77059 Federal Register / Vol. 67, No. 241 / Monday, December 16, 2002 / Notices DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [ Project No. 2852   015]

New York State Electric & Gas Corporation, New York; Notice of Availability of Environmental Assessment December 11, 2002. In accordance with the National Environmental Policy Act of 1969, as amended, and the Federal Energy Regulatory Commission's ( Commission) regulations, 18 CFR part 380 ( Order No. 486, 52 FR 47897), the Office of Energy projects staff have reviewed the application for a nonpower license for the Keuka Hydroelectric Project, located between Waneta Lake and Lamoka Lake impoundments, and Keuka Lake in Steuben and Schuyler Counties, New York and have prepared an Environmental Assessment ( EA) for the project. The EA contains the staff's analysis of the potential environmental effects of the proposed action by the applicant, the proposed action with additional staff recommended measures, and no action. A copy of the EA is available for review in the public Reference Branch, Room 2   A, of the Commission's office at 888 First Street, NE., Washington, DC 20426. The EA may also be viewed on the web at http:// www. ferc. gov using the `` FERRIS'' link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at FERCOnlineSupport@ ferc. gov or tollfree at ( 866) 208   3676, or for TTY, contact ( 202) 502   8659. Any comments should be filed within 30 days from the date of this notice and addressed to Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please affix `` Keuka Hydroelectric Project, FERC No. 2852   015'' to all comments. Comments may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001( a)( 1)( iii) and the instructions on the Commission's Web site under the `` e Filing'' link. The Commission strongly encourages electronic filings. For further information, contact Patti Leppert at ( 202) 502   6034 or by E mail at patricia. leppert@ ferc. gov.

Magalie R. Salas, Secretary. [ FR Doc. 02   31597 Filed 12   13   02; 8: 45 am]

BILLING CODE 6717   01   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2002   0334; FRL   7283   5]

Exposure Modeling Work Group; Notice of Public Meeting AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: The Exposure Modeling Work Group ( EMWG) will hold a 1   day meeting on December 17, 2002. This notice announces the location and time for the meeting and sets forth the tentative agenda topics. DATES: The meeting will be held on Tuesday, December 17, 2002, from 9 a. m. to 3 p. m. ADDRESSES: The meeting will be held at the Office of Pesticide Programs ( OPP), Environmental Protection Agency, Crystal Mall # 2, Room 311, 1921 Jefferson Davis Hwy., Arlington, VA. FOR FURTHER INFORMATION CONTACT: Michael R. Barrett, Environmental Fate and Effects Division ( 7507C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   6391; fax number: ( 703) 308   6309; email address: barrett. michael@ epa. gov. 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 particular interest to those persons who are or may be required to conduct testing of chemical substances under the Toxic Substances Control Act ( TSCA), the Federal Food, Drug, and Cosmetic Act ( FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA). Since other entities may also 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 the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2002   0334. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crstal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. Background The Exposure Modeling Workgroup meets on a roughly quarterly interval to discuss current issues in modeling pesticide fate, transport, and exposure to pesticides in support of risk assessments in a regulatory context.

III. How Can I Request to Participate in this Meeting?

You may submit a request to participate in this meeting to the person listed under FOR FURTHER INFORMATION CONTACT.

IV. Tentative Agenda This unit provides tentative agenda topics for the 1   day meeting. 1. Welcome and introductions. 2. Old action items.

3. Brief Updates   EPA's pesticide root zone model/ exposure analysis modeling system ( PRZM/ EXAMS) model.   Spray drift task force progress.   Rice modeling.   European union activities.   United States Department of Agriculture ( USDA) agricultural research service activities.

VerDate 0ct< 31> 2002 15: 13 Dec 13, 2002 Jkt 200001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 16DEN1. SGM 16DEN1 77060 Federal Register / Vol. 67, No. 241 / Monday, December 16, 2002 / Notices   Environmental fate data base.   New meteorological files.   Turf umbrella.   WARP model.

4. Major Topics   EFED water quality priorities for FY 2003  themes for 2003.   European Union activities: FOCUS ground water and surface water assessment methods, mitigation measures and processes for refining risk assessments.   Prospective ground water data base  data reporting and formatting issues.   USDA research service  efforts to address needs of regulators in their pesticide mitigation and modeling research, results of recent workshop.

List of Subjects Environmental protection, Pesticides and pests.

Dated: December 10, 2002. Steven Bradbury, Director, Environmental Fate and Effects Division, Office of Pesticide Programs. [ FR Doc. 02   31613 Filed 12   12   02; 9: 03 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2002   0072; FRL   7284   9]

Certain New Chemicals; Receipt and Status Information AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: Section 5 of the Toxic Substances Control Act ( TSCA) requires any person who intends to manufacture ( defined by statute to include import) a new chemical ( i. e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5( d)( 2) and 5( d)( 3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice ( PMN) or an application for a test marketing exemption ( TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from November 2, 2002 to November 19, 2002, consists of the PMNs pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. DATES: Comments identified by the docket ID number OPPT   2002   0072 and the specific PMN number or TME number, must be received on or before January 15, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Acting Director, Environmental Assistance Division, Office of Pollution Prevention and Toxics ( 7408M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 554   1404; e mail address: TSCAHotline epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

This action is directed to the public in general. As such, the Agency has not attempted to describe the specific entities that this action may apply to. Although others may be affected, this action applies directly to the submitter of the premanufacture notices addressed in the action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT   2002   0072. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102 Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is ( 202) 566   1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566   0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the VerDate 0ct< 31> 2002 15: 13 Dec 13, 2002 Jkt 200001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 16DEN1. SGM 16DEN1


Table 2 Annual Respondent Burden and Cost  Average, Trading and Banking Program for On Highway Engine Manufacturers Hours and cost per application Total hours and cost Information Collection Activity Mgr/ eng/ tec@

$ 75/ hr clerical@

$ 38/ hr Respon.

hr/ yr Labor Cost / yr Capital Startup Cost O & M Cost( 1) Number of Respon. Total hr/ yr Total Cost/ yr Precertification activities 40 5 45 3,190 0 0 12 540 38,280 Submit AB & T info with cert application 15 2 17 1,201 0 0 12 204 14,412 Gather Information regardingpoint of first retail sale 160 24 184 12,912 0 0 12 2,208 154,944 Develop and submit end

ofyear report 35 5 40 2,815 0 0 12 480 33,780 Develop and submit final reports 30 5 35 2,440 0 0 12 420 29,280 Recordkeeping( 2) 8 4 12 752 0 0 12 144 9,024 Totals 288 45 333 23,310 0 0 12 3,996 279,720 Total for the industry N/ A N/ A N/ A 279,720 0 0 12 3,996 279,720 ( 1) There no O & M Costs associated to this program other than those already associated to certification ( See Table 1).

( 2) Numbers reflect one activity done four times in a year.


[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Notices]
[Pages 38960-38961]
[FR Doc No: 2019-16953]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14795-002]

Shell Energy North America (US), L.P.; Notice of Availability of
Draft Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for license for the Hydro Battery Pearl Hill
Pumped Storage Project, which would be located on Rufus Woods Lake,
near Bridgeport, Douglas County, Washington and has prepared a Draft
Environmental Assessment (DEA) for the project. The project would be
located on state lands except for the lower reservoir and power
generation and pumping equipment which would be located on Rufus Woods
Lake, a reservoir operated by the U.S. Army Corps of Engineers (Corps).
The Corps, a cooperating agency for the preparation of this
environmental assessment, is reviewing Shell's project for permits it
would issue under Sections 10 and 14 of the Rivers and Harbors act of
1899 and Section 404 of the Clean Water Act.
    The DEA contains staff's analysis of the potential environmental
impacts of the project and concludes that licensing the project, with
appropriate environmental protective measures, would not constitute a
major federal action that would significantly affect the quality of the
human environment.
    A copy of the DEA is available for review 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, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY).
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Any comments should be filed within 30 days from the date of this
notice.
    Comments may be filed electronically via the internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's website
(http://www.ferc.gov/docs-filing/ferconline.asp) under the eFiling
link. The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support. In lieu of electronic
filing, please send a paper copy to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426. The
first page of any filing should include docket number P-14795-002.
    The Commission anticipates issuing the final EA by November 2019.

    For further information, contact Ryan Hansen at<PHONE_NUMBER> or
at<EMAIL_ADDRESS>
    Dated: August 2, 2019..
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-16953 Filed 8-7-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 82 (Thursday, April 28, 2022)]
[Notices]
[Pages 25267-25268]
[FR Doc No: 2022-09111]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0327; FRL-9777-01-OCSPP]

Pesticide Program Dialogue Committee; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Pursuant to the Federal Advisory Committee Act, the
Environmental Protection Agency's (EPA's) Office of Pesticide Programs
is announcing a virtual public meeting of the Pesticide Program
Dialogue Committee (PPDC) on May 25 and 26, 2022, with participation by
webcast only. There will be no in-person gathering for this meeting.

DATES: Virtual meeting: The virtual meeting will be held on Wednesday,
May 25, 2022, from 11:00 a.m. to approximately 5:00 p.m., and Thursday,
May 26, 2022, from 11 a.m. to approximately 5:00 p.m.
    Oral comments: Requests to make oral comments during the virtual
meeting should be provided when you register for the meeting through
the link provided in ADDRESSES, or by emailing Shannon Jewell at
[email protected], by noon on Tuesday, May 17, 2022.
    Accommodations requests: To request accommodation of a disability,
please contact the person listed under FOR FURTHER INFORMATON CONTACT,
preferably at least 10 days prior to the meeting, to give EPA as much
time as possible to process your request.

ADDRESSES: To find a link to register for the meeting, please visit
https://www.epa.gov/pesticide-advisory-committees-and-regulatory-partners/pesticide-program-dialogue-committee-ppdc.

FOR FURTHER INFORMATION CONTACT: Shannon Jewell, Designated Federal
Officer (DFO) for the PPDC, Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave NW (7101M), Washington, DC
20460; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you work in in
agricultural settings or if you are concerned about implementation of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7
U.S.C. 136 et seq.); the Federal Food, Drug, and Cosmetic Act (FFDCA)
(21 U.S.C. 301 et seq.); the Pesticide Registration Improvement Act
(PRIA) (which amends FIFRA section 33); and the Endangered Species Act
(ESA) (16 U.S.C. 1531 et seq.). Potentially affected entities may
include but are not limited to: Agricultural workers and farmers;
pesticide industry and trade associations; environmental, consumer, and
farm worker groups; pesticide users and growers; animal rights groups;
pest consultants; state, local, and tribal governments; academia;
public health organizations; and the public. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

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

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2022-0327, is available online at https://www.regulations.gov.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is open to visitors by
appointment only. For the latest status information on EPA/DC services
and docket access, visit https://www.epa.gov/dockets.

II. Background

    The PPDC is a federal advisory committee chartered under the
Federal Advisory Committee Act (FACA) (5 U.S.C. appendix 2). EPA
established the PPDC in September 1995 to provide policy advice,
information and recommendations to the EPA Administrator through the
Director of the Office of Pesticide Programs, Office of Chemical Safety
and Pollution Prevention. The PPDC provides a public forum to discuss a
wide variety of pesticide regulatory developments and reform
initiatives, evolving public policy and program implementation issues
associated with evaluating and reducing risks from the use of
pesticides. The EPA will consider candidates from the following
sectors: Environmental/public interest and animal rights groups; farm
worker organizations; pesticide industry and trade associations;
pesticide user, grower, and commodity groups; federal

and state/local/tribal governments; the general public; academia; and
public health organizations.

III. How do I participate in the virtual public meeting?

A. Virtual Meeting

    The virtual meeting will be conducted via webcast. To register,
please visit https://www.epa.gov/pesticide-advisory-committees-and-regulatory-partners/pesticide-program-dialogue-committee-ppdc to find a
link to register for the meeting. Instructions for joining the meeting
will be sent via email to those that register for the meeting.

B. Oral Comments

    Requests to make brief oral comments to the PPDC during the virtual
meeting should be submitted when registering for the meeting online or
by emailing the Designated Federal Officer, listed under FOR FURTHER
INFORMATION CONTACT on or before noon on the date set in the DATES
section.
    Authority: 5 U.S.C. appendix 2 et seq. and 7 U.S.C. 136 et seq.

    Dated: April 19, 2022.
Edward Messina,
Director, Office of Pesticide Programs.
[FR Doc. 2022-09111 Filed 4-27-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 8, 2008 (Volume 73, Number 5)]
[Rules and Regulations]
[Page 1273-1274]
[DOCID:fr08ja08-5]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2007-0185]

Drawbridge Operation Regulations; Norwalk River, Norwalk, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of the
Washington Street S136 Bridge, across the Norwalk River, mile 0.0, at
Norwalk, Connecticut. This deviation allows the bridge owner to open
only one of the two moveable spans for bridge openings between January
2, 2008 and March 31, 2008. Vessels that require a full two-span bridge
opening will be required to provide at least a twelve-hour advance
notice by calling the bridge operator at<PHONE_NUMBER>. This deviation
is necessary to facilitate scheduled bridge maintenance.

DATES: This deviation is effective from January 2, 2008 through March
31, 2008.

ADDRESSES: Materials referred to in this document are available for
inspection or copying at the First Coast Guard District, Bridge Branch
Office, One South Street, New York, New York, 10004, between 7 a.m. and
3 p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>. The First Coast Guard District Bridge Branch
Office maintains the public docket for this temporary deviation.

FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First
Coast Guard District, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Washington Street S136 Bridge, across
the Norwalk River, mile 0.0, at Norwalk, Connecticut, has a vertical
clearance in the closed position of 9 feet at mean high water and 16
feet at mean low water. The existing regulations are listed at 33 CFR
117.217(a).
    The owner of the bridge, Connecticut Department of Transportation,
requested a temporary deviation to facilitate scheduled structural
maintenance and painting at the bridge.
    In order to perform the structural and bridge painting operations,
one of the two moveable spans must remain in the closed position in
order to erect paint containment and perform the required bridge
maintenance.

    Under this temporary deviation the Washington Street S136 Bridge
across the Norwalk River, mile 0.0, at Norwalk, Connecticut, need open
only one of the two moveable spans for bridge openings from January 2,
2008 through March 31, 2008. Vessels requiring a full two-span bridge
opening may do so provided that they give at least a twelve-hour
advance notice to the bridge operator by calling<PHONE_NUMBER>.
    Should the bridge maintenance authorized by this temporary
deviation be completed before the end of the effective period published
in this notice, the Coast Guard will rescind the remainder of this
temporary deviation, and the bridge shall be returned to its normal
operating schedule. Notice of the above action shall be provided to the
public in the Local Notice to Mariners and the Federal Register, where
practicable.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: December 27, 2007.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
 [FR Doc. E8-104 Filed 1-7-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: March 16, 2006 (Volume 71, Number 51)]
[Notices]
[Page 13643-13645]
[DOCID:fr16mr06-89]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53439; File No. SR-ISE-2006-11]

Self-Regulatory Organizations; International Securities Exchange,
Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to ISE Rule 1100(g) ``Exercise of Options Contracts''

March 7, 2006.
    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 February 13, 2006, the International Securities Exchange, Inc.
(``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
On March 3, 2006, the ISE filed Amendment No. 1 to the proposed rule
change.\3\ The ISE filed the proposal as a ``non-controversial''
proposed rule change pursuant to section 19(b)(3)(A) of the Act \4\ and
Rule 19b-4(f)(6) thereunder,\5\ which renders it effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 clarified that the Exchange is requesting
that the Commission waive the 5-day pre-filing notice requirement
and the 30-day operative delay period and made certain other minor
clarifying changes.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE, pursuant to section 19(b)(1) of the Act \6\ and Rule 19b-4
thereunder,\7\ proposes to amend ISE Rule 1100(g) ``Exercise of Options
Contracts'' to add two additional minutes within which one may deliver
a contrary exercise advice (``CEA'') \8\ or an Advice Cancel to the
Exchange. The proposal is intended to conform ISE Rule 1100(g) to a
recent change in the closing time for equity options and narrow-based
index options

from 4:02 p.m. to 4 p.m. (EST).\9\ The text of the proposed rule change
is available on the ISE's Web site (http://www.iseoptions.com), at the

ISE's principal office, and at the Commission's Public Reference Room.
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    \6\ 15 U.S.C. 78s(b)(1).
    \7\ 17 CFR 240.19b-4.
    \8\ A CEA is a communication either to not exercise an option
that would be automatically exercised pursuant to the Options
Clearing Corporation's (``OCC'') Exercise-by-Exception (``Ex-by-
Ex'') procedure, or to exercise an option that would not be
automatically exercised pursuant to the OCC's Ex-by-Ex procedure.
    \9\ See Securities Exchange Act Release No. 53248 (February 7,
2006), 71 FR 8015 (February 15, 2006) (approving SR-ISE-2005-58,
which amended ISE Rule 700, so that equity options and narrow-based
index options may trade until 4 p.m. instead of 4:02 p.m. (EST)).
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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 proposal. The text of these
statements may be examined at the places specified in Item IV below.
The ISE has prepared summaries, set forth in sections A, B, and C
below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed amendment to ISE Rule 1100(g) is to
change the time for delivering a CEA or Advice Cancel to conform to the
new trading hours for equity options and narrow-based index options.
    The Exchange recently submitted a proposed rule change to amend ISE
Rule 700 to modify the close of the normal trading hours in options on
individual stocks and options on narrow-based indexes from 4:02 p.m. to
4 p.m. (EST).\10\ However, that filing did not address the change that
is the subject of the instant filing. Specifically, the Exchange
proposes to amend ISE Rule 1100(g) in order for the rule to be
consistent with respect to the new hours of trading in equity options
and narrow-based index options. Accordingly, the Exchange is proposing
to change all references to 28 minutes in ISE Rule 1100(g) to 30
minutes to reflect the 2 minutes change in the closing time for options
on individual stocks and options on narrow-based indexes. According to
the Exchange, the proposed rule change, as amended, is based on a
proposed rule change submitted by the Pacific Exchange, Inc., which was
recently approved by the Commission.\11\
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    \10\ See Securities Exchange Act Release No. 53248 (February 7,
2006), 71 FR 8015 (February 15, 2006) (order granting accelerated
approval of SR-ISE-2005-58).
    \11\ See Securities Exchange Act Release No. 53249 (February 7,
2006), 71 FR 8035 (February 15, 2006) (order granting accelerated
approval of SR-PCX-2005-138).
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2. Statutory Basis
    The Exchange believes that the proposed rule change, as amended, is
consistent with section 6(b) of the Act \12\ in general, and furthers
the objectives of section 6(b)(5) of the Act \13\ in particular,
because it is designed to promote just and equitable principles of
trade, to remove impediments to and perfect the mechanism of a free and
open market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 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, as
amended, will impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

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

    The ISE has neither solicited nor received comments on the proposed
rule change, as amended.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date on which it was filed, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change, as amended, has become effective
pursuant to section 19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6)
thereunder.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative prior to 30-days after the date of filing.
However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The ISE has asked the Commission to
waive the 30-day operative delay and the 5-day pre-filing requirement.
The Commission believes that waiving the 30-day operative delay and the
5-day pre-filing requirement is consistent with the protection of
investors and the public interest because such waiver will allow the
ISE to immediately clarify its rule and conform it to the industry-wide
close of trading times now in effect. Accelerating the operative date
will allow for a more efficient and effective market operation by
offering clarity and internal consistency with existing ISE rules. For
these reasons, the Commission designates the proposed rule change, as
amended, as effective and operative immediately upon filing with the
Commission.\17\
---------------------------------------------------------------------------

    \16\ Id.
    \17\ For the purposes only of waiving the 30-day operative date
of this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60-days after the filing of the amended proposed
rule change, the Commission may summarily abrogate the 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.\18\
---------------------------------------------------------------------------

    \18\ The effective date of the original proposed rule change is
February 13, 2006 and the effective date of the amendment is March
3, 2006. For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change, as
amended, under Section 19(b)(3)(C) of the Act, the Commission
considers the period to commence on March 3, 2006, the date on which
the Exchange submitted Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-ISE-2006-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2006-11. This file
number should be included on the

subject line if e-mail is used. To help the Commission process and
review your comments more efficiently, please use only one method. The
Commission will post all comments on the Commission's Internet Web site
(http://www.sec.gov/rules/sro.shtml). Copies of the submission, all

subsequent amendments, all written statements with respect to the
proposed rule change that are filed with the Commission, and all
written communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room. Copies of such filing also will be available for
inspection and copying at the principal office of the ISE. 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-ISE-2006-11 and should be
submitted on or before April 6, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-3788 Filed 3-15-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Notices]
[Pages 36012-36017]
[FR Doc No: 2017-16208]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81228; File No. SR-NYSEMKT-2017-43]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Change To Adopt Transaction Fees in
Connection With the Exchange's Transition to a Fully-Automated Cash
Equities Market

July 27, 2017.
    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 July 19, 2017, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') 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 adopt transaction fees in connection with
the Exchange's transition to a fully-automated cash equities market.
The Exchange proposes to implement the rule change on July 24, 2017.
The proposed change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    On January 29, 2015, the Exchange announced the implementation of
Pillar, which is an integrated trading technology platform designed to
use a single specification for connecting to the equities and options
markets operated by the Exchange and its affiliates, NYSE Arca, Inc.
(``NYSE Arca'') and New York Stock Exchange LLC (``NYSE'').\4\ NYSE
Arca Equities, Inc. (``NYSE Arca Equities),\5\ which operates the cash
equities trading platform for NYSE Arca, was the first trading system
to migrate to Pillar.\6\
---------------------------------------------------------------------------

    \4\ See Trader Update dated January 29, 2015, available here:
https://www.nyse.com/trader-update/history#13517.
    \5\ NYSE Arca Equities is a wholly-owned corporation of NYSE
Arca and operates as a facility of NYSE Arca.
    \6\ NYSE Arca filed four rule proposals in connection with the
NYSE Arca implementation of Pillar. See Securities Exchange Act
Release Nos. 74951 (May 13, 2015), 80 FR 28721 (May 19, 2015)
(Notice) and 75494 (July 20, 2015), 80 FR 44170 (July 24, 2015) (SR-
NYSEArca-2015-38) (Approval Order of NYSE Arca Pillar I Filing,
adopting rules for Trading Sessions, Order Ranking and Display, and
Order Execution); Securities Exchange Act Release Nos. 75497 (July
21, 2015), 80 FR 45022 (July 28, 2015) (Notice) and 76267 (October
26, 2015), 80 FR 66951 (October 30, 2015) (SR-NYSEArca-2015-56)
(Approval Order of NYSE Arca Pillar II Filing, adopting rules for
Orders and Modifiers and the Retail Liquidity Program); Securities
Exchange Act Release Nos. 75467 (July 16, 2015), 80 FR 43515 (July
22, 2015) (Notice) and 76198 (October 20, 2015), 80 FR 65274
(October 26, 2015) (SR-NYSEArca-2015-58) (Approval Order of NYSE
Arca Pillar III Filing, adopting rules for Trading Halts, Short
Sales, Limit Up-Limit Down, and Odd Lots and Mixed Lots); and
Securities Exchange Act Release Nos. 76085 (October 6, 2015), 80 FR
61513 (October 13, 2015) (Notice) and 76869 (January 11, 2016), 81
FR 2276 (January 15, 2016) (SR-NYSEArca-2015-86) (Approval Order of
NYSE Arca Pillar IV Filing, adopting rules for Auctions).
---------------------------------------------------------------------------

    To effect its transition to Pillar, the Exchange adopted the rule
numbering framework of the NYSE Arca Equities, Inc. (``NYSE Arca
Equities'') rules for Exchange cash equities trading on the Pillar
trading platform.\7\ The Exchange's trading rules for cash equity
trading on Pillar are based on the trading rules of NYSE Arca
Equities.\8\ As described in the Trading Rules Filing, with Pillar, the
Exchange will transition its cash equities trading platform from a
Floor-based market with a parity allocation model to a fully automated
price-time priority allocation model that trades all NMS Stocks.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 79242 (November 4,
2016), 81 FR 79081 (November 10, 2016) (SR-NYSEMKT-2016-97) (Notice
and Filing of Immediate Effectiveness of Proposed Rule Change) (the
``Framework Filing''). The rules applicable to cash equities trading
on Pillar are denoted with the letter ``E''. Additionally, the
Exchange filed a proposed rule change to support Exchange trading of
securities listed on other national securities exchanges on an
unlisted trading privileges basis, including Exchange Traded
Products (``ETP'') listed on other exchanges. See Securities
Exchange Act Release No. 79400 (November 25, 2016), 81 FR 86750
(December 1, 2016) (SR-NYSEMKT-2016-103) (Notice) (the ``ETP Listing
Rules Filing'').
    \8\ See Securities Exchange Act Release Nos. 80590 (May 4,
2017), 82 FR 21843 (May 10, 2017) (Approval Order) and 79993
(February 9, 2017), 82 FR 10814 (February 15, 2017) (SR-NYSEMKT-
2017-01) (Notice) (``Trading Rules Filing''). The Exchange also has
established market maker obligations when trading on the Pillar
trading platform. See Securities Exchange Act Release No. 80577 (May
2, 2017), 82 FR 21446 (May 8, 2017) (SR-NYSEMKT-2017-04) (Approval
Order) (``DMM Obligations Filing''). In addition, the Exchange will
introduce a delay mechanism on Pillar that will add the equivalent
of 350 microseconds of latency to inbound and outbound order
messages. See Securities Exchange Act Release Nos. 80700 (May 16,
2017), 82 FR 23381 (May 22, 2017) (SR-NYSEMKT-2017-05) (Approval
Order) and 79998 (February 9, 2017), 82 FR 10828 (February 15, 2017)
(SR-NYSEMKT-2017-05) (Notice).
---------------------------------------------------------------------------

    In connection with this transition, the Exchange proposes to amend
its Price List to adopt a new pricing model for trading on the Pillar
platform.
    The proposed changes would apply to transactions executed in all
trading sessions in securities priced at or above and below $1.00.
    The Exchange proposes to implement these changes effective July 24,
2017.
Proposed Rule Change
    The Exchange proposes the following transaction fees for trading on
its Pillar trading platform.
    The Exchange also proposes to add the following legend immediately
before those current fees and credits in the

current fee schedule that would no longer be applicable when trading on
the Pillar platform begins: ``The following Fees and Credits are not
Applicable to Trading on the Pillar Trading Platform.'' The Exchange
believes that the proposed legend would clarify which fees and credits
in the current fee schedule would not be applicable to trading on the
Pillar platform, and thus promote transparency regarding which rules
would govern trading on the Exchange once it transitions to Pillar.
General Information Applicable to the Price List
    The Exchange proposes to summarize general information applicable
to fees for the Pillar trading platform in three bullets under the
first heading in the Price List titled ``Pillar Trading Platform.''
    The first bullet would provide that rebates are indicated by
parentheses.
    The second bullet would provide that, for purposes of determining
transaction fees and credits based on requirements based on quoting
levels, average daily volume (``ADV''), and consolidated ADV
(``CADV''), the Exchange may exclude shares traded any day that (1) the
Exchange is not open for the entire trading day and/or (2) a disruption
affects an Exchange system that lasts for more than 60 minutes during
regular trading hours. The second proposed bullet would reproduce the
language in footnote 6 of the current Price List.
    Finally, the Exchange would state that Electronic Designated Market
Maker (``eDMM'') \9\ liquidity credits based on quoting in Exchange-
listed securities in the current month will include scheduled early
closing days but will not include days involving one or both of the
events described in proposed bullet two described above. Once again,
the language on the third proposed bullet would reproduce language in
footnote 7 of the current Price List.
---------------------------------------------------------------------------

    \9\ See note 10, infra.
---------------------------------------------------------------------------

Transaction Fees
    The Exchange proposes the following transactions fees for all
transactions other than transactions by an eDMM in securities assigned
to an eDMM under heading I titled ``Transaction Fees (other than for
Transactions by an eDMM in Securities Assigned to an eDMM)'':
Liquidity Adding Displayed Order Fees
    The Exchange does not propose to charge a fee for executions on the
Exchange of displayed orders that add liquidity to the Exchange. The
proposal would apply to securities priced at or above $1.00 as well as
below $1.00.
Liquidity Adding Non-Displayed Order Fees
    For securities priced at or above $1.00, the Exchange proposes to
charge $0.0002 per share for executions on the Exchange of non-
displayed orders that add liquidity to the Exchange.
    For securities priced below $1.00, the Exchange proposes to charge
0.25% of the total dollar value of the transaction for executions on
the Exchange of non-displayed orders that add liquidity to the
Exchange.
Liquidity Removing Order Fees
    The Exchange proposes to charge $0.0002 per share for securities
priced at or above $1.00 and 0.25% of the total dollar value of the
transaction for securities priced below $1.00 for all executions on the
Exchange that remove liquidity from the Exchange. As noted below, the
same fees would apply to eDMM transactions that remove liquidity from
the Exchange.
Executions at the Open and Close
    For securities priced at or above $1.00 as well as below $1.00, the
Exchange proposes to charge a fee of $0.0005 per share for executions
at the open and close.
eDMM Fees and Credits
    Following the transition to Pillar, Exchange DMMs will be
electronic access only,\10\ and the Exchange proposes to refer to them
as ``eDMMs'' in the Price List and in this Filing. The Exchange
proposes new fees and credits applicable to eDMM on transactions in
securities assigned to the eDMM under heading II in the Price List
titled ``Fees and Credits Applicable to eDMMs on Transactions in
Securities Assigned to an eDMM.''
---------------------------------------------------------------------------

    \10\ See DMM Obligations Filing, 82 FR at 21446. In addition,
because DMMs in Pillar will not be Floor-based individuals who
operate within a DMM unit of a member organization, the Exchange
will not assign securities at the natural person level and will not
require DMMs to facilitate the opening, reopening, or closing of
assigned Exchange-listed securities. Further, the DMM rules do not
entitle e-DMMs to a parity allocation of executions, and also would
not subject DMMs to heightened capital requirements. Finally, DMMs
would continue to be subject to rules governing allocation of
securities and combination of DMM units. See generally id. The
registration and obligations of DMMs are set forth in Rule 7.24E.
---------------------------------------------------------------------------

    Immediately below the new proposed heading, the Exchange proposes
to summarize certain general information applicable to eDMM fees and
credits in three introductory bullets.
    The first bullet would provide that, unless an eDMM qualifies for a
higher rebate, eDMMs in NYSE American \11\-listed securities will
receive the specified rebates based on the specified quoting
requirement for securities at or above $1.00.
---------------------------------------------------------------------------

    \11\ Effective on or before July 24, 2017, the Exchange's name
will change to NYSE American LLC. The Exchange has filed to amend,
among other documents, the Price List to reflect the name change.
See Securities Exchange Act Release No. 80283 (March 21, 2017), 82
FR 15244 (March 21, 2017). Because the proposed amendments to the
Price List described in this proposed rule change will be effective
after the Exchange changes its name, the Exchange proposes to
reflect the new name in the proposed Price List.
---------------------------------------------------------------------------

    The second bullet would define ``Core Trading Hours'' to mean the
hours of 9:30 a.m. Eastern Time through 4:00 p.m. Eastern Time or such
other hours as may be determined by the Exchange from time to time. The
proposed bullet is consistent with Rule 1.1E(j), which defines ``Core
Trading Hours.''
    Finally, the third bullet would provide that, for each eDMM to
qualify for the specified credits, each eDMM must meet the heightened
quoting obligations set forth in Rule 7.24E(c).\12\
---------------------------------------------------------------------------

    \12\ Rule 7.24E(c) describes the obligations of DMMs on the
Pillar Trading Platform and provides that, in addition to meeting
the Market Maker obligations set forth in Rule 7.23E, DMMs are
required to maintain a bid or an offer at the National Best Bid and
National Best Offer (``NBBO'' or ``inside'') at least 25% of the day
as measured across all Exchange-listed securities that have been
assigned to the DMM. Rule 7.24E(c) further provides that time at the
inside is calculated as the average of the percentage of time the
DMM unit has a bid or offer at the inside and that orders entered by
the DMM that are not displayed would not be included in the inside
quote calculation.
---------------------------------------------------------------------------

    The Exchange proposes three new subheadings A through C setting
forth eDMM transaction fee and credits, eDMM monthly credits, and
market data revenue.
Transaction Fees and Credits
    Beneath a new subheading A titled ``Transaction Fees and Credits,''
the Exchange would summarize eDMM fees and credits for transactions
that (1) add liquidity to the Exchange, (2) remove liquidity from the
Exchange, and (3) for executions at the open and close of trading, as
follows:
    For transactions in securities with a price at or above $1.00, the
Exchange proposes a rebate to eDMMs of $0.0045 per share for displayed
transactions that add liquidity to the Exchange.
    The Exchange does not propose to charge for non-displayed
transactions that add liquidity to the Exchange in securities with a
price at or above $1.00.
    For transactions in securities with a price below $1.00, the
Exchange proposes a rebate of .25% of total dollar value for displayed
transactions that add liquidity to the Exchange.

    The Exchange does not propose to charge for non-displayed
transactions that add liquidity to the Exchange in securities with a
price below $1.00.
    The Exchange does not propose to charge for executions at the open
and close for securities priced at or above $1.00 as well as below
$1.00.
    The Exchange proposes to charge $0.0002 per share for securities
priced at or above $1.00 and 0.25% of the total dollar value of the
transaction for securities priced below $1.00 for all eDMM executions
on the Exchange that remove liquidity from the Exchange.
Monthly Credits
    Beneath a new subheading B titled ``Monthly Credits,'' the Exchange
proposes that, in addition to the current rate on transactions, the
Exchange would provide additional per security credits for eDMMs if
certain requirements are met.
    First, the Exchange proposes a $100 per security credit in a month
that a security is assigned to the eDMM for securities whose CADV
during the previous month would be less than 50,000 shares per day and
for which the eDMM quotes at the NBBO at least 25% of the time during
Core Trading Hours for that symbol in that month. The credit would be
prorated to the number of trading days in a month that a security is
assigned to the eDMM.
    Second, in addition to the current rate on transactions and the
$100 monthly credit, the Exchange proposes to provide a $500 per
security credit in a month that a security is assigned to an eDMM, for
each security for which the eDMM quotes at the NBBO at least 25% of the
time during Core Trading Hours for that symbol in that month up to a
maximum of 20 symbols per month per eDMM.
Market Data Revenue
    Under new heading C titled ``Market Data Revenue,'' the Exchange
proposes that, for securities with a trading price either at, above or
below $1.00, each eDMM would receive all of the market data quote
revenue (the ``Quoting Share'') in their assigned securities received
by the Exchange from the Consolidated Tape Association under the
Revenue Allocation Formula of Regulation NMS in any month in which the
eDMM quotes at the NBBO at least 25% of time during Core Trading Hours.
Routing Fees for All ETP Holders
    Under new heading III titled ``Fees for Routing for all ETP
Holders,'' the Exchange proposes the following fees for routing, which
would be applicable to all orders that are routed, including orders
from eDMMs in their assigned NYSE American-listed securities.
    For executions in securities with a price at or above $1.00 that
route to and execute on Away Markets,\13\ the Exchange proposes to
charge a fee of $0.0016 per share for executions in an Away Market
auction, and a fee of $0.0030 for all other executions.
---------------------------------------------------------------------------

    \13\ The term ``Away Market'' is defined in Rule 1.1E(ff) to
mean any exchange, alternative trading system (``ATS'') or other
broker-dealer (1) with which the Exchange maintains an electronic
linkage, and (2) that provides instantaneous responses to orders
routed from the Exchange.
---------------------------------------------------------------------------

    For securities priced below $1.00 that route to and execute on Away
Markets, the Exchange proposes to charge a fee of 0.30% of the total
dollar value of the transaction for executions in an Away Market
auction as well as all other executions.
Off-Hours Trading Facility
    Following the transition to Pillar, trading on the Exchange's Off-
Hours Trading Facility will be governed by Rule 7.39E for trading in
aggregate-price coupled orders, which is also known as ``Crossing
Session II.'' The Exchange currently charges a fee of $0.0004 per share
for multiple stock aggregate priced buy and sell orders in Crossing
Session II. Fees for such executions are currently capped at $100,000
per month per member organization.
    The Exchange proposes to retain this fee structure without any
substantive differences for aggregate-price coupled orders executed in
the Off-Hours Trading Facility described in Rule 7.39E. Because such
trading would be pursuant to a Pillar rule, the Exchange proposes to
set forth the fee under a new heading IV titled ``Fees for Off-Hours
Trading Facility'' in the proposed Price List and omit any reference to
Crossing Session II.

Port Fees

    Under proposed new heading V titled ``Port Fees,'' the Exchange
proposes fees for the use of ports that (1) that provide connectivity
to the Exchange's trading systems (i.e., ports for entry of orders and/
or quotes (``order/quote entry ports'')), and (2) allow for the receipt
of ``drop copies'' of order or transaction information (``drop copy
ports'' and, together with order/quote entry ports, ``ports'').\14\
---------------------------------------------------------------------------

    \14\ Firms receive confirmations of their orders and receive
execution reports via the order/quote entry port that is used to
enter the order or quote. A ``drop copy'' contains redundant
information that a firm chooses to have ``dropped'' to another
destination (e.g., to allow the firm's back office and/or compliance
department, or another firm--typically the firm's clearing broker--
to have immediate access to the information). Drop copies can only
be sent via a drop copy port. Drop copy ports cannot be used to
enter orders and/or quotes.
---------------------------------------------------------------------------

    For order/quote entry ports, the Exchange proposes to charge $250
per port per month. The fee would apply to all market participants. The
Exchange proposes not to charge for order/quote entry ports until
October 1, 2017. Thereafter, the Exchange proposes to implement the
$250 per port per month fee.
    Similarly, the Exchange proposes to charge $250 per drop copy port
per month. The fee would apply to all market participants.
Additionally, the Exchange proposes to specify that only one fee per
drop copy port would apply, even if the port receives drop copies from
multiple order/quote entry ports.
    The Exchange proposes not to charge for drop copy ports until
October 1, 2017. Thereafter, the Exchange proposes to implement the
$250 per port per month fee.

Equity Trading Permit (``ETP'') Fee

    The Exchange proposes a new heading VI titled ``ETP Fee.'' The
Exchange does not propose to charge a fee to obtain an ETP.\15\
---------------------------------------------------------------------------

    \15\ See Rule 1.1E(m) (definition of ETP).
---------------------------------------------------------------------------

* * * * *
    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any problems that member
organizations 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,\16\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\17\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(4) & (5).
---------------------------------------------------------------------------

Transaction Fees

Liquidity Adding Displayed Order Fees
    The Exchange believes that not charging a fee for liquidity adding
displayed orders would encourage price discovery and enhance market
quality by encouraging more competitive pricing of displayed orders.
The Exchange believes that not charging a fee for liquidity adding
displayed orders is equitable and not unfairly discriminatory because
it is designed to facilitate execution of, and enhance

trading opportunities for, displayable orders, thereby further
incentivizing entry of displayed orders on the Exchange.
Liquidity Adding Non-Displayed Order Fees
    The Exchange believes that charging $0.0002 per share for
securities priced at or above $1.00 and 0.25% of the total dollar value
of the transaction for securities priced below $1.00 for executions on
the Exchange of non-displayed orders that add liquidity to the Exchange
is reasonable and not unfairly discriminatory because the proposed rate
would be lower than the fee charged by other exchanges.\18\ The
Exchange further believes that the proposed fee increase is equitable
and not unfairly discriminatory because it would apply to all non-
displayed orders that add liquidity to the Exchange.
---------------------------------------------------------------------------

    \18\ IEX, for instance, charges a fee of $0.0009 per share for
providing non-displayed liquidity for securities priced at or above
$1.00 and 0.30% of TDVT (i.e., the total dollar value of the
transaction calculated as the execution price) for securities below
$1.00. See Investors Exchange Fee Schedule 2017, available at
https://www.iextrading.com/trading/fees/.
---------------------------------------------------------------------------

Liquidity Removing Order Fees
    The Exchange believes that charging $0.0002 per share for
securities priced at or above $1.00 and 0.25% of the total dollar value
of the transaction for securities priced below $1.00 for executions on
the Exchange that remove liquidity, including eDMM transactions, is
reasonable and consistent with the Act. The Exchange notes that the
proposed fees are less than the comparable fees on other exchanges.\19\
---------------------------------------------------------------------------

    \19\ For example, IEX charges a fee of $0.0009 per share for
taking non-displayed liquidity for securities priced at or above
$1.00 and 0.30% of TDVT (for securities below $1.00. See Investors
Exchange Fee Schedule 2017, available at https://www.iextrading.com/trading/fees/.
---------------------------------------------------------------------------

Executions at the Open and Close
    The Exchange believes that charging $0.0005 per share for
executions at the open and close for all securities would encourage
order flow to maintain the quality of the Exchange's closing auctions
for the benefit of all market participants. The Exchange's closing
auction is a recognized industry benchmark,\20\ and member
organizations receive a substantial benefit from the Exchange in
obtaining high levels of executions at the Exchange's closing price on
a daily basis.
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    \20\ For example, the pricing and valuation of certain indices,
funds, and derivative products require primary market prints.
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eDMM Fees and Credits

Transaction Fees and Credits
    The Exchange believes that the proposed rebate of $0.0045 per share
for eDMM displayed transactions that add liquidity to the Exchange in
securities with a price at or above $1.00 and the proposed rebate of
.25% of total dollar value for eDMM displayed transactions that add
liquidity to the in securities with a price below $1.00 are reasonable
and not unfairly discriminatory. To qualify for the proposed adding
liquidity, monthly and market data credits, each eDMM must satisfy the
heightened quoting obligation in for eDMMs in Rule 7.24E(c), which
requires the eDMM to maintain a bid or an offer at the NBBO at least
25% of the day as measured across all Exchange-listed securities that
have been assigned to the eDMM. The Exchange believes that the proposed
rebates based on the heightened quoting obligations in Rule 7.24E(c)
would encourage additional displayed liquidity on the Exchange in
Exchange-listed securities. Further, the Exchange believes that the
proposed rebates are equitably allocated and not unfairly
discriminatory because they would apply equally to all eDMMs.
    Further, the Exchange believes that not charging eDMMs for non-
displayed transactions that add liquidity to the Exchange in all
securities is reasonable and not unfairly discriminatory because it
would encourage additional non-displayed liquidity on the Exchange in
Exchange-listed securities. The Exchange believes that not charging
eDMMs for adding non-displayed liquidity is not unfairly discriminatory
because it would apply equally to all eDMMs. In addition, eDMMs have
higher quoting obligations than other market participant, which
contributes to price discovery and benefits all market participants. As
such, it is equitable and not unfairly discriminatory to offer eDMMs
fees that are relatively lower than other market participants that do
not have such obligations.
    The Exchange believes that not charging eDMMs for executions at the
open or close in all securities does not constitute an inequitable
allocation of dues, fees and other charges as it provides the eDMMs
appropriate incentives to act as liquidity providers and would support
them in performing their market making function in the Exchange's new
automated price-time priority allocation market model on Pillar.
Monthly Credits
    The Exchange believes that the proposed $100 per security credit
and the proposed prorating is reasonable in light of lower trading
volumes in the applicable securities relatively [sic] to those
securities that have a consolidated ADV of less than 50,000 shares. The
Exchange believes it is appropriate to prorate the rebate to the number
of trading days because it would provide a nexus between, and directly
tie, the rebate paid to a eDMM and the number of trading days for which
an eDMM has regulatory responsibility for a stock pursuant to Rule
7.24E(c). The Exchange also believes that the proposal is equitable and
not unfairly discriminatory because all eDMMs would be treated the
same. The Exchange believes that the proposed additional $500 per
security credit is reasonable and not unfairly discriminatory for the
same reasons.
Market Data Revenue
    The Exchange believes that the proposed DMM quoting requirement at
the NBBO at least 25% of the time during Core Trading Hours in order to
receive in each applicable security 100% of the Quoting Share is
reasonable because the proposed requirement would improve quoting and
increase adding liquidity across thinly traded securities where there
may be fewer liquidity providers. Moreover, the requirement is
equitable and not unfairly discriminatory because it would apply
equally to all eDMMs. The Exchange notes that the Quoting Share is in
addition to the eDMM rebate for providing liquidity and the monthly
credit payable to eDMMs for securities with an ADV of less than 50,000
shares during the billing month.
Routing Fees
    The Exchange believes that its proposed routing fees are a
reasonable and not an unfairly discriminatory allocation of fees
because the fee would be applicable to all ETP Holders in an equivalent
manner. Moreover, the proposed fees for routing shares are also
reasonable and not unfairly discriminatory because they are consistent
with fees charged on other exchanges. In particular, the Exchange's
proposal to charge a fee of $0.0016 per share for executions that route
to and execute on Away Market auctions in securities priced at or above
$1.00 is reasonable and not unfairly discriminatory because it is
consistent with fees charged on other exchanges.\21\
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    \21\ For example, the NASDAQ Stock Market (``NASDAQ'') charges a
rate of $0.0016 per executed share for Tier F. See NASDAQ Fee
Schedule at http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2.

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    The proposal to charge $0.0030 for all other executions in
securities priced at or above $1.00 that route to and execute on Away
Market auctions is reasonable and not unfairly discriminatory because
it is consistent with fees charged on other exchanges.\22\
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    \22\ For example, NASDAQ charges a rate of $0.0030 to remove
liquidity for shares executed at or above $1.00. See NASDAQ Fee
Schedule at http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2.
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    Finally, the proposal to charge a fee of 0.30% of total dollar
value for transactions in securities with a price under $1.00 are
reasonable and not unfairly discriminatory because it is consistent
with fees charged on other exchanges.\23\
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    \23\ NASDAQ, for example, charges a fee of 0.30% (i.e. 30 basis
points) of total dollar volume to remove liquidity for shares
executed below $1.00. See NASDAQ Fee Schedule at http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2.
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Off-Hours Trading Facility
    The Exchange believes that retaining the current fee structure for
off-hours aggregate-price coupled orders in Pillar without substantive
change and moving the fee to the new Pillar section of the Price List
utilizing updated references is reasonable because the proposed changes
are designed to provide greater specificity and clarity to the Price
List, reduce potential confusion, and make the Exchange's rules easier
to navigate, thereby removing impediments to and perfecting the
mechanism of a free and open market and a national market system, and,
in general, protecting investors and the public interest.
Port Fees
    The Exchange believes that the proposed rates for order/quote entry
ports and drop copy ports are reasonable because the fees charged for
both types of ports are expected to permit the Exchange to offset, in
part, its connectivity costs associated with making such ports
available, including costs based on software and hardware enhancements
and resources dedicated to gateway development, quality assurance, and
support. The proposed port fees are also reasonable because the
proposed fees are comparable to the rates charged by other venues, and
in some cases are less expensive than many of the Exchange's
competitors.\24\
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    \24\ For example, NASDAQ charges $575 for order entry ports and
$550 for DROP ports. See NASDAQ Fee Schedule at http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2#connectivity.
Also, BZX charges $550 per month per pair for logical ports.
Additionally, EDGA and EDGX each charge $550 per port per month.
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    The Exchange believes that the proposed fee for order/quote entry
ports is equitable and not unfairly discriminatory because charges for
order/entry ports being [sic] will be based on the number of ports
utilized. This aspect of the proposed rule change is also equitable and
not unfairly discriminatory because it will apply on an equal basis for
all ports on the Exchange. The Exchange also believes that these
changes to the fees are equitable and not unfairly discriminatory
because they would apply to all users of order/quote entry ports on the
Exchange.
    The Exchange believes that the proposed fee for drop copy ports is
reasonable because it will result in a fee being charged for the use of
technology and infrastructure provided by the Exchange. In this regard,
the Exchange believes that the rate is reasonable because it is
comparable to the rate charged by other exchanges for drop copy
ports.\25\
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    \25\ See note 24, supra.
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    The Exchange also believes that it is reasonable that only one fee
per drop copy port would apply, even if the port receives drop copies
from multiple order/quote entry ports, because the purpose of drop
copies is such that a trading unit's or a firm's entire order and
execution activity is captured. The Exchange believes that the proposed
new fee for drop copy ports is equitable and not unfairly
discriminatory because it will apply on an equal basis to all users of
drop copy ports and to all drop copy ports on the Exchange. In this
regard, all firms will be able to request drop copy ports, as would be
the case with order/quote entry ports.
ETP Fee
    The Exchange believes that not charging member organization [sic] a
fee to obtain an ETP on the Exchange is reasonable because it may
incentivize broker-dealers to become Exchange member organizations and
to direct order flow to the Exchange, which benefits all market
participants through increased liquidity and enhanced price discovery.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent [sic]

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

    In accordance with Section 6(b)(8) of the Act,\26\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the Exchange believes that the proposed
changes would encourage the submission of additional liquidity to a
public exchange, thereby promoting price discovery and transparency and
enhancing order execution opportunities for member organizations. The
Exchange believes that this could promote competition between the
Exchange and other execution venues, including those that currently
offer similar order types and comparable transaction pricing, by
encouraging additional orders to be sent to the Exchange for execution.
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    \26\ 15 U.S.C. 78f(b)(8).
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    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees and rebates to remain competitive with other exchanges and
with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. As a result of all of these considerations, the
Exchange does not believe that the proposed changes will impair the
ability of member organizations or competing order execution venues to
maintain their competitive standing in the financial markets.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \27\ of the Act and subparagraph (f)(2) of Rule
19b-4 \28\ thereunder, because it establishes a due,

fee, or other charge imposed by the Exchange.
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    \27\ 15 U.S.C. 78s(b)(3)(A).
    \28\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \29\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \29\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2017-43 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2017-43. 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, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-NYSEMKT-2017-43 and should
be submitted on or before August 23, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
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    \30\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-16208 Filed 8-1-17; 8:45 am]
 BILLING CODE 8011-01-P