, permitting, or litigation.
 If available, provide a copy of the system master plan or like document.
 Present the environmental review process and status of such for the project(s).
 Describe the status of any additional permits and approvals that the project(s) may require.
 If applicable, detail how the project(s) serves a small community (a community of no more than 25,000 individuals).
 If applicable, describe community outreach efforts conducted to date and planned for the project(s).

Section C: Project Operations and Maintenance Plan

 Provide the estimated useful life of the project(s).
 Describe the project(s)'s operation, maintenance, and repair plan, including sources of revenue to finance those activities.
 Describe any contractual arrangements that may impact the operation of the project(s).
Section D: Financing Plan

 Provide a narrative, addressing the financial structure of the project(s), a projection of debt service coverage ratios, and how the project(s)'s senior debt obligations will garner an investment-grade rating(s).
 List the estimated total capital costs of the project(s), broken down by activity type and differentiating between eligible project costs and ineligible project costs.
 List the amount of the WIFIA assistance requested for the project(s). WIFIA assistance is generally limited to 49 percent of eligible project costs.
 List the proposed sources of funding and credit enhancements for the project(s) by source, listing the aggregate amount and type, including a schedule showing the expected amount and timing of disbursements.
 Identify the terms of the interested party's debt and equity financing sources, as applicable.
 Identify the terms expected for each source of financing for the project(s), including the WIFIA assistance.
 Provide a sources and uses of funds exhibit for the construction period(s) showing the timing and amount of expected equity and debt funding by source.
 Attach a summary financial pro forma which presents key assumptions and annual project cash flows through the final maturity of the proposed WIFIA debt.
 Describe the revenue source(s) pledged to repayment, and describe preliminary revenue projections.
 Describe the results and status of revenue feasibility studies.
 Has the interested party consulted with the applicable State Revolving Fund (SRF) Authority to procure SRF funding? If so, explain.

Section E: Selection Criteria
If the selection criteria is not relevant to the project(s), respond "not applicable."

 National or regional significance: Describe the extent to which the project(s) is nationally or regionally significant, with respect to the generation of economic and public health benefits, such as the reduction of flood risk, the improvement of water quality and quantity including aquifer recharge, and the protection of drinking water including source water protection.
 Enables project to proceed earlier: Describe the likelihood that assistance under this subtitle would enable the project(s) to proceed at an earlier date than the project would otherwise be able to proceed.
 New or innovative approaches: Describe the extent to which the project(s) uses new or innovative approaches.
 Protection against extreme weather events: Describe the extent to which the project(s) protects against extreme weather events, such as floods or hurricanes.
 Maintain or protect the environment: Describe the extent to which the project(s) helps maintain or protect the environment or public health.
 Serves energy exploration or production areas: Describe the extent to which the project(s) serves regions with significant energy exploration, development, or production areas.
 Serves regions with water resource challenges: Describe the extent to which the project(s) serves regions with significant water resource challenges, including the need to address water quality concerns in areas of regional, national, or international significance; water quantity concerns related to groundwater, surface water, or other resources; significant flood risk; water resource challenges identified in existing regional, state, or multistate agreements; and water resources with exceptional recreational value or ecological importance.
 Addresses identified priorities: Describe the extent to which the project(s) addresses identified municipal, state, or regional priorities.
 Readiness to proceed: Describe the readiness of the project(s) to proceed toward development, including a demonstration by the interested party that there is a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project under this subtitle.
 Repair, rehabilitation, or replacement: Describe the extent to which the project addresses needs for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or wastewater conveyance system.

Section F: Contact Information
 Name:
Title:
Street Address:
City/State/Zip:
Phone:
E-mail:

Name:
Title:
Street Address:
City/State/Zip:
Phone:
E-mail:

Primary point of contact
 Name:
Title:
Street Address:
City/State/Zip:
Phone:
E-mail:
Name:
Title:
Street Address:
City/State/Zip:
Phone:
E-mail:
Secondary point of contact
Section H: Certifications

 National Environmental Policy Act:  The interested party acknowledges that any project receiving credit assistance under this program must comply with all provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
 American Iron and Steel:  The interested party acknowledges that any project receiving credit assistance under this program for the construction, alteration, maintenance, or repair of a project may only use iron and steel products produced in the United States and must comply with all applicable guidance.
 Prevailing Wages:  The interested party acknowledges that all laborers and mechanics employed by contractors or subcontractors on projects receiving credit assistance under this program shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with sections 3141-3144, 3146, and 3147 of Title 40 (Davis-Bacon wage rules).
 Lobbying:  Section 1352 of Title 31, United States Code provides that none of the funds appropriated by any Act of Congress may be expended by a recipient of a contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, or an employee of a Member of Congress in connection with the award or making of a Federal contract, grant, loan, or cooperative agreement or the modification thereof. The EPA interprets this provision to include the use of appropriated funds to influence or attempt to influence the selection for assistance under the WIFIA program.
WIFIA interested parties must file a declaration: (a) with the submission of an application for WIFIA credit assistance; (b) upon receipt of WIFIA credit assistance (unless the information contained in the declaration accompanying the WIFIA application has not materially changed); and (c) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration previously filed in connection with the WIFIA credit assistance.
The undersigned certifies, to the best of his or her knowledge and belief, that:
 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
         This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
 Debarment:  The undersigned further certifies that it is not currently, nor has it been in the preceding three years: 1) debarred, suspended, or declared ineligible from participating in any Federal program; 2) formally proposed for debarment, with a final determination still pending; 3) voluntarily excluded from participation in a Federal transaction; or 4) indicted, convicted, or had a civil judgment rendered against it for any of the offenses listed in the Regulations Governing Debarment and Suspension (Governmentwide Nonprocurement Debarment and Suspension Regulations: 2 C.F.R. Part 180 and Part 1532.
 Default/Delinquency:  The undersigned further certifies that neither it nor any of its subsidiaries or affiliates are currently in default or delinquent on any debt or loans provided or guaranteed by the Federal Government.
 Other Federal Requirements:  The interested party acknowledges that it must comply with all other federal statutes and regulations, as applicable.  A non-exhaustive list of federal cross-cutting statutes and regulations can be found at: www.epa.gov/wifia.
 Name:
Title:
Street Address:
City/State/Zip:
Phone:
E-mail:

Name:
Title:
Street Address:
City/State/Zip:
Phone:
E-mail:

Signature:  By submitting this letter of interest, the undersigned certifies that the facts stated and the certifications and representations made in this letter of interest are true, to the best of the interested party's knowledge and belief after due inquiry, and that the interested party has not omitted any material facts. The undersigned is an authorized representative of the interested party.Signature:
Date Signed: