[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Notices]
[Pages 10674-10676]
[FR Doc No: 2013-03397]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68890; File No. SR-BX-2013-013]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing of Proposed Rule Change Requesting Permanent Approval of a Pilot
Program To Receive Inbound Equities Orders From PSX Through NES

February 8, 2013.
    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 February 6, 2013, NASDAQ OMX BX, Inc. (``Exchange'' or
``BX'') 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 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 has filed a proposed rule change for the permanent
approval of the Exchange's pilot program to permit the BX Equities
Market (``System'') to accept inbound orders routed by Nasdaq Execution
Services LLC (``NES'') from the NASDAQ OMX PSX facility of NASDAQ OMX
PHLX LLC (``PHLX'').

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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In conjunction with PHLX providing outbound routing services on PSX
to all markets using its affiliated routing broker, NES,\4\ BX proposed
that NES be permitted to route orders from PHLX to the Exchange on a
pilot basis, subject to certain limitations and conditions, as
described below.\5\ The current pilot program expires March 30,
2013.\6\
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    \4\ See Securities Exchange Act Release No. 65469 (October 3,
2011), 76 FR 62486 (October 7, 2011) (SR-Phlx-2011-108).
    \5\ See Securities Exchange Act Release No. 65514 (October 7,
2011), 76 FR 63969 (October 14, 2011) (SR-BX-2011-066).
    \6\ See Securities Exchange Act Release No. 67995 (October 5,
2012), 77 FR 62292 (October 12, 2012) (SR-BX-2012-066).
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    NES is a broker-dealer and member of NASDAQ, PHLX and BX. NES
provides all routing functions for The NASDAQ Stock Market
(``NASDAQ''), BX and PHLX. BX, NASDAQ, PHLX and NES are affiliates.
Accordingly, the affiliate relationship between BX and NES, its member,
raises the issue of an exchange's affiliation with a member of such
exchange. Specifically, in connection with prior filings, the
Commission has expressed concern that the affiliation of an exchange
with one of its members raises the potential for unfair competitive
advantage and

potential conflicts of interest between an exchange's self-regulatory
obligations and its commercial interests.\7\
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    \7\ See Securities Exchange Act Release Nos. 59153 (December 23,
2008), 73 FR 80485 (December 31, 2008) (SR-NASDAQ-2008-098); and
62736 (August 17, 2010), 75 FR 51861 (August 23, 2010) (SR-NASDAQ-
2010-100).
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    Recognizing that the Commission has previously expressed concern
regarding the potential for conflicts of interest in instances where a
member firm is affiliated with an exchange of which it is a member, the
Exchange previously proposed, and the Commission approved, limitations
and conditions on NES's affiliation with the Exchange.\8\ Also
recognizing that the Commission has expressed concern regarding the
potential for conflicts of interest in instances where a member firm is
affiliated with an exchange to which it is routing orders, the Exchange
previously proposed, and the Commission approved,\9\ NES's affiliation
with the Exchange to permit the Exchange to accept inbound orders that
NES routes in its capacity as a facility of NASDAQ, subject to the
certain limitations and conditions. The Exchange now proposes to permit
BX to accept inbound orders that NES routes in its capacity as a
facility of PHLX on a permanent basis, subject to the limitations and
conditions of this pilot:
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    \8\ See Securities Exchange Act Release No. 58324 (August 7,
2008), 73 FR 46936 (August 12, 2008) (File Nos. SR-BSE-2008-02; SR-
BSE-2008-23; SR-BSE-2008-25; SR-BSECC-2008-01) (``Order approving
the Acquisition of the Boston Stock Exchange, Incorporated by The
NASDAQ OMX Group, Inc.'').
    \9\ Id.
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     First, the Exchange and FINRA maintain a Regulatory
Contract, as well as an agreement pursuant to Rule 17d-2 under the Act
(``17d-2 Agreement'').\10\ Pursuant to the Regulatory Contract and the
17d-2 Agreement, FINRA is allocated regulatory responsibilities to
review NES's compliance with certain Exchange rules.\11\ Pursuant to
the Regulatory Contract, however, BX retains ultimate responsibility
for enforcing its rules with respect to NES.
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    \10\ 17 CFR 240.17d-2.
    \11\ NES is also subject to independent oversight by FINRA, its
designated examining authority, for compliance with financial
responsibility requirements.
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     Second, FINRA monitors NES for compliance with the
Exchange's trading rules, and collects and maintains certain related
information.\12\
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    \12\ Pursuant to the Regulatory Contract, both FINRA and the
Exchange collect and maintain all alerts, complaints, investigations
and enforcement actions in which NES (in its capacity as a facility
of PHLX routing orders to BX) is identified as a participant that
has potentially violated applicable Commission or Exchange rules.
The Exchange and FINRA retain these records in an easily accessible
manner in order to facilitate any potential review conducted by the
Commission's Office of Compliance Inspections and Examinations.
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     Third, FINRA provides a report to the Exchange's chief
regulatory officer (``CRO''), on a quarterly basis, that: (i)
Quantifies all alerts (of which FINRA is aware) that identify NES as a
participant that has potentially violated Commission or Exchange rules,
and (ii) lists all investigations that identify NES as a participant
that has potentially violated Commission or Exchange rules.
     Fourth, the Exchange has in place BX Rule 2140(c), which
requires The NASDAQ OMX Group, Inc., as the holding company owning both
the Exchange and NES, to establish and maintain procedures and internal
controls reasonably designed to ensure that NES does not develop or
implement changes to its system, based on non-public information
obtained regarding planned changes to the Exchange's systems as a
result of its affiliation with the Exchange, until such information is
available generally to similarly situated Exchange members, in
connection with the provision of inbound order routing to the Exchange.
    The Exchange has met all the above-listed conditions. By meeting
the above conditions, the Exchange has set up mechanisms that protect
the independence of the Exchange's regulatory responsibility with
respect to NES, as well as demonstrate that NES cannot use any
information advantage it may have because of its affiliation with the
Exchange. Because the Exchange has met all the above-listed conditions,
it now seeks permanent approval of this inbound routing relationship.
The Exchange will continue to comply with the conditions 1-4 stated
above.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\13\ in general, and with
Sections 6(b)(5) of the Act,\14\ in particular, in that the proposal 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 regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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, because the
proposed rule change will allow the Exchange to continue to receive
inbound orders from NES, acting in its capacity as a facility of PHLX,
in a manner consistent with prior approvals and established
protections. The Exchange believes that these conditions establish
mechanisms that protect the independence of the Exchange's regulatory
responsibility with respect to NES, as well as ensure that NES cannot
use any information it may have because of its affiliation with the
Exchange to its advantage.
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Permanent approval of the current pilot program does not raise any
issues of intramarket competition because it involves inbound routing
from an affiliated exchange. Nor does it result in a burden on
competition among exchanges, because there are many competing exchanges
that provide routing services, including through an affiliate.

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 45 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 Exchange consents, the Commission shall: (a) By order approve
or disapprove 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 email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2013-013 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-2013-013. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, on business days
between the hours of 10 a.m. and 3 p.m., located at 100 F Street NE.,
Washington, DC 20549-1090. Copies of the filing will also 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-2013-013 and should be
submitted on or before March 7, 2013.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-03397 Filed 2-13-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 11, 2008 (Volume 73, Number 8)]
[Notices]
[Page 2077-2078]
[DOCID:fr11ja08-91]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket Number NHTSA-2007-0051]

Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Request for public comment on proposed collection of
information.

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SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections.
    This document describes the collection of information associated
with NHTSA's regulations in 49 CFR Part 566 Manufacturer
Identification, which require manufacturers of motor vehicles and motor
vehicle equipment that is subject to the standards enforced by the
agency to identify themselves and their products to NHTSA. The agency
intends to seek OMB approval for this information collection.

DATES: Comments must be received on or before March 11, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. David Coleman, Office of Vehicle
Safety Compliance, 1200 New Jersey Avenue, SE., Room W43-488,
Washington, DC 20590-0001. Telephone:<PHONE_NUMBER> Refer to: OMB
Control Number 2127-0043.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must first publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulation (at 5 CFR
1320.8(d)), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) how to enhance the quality, utility, and clarity of the
information to be collected;
    (iv) how to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology (e.g. permitting electronic
submission of responses). In compliance with these requirements, NHTSA
asks for public comments on the following proposed collection of
information:
    Title: 49 CFR Part 566, Manufacturer's Identification.
    OMB Number: 2127-0043.
    Abstract: Under 49 U.S.C. 30118, if a manufacturer of motor
vehicles or replacement items of motor vehicle equipment determines the
existence of a defect related to motor vehicle safety or a
noncompliance with an applicable Federal motor vehicle safety standards
(FMVSS) in one of its products, the manufacturer must furnish NHTSA and
affected owners with notification of the defect or noncompliance and
remedy the defect or noncompliance without charge. NHTSA issued the
regulations in 49 CFR Part 566 Manufacturer Identification to permit
the agency to identify the responsible manufacturer and send an
appropriate inquiry in the event that it learns of a potential safety-
related defect or noncompliance in a motor vehicle or motor vehicle
equipment item. The regulations require each manufacturer to furnish
the agency, with its full name and address, as well as a description of
each type of motor vehicle or motor vehicle equipment that it
manufactures. The regulations further provide that this information is
to be submitted not later than 30 days after the manufacturer begins to
manufacture motor vehicles or

equipment subject to the FMVSS. The information specified in 49 CFR
part 566 need be submitted only on a one-time basis, but must be
revised if there are changes in any of the items submitted (as would be
the case, for example, if the manufacturer changed its business address
or began to manufacture a new type of motor vehicle). The agency
accepts these signed Part 566 submissions as electronic attachments, as
Adobe Acrobat (PDF) files, contained in e-mails directed to:
<EMAIL_ADDRESS>The agency publishes evidence of its receipt of

a manufacturer's submissions on the DOT Internet site at: http://www.nhtsa.dot.gov/cars/rules/manufacture
.

    Affected Public: All motor vehicle and motor vehicle equipment
manufacturers producing motor vehicles or motor vehicle equipment
covered by a Federal motor vehicle safety standard and intended for
sale in the United States.
    Estimated Annual Burden: 25 minutes of one staff member's time for
each new U.S. market manufacturer, or for each manufacturer revising
information previously submitted to the agency.
    Estimated Number of Respondents: 630 annually.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the online instructions for submitting comments.
     DOT Internet Site: http://dms.dot.gov. Follow the

instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: U.S. DOT, West Building Ground
Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-
0001 between 9 a.m. and 5 p.m. EST, Monday through Friday, except
Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided.
    To receive confirmation that your comments were received, enclose a
stamped, self-addressed postcard with the comments. Note that all
comments received will be posted without change to http://www.regulations.gov
, including any personal information provided.

Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov
.

    To Read Comments submitted to the Docket: Visit the Docket
Management System at the address and times given above.
    To read the comments on the Internet, take the following steps:
    (1) Go to the Federal Docket Management System (FDMS) Web page
http://www.regulations.gov.

    (2) At that site, click on ``search for dockets.''
    (3) Select (http://www.regulations.gov/fdmspublic/component/main.)

    (4) From the drop-down menu in the Agency field, select ``National
Highway Traffic Safety Administration.''
    (4) Enter number NHTSA-2007-0051 (the Docket ID).
    (5) Click on ``submit.''
    (6) The response should contain the docket summary information for
this docket.
    (7) Click on the comments you wish to see.
    (8) You may download the comments. These files are imaged documents
(i.e. Adobe Acrobat pdf files) and can be ``word searched'' using a
suitable software application. Please note that it is recommended to
search the Docket periodically, as new material is added as it becomes
available.

    Authority: 44 U.S.C. 3506(c); delegation of authority at 49 CFR
1.50 and 501.8(f).

    Issued on: January 7, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8-296 Filed 1-10-08; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Rules and Regulations]
[Page 53464]
[FR Doc No: 2015-21964]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket Number USCG-2015-0837]

Drawbridge Operation Regulation; Illinois Waterway, Beardstown,
IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Burlington Northern Santa Fe
Railroad Bridge across the Illinois Waterway, mile 88.8, at Beardstown,
Illinois. The deviation is necessary to allow signal upgrades to be
installed which can only be done when the bridge is in the closed-to-
navigation position. The deviation allows the bridge to be in the
closed-to-navigation position for 4 hours.

DATES: This deviation is effective from noon to 4 p.m., September 24,
2015.

ADDRESSES: The docket for this deviation, [USCG-2015-0837] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Eric A. Washburn, Bridge
Administrator, Western Rivers, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl F. Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Burlington Northern Santa Fe Railway
Company requested a temporary deviation for the Burlington Northern
Santa Fe (BNSF) Railroad Bridge, mile 88.8, at Beardstown, Illinois
across the Illinois Waterway. It has a vertical clearance of 19.6 feet
above normal pool in the closed position. The BNSF Railroad Bridge
currently operates in accordance with 33 CFR 117.393(a) which requires
that the bridge be maintained in the open-to-navigation position;
closing only when a train needs to transit the bridge.
    The deviation period is from noon to 4 p.m., September 24, 2015,
when the draw span will remain in the closed-to-navigation position.
During this time signal upgrades will be installed. The draw span will
not be returned to its fully open position until the upgrades are
completed. Vessels will not be allowed to pass while the signal upgrade
is in progress. The bridge can open in case of emergency.
    Navigation at the site of the bridge consists mainly of commercial
vessels. Based on known waterway users, as well as coordination with
those waterway users, it has been determined that this closure will not
have a significant effect on these vessels. No alternate routes are
available.
    The Coast Guard will also inform the users of the waterway through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessels can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: August 31, 2015.
David M. Frank,
Bridge Administrator, Eighth Coast Guard District.
[FR Doc. 2015-21964 Filed 9-3-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Notices]
[Pages 60489-60490]
[FR Doc No: 2011-25054]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 8866-009]

Lynn E. Stevenson; Notice of Termination of License by Implied
Surrender and Soliciting Comments and Motions To Intervene

    Take notice that the following hydroelectric proceeding has been
initiated by the Commission:
    a. Type of Proceeding: Termination of license by implied surrender.
    b. Project No.: 8866-009.
    c. Date Initiated: September 23, 2011 (notice date).
    d. Licensee: Lynn E. Stevenson.
    e. Name and Location of Project: The constructed 70-kilowatt (kW)
Project No. 2 is located on an unnamed stream, which is a tributary of
the Snake River in Gooding County, ID (T. 6 S., R. 13 E., sec. 18, lot
7, Boise Meridian, Idaho).
    f. Proceeding Initiated Pursuant to: Standard Article 16 of the
project's license and 18 CFR 6.4 (2011).
    g. FERC Contact: Diane Murray,<PHONE_NUMBER>.
    h. Deadline for filing comments, protests, and motions to
intervene: October 23, 2011.
    Comments, Motions to Intervene, and Protests may be filed
electronically via the Internet. See 18 CFR 385.2001(a)(l)(iii) and the
instructions on the Commission's website under the ``eFiling'' link.
Please include the project number (P-8866-009) on any documents or
motions filed. If unable to be filed electronically, documents may be
paper-filed. To paper-file, an original and eight copies should be
mailed to: Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. For more information on how to
submit these types of filings, please go to the Commission's website
located at http://www.ferc.gov/filing-comments.asp.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    i. Description of Existing Facilities: (1) An intake at elevation
2,810 feet; (2) a concrete transition box; (3) an 18-inch-diameter,
400-foot-long steel penstock; (4) a powerhouse containing a single
generating unit with a rated capacity of 70 kW; (5) a tailrace
discharging into the Snake River; (6) a 135-foot-long, 34.5-kV
transmission line; and (7) appurtenant facilities.
    j. Description of Proceeding:
    Section 6.4 of the Commission's regulations, 18 CFR 6.4, provides,
among other things, that it is deemed to be intent of a licensee to
surrender a license, if the licensee abandons a project for a period of
three years. In addition, standard Article 16 of the license for
Project No. 8866 provides, in pertinent part:

    If the Licensee shall cause or suffer essential project property
to be removed or destroyed or to become unfit for use, without
adequate replacement, or shall abandon or discontinue good faith
operation of the project or refuse or neglect to comply with the
terms of the license and the lawful orders of the Commission * * *,
the Commission will deem it to be the intent of the Licensee to
surrender the license * * *

    The Commission issued a minor license for the project in 1986 to
Lynn E. Stevenson.\1\ The project has not operated since a downstream
landslide in 1993 and has been abandoned. On April 10, 2007, during the
inspection of the project by the Portland Regional office, Commission
staff noted that the project was not operable and had not been operated
since the landslide in 1993. During a May 11, 2010 inspection,
Commission staff noted damage to the powerhouse and to the equipment in
the powerhouse from previous flooding. By letter of July 27, 2011 to
the estate of Lynn E. Stevenson, Commission staff required the licensee
to show cause why the Commission should not initiate a proceeding to
terminate the license for the project based on the licensee's implied
surrender of the licensee. The licensee did not respond.
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    \1\ 34 FERC ] 62,530 (1986). Mr. Stevenson died in 2003 and
Black Canyon Bliss, LLC purchased the project lands and facilities
from the estate of Lynn E. Stevenson. Neither the estate nor the
current owners have requested a transfer of license; therefore, the
license remains with the estate of Lynn Stevenson. The project has
been mistakenly referred to as Project No. 8865 since 2004. The
Secretary of the Commission corrected this oversight on July 18,
2011 with the issuance of a Notice of Change in Docket Numbers.
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    To date, the licensee has not made the necessary repairs to resume
operations at the project and the project is abandoned.
    k. Location of the Order: A copy of the order is available for
inspection and reproduction at the Commission in the Public Reference
Room or may be viewed on the Commission's website at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in

the docket number field to access the document. For assistance, call
toll-free 1-866-208-3676 or e-mail<EMAIL_ADDRESS>For TTY,
call<PHONE_NUMBER>.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS', ``PROTEST'', or
``MOTION TO INTERVENE'', and ``RECOMMENTATIONS FOR TERMS AND
CONDITIONS'', as applicable, and the Project Number of the proceeding.
    n. Agency Comments--Federal, states, and local agencies are invited
to file comments on the described proceeding. If an agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments.

    Dated: September 23, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-25054 Filed 9-28-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 25, 2009 (Volume 74, Number 56)]
[Notices]
[Page 12845]
[DOCID:fr25mr09-84]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. ER09-838-000]

Entegra Power Services LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

March 18, 2009.
    This is a supplemental notice in the above-referenced proceeding of
Entegra Power Services 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 Sec.
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 April 7, 2009.
    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 St, 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

 Kimberly D. Bose,
 Secretary.
 [FR Doc. E9-6496 Filed 3-24-09; 8:45 am]


[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Rules and Regulations]
[Pages 45237-45238]
[FR Doc No: 2012-18518]

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

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

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

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

Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0635; Airspace Docket No. 12-ASO-30]

Amendment of Class D and E Airspace; Fort Rucker, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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

SUMMARY: This action amends Class D and E Airspace at Fort Rucker, AL,
by updating the geographic coordinates of Cairns Army Air Field to aid
in the navigation of our National Airspace System. This action is
necessary for the continued safety and management of instrument flight
rules (IFR) operations within the Fort Rucker, AL airspace area.

DATES: Effective date 0901 UTC, September 20, 2012. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class D and E airspace Cairns Army Air Field, Fort
Rucker, AL, at the request of FAAs Aeronautical Products, by updating
the geographic coordinates of the airport to be in concert with the
FAAs aeronautical database. Accordingly, since this is an
administrative change, and does not affect the boundaries, altitudes,
or operating requirements of the airspace, notice and public procedures
under 5 U.S.C. 553(b) are unnecessary.
    The Class D and E airspace designations are published in Paragraph
5000, 6002, and 6004 respectively of FAA Order 7400.9V, dated August 9,
2011, and effective September 15, 2011, which is incorporated by
reference in 14 CFR 71.1. The Class D and Class E airspace designations
listed in this document will be published subsequently in the Order.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them, operationally current,
is non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A. Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace for the Fort Rucker, AL, Class E
airspace area.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9V, Airspace Designations and Reporting
Points, dated August 9, 2011, effective September 15, 2011, is amended
as follows:

Paragraph 5000 Class D airspace.

* * * * *

ASO AL D Fort Rucker, AL [Amended]

Cairns Army Air Field, AL
    (Lat. 31[deg]16'33'' N., long. 85[deg]42'48'' W.)

    That airspace extending upward from the surface to and including
2,800 feet MSL within a 5-mile radius of lat. 31[deg]18'30'' N.,
long. 85[deg]42'20'' W. This Class D airspace area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Airport/Facility Directory.

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

ASO AL E2 Fort Rucker, AL [Amended]

Cairns Army Air Field, AL
    (Lat. 31[deg]16'33'' N., long. 85[deg]42'48'' W.)

    Within a 5-mile radius of lat. 31[deg]18'30'' N., long.
85[deg]42'20'' W. This Class E surface area airspace is effective
during the specific dates

and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

Paragraph 6004 Class E airspace designated as an extension to a
Class D surface area.

* * * * *

ASO AL E4 Fort Rucker, AL [Amended]

Cairns Army Air Field, AL
    (Lat. 31[deg]16'33'' N., long. 85[deg]42'48'' W.)
Cairns VOR
    (Lat. 31[deg]16'09'' N., long. 85[deg]43'35'' W.)

    That airspace extending upward from the surface within 3.5 miles
each side of Cairns VOR 231[deg] radial, extending from the 5-mile
radius of lat. 31[deg]18'30'' N, long. 85[deg]42'20'' W to 7 miles
southwest of the VOR, and within 2 miles each side of Cairns Army
Air Field Runway 36 extended centerline, extending from the 5-mile
radius to 5 miles south of the runway end.

    Issued in College Park, Georgia, on July 20, 2012.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2012-18518 Filed 7-30-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Notices]
[Pages 10159-10161]
[FR Doc No: 2019-05090]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85306; File No. SR-NYSEARCA-2019-11]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Options Fees and Charges and the NYSE Arca Equities Fees and
Charges Related to Co-Location Services

March 13, 2019.
    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 March 1, 2019, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the NYSE Arca Options Fees and
Charges (the ``Options Fee Schedule'') and the NYSE Arca Equities Fees
and Charges (the ``Equities Fee Schedule'' and, together with the
Options Fee Schedule,

the ``Fee Schedules'') related to co-location services to make a
ministerial change to reflect the name change of its affiliate Chicago
Stock Exchange, Inc. and to correct a typographical error. The proposed
rule 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Fee Schedules related to co-
location \4\ services offered by the Exchange to make a ministerial
change to reflect the name change of its affiliate Chicago Stock
Exchange, Inc. (``CHX'') to NYSE Chicago, Inc. (``NYSE Chicago'') and
to correct a typographical error.
---------------------------------------------------------------------------

    \4\ The Exchange initially filed rule changes relating to its
co-location services with the Securities and Exchange Commission
(``Commission'') in 2010. See Securities Exchange Act Release No.
63275 (November 8, 2010), 75 FR 70048 (November 16, 2010) (SR-
NYSEArca-2010-100). The Exchange operates a data center in Mahwah,
New Jersey (the ``data center'') from which it provides co-location
services to Users. For purposes of the Exchange's co-location
services, a ``User'' means any market participant that requests to
receive co-location services directly from the Exchange. See
Securities Exchange Act Release No. 76010 (September 29, 2015), 80
FR 60197 (October 5, 2015) (SR-NYSEArca-2015-82). As specified in
the Fee Schedules, a User that incurs co-location fees for a
particular co-location service pursuant thereto would not be subject
to co-location fees for the same co-location service charged by the
Exchange's affiliates New York Stock Exchange LLC (``NYSE''), NYSE
American LLC (``NYSE American''), and NYSE National, Inc. (``NYSE
National'' and, together, the ``Affiliate SROs''). See Securities
Exchange Act Release No. 70173 (August 13, 2013), 78 FR 50459
(August 19, 2013) (SR-NYSEArca-2013-80).
---------------------------------------------------------------------------

    On February 15, 2019, CHX changed its name to NYSE Chicago.\5\ In a
non-substantive administrative change, the Exchange proposes to update
General Note 4 related to co-location services \6\ as follows:
---------------------------------------------------------------------------

    \5\ See Securities Exchange Release No. 84494 (October 26,
2018), 83 FR 54953 (November 1, 2018) (SR-CHX-2018-05).
    \6\ General Note 4 describes the access to trading and execution
systems and the connectivity to included data products which a User
receives when it purchases access to the Liquidity Center Network
(``LCN'') or internet protocol (``IP'') network, local area networks
available in the data center. See Securities Exchange Act Release
No. 79729 (January 4, 2017), 82 FR 3061 (January 10, 2017) (SR-
NYSEArca-2016-172) (notice of filing and immediate effectiveness of
proposed rule change amending the Exchange's Fee Schedules related
to co-location services to increase LCN and IP network fees and add
a description of access to trading and execution services and
connectivity to included data products).
---------------------------------------------------------------------------

     Delete references to ``Chicago Stock Exchange, Inc.'' and
``CHX'' from the first paragraph of General Note 4, replacing them with
references to ``NYSE Chicago, Inc.'' and ``NYSE Chicago''; and
     In the table under Included Data Products, delete
``Chicago Stock Exchange (CHX)'' from the first line and add a line for
``NYSE Chicago'' in alphabetical order after NYSE Bonds.
    In addition, in the third sentence of the first paragraph under
``Connectivity to Third Party Data Feeds,'' the Exchange proposes to
correct a typographical error by replacing ``Fees'' with ``Feeds.''
General
    As is the case with all Exchange co-location arrangements, (i)
neither a User nor any of the User's customers would be permitted to
submit orders directly to the Exchange unless such User or customer is
a member organization, a Sponsored Participant or an agent thereof
(e.g., a service bureau providing order entry services); (ii) use of
the co-location services proposed herein would be completely voluntary
and available to all Users on a non-discriminatory basis; \7\ and (iii)
a User would only incur one charge for the particular co-location
service described herein, regardless of whether the User connects only
to the Exchange or to the Exchange and one or more of the Affiliate
SROs.\8\
---------------------------------------------------------------------------

    \7\ As is currently the case, Users that receive co-location
services from the Exchange will not receive any means of access to
the Exchange's trading and execution systems that is separate from,
or superior to, that of other Users. In this regard, all orders sent
to the Exchange enter the Exchange's trading and execution systems
through the same order gateway, regardless of whether the sender is
co-located in the data center or not. In addition, co-located Users
do not receive any market data or data service product that is not
available to all Users, although Users that receive co-location
services normally would expect reduced latencies, as compared to
Users that are not co-located, in sending orders to, and receiving
market data from, the Exchange.
    \8\ See 78 FR 50459, supra note 4, at 50459. NYSE, NYSE
American, and NYSE National have submitted substantially the same
proposed rule change to propose the changes described herein. See
SR-NYSE-2019-11, SR-NYSEAmer-2019-02, and SR-NYSENat-2019-05.
---------------------------------------------------------------------------

    The proposed change is not otherwise intended to address any other
issues relating to co-location services and/or related fees, and the
Exchange is not aware of any problems that Users would have in
complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and with Section 6(b)(1)
\10\ in particular, in that it enables the Exchange to be so organized
as to have the capacity to be able to carry out the purposes of the
Exchange Act and to comply, and to enforce compliance by its exchange
members and persons associated with its exchange members, with the
provisions of the Exchange Act, the rules and regulations thereunder,
and the rules of the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    The proposed rule change is a non-substantive change and does not
impact the governance or ownership of the Exchange. The Exchange
believes that the proposed rule change would enable the Exchange to
continue to be so organized as to have the capacity to carry out the
purposes of the Exchange Act and comply and enforce compliance with the
provisions of the Exchange Act by its members and persons associated
with its members, because ensuring that the Fee Schedules accurately
reflects the name change of its affiliate NYSE Chicago and correcting a
typographical error would contribute to the orderly operation of the
Exchange by adding clarity and transparency to such documents.
    The Exchange also believes that the proposed change furthers the
objectives of Section 6(b)(5) of the Act \11\ because 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 regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to, and perfect the mechanisms of,
a free and open market and a national market system and, in general, to
protect investors and the public interest and because it is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed change would remove

impediments to, and perfect the mechanisms of, a free and open market
and a national market system and, in general, protect investors and the
public interest by ensuring that market participants can more easily
navigate, understand and comply with the Fee Schedules. The Exchange
believes that, by ensuring that such documents accurately reflect the
name change of its affiliate NYSE Chicago, the proposed change would
reduce potential investor or market participant confusion by providing
market participants with clarity as to what connectivity is included in
the purchase of access to the LCN and IP network.
    Similarly, correcting the typographical error in the third sentence
of the first paragraph under ``Connectivity to Third Party Data Feeds''
would remove impediments to, and perfect the mechanisms of, a free and
open market and a national market system and, in general, protect
investors and the public interest because the change would clarify
Exchange rules and alleviate any possible market participant confusion.
    For the reasons above, the proposed changes do not unfairly
discriminate between or among market participants that are otherwise
capable of satisfying any applicable co-location fees, requirements,
terms and conditions established from time to time by the Exchange.
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\12\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act because it is ministerial in nature and is not
designed to have any competitive impact, but rather to update
references and correct a typographical error, thereby clarifying the
Fee Schedules and alleviating any possible market participant
confusion.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    For the reasons described above, the Exchange believes that the
proposed rule change reflects this competitive environment.

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

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

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(3) \14\ thereunder in
that the proposed rule change is concerned solely with the
administration of the Exchange.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings under Section
19(b)(2)(B) \15\ of the Act to determine whether the proposed rule
change should be approved or disapproved.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2019-11 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-NYSEARCA-2019-11. 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 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-2019-11, and should be
submitted on or before April 9, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-05090 Filed 3-18-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Notices]
[Pages 27317-27319]
[FR Doc No: 2011-11206]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0887; FRL-8871-2]

Ziram, Diquat Dibromide, and Chloropicrin; Order for Amendments
To Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's order for the amendments to
terminate uses, voluntarily requested by the registrants and accepted
by the Agency, of products containing ziram, diquat dibromide, and
chloropicrin, pursuant to section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation
order follows a December 1, 2010 Federal Register Notice of Receipt of
Requests from the registrants listed in Table 2 of Unit II. to
voluntarily amend to terminate uses of all these product registrations.
These are not the last products containing these pesticides registered
for use in the United States. In the December 1, 2010 notice, EPA
indicated that it would issue an order implementing the amendments to
terminate uses, unless the Agency received substantive comments within
the 30-day comment period that would merit its further review of these
requests, or unless the registrants withdrew their requests. The Agency
did not receive any comments on the notice.

DATES: The amendments are effective May 11, 2011.

FOR FURTHER INFORMATION CONTACT: A contact person, with telephone
number and e-mail address, is listed in the following table. You may
also reach each contact person by mail at Pesticide Re-evaluation
Division, (7508P) Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001. For pesticide-specific information contact: The Chemical Review
Manager identified in the table below for the pesticide of interest.

------------------------------------------------------------------------
                                            Chemical Review Manager,
          Active ingredient             telephone number, e-mail address
------------------------------------------------------------------------
Chloropicrin.........................  Andrea Mojica,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Diquat dibromide.....................  Eric Miederhoff,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Ziram................................  Kelly Ballard,<PHONE_NUMBER>,
<EMAIL_ADDRESS>------------------------------------------------------------------------

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult one of the
persons listed under FOR FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0887. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. What Action is the Agency taking?

    This notice announces the amendments to delete uses, as requested
by registrants, of products registered under section 3 of FIFRA. These
registrations are listed in sequence by registration number in Table 1
of this unit.

        Table 1--Ziram, Diquat Dibromide, and Chloropicrin Product Registration Amendments To Delete Uses
----------------------------------------------------------------------------------------------------------------
       EPA  Registration  No.             Product name              Chemical              Uses to be deleted
----------------------------------------------------------------------------------------------------------------
228-675............................  Nufarm Diquat SPC 2 L   Diquat Dibromide......  Sorghum and soybean.
                                      Herbicide.
2749-530...........................  Diquat Dibromide 37.3%  Diquat Dibromide......  Sorghum and soybean (seed
                                      SL AG.                                          crop only).
2749-531...........................  Diquat Manufacturing    Diquat Dibromide......  Sorghum and soybean (seed
                                      Concentrate.                                    crop only).
5785-17............................  Chlor-O-Pic...........  Chloropicrin..........  Mushroom casing soil,
                                                                                potting soil, and small
                                                                                area seed beds using
                                                                                handheld fumigation
                                                                                devices.
8536-2.............................  Chloropicrin 100        Chloropicrin..........  Mushroom casing soil,
                                      Fumigant.                                       potting soil, and small
                                                                                area seed beds using
                                                                                handheld fumigation
                                                                                devices.
8622-43............................  Metapicrin............  Chloropicrin..........  Mushroom casing soil,
                                                                                potting soil, and small
                                                                                area seed beds using
                                                                                handheld fumigation
                                                                                devices.
8853-4.............................  HD-Pic Fumigant.......  Chloropicrin..........  Mushroom casing soil,
                                                                                potting soil, and small
                                                                                area seed beds using
                                                                                handheld fumigation
                                                                                devices.
8853-6.............................  Pic Plus Fumigant.....  Chloropicrin..........  Mushroom casing soil,
                                                                                potting soil, and small
                                                                                area seed beds using
                                                                                handheld fumigation
                                                                                devices.
45728-12...........................  Ziram Granuflo          Ziram.................  Blackberries.
                                      Fungicide.
58266-2............................  Tri-Clor Fumigant.....  Chloropicrin..........  Mushroom casing soil,
                                                                                potting soil, and small
                                                                                area seed beds using
                                                                                handheld fumigation
                                                                                devices.
62531-2............................  ASHTA Gold............  Chloropicrin..........  Mushroom casing soil,
                                                                                potting soil, and small
                                                                                area seed beds using
                                                                                handheld fumigation
                                                                                devices.
66330-47...........................  TM-442................  Chloropicrin..........  Mushroom casing soil,
                                                                                potting soil, and small
                                                                                area seed beds using
                                                                                handheld fumigation
                                                                                devices.
70506-173..........................  Ziram 76DF Fungicide..  Ziram.................  Blackberries.
82542-15...........................  Solear Diquat 2L        Diquat Dibromide......  Sorghum and soybean (seed
                                      Desiccant.                                      crop only).
82633-2............................  Sharda Diquat           Diquat Dibromide......  Sorghum and soybean (seed
                                      Concentrate.                                    crop only).
83529-13...........................  Diquash Ag............  Diquat Dibromide......  Sorghum and soybean (seed
                                                                                crop only).
83979-2............................  Rowrunner Ag Herbicide  Diquat Dibromide......  Sorghum and soybean.
85607-1............................  Reddick PIC C-100.....  Chloropicrin..........  Mushroom casing soil,
                                                                                potting soil, and small
                                                                                area seed beds using
                                                                                handheld fumigation
                                                                                devices.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. This number corresponds to the first part of the
EPA registration numbers of the products listed in Table 1.

                Table 2--Registrants of Amended Products
------------------------------------------------------------------------
         EPA  Company  No.                Company name and address
------------------------------------------------------------------------
228...............................  Nufarm Americas, Inc.,
                                    150 Harvester Drive, Suite 200,
                                    Burr Ridge, IL 60527.
2749..............................  Aceto Agricultural Chemicals
                                     Corporation,
                                    One Hollow Lane,
                                    Lake Success, NY 11042-1215.
5785..............................  Chemtura Corporation,
                                    1801 Highway 52 West,
                                    P.O. Box 2200,
                                    West Lafayette, IN 47906.
8536..............................  Soil Chemicals Corporation dba
                                     Cardinal Professional Products,
                                    P.O. Box 782,
                                    8770 Highway 25,
                                    Hollister, CA 95024-0782.
8622..............................  ICL-IP America, Inc.,
                                    95 MacCorkle Avenue, SW.,
                                    South Charleston, WV 25303.
8853..............................  Hendrix and Dail, Inc.,
                                    P.O. Box 648,
                                    Greenville, NC 27835-0648.
45728.............................  Taminco, Inc.,
                                    21320 Sweet Clover Place,
                                    Ashburn, VA 20147.
58266.............................  Shadow Mountain Products
                                     Corporation,
                                    8770 Highway 25,
                                    P.O. Box 1327,
                                    Hollister, CA 95024-1327.

62531.............................  ASHTA Chemicals Inc.,
                                    3509 Middle Road,
                                    P.O. Box 858,
                                    Ashtabula, OH 44005-0858.
66330.............................  Arysta LifeScience North America,
                                     LLC,
                                    15401 Weston Parkway, Suite 150,
                                    Cary, NC 27513.
70506.............................  United Phosphorus, Inc.,
                                    630 Freedom Business Center, Suite
                                     402,
                                    King of Prussia, PA 19406.
82542.............................  Source Dynamics,
                                    10039 E. Troon North Drive,
                                    Scottsdale, AZ 85262.
82633.............................  Sharda Worldwide Exports Pvt. Ltd.,
                                    Domnic Holm, 29th Road,
                                    Bandra (West) Mumbai-400050.
83979.............................  Rotam North America, Inc.,
                                    1400 N.W. 107th Avenue Suite 310,
                                    Miami, FL 33172.
85607.............................  Reddick Fumigants of NC, LLC,
                                    3002 W. Main Street,
                                    Williamston, NC 27892.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided, EPA received no comments
in response to the December 1, 2010 Federal Register notice announcing
the Agency's receipt of the requests for voluntary amendments to delete
uses of products listed in Table 1 of Unit II.

IV. Termination Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
amendments to terminate uses of ziram, diquat dibromide, and
chloropicrin registrations identified in Table 1 of Unit II.
Accordingly, the Agency hereby orders that the product registrations
identified in Table 1 of Unit II are amended to terminate the affected
uses. The effective date of the terminations that are the subject of
this notice is May 11, 2011. Any distribution, sale, or use of existing
stocks of the products identified in Table 1 of Unit II in a manner
inconsistent with any of the provisions for disposition of existing
stocks set forth in Unit VI. will be a violation of FIFRA.

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the EPA Administrator may approve
such a request. The notice of receipt for this action was published for
comment on December 1, 2010 (75 FR 74714) (FRL-8854-3). The comment
period closed on January 3, 2011.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
action. The existing stocks provision for the products subject to this
order is as follows.
    The registrants of the chloropicrin products listed in Table 1 of
Unit II were permitted to sell and distribute products under the
previously approved labeling until December 1, 2010, or a revised date
if product labels with the 2010 changes (i.e., Phase I) had not been
accepted in all states. The labels were not accepted in all states
until after December 1, 2010 and so registrants were permitted by EPA
to sell and distribute products under previously approved labeling
until December 31, 2010. After December 31, 2010, these registrants are
prohibited from selling or distributing the products under previously
approved labels that include the deleted uses identified in Table 1 of
Unit II, except for export consistent with FIFRA section 17 or for
proper disposal.
    For the ziram and diquat dibromide products listed in Table 1 of
Unit II, once EPA has approved product labels reflecting the requested
amendments to delete uses, registrants will be permitted to sell or
distribute products under the previously approved labeling for a period
of 12 months after the date of Federal Register publication of the
order terminating certain uses, unless other restrictions have been
imposed. Thereafter, registrants will be prohibited from selling or
distributing the products whose labels include the deleted uses
identified in Table 1 of Unit II, except for export consistent with
FIFRA section 17 or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of products whose labels include the deleted uses until
supplies are exhausted, provided that such sale, distribution, or use
is consistent with the terms of the previously approved labeling on, or
that accompanied, the deleted uses.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 2, 2011.
Richard P. Keigwin,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-11206 Filed 5-10-11; 8:45 am]
BILLING CODE 6560-50-P


DCN 300 011 SUBJ: 5 day Biochemical Oxygen Demand ( BOD5) and Total Suspended Solids ( TSS) Limits for Poultry Subcategory, Subcategory K FROM: Samantha Lewis, Project Manager TO: MPP Project Record DATE: February 24, 2004 To develop the final limitations and standards for BOD 5 and TSS for the Poultry Subcategory, EPA first determined the median BOD 5 and TSS effluent concentrations of all of the poultry facilities in its database that utilize Option 2 or Option 2.5 technologies. In order to respond to comments, EPA eliminated all Option 2 and Option 2.5 facilities with a filter or chemical phosphorus removal from the analysis. The Option 2 and Option 2.5 technologies are the same except that Option 2.5 also includes partial denitrification. For this evaluation, EPA combined the data from facilities using either option because EPA does not want to interfere with denitrification ( which is required to achieve BAT limits for total nitrogen) and the data indicate that effluent discharges of BOD 5 and TSS are sometimes higher from facilities that employ partial denitrification. Table 1 provides information on the facilities and BOD 5 and TSS effluent discharges used to calculate the median BOD 5 and TSS effluent concentrations. Based on comments that EPA should use all of the data available to it, EPA used its full effluent database for Option 2 and 2.5 facilities ( i. e., including data from facilities that only provided data reported as summarized monthly averages ) to select a model facility for use in developing the BOD 5 and TSS LTAs for the final rule. This ensures that facilities operating the selected technology would be able to achieve the limitations and standards of the final rule ( including the BAT limitations for total nitrogen.)

Table 1: Data Used to Determine the Median BOD 5 and TSS Effluent Concentrations from Treatment with Option 2 or Option 2.5 Technologiesa Facility Number Treatment Option Mean BOD 5 Effluent Concentrationamg/ L Mean TSS Effluent Concentrationamg/ L 11 2.5 N/ A 12.8 22 2 N/ A 15.65 26 2.5 N/ A 13.9 27 2 13.02 N/ A 32 2.5 N/ A 4.98 39 2 5.30 6.00 Facility Number Treatment Option Mean BOD 5 Effluent Concentrationamg/ L Mean TSS Effluent Concentrationamg/ L 42 2 7.82 8.34 45 2.5 1.77 4.17 133 2 7.00 31.50 291 2 3.77 5.57 300 2.5 19.40 22.90 307a 2 7.87 10.1 309 2 Exceeds Permit Limit 11.1 312 2 3.51 8.94 aFor facilities in EPA's BAT database, these values reflect the final values after data exclusions as detailed in Section 14 of the final Technical Development Document. N/ A  Not Available Using the information in Table 1, EPA determined that the median BOD 5 and TSS effluent concentrations for all poultry facilities in EPA's database employing the Option 2 or Option 2.5 technologies are 7.0 mg/ L and 10.1 mg/ L, respectively. However, for purposes of calculating the long term average ( LTA) and variability factors ( VFs) for use in developing limitations and standards for the final rule, EPA is limited to using only those episodes with individual data points ( i. e. unsummarized daily/ weekly monitoring or EPA's 3 5 day sampling episodes.) For TSS, the facility with the median of mean concentrations ( 307a) did provide individual data, so EPA used this data to develop the LTAs and Vfs for the final limitations and standards. For BOD 5, the facility with the median of mean concentrations ( 133) did not provide individual data points ( only summarized monthly average data), therefore, EPA selected the facility whose median was closest to the median value but that also provided individual data. For BOD 5, this facility is again 307a, so EPA used this data to develop the LTAs and Vfs for the final limitations and standards Because LTAs are model based, they are not necessarily the same as averages. EPA notes that LTAs for BOD 5 and TSS for facility 307a are just slightly higher than the mean concentrations provided in Table 1 ( i. e. the BOD 5 LTA = 7.98 mg/ L and the TSS LTA = 10.2 mg/ L.) Using the methodology described in Chapter 14 and multiplying the LTA's by the variability factors for facility 307a, the BOD5 daily maximum limit 16 7.98 mg/ L * 3.25 = 26 mg/ L and the monthly average is 7.98 mg/ L * 1.96 = 16 mg/ L. The TSS daily maximum limit is 10.2 mg/ L * 2.94 = 30 mg/ L and the monthly average is 10.2 * 1.87 = 20 mg/ L. These limit numbers have all been rounded up to the nearest integer.


[Federal Register: September 21, 2009 (Volume 74, Number 181)]
[Notices]
[Page 48116-48117]
[DOCID:fr21se09-89]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60662; File No. SR-BX-2009-053]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing of Proposed Rule Change To Amend IM-2110-4 To Reflect Changes to
a Corresponding FINRA Rule

September 11, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 1, 2009, 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, II, and III 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 is filing this proposed rule change to amend BX Equity
Rule IM-2110-4 to reflect recent changes to a corresponding rule of the
Financial Industry Regulatory Authority (``FINRA''). BX will implement
the proposed rule change thirty days after the date of the filing. The
text of the proposed rule change is available at http://
nasdaqomxbx.cchwallstreet.com, at the Exchange's principal office, and
at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The 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
    Many of the Equity Rules adopted by BX in conjunction with its
resumption of the trading of cash equities are based on rules of FINRA
(formerly the National Association of Securities Dealers (``NASD'')).
During 2008, FINRA embarked on an extended process of moving rules
formerly designated as ``NASD Rules'' into a consolidated FINRA
rulebook. In most cases, FINRA has renumbered these rules, and in some
cases has substantively amended them. Accordingly, BX also proposes to
initiate a process of modifying its rulebook to ensure that BX rules
corresponding to FINRA/NASD rules continue to mirror them as closely as
practicable. In some cases, it will not be possible for the rule
numbers of BX rules to mirror corresponding FINRA rules, because
existing or planned BX rules make use of those numbers. However,
wherever possible, BX plans to update its rules to reflect changes to
corresponding FINRA rules.
    This filing addresses BX IM-2110-04, which bars trading ahead of
research reports and which formerly corresponded to NASD IM-2110-04. In
SR-FINRA-2008-054,\4\ FINRA redesignated that rule as FINRA Rule 5280
and made substantive amendments to strengthen and simplify the rule.
Notably, the amended FINRA rule requires FINRA members to establish,
maintain and enforce policies and procedures reasonably designed to
restrict or limit the flow of information between research department
personnel or other persons with knowledge of the content or timing of a
research report, and trading department personnel. Such policies and
procedures had formerly been recommended but not required. BX is
adopting the new FINRA rule in full (with minor modifications to
reflect limits on its jurisdiction to regulate non-Exchange conduct),
but is continuing to designate its rule as IM-2110-04 in order to
maintain the 5000 Series of the BX Equity Rules for possible future
use.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 59254 (January 15,
2009), 74 FR 4271 (January 23, 2009) (SR-FINRA-2008-054).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and with
Sections 6(b)(5) of the Act,\6\ in particular, in that the proposal 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 regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The proposed
changes will conform BX Equity Rule IM-2110-04 to recent changes made
to a corresponding FINRA rule, to promote application of consistent
regulatory standards.
---------------------------------------------------------------------------

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

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

    The Exchange does not believe that the proposed rule change will
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: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \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).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2009-053 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2009-053. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of 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 publicly available. All
submissions should refer to File Number SR-BX-2009-053 and should be
submitted on or before October 13, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-22682 Filed 9-18-09; 8:45 am]

BILLING CODE 8010-01-P