[Federal Register: October 29, 2007 (Volume 72, Number 208)]
[Notices]
[Page 61210-61211]
[DOCID:fr29oc07-118]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Reports, Forms and Record Keeping Requirements Agency Information
Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501, et seq.), this notice announces that the Information
Collection Request (ICR) abstracted below has been forwarded to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes the nature of the information collections and their expected
burden. The Federal Register Notice with a 60-day comment period was
published on June 21, 2007 [72 FR 34348].

DATES: Comments must be submitted on or before November 28, 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck at the National
Highway Traffic Safety Administration, Office of International Policy,
Fuel Economy and Consumer Programs, 1200 New Jersey Avenue, SE., West
Building, Room W43-443, Washington, DC 20590. Ms. Mazyck's telephone
number is<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

National Highway Traffic Safety Administration

    Title: 49 CFR Part 583-Automobile Parts Content Labeling.
    OMB Number: 2127-0573.

    Type of Request: Request for public comment on a previously
approved collection of information.
    Abstract: Part 583 establishes requirements for the disclosure of
information relating to the countries of origin of the equipment of new
passenger motor vehicles. This information will be used by NHTSA to
determine whether manufacturers are complying with the American
Automobile Labeling Act (49 U.S.C. 32304). The American Automobile
Labeling Act requires all new passenger motor vehicles (including
passenger cars, certain small buses, all light trucks and multipurpose
passenger vehicles with a gross vehicle weight rating of 8,500 pounds
or less), to bear labels providing information about domestic and
foreign content of their equipment. With the affixed label on the new
passenger motor vehicles, it serves as an aid to potential purchasers
in the selection of new passenger motor vehicles by providing them with
information about the value of the U.S. Canadian and foreign parts of
each vehicle, the countries of origin of the engine and transmission,
and the site of the vehicle's final assembly.
    NHTSA anticipates approximately 22 vehicle manufacturers will be
affected by these reporting requirements. NHTSA does not believe that
any of these 22 manufacturers are a small business (i.e., one that
employs less than 500 persons) since each manufacturer employs more
than 500 persons. Manufacturers of new passenger motor vehicles,
including passenger cars, certain small buses, and light trucks with a
gross vehicle weight rating of 8,500 pounds or less, must file a report
annually.
    Affected Public: Vehicle manufacturers.
    Estimated Total Annual Burden: NHTSA estimates that the vehicle
manufacturers will incur a total annual reporting hour and cost burden
of 2,522 hours and $2,467,300. The amount includes annual burden hours
incurred by multi-stage manufacturers and motor vehicle equipment
suppliers.
    There is an increase in the annual reporting and recordkeeping hour
burden from 47,918 to 55,484 because the number of respondents
increased from 20 to 22. There is an increase in annual reporting and
recordkeeping cost burden from 2,130,850 to 2,467,300 because there
will be more responses. The hour burden and cost burden published in
the Federal Register are different due to errors in the preliminary
information provided.

ADDRESSES: Send comments, within 30 days, to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725-17th
Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer.
    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 Departments 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. A comment to OMB is most effective if OMB
receives it within 30 days of publication.

    Issued on: October 22, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E7-21141 Filed 10-26-07; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Notices]
[Page 36156-36160]
[DOCID:fr25jn08-138]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57987; File No. S7-966]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Notice of Filing and Order Approving and Declaring
Effective an Amendment to the Plan for the Allocation of Regulatory
Responsibilities Among the American Stock Exchange, LLC, the Boston
Stock Exchange, Inc., the Chicago Board Options Exchange, Incorporated,
the International Securities Exchange, LLC, Financial Industry
Regulatory Authority, Inc., the New York Stock Exchange, LLC, the NYSE
Arca, Inc., The NASDAQ Stock Market, LLC, and the Philadelphia Stock
Exchange, Inc

June 18, 2008.
    Notice is hereby given that the Securities and Exchange Commission
(``Commission'') has issued an Order, pursuant to Section 17(d) of the
Securities Exchange Act of 1934 (``Act''),\1\ approving and declaring
effective an amendment to the plan for allocating regulatory
responsibility filed pursuant to Rule 17d-2 of the Act,\2\ by the
American Stock Exchange, LLC (``Amex''), the Boston Stock Exchange,
Inc. (``BSE''), the Chicago Board Options Exchange, Incorporated
(``CBOE''), the International Securities Exchange, (``ISE''), Financial
Industry Regulatory Authority, Inc. (``FINRA''), The NASDAQ Stock
Market LLC (``NASDAQ''), the New York Stock Exchange LLC (``NYSE''),
NYSE Arca, Inc. (``NYSE Arca''), and the Philadelphia Stock Exchange,
Inc. (``Phlx'') (collectively, ``SRO participants'').
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    \1\ 15 U.S.C. 78q(d).
    \2\ 17 CFR 240.17d-2.
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I. Introduction

    Section 19(g)(1) of the Act,\3\ among other things, requires every
self-regulatory organization (``SRO'') registered as either a national
securities exchange or national securities association to examine for,
and enforce compliance by, its members and persons associated with its
members with the Act, the rules and regulations thereunder, and the
SRO's own rules, unless the SRO is relieved of this responsibility
pursuant to Section 17(d) \4\ or Section 19(g)(2) \5\ of the Act.
Without this relief, the statutory obligation of each individual SRO
could result in a pattern of multiple examinations of broker-dealers
that maintain memberships in more than one SRO (``common members'').
Such regulatory duplication would add unnecessary expenses for common
members and their SROs.
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    \3\ 15 U.S.C. 78s(g)(1).
    \4\ 15 U.S.C. 78q(d).
    \5\ 15 U.S.C. 78s(g)(2).
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    Section 17(d)(1) of the Act \6\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\7\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
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    \6\ 15 U.S.C. 78q(d)(1).
    \7\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
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    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\8\ Rule 17d-1 authorizes the
Commission

to name a single SRO as the designated examining authority (``DEA'') to
examine common members for compliance with the financial responsibility
requirements imposed by the Act, or by Commission or SRO rules.\9\ When
an SRO has been named as a common member's DEA, all other SROs to which
the common member belongs are relieved of the responsibility to examine
the firm for compliance with the applicable financial responsibility
rules. On its face, Rule 17d-1 deals only with an SRO's obligations to
enforce member compliance with financial responsibility requirements.
Rule 17d-1 does not relieve an SRO from its obligation to examine a
common member for compliance with its own rules and provisions of the
federal securities laws governing matters other than financial
responsibility, including sales practices and trading activities and
practices.
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    \8\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \9\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
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    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\10\ Rule 17d-2 permits
SROs to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for notice and comment, it determines that the plan is
necessary or appropriate in the public interest and for the protection
of investors, to foster cooperation and coordination among the SROs, to
remove impediments to, and foster the development of, a national market
system and a national clearance and settlement system, and is in
conformity with the factors set forth in Section 17(d) of the Act.
Commission approval of a plan filed pursuant to Rule 17d-2 relieves an
SRO of those regulatory responsibilities allocated by the plan to
another SRO.
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    \10\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
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II. The Plan

    On September 8, 1983, the Commission approved the SRO participants'
plan for allocating regulatory responsibilities pursuant to Rule 17d-
2.\11\ On May 23, 2000, the Commission approved an amendment to the
plan that added the ISE as a participant.\12\ On November 8, 2002, the
Commission approved another amendment that replaced the original plan
in its entirety and, among other things, allocated regulatory
responsibilities among all the participants in a more equitable
manner.\13\ On February 5, 2004, the parties submitted an amendment to
the plan, primarily to include the BSE, which was establishing a new
options trading facility to be known as the Boston Options Exchange
(``BOX''), as an SRO participant.\14\ On December 5, 2007, the parties
submitted an amendment to the plan to, among other things, provide that
the National Association of Securities Dealers (``NASD'') (n/k/a the
Financial Industry Regulatory Authority, Inc. or ``FINRA'') and NYSE
are Designated Options Examining Authorities under the plan.\15\ On
December 27, 2007, the parties submitted an amendment to the plan,
primarily to add NASDAQ as an SRO participant and to reflect the name
change of NASD to FINRA.\16\
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    \11\ See Securities Exchange Act Release No. 20158 (September 8,
1983), 48 FR 41256 (September 14, 1983).
    \12\ See Securities Exchange Act Release No. 42816 (May 23,
2000), 65 FR 34759 (May 31, 2000).
    \13\ See Securities Exchange Act Release No. 46800 (November 8,
2002), 67 FR 69774 (November 19, 2002).
    \14\ See Securities Exchange Act Release No. 49197 (February 5,
2004), 69 FR 7046 (February 12, 2004).
    \15\ See Securities Exchange Act Release No. 55532 (March 26,
2007), 72 FR 15729 (April 2, 2007).
    \16\ See Securities Exchange Act Release No. 57481 (March 12,
2008), 73 FR 15571 (March 14, 2008).
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    The plan reduces regulatory duplication for a large number of firms
currently members of two or more of the SRO participants by allocating
regulatory responsibility for certain options-related sales practice
matters to one of the SRO participants. Generally, under the current
plan, the SRO participant responsible for conducting options-related
sales practice examinations of a firm, and investigating options-
related customer complaints and terminations for cause of associated
persons of that firm, is known as the firm's ``Designated Options
Examining Authority'' (``DOEA''). Pursuant to the current plan, any
other SRO of which the firm is a member is relieved of these
responsibilities during the period in which the firm is assigned to
another SRO acting as that firm's DOEA.

III. Proposed Amendment to the Plan

    On June 5, 2008, the parties submitted a proposed amendment to the
plan. The primary purpose of the amendment is to remove the NYSE as a
Designated Options Examining Authority (``DOEA''), leaving FINRA as the
sole DOEA for all common members that are members of FINRA. The amended
plan replaces the previous agreement in its entirety. The text of the
proposed amended 17d-2 plan is as follows (additions are italicized;
deletions are [bracketed]):\17\
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    \17\ The parties have not proposed any changes to Exhibit A of
the plan. The full text of Exhibit A may be found in Release No. 34-
57481. See supra note 16 (citing to Release No. 34-57481).
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* * * * *
    Agreement by and among the American Stock Exchange, LLC, the Boston
Stock Exchange, Inc., the Chicago Board Options Exchange, Inc., the
International Securities Exchange, LLC, Financial Industry Regulatory
Authority, Inc., the New York Stock Exchange, LLC, the NYSE Arca Inc.,
The NASDAQ Stock Market, LLC, and the Philadelphia Stock Exchange,
Inc., Pursuant to Rule 17d-2 under the Securities Exchange Act of 1934.
    This agreement (``Agreement''), by and among the American Stock
Exchange, LLC, the Boston Stock Exchange, Inc., the Chicago Board
Options Exchange, Inc., the International Securities Exchange, LLC,
Financial Industry Regulatory Authority, Inc. (``FINRA''), The NASDAQ
Stock Market, LLC (``NASDAQ''), the New York Stock Exchange, LLC
(``NYSE''), the NYSE Arca, Inc., and the Philadelphia Stock Exchange,
Inc., hereinafter collectively referred to as the Participants, is made
this 5th [27th] day of June [December], 2008[7], pursuant to the
provisions of Rule 17d-2 under the Securities Exchange Act of 1934 (the
``Exchange Act''), which allows for plans among self-regulatory
organizations to allocate regulatory responsibility. This Agreement
shall be administered by a committee known as the Options Self-
Regulatory Council (the ``Council'').
    This Agreement amends and restates the agreement entered into among
the Participants on December 27[1], 2007[6], entitled ``Agreement by
and among the American Stock Exchange, LLC, the Boston Stock Exchange,
Inc., the Chicago Board Options Exchange, Inc., the International
Securities Exchange, LLC, Financial Industry Regulatory Authority,
Inc., [National Association of Securities Dealers, Inc.,] the New York
Stock Exchange, LLC, the NYSE Arca Inc., the NASDAQ Stock Market LLC,
and the Philadelphia Stock Exchange, Inc., Pursuant to Rule 17d-2 under
the Securities Exchange Act of 1934.''
    Whereas, the Participants are desirous of allocating regulatory
responsibilities with respect to broker-dealers, and persons associated
therewith, that are members [dagger]1 of more than one
Participant

(the ``Common Members'') and conduct a public business for compliance
with Common Rules (as hereinafter defined) relating to the conduct by
broker-dealers of accounts for listed options, index warrants, currency
index warrants and currency warrants (collectively, ``Covered
Securities''); and
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    \[dagger]1\In the case of the Boston Stock Exchange, Inc., and
NASDAQ members are those persons who are options participants (as
defined in the BOX and NASDAQ Options Market Rules).
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    Whereas, the Participants are desirous of executing a plan for this
purpose pursuant to the provisions of Rule 17d-2 and filing such plan
with the Securities and Exchange Commission (``SEC'' or the
``Commission'') for its approval;
    Now, therefore, in consideration of the mutual covenants contained
hereafter, the Participants agree as follows:
    I. As used herein the term Designated Options Examining Authority
(``DOEA'') shall mean: (1) FINRA [and NYSE] insofar as it [each] shall
perform Regulatory Responsibility (as hereinafter defined) for its
broker-dealer members that also are members of another Participant[,
and allocated to it in accordance with the terms hereof.] or (2) [T]the
Designated Examination Authority (``DEA'') pursuant to SEC Rule 17d-1
under the Securities Exchange Act (``Rule 17d-1'') for a broker-dealer
that is a member of a more than one Participant (but not a member of [a
DOEA) shall perform the Regulatory Responsibility under the Agreement
as if such DEA were the DOEA] FINRA).
    II. As used herein, the term ``Regulatory Responsibility'' shall
mean the examination and enforcement responsibilities relating to
compliance by [broker-dealers that are members of more than one
Participant (the ``] Common Members ['')] with the rules of the
applicable Participant that are substantially similar to the rules of
the other Participants (the ``Common Rules''), insofar as they apply to
the conduct of accounts for Covered Securities. A list of the current
Common Rules of each Participant applicable to the conduct of accounts
for Covered Securities is attached hereto as Exhibit A. Each year
within 30 days of the anniversary date of the commencement of operation
of this Agreement, each Participant shall submit in writing to [each
DOEA] FINRA and each DEA performing as a DOEA for any members of such
Participant any revisions to Exhibit A reflecting changes in the rules
of the Participant [or DOEAs], and confirm that all other rules of the
Participant listed in Exhibit A continue to meet the definition of
Common Rules as defined in this Agreement. Within 30 days from the date
that [each DOEA] FINRA and each DEA performing as a DOEA has received
revisions and/or confirmation that no change has been made to Exhibit A
from all Participants, [the DOEAs] FINRA and each DEA performing as a
DOEA shall confirm in writing to each Participant whether the rules
listed in any updated Exhibit A are Common Rules as defined in this
Agreement. Notwithstanding anything herein to the contrary, it is
explicitly understood that the term ``Regulatory Responsibility'' does
not include, and each of the Participants shall (unless allocated
pursuant to Rule 17d-2 otherwise than under this Agreement) retain full
responsibility for, each of the following:
    (a) Surveillance and enforcement with respect to trading activities
or practices involving its own marketplace, including without
limitation its rules relating to the rights and obligations of
specialists and other market makers;
    (b) Registration pursuant to its applicable rules of associated
persons;
    (c) Discharge of its duties and obligations as a DEA; and
    (d) Evaluation of advertising, responsibility for which shall
remain with the Participant to which a Common Member submits same for
approval.
    III. Apparent violations of another Participant's rules discovered
by a DOEA, but which rules are not within the scope of the discovering
DOEA's Regulatory Responsibility, shall be referred to the relevant
Participant for such action as the Participant to which such matter has
been referred deems appropriate. Notwithstanding the foregoing, nothing
contained herein shall preclude a DOEA in its discretion from
requesting that another Participant conduct an enforcement proceeding
on a matter for which the requesting DOEA has Regulatory
Responsibility. If such other Participants agree, the Regulatory
Responsibility in such case shall be deemed transferred to the
accepting Participant and confirmed in writing by the Participants
involved. Each Participant agrees, upon request, to make available
promptly all relevant files, records and/or witnesses necessary to
assist another Participant in an investigation or enforcement
proceeding.
    IV. The Council shall be composed of one representative designated
by each of the Participants. Each Participant shall also designate one
or more persons as its alternate representative(s). In the absence of
the representative of a Participant, such alternate representative
shall have the same powers, duties and responsibilities as the
representative. Each Participant may, at any time, by notice to the
then Chair of the Council, replace its representative and/or its
alternate representative on such Council. A majority of the Council
shall constitute a quorum and, unless specifically otherwise required,
the affirmative vote of a majority of the Council members present (in
person, by telephone or by written consent) shall be necessary to
constitute action by the Council. [From time to time, the Council shall
elect one member from the DOEAs to] The representative from FINRA shall
serve as Chair of the Council [and another from the Council to serve as
Vice Chair (to substitute for the Chair in the event of his or her
unavailability at a meeting of the Council)]. All notices and other
communications for the Council shall be sent to it in care of the Chair
or to each of the representatives.
    V. The Council shall determine the times and locations of Council
meetings, provided that the Chair, acting alone, may also call a
meeting of the Council in the event the Chair determines that there is
good cause to do so. To the extent reasonably possible, notice of any
meeting shall be given at least ten business days prior thereto.
Notwithstanding anything herein to the contrary, representatives shall
always be given the option of participating in any meeting
telephonically at their own expense rather than in person.
    VI. FINRA shall have Regulatory Responsibility for all Common
Members that are members of FINRA. For the purpose of fulfilling the
Participants' Regulatory Responsibilities for Common Members that are
not members of FINRA, the Participant that is the DEA shall serve as
the DOEA. [DOEAs shall allocate Common Members that conduct a public
business in Covered Securities among DOEAs from time to time in such
manner as the DOEAs deem appropriate, provided that any such allocation
shall be based on the following principles except to the extent
affected DOEAs consent:
    (a) The DOEAs may not allocate a member to a DOEA unless the member
is a member of that DOEA, nor shall any member be allocated to a
Participant that is not a DOEA or DEA acting as a DOEA.
    (b) To the extent practical and desired by the DOEAs, Common
Members that conduct a public business in Covered Securities shall be
allocated among the DOEAs of which they are members in such manner as
to equalize as nearly as possible the allocation of such Common Members
among such DOEAs.

    (c) To the extent practical and desired by the DOEAs, the
allocation of Common Members shall take into account the amount of
customer activity conducted by each member in Covered Securities such
that Common Members shall be allocated among the DOEAs of which they
are members in such manner as most evenly divides the Common Members
with the largest amount of customer activity among such DOEAs.
    (d) The DOEAs shall make general reallocations of Common Members
from time-to-time, as it deems appropriate.
    (e)] All Participants shall promptly notify the DOEAs no later than
the next scheduled meeting of any change in membership of Common
Members. [Whenever a Common Member ceases to be a member of its DOEA,
that DOEA shall promptly inform the other DOEAs, which will promptly
review the matter and reallocate the Common Member to the extent
practical.
    (f)] A DOEA may request that a Common Member that is allocated to
it be reallocated to another DOEA by giving thirty days written notice
thereof. The DOEAs in their discretion may approve such request and
reallocate such Common Member to another DOEA.
    [(g) All determinations by the DOEAs with respect to allocations,
if there are more than two DOEAs, shall be by the affirmative vote of a
majority of the DOEAs of which such firm is a Common Member, otherwise
by negotiation and consensus.]
    VII. Each DOEA shall conduct an examination of each Common Member
[allocated to it on a cycle not less frequently than agreed upon by all
DOEAs]. The [other] Participants agree that, upon request, relevant
information in their respective files relative to a Common Member will
be made available to the applicable DOEA. At each meeting of the
Council, each DOEA shall be prepared to report on the status of its
examination program for the previous quarter and any period prior
thereto that has not previously been reported to the Council. [In the
event a DOEA believes it will not be able to complete the examination
cycle for its allocated firms, it will so advise the Council. The DOEAs
may undertake to remedy this situation by reallocating selected firms
or lengthening the cycles for selected firms, with the approval of all
other DOEAs.]
    VIII. Each DOEA will promptly furnish a copy of the Examination
report, relating to Covered Securities, of any examination made
pursuant to the provisions of this Agreement to each other Participant
of which the Common Member examined is a member.
    IX. Each DOEA's Regulatory Responsibility shall for each Common
Member allocated to it include investigations into terminations ``for
cause'' of associated persons relating to Covered Securities, unless
such termination is related solely to another Participant's market. In
the latter instance, that Participant to whose market the termination
for cause relates shall discharge Regulatory Responsibility with
respect to such termination for cause. In connection with a DOEA's
examination, investigation and/or enforcement proceeding regarding a
Covered Security-related termination for cause, the other Participants
of which the Common Member is a member shall furnish, upon request,
copies of all pertinent materials related thereto in their possession.
As used in this Section, ``for cause'' shall include, without
limitation, terminations characterized on Form U5 under the label
``Permitted to Resign,'' ``Discharge'' or ``Other.''
    X. Each DOEA shall discharge the Regulatory Responsibility for each
Common Member allocated to it relative to a Covered Securities-related
customer complaint [dagger]2 unless such complaint is
uniquely related to another Participant's market. In the latter
instance, the DOEA shall forward the matter to that Participant to
whose market the matter relates, and the latter shall discharge
Regulatory Responsibility with respect thereto. If a Participant
receives a customer complaint for a Common Member related to a Covered
Security for which the Participant is not the DOEA, the Participant
shall promptly forward a copy of such complaint to the DOEA.
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    \[dagger]2\ For purposes of complaints, they can be reported
pursuant to Form U4, Form U5 or RE-3 and any amendments thereto.
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    XI. Any written notice required or permitted to be given under this
Agreement shall be deemed given if sent by certified mail, return
receipt requested, or by a comparable means of electronic communication
to each Participant entitled to receipt thereof, to the attention of
the Participant's representative on the Council at the Participant's
then principal office or by e-mail at such address as the
representative shall have filed in writing with the Chair.
    XII. The Participants shall notify the Common Members of this
Agreement by means of a uniform joint notice approved by the Council.
    XIII. This Agreement may be amended in writing duly approved by
each Participant.
    XIV. Any of the Participants may manifest its intention to cancel
its participation in this Agreement at any time by giving the Council
written notice thereof at least 90 days prior to the effective date of
such cancellation. Upon receipt of such notice the Council shall
allocate, in accordance with the provisions of this Agreement, any
Common Members for which the petitioning party was the DOEA. Until such
time as the Council has completed the reallocation described above, the
petitioning Participant shall retain all its rights, privileges, duties
and obligations hereunder.
    XV. The cancellation of its participation in this Agreement by any
Participant shall not terminate this Agreement as to the remaining
Participants. This Agreement will only terminate following notice to
the Commission, in writing, by the then Participants that they intend
to terminate the Agreement and the expiration of the applicable notice
period. Such notice shall be given at least six months prior to the
intended date of termination, provided that in the event a notice of
cancellation is received from a Participant that, assuming the
effectiveness thereof, would result in there being just one remaining
member of the Council, notice to the Commission of termination of this
Agreement shall be given promptly upon the receipt of such notice of
cancellation, which termination shall be effective upon the
effectiveness of the cancellation that triggered the notice of
termination to the Commission.
    XVI. [LIMITATION OF LIABLITY]
    No Participant nor the Council nor any of their respective
directors, governors, officers, employees or representatives shall be
liable to any other Participant in this Agreement for any liability,
loss or damage resulting from or claimed to have resulted from any
delays, inaccuracies, errors or omissions with respect to the provision
of Regulatory Responsibility as provided hereby or for the failure to
provide any such Responsibility, except with respect to such liability,
loss or damages as shall have been suffered by one or more of the
Participants and caused by the willful misconduct of one or more of the
other participants or their respective directors, governors, officers,
employees or representatives. No warranties, express or implied, are
made by any or all of the Participants or the Council with respect to
any Regulatory Responsibility to be performed by each of them
hereunder.

    XVII. [RELIEF FROM RESPONSIBILITY]
    Pursuant to Section 17(d)(1)(A) of the Securities Exchange Act of
1934 and Rule 17d-2 promulgated pursuant thereto, the Participants join
in requesting the Securities and Exchange Commission, upon its approval
of this Agreement or any part thereof, to relieve those Participants
which are from time to time participants in this Agreement which are
not the DOEA as to a Common Member of any and all Regulatory
Responsibility with respect to the matters allocated to the DOEA.
* * * * *

IV. Solicitation of Comments

    In order to assist the Commission in determining whether to approve
the 17d-2 plan, interested persons are invited to submit written data,
views, and arguments concerning the foregoing. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/other.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number S7-966 on the subject line.

Paper Comments

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

All submissions should refer to File Number S7-966. 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/other.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed plan that are filed with the
Commission, and all written communications relating to the proposed
plan between the Commission and any person, other than those that may
be withheld from the public in accordance with the provisions of 5
U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of the plan also will be
available for inspection and copying at the principal offices of Amex,
BSE, CBOE, ISE, FINRA, NASDAQ, NYSE, NYSE Arca, and the Phlx. 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 S7-966 and should be submitted
on or before July 16, 2008.

V. Discussion

    The Commission continues to believe that the proposed plan is an
achievement in cooperation among the SRO participants, and will reduce
unnecessary regulatory duplication by allocating to the designated SRO
the responsibility for certain options-related sales practice matters
that would otherwise be performed by multiple SROs. The plan promotes
efficiency by reducing costs to firms that are members of more than one
of the SRO participants. In addition, because the SRO participants
coordinate their regulatory functions in accordance with the plan, the
plan promotes, and will continue to promote, investor protection.
    Under paragraph (c) of Rule 17d-2, the Commission may, after
appropriate notice and comment, declare a plan, or any part of a plan,
effective. In this instance, the Commission believes that appropriate
notice and comment can take place after the proposed amendment is
effective. The primary purpose of the amendment is to make FINRA the
sole DOEA for common members that are members of FINRA. By declaring it
effective today, the amended plan can reflect, without undue delay, the
fact that the NASD and the member regulation functions of the NYSE have
been consolidated, resulting in the transfer of certain regulatory
responsibilities, including regulatory responsibilities under the
amended plan, to FINRA.\18\ The prior version was similarly noticed and
declared effective all in one document. Finally, the Commission does
not believe that the amendment to the plan raises any new regulatory
issues that the Commission has not previously considered.
---------------------------------------------------------------------------

    \18\ See Securities Exchange Act Release No. 56145 (July 27,
2007), 72 FR 42169 (August 1, 2007) (SR-NASD-2007-23).
---------------------------------------------------------------------------

VI. Conclusion

    This order gives effect to the amended plan submitted to the
Commission that is contained in File No. S7-966.
    It is therefore ordered, pursuant to Section 17(d) of the Act,\19\
that the amended plan dated June 5, 2008 by and between the Amex, BSE,
CBOE, ISE, FINRA, NASDAQ, NYSE, NYSE Arca, and Phlx filed pursuant to
Rule 17d-2 is hereby approved and declared effective.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78q(d).
---------------------------------------------------------------------------

    It is further ordered that those SRO participants that are not the
DOEA as to a particular common member are relieved of those regulatory
responsibilities allocated to the common member's DOEA under the
amended plan to the extent of such allocation.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(34).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-14330 Filed 6-24-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Notices]
[Page 56941]
[FR Doc No: 2022-20075]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-2824-000]

Yellow Pine Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Yellow Pine Solar, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 3, 2022.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: September 12, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-20075 Filed 9-15-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Rules and Regulations]
[Pages 28543-28545]
[FR Doc No: 2018-13147]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2018-0077; FRL-9979-61-Region 4]

Air Plan Approval and Air Quality Designation; AL; Redesignation
of the Pike County Lead Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On January 3, 2018, the State of Alabama, through the Alabama
Department of Environmental Management (ADEM), submitted a request for
the Environmental Protection Agency (EPA) to redesignate the Troy 2008
lead Nonattainment Area (``Troy Area'' or ``Area'') to attainment for
the 2008 lead (Pb) National Ambient Air Quality Standards (NAAQS or
standard) and to approve an associated State Implementation Plan (SIP)
revision containing a maintenance plan. The Troy Area is comprised of a
portion of Pike County in Alabama surrounding the Sanders Lead Company
facility (Sanders Lead Facility or Facility). EPA is taking the
following final actions related to the January 3, 2018, redesignation
request and SIP revision: determining that the Troy Area is attaining
the 2008 lead NAAQS; approving the SIP revision containing the State's
maintenance plan for maintaining attainment of the 2008 lead standard;
and redesignating the Troy Area to attainment for the 2008 lead NAAQS.

DATES: This rule is effective July 20, 2018.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0077. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ashten Bailey of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. Bailey may be reached by phone at<PHONE_NUMBER> or via
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 12, 2008 (73 FR 66964), EPA promulgated a revised
primary and secondary lead NAAQS of 0.15 micrograms per cubic meter
([micro]g/m\3\). Under EPA's regulations at 40 CFR part 50, the 2008
lead NAAQS are met when the maximum arithmetic 3-month mean
concentration for a 3-year period, as determined in accordance with
appendix R of 40 CFR part 50, is less than or equal to 0.15 [micro]g/
m\3\. See 40 CFR 50.16. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement.
    EPA designated the Troy Area as a nonattainment area for the 2008
lead NAAQS on November 22, 2010 (75 FR 71033), effective December 31,
2010,

using 2007-2009 ambient air quality data. The Troy Area is comprised of
the portion of Pike County, Alabama, bounded by a 0.8 mile radius from
a center point at latitude 31.78627106 North and longitude 85.97862228
West, which fully includes the Sanders Lead Facility, the only point
source of lead emissions in the Area. EPA's designation established an
attainment date five years after the December 31, 2010, effective date
for the 2008 lead nonattainment designations pursuant to CAA section
172(a)(2)(A). Therefore, the Troy Area's attainment date was December
31, 2015.
    On January 3, 2018, Alabama requested that EPA redesignate the Troy
Area to attainment for the 2008 lead NAAQS and submitted an associated
SIP revision containing a maintenance plan for the Area. In a notice of
proposed rulemaking (NPRM) published on April 13, 2018 (83 FR 16021),
EPA proposed to take three separate but related actions: (1) To
determine that the Troy Area is attaining the 2008 lead NAAQS based on
complete, quality-assured, and certified ambient monitoring data for
the 2014-2016 time period; (2) to approve Alabama's maintenance plan
for maintaining the 2008 lead NAAQS in the Area through the year 2028
and incorporate the plan into the SIP; and (3) to redesignate the Area
to attainment.\1\ No relevant comments were received on the April 13,
2018, proposed rulemaking. The details of Alabama's submittal and the
rationale for EPA's actions are further explained in the NPRM. See 83
FR 16021 (April 13, 2016).
---------------------------------------------------------------------------

    \1\ In the NPRM, EPA noted that 2014-2016 data was the most
recent quality-assured and certified data and that preliminary 2017
data indicated that the Area continued to attain the standard. Since
publication of that document, ADEM certified complete, quality-
assured data for 2017. The 2015-2017 design value for the Area is
0.09 [micro]g/m\3\.
---------------------------------------------------------------------------

II. What are the effects of these actions?

    Approval of Alabama's redesignation request changes the legal
designation of the portion of Pike County, Alabama, that is designated
as nonattainment as the Troy Area, found at 40 CFR 81.301, from
nonattainment to attainment for the 2008 lead NAAQS. Approval of
Alabama's associated SIP revision also incorporates a plan into the SIP
for maintaining the 2008 lead NAAQS in Pike County (the Troy Area),
Alabama, through 2028.

III. Final Action

    EPA is taking a number of final actions regarding Alabama's January
3, 2018, request to redesignate the Troy Area to attainment and
associated SIP revision. First, EPA is determining that the Area is
attaining the 2008 lead NAAQS based on 2014-2016 data. Second, EPA is
approving the maintenance plan for the Area and incorporating it into
the SIP. Third, EPA is approving Alabama's request for redesignation of
the Area from nonattainment to attainment for the 2008 lead NAAQS. As
mentioned above, approval of the redesignation request changes the
official designation of the Troy Area from nonattainment to attainment
for the 2008 lead NAAQS.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these actions merely approve state law as meeting Federal
requirements and do not impose additional requirements beyond those
imposed by state law. For this reason, these actions:
     Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals and redesignations are
exempted under Executive Order 12866;
     do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. These actions are not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 20, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to

enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: June 8, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart B--Alabama

0
2. Section 52.50(e), is amended by adding an entry for ``2008 Lead
Maintenance Plan for the Troy Area'' at the end of the table to read as
follows:

Sec.  52.50   Identification of plan.

* * * * *
    (e) * * *

                                 EPA Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
 Name of  nonregulatory  SIP       geographic or         State submittal     EPA approval  date     Explanation
          provision              nonattainment area   date/effective  date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2008 Lead Maintenance Plan     Troy Area............  1/3/2018............  6/20/2018,..........  ..............
 for the Troy Area.                                                         [Insert Federal
                                                                             Register citation].
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.301, the table entitled ``Alabama--2008 Lead NAAQS'' is
amended under ``Troy, AL:'' by revising the entry for ``Pike County
(part)'' to read as follows:

Sec.  81.301   Alabama.

* * * * *

                        Alabama--2008 Lead NAAQS
------------------------------------------------------------------------
                                     Designation for the 2008 NAAQS \a\
          Designated area          -------------------------------------
                                       Date \1\             Type
------------------------------------------------------------------------
Troy, AL:
    Pike County (part) Area is           6/20/2018  Attainment.
     bounded by a 0.8 mile radius
     from a center point at
     latitude 31.78627106 North
     and longitude 85.97862228
     West, which fully includes
     the Sanders Lead facility.

                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ December 31, 2011 unless otherwise noted.

[FR Doc. 2018-13147 Filed 6-19-18; 8:45 am]
 BILLING CODE 6560-50-P