[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Notices]
[Pages 4893-4894]
[FR Doc No: 2011-1724]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice Announcing Preliminary Permit Drawing

January 20, 2011.

Lock Hydro Friends Fund XLIII.............  Project No. 13745-000
FFP Missouri 14, LLC......................  Project No. 13758-000
Solia 4 Hydroelectric, LLC................  Project No. 13767-000

    On May 18, 2010, at 8:30 a.m., the Commission received three
preliminary permit applications for proposed projects to be located at
the Monongahela River Lock & Dam No. 4 located on the Monongahela River
in Washington County, Pennsylvania.\1\ The applications were filed by
Lock Hydro Friends Fund XLIII, for Project No. 13745-000, FFP Missouri
14, LLC, for Project No. 13758-000, and Solia 4 Hydroelectric, LLC, for
Project No. 13767-000.
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    \1\ The Commission is open each day from 8:30 a.m. to 5 p.m.,
except Saturdays, Sundays, and holidays. 18 CFR 375.101(c) (2010).
The applications were filed between 5 p.m. on Monday May 17, 2010,
and 8:30 a.m. on Tuesday May 18, 2010. Under the Commission's Rules
of Practice and Procedure, any document received after regular
business hours is considered filed at 8:30 a.m. on the next regular
business day. 18 CFR 385.2001(a)(2) (2010).

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    Where all permit applicants are municipalities or all permit
applicants are non-municipalities, and no applicant's plans are better
adapted than the others' to develop, conserve, and utilize in the
public interest the water resources of a region, the Commission issues
a permit to the applicant who filed first in time.\2\ In this case,
because three applications from entities not claiming municipal
preference are deemed filed at the same time, the Commission will
conduct a random tie breaker to determine priority. In the event that
the Commission concludes that no applicant's plans are better adapted
than the others, priority will be determined accordingly.
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    \2\ 18 CFR 4.37 (2010). See, e.g., BPUS Generation Development,
LLC, 126 FERC ] 61,132 (2009).
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    On January 27, 2011, at 10 a.m. (Eastern Time), the Secretary of
the Commission, or her designee, will, by random drawing, determine the
filing priority for the three applicants identified in this notice. The
drawing is open to the public and will be held in room 2C, the
Commission Meeting Room, located at 888 First St., NE., Washington, DC
20426. The results of the drawing will be recorded by the Secretary or
her designee. A subsequent notice will be issued by the Secretary
announcing the results of the drawing.

Kimberly D. Bose,
Secretary.
[FR Doc. 2011-1724 Filed 1-26-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: September 17, 2009 (Volume 74, Number 179)]
[Notices]
[Page 47849-47851]
[DOCID:fr17se09-86]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60634; File No. SR-BX-2009-055]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing of Proposed Rule Change To Retroactively Correct an Error in
Rule 7018

September 8, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 28, 2009, NASDAQ OMX BX, Inc.

(``BX'') \3\ filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The Commission notes that BX also refers to itself as the
``Exchange'' in this proposed rule change.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    BX is filing a proposed rule change to apply retroactively to the
period from April 1, 2009 through August 16, 2009 the correction made
by SR-BX-2009-049 of a typographical error formerly in Rule 7018. There
is no proposed rule text.

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

    In its filing with the Commission, BX 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.
    BX 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
    BX recently submitted a filing to correct a typographical error in
Rule 7018.\4\ That filing was immediately effective upon the date of
its filing, August 17, 2009. The purpose of this filing is to apply the
correction of the typographical error retroactively to the period from
April 1, 2009 through August 16, 2009.
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    \4\ SR-BX-2009-049 (August 17, 2009).
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    In SR-BX-2009-018,\5\ BX modified its pricing for execution of
orders in securities listed on The NASDAQ Stock Market (``NASDAQ'') and
the New York Stock Exchange (``NYSE'') by, among other things,
replacing a charge to access liquidity of $0.0014 per share executed
with a credit of $0.0006 per share executed. This change was accurately
described in the ``Purpose'' section of BX's Form 19b-4 filing,\6\ in
the Commission's notice of the filing on the SEC Web site \7\ and in
the Federal Register,\8\ in widely disseminated announcements of the
pricing change,\9\ and in the pricing schedule that appears on BX's
market Web site.\10\ However, due to a typographical error, the credit
incorrectly appeared as ``$0.006'' in Exhibit 5 to the filing.
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    \5\ Securities Exchange Act Release No. 59682 (April 1, 2009),
74 FR 16015 (April 8, 2009) (SR-BX-2009-018).
    \6\ See http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/pdf/bx-
filings/2009/SR-BX&-200-018.pdf.
    \7\ See http://www.sec.gov/rules/sro/bx/2009/34-59682.pdf.
    \8\ See Securities Exchange Act Release No. 59682 (April 1,
2009), 74 FR 16015 (April 8, 2009) (SR-BX-2009-018).
    \9\ See http://www.nasdaqtrader.com/TraderNews.aspx?id=ETA2009-
16.
    \10\ See http://www.nasdaqtrader.com/Trader.aspx?id=bx_pricing.
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    BX has been billing members in accordance with the correct fee
since the effective date of the change in April 2009, and accordingly
believes that all of its members that trade on the NASDAQ OMX BX
Equities System are cognizant of the correct fee. BX submitted SR-BX-
2009-049 on an immediately effective basis to correct the error, and is
now submitting this filing to seek Commission approval to apply the
correction retroactively to the period from April 1, 2009 through
August 16, 2009.
2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\11\ in general, and with Section
6(b)(5) of the Act,\12\ in particular, in that it is designed to remove
impediments to and perfect the mechanism of a free and open market and
a national market system. The proposed rule change will ensure that a
recently filed correction of a typographical error in BX Rule 7018 is
applied retroactively throughout the entire period when the error was
in the rule.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    BX 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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-BX-2009-055 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2009-055. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for

inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2009-055 and should be
submitted on or before October 8, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-22366 Filed 9-16-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: February 22, 2010 (Volume 75, Number 34)]
[Notices]
[Page 7644-7646]
[DOCID:fr22fe10-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61512; File No. SR-NYSEArca-2010-05]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Its Fee
Schedule

February 12, 2010.
    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 28, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') through its wholly-owned subsidiary NYSE Arca Equities,
Inc. (``NYSE Arca Equities''), 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. NYSE Arca filed the proposal pursuant to
Section 19(b)(3)(A) \4\ of the Act and Rule 19b-4(f)(2) \5\ thereunder.
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.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(2).
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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 its Schedule of Fees and Charges for
Exchange Services (the ``Schedule''). While changes to the Schedule
pursuant to this proposal will be effective upon filing, the changes
will become operative on February 1, 2010. The text of the proposed
rule change is available on the Exchange's Web site at http://
www.nyse.com, on the Commission's Web site at http://www.sec.gov, at
the Exchange, and at the Commission's Public Reference Room. A copy of
this filing is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange's principal office and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 make multiple changes to its fee schedule
effective February 1, 2010. A more detailed description of the proposed
changes follows.
    Super Tier:
    The Exchange proposes to introduce a new Super Tier. For ETP
Holders and Market Makers with an average daily share volume (``ADV'')
per month of more than 70 million shares added and more than 120
million total shares (added, removed, and routed) in all U.S.
securities, the pricing structure for trading in Tape A and Tape C
securities will be a rebate of $0.0030 per share for adding liquidity
and a fee of $0.0028 per share for removing liquidity. All other fees
within the Super Tier will match the Tier 1 rates effective on February
1, 2010.
    Tier 1:
    The Exchange also proposes changes to the Tier 1 rates and volume
levels. Currently Tier 1 rates are applied to ETP Holders and Market
Makers that provide liquidity on the Exchange with an ADV per month of
greater than 25 million shares and transact a total ADV per month of
greater than 80 million shares (includes both adding and removing).
Under this proposal, Tier 1 rates will be applied to ETP Holders and
Market Makers that provide liquidity on the Exchange with an ADV per
month of greater than 60 million shares. The Exchange proposes to
eliminate the total share requirement.
    Currently, the rebate for adding liquidity in Tape A and Tape C
securities in Tier 1 is set at $0.0027 per share, and the fee for
removing liquidity is set at $0.0027 per share. Under this proposal the
rebate for adding liquidity in Tape A and Tape C securities will be
$0.0029 per share and the fee for removing liquidity will be $0.0029
per share. The Exchange also proposes to change the rebate for PO and
PO+ orders routed to Amex that provide liquidity to the NYSE Amex Book
to $0.0015 (currently $0.0030 per share). All other Tier 1 rates remain
the same.
    Tier 2:
    The Exchange also proposes changes to the Tier 2 rates and volume
levels. Currently Tier 2 rates are applied to ETP Holders and Market
Makers that provide liquidity on the Exchange with an ADV per month of
greater than 15 million shares and transact a total ADV per month of
greater than 50 million shares. Under this proposal, Tier 2 rates will
be applied to ETP Holders and Market Makers that provide liquidity on
the Exchange with an ADV per month of greater than 25 million shares.
The Exchange proposes to eliminate the total share requirement.
    Currently, the rebate for adding liquidity in Tape A and Tape C
securities in Tier 2 is set at $0.0026 per share, and the fee for
removing liquidity is set at $0.0028 per share. Under this proposal the
rebate for adding liquidity in Tape A and Tape C securities will be
$0.0029 per share and the fee for removing liquidity will be $0.0030
per share. The Exchange also proposes to change the fee for orders
routed to away markets other than the NYSE in Tape A and Tape C
securities to $0.0030 (currently $0.0029 per share). The Exchange is
also changing the rebate for PO and PO+ orders routed to Amex that
provide liquidity to the NYSE Amex Book to $0.0015 (currently $0.0030
per share). All other Tier 2 rates remain the same.
    Provide Tier:
    The Exchange proposes to remove the current Provide Tier from the
Schedule.
    Basic Rates:
    Finally, the Exchange proposes to change the Basic Rate pricing.
Currently, the rebate for adding liquidity in Tape A and Tape C
securities is set at $0.0023 per share, and the fee for removing
liquidity is set at $0.0030 per share. Under this proposal the rebate
for adding liquidity in Tape A and Tape C securities will be $0.0021
per share and the fee for removing liquidity will remain $0.0030 per
share. The Exchange also proposes to change the rebate for PO and PO+
orders routed to Amex that provide liquidity to the NYSE Amex Book to
$0.0015 (currently $0.0030 per share). All other Basic Rates will
remain the same.
    The proposed changes to the Schedule are part of the Exchange's
continued effort to attract and enhance participation on the Exchange,
by offering attractive rates and rebates with volume-based incentives.
The Exchange believes the proposed fees are reasonable and equitable in
that they apply uniformly to all ETP Holders. The proposed changes will
become operative on February 1, 2010.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''),\6\ in general, and Section 6(b)(4) of the Act,\7\ in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. The proposed changes to
the Schedule are part of the Exchange's continued effort to attract and
enhance participation on the Exchange, by offering attractive rates and
rebates with volume-based incentives. The proposed changes to the
Schedule are equitable in that they apply uniformly to all Users.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by NYSE Arca on its members.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2010-05. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference 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-
NYSEArca-2010-05 and should be submitted on or before March 15, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-3331 Filed 2-19-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 18, 2010 (Volume 75, Number 222)]
[Notices]
[Page 70740]
[DOCID:fr18no10-82]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-2032-000]

New Harvest Wind Project LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

November 8, 2010.
    This is a supplemental notice in the above-referenced proceeding of
New Harvest Wind Project LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 29, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-29036 Filed 11-17-10; 8:45 am]
BILLING CODE 6717-01-P