[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Rules and Regulations]
[Pages 19934-19937]
[FR Doc No: 2012-7963]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0020]
RIN 1625-AA08

Special Local Regulations; Charleston Race Week, Charleston
Harbor, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations on
the waters of Charleston Harbor in Charleston, South Carolina during
Charleston Race Week, a series of sailboat races. The races are
scheduled to take place on Friday, April 20, 2012, through Sunday,
April 22, 2012. Approximately 170 sailboats are anticipated to
participate in the races, and approximately 40 spectator vessels are
expected to attend the event. These special local regulations are
necessary to provide for the safety of life on navigable waters of the
United States during the races. The special local regulations consist
of three race areas. Except for those person and vessels participating
in the sailboat races, persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
race areas unless authorized by the Captain of the Port Charleston or a
designated representative.

DATES: This rule is effective from 9 a.m. on April 20, 2012, through
4:30 p.m. on April 22, 2012. This rule will be enforced daily from 9
a.m. until 4:30 p.m. on April 20, 2012, through April 22, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0020 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0020 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Ensign John Santorum, Sector
Charleston Waterways Management Division, Coast Guard; telephone (843)
740-3184, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
necessary information about the event until February 11, 2012. As a
result, the Coast

Guard did not have sufficient time to publish an NPRM and to receive
public comments prior to the event. Any delay in the effective date of
this rule would be contrary to the public interest because immediate
action is needed to minimize potential danger to the race participants,
participant vessels, spectators, and the general public.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to insure safety of life on navigable waters of the United
States during three Charleston Race Week sailboat races.

Discussion of Rule

    From April 20, 2012 through April 22, 2012, Charleston Ocean Racing
Association will host three sailboat races on Charleston Harbor in
Charleston, South Carolina during Charleston Race Week. Approximately
170 sailboats will be participating in the three races. It is
anticipated that at least 40 spectator vessels will be present during
the races.
    The rule establishes special local regulations on certain waters of
Charleston Harbor in Charleston, South Carolina. The special local
regulations will be enforced daily from 9 a.m. until 4:30 p.m. on April
20, 2012 through April 22, 2012. The special local regulations consist
of the following three race areas.
    1. Race Area #1. All waters encompassed within an 800 yard radius
of position 32[deg]46'39'' N, 79[deg]55'10'' W.
    2. Race Area #2. All waters encompassed within a 900 yard radius of
position 32[deg]45'48'' N, 79[deg]54'46'' W.
    3. Race Area #3. All waters encompassed within a 900 yard radius of
position 32[deg]45'44'' N, 79[deg]53'32'' W.
    Except for those persons and vessels participating in the sailboat
races, persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the race areas unless
specifically authorized by the Captain of the Port Charleston or a
designated representative. Persons and vessels desiring to enter,
transit through, anchor in, or remain within any of the race areas may
contact the Captain of the Port Charleston by telephone at (843)740-
7050, or a designated representative via VHF radio on channel 16, to
request authorization. If authorization to enter, transit through,
anchor in, or remain within the race areas is granted by the Captain of
the Port Charleston or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the Captain of the Port Charleston or a designated representative.
The Coast Guard will provide notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget has not reviewed this rule under
Executive Order 12866.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulations will be enforced
for only 21 hours; (2) although persons and vessels will not be able to
enter, transit through, anchor in, or remain within the regulated areas
without authorization from the Captain of the Port Charleston or a
designated representative, they may operate in the surrounding area
during the enforcement periods; (3) persons and vessels may still
enter, transit through, anchor in, or remain within the regulated areas
if authorized by the Captain of the Port Charleston or a designated
representative; and (5) the Coast Guard will provide advance
notification of the special local regulations to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within the waters of
Charleston Harbor encompassed within the regulated areas from 9:30 a.m.
until 4:30 p.m. daily from April 20, 2012 through April 22, 2012. For
the reasons discussed in the Regulatory Planning and Review section
above, this rule will not have a significant economic impact on a
substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and

determined that this rule does not have implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves special local regulations issued in
conjunction with a regatta or marine parade. Under figure 2-1,
paragraph (34)(h), of the Instruction, an environmental analysis
checklist and a categorical exclusion determination are not required
for this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T07-0020 to read as follows:

Sec.  100.35T07-0020  Special Local Regulations; Charleston Race Week,
Charleston Harbor, Charleston, SC.

    (a) Regulated areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
    (1) Race Area #1. All waters encompassed within an 800 yard radius
of position 32[deg]46'39'' N, 79[deg]55'10'' W.
    (2) Race Area #2. All waters encompassed within a 900 yard radius
of position 32[deg]45'48'' N, 79[deg]54'46'' W.
    (3) Race Area #3. All waters encompassed within a 900 yard radius
of position 32[deg]45'44'' N, 79[deg]53'32'' W.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
    (c) Regulations. (1) Except for those person and vessels
participating in the sailboat races, all persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated areas unless authorized by the Captain
of the Port Charleston or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within any of the regulated areas may contact the Captain
of the Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
any of the regulated areas is granted by the Captain of the Port
Charleston or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement periods. This rule will be enforced daily from 9
a.m. until 4:30 p.m. on April 20, 2012 through April 22, 2012.

    Dated: February 27, 2012.
Michael F. White, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2012-7963 Filed 4-2-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Notices]
[Page 39057]
[FR Doc No: 2013-15472]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Environmental Impact Statement: T.F. Green Airport, Warwick,
Rhode Island

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Availability.

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SUMMARY: The FAA is issuing this notice to advise the public that a
Written Re-Evaluation and Record of Decision (ROD) for an Environmental
Impact Statement has been prepared for Theodore Francis Green Airport
in Warwick, Rhode Island.

FOR FURTHER INFORMATION CONTACT: Richard Doucette, Environmental
Program Manager, Federal Aviation Administration New England, 12 New
England Executive Park, Burlington, MA 01803,<PHONE_NUMBER>, or at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The FAA has issued a Written Re-Evaluation
and Record of Decision, which evaluates an updated noise mitigation
program at Theodore Francis Green Airport in Warwick, Rhode Island. The
Re-Evaluation and ROD is available for review during normal business
hours at the following locations:

FAA New England, 16 New England Executive Park, Burlington MA, 781-238-
7613
Warwick Central Library, 600 Sandy Lane, Warwick, RI,<PHONE_NUMBER>
Warwick Library, Apponaug Branch, 3267 Post Road, Warwick, RI, 401-739-
6411
Warwick Library, Norwood Branch, 328 Pawtuxet Ave., Warwick, RI, 401-
941-7545

Copies of the document can be obtained by contacting Richard Doucette
at<EMAIL_ADDRESS>or<PHONE_NUMBER>. It is also available at
http://www.faa.gov/airports/new_england/.

    Issued on: June 12, 2013.
Richard Doucette,
Environmental Program Manager, Airports Division, FAA New England
Region.
[FR Doc. 2013-15472 Filed 6-27-13; 8:45 am]
BILLING CODE 4910-13-P


MEMORANDUM

DATE:  7/29/15

FROM:  Ken Mitchell/EPA Region 4

TO:   Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

SUBJECT:  Discussion of the Clean Power Plan at the Georgia Institute of Technology

SUMMARY:
REGION 4 PROVIDED INFORMATION ON THE CLEAN POWER PLAN at a Georgia Institute of Technology Climate Change Seminar Series:  Science, Impacts, Technologies and Policy in Atlanta, GA, on
April 22, 2015.  The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.
ATTENDEES:

EPA
Ken Mitchell/EPA R4

External Stakeholders
Marilyn Brown (Facilitator)
 CEPL Director
 Professor, School of Public Policy, Georgia Institute of Technology

Emanuele Massetti
 Assistant Professor, School of Public Policy, Georgia Institute of Technology

Steven Rose
 Senior Project Manager, Electric Power Research Institute

Daniel Rochberg
Adjunct Faculty, Emory University

Approximately 6 Georgia Tech students and faculty (seminar lead is Dr. Marilyn Brown)

ATTACHMENT


[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Page 33802]
[FR Doc No: 2022-11921]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4650-DR; Docket ID FEMA-2022-0001]

Washington; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
State of Washington (FEMA-4650-DR), dated March 29, 2022, and related
determinations.

DATES: The amendment was issued May 17, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident for
this declared disaster has been changed to severe winter storms,
snowstorms, straight-line winds, flooding, landslides, and mudslides.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-11921 Filed 6-2-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: January 30, 2007 (Volume 72, Number 19)]
[Page 4328]
[DOCID:fr30ja07-134]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55004; File No. SR-NYSEArca-2006-33]

Self-Regulatory Organizations; NYSE Arca, Inc; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change to
Trade the iShares[reg] S&P Europe 350 Index Fund Pursuant to Unlisted
Trading Privileges

Correction

    In notice document E6-22445 beginning on page 173 in the issue of
Wednesday, January 3, 2007, make the following correction:
    On page 175, in the first column, in the last line of the first
paragraph, ``January 23, 2007'' should read ``January 24, 2007''.

[FR Doc. Z6-22445 Filed 1-29-06; 8:45 am]

BILLING CODE 1505-01-D


[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Notices]
[Pages 76178-76179]
[FR Doc No: 2013-29903]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold an Open Meeting on December 16, 2013,
at 2:00 p.m., in the Auditorium (L-002) at the Commission's
headquarters building, to

hear oral argument in an appeal by Absolute Potential, Inc. (f/k/a
Absolute Waste Services, Inc.) from an initial decision of an
administrative law judge.
    On February 15, 2012, the law judge found that Absolute Potential,
Inc., an issuer whose common stock is registered pursuant to Section
12(g) of the Securities Exchange Act of 1934, violated Exchange Act
Section 13(a) and Exchange Act Rules 13a-1 and 13a-13 by failing to
file timely quarterly and annual reports for any period after June 30,
2006. The law judge revoked the registration of the company's stock
pursuant to Exchange Act Section 12(j). Absolute filed certain annual
and quarterly reports prior to, as well as after, the issuance of the
law judge's decision.
    Absolute Potential does not appeal the law judge's findings of
violation but, rather, the law judge's determination to revoke its
registration. Exchange Act Section 12(j) authorizes sanctions,
including revocation, for reporting violations where it is ``necessary
or appropriate for the protection of investors.'' Issues likely to be
considered at oral argument include the extent to which, under the
circumstances, sanctions are warranted.
    The duty officer has determined that no earlier notice was
practicable.
    For further information, please contact the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: December 11, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-29903 Filed 12-12-13; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Notices]
[Pages 48354-48356]
[FR Doc No: 2018-20660]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84179; File No. SR-Nasdaq-2018-074]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Eliminate the Market Quality Program (Rule 5950)

September 18, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on September 7, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' 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. The
Commission is publishing this notice to

solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to eliminate the Market Quality Program at
Rule 5950. The text of the proposed rule change is available on the
Exchange's website at http://nasdaq.cchwallstreet.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to eliminate its Market Quality Program
(``MQP'') and delete corresponding Rule 5950. The Exchange established
the MQP in 2013 \4\ to promote market quality in certain securities
listed on Nasdaq (``MQP Securities''), including by providing financial
incentives to market makers in MQP Securities (``MQP Market Makers'')
to maintain certain quoting and liquidity standards for them.
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    \4\ See Securities Exchange Act Release No. 74580 (March 25,
2015), 80 FR 17126 (March 31, 2015) (SR-NASDAQ-2015-025) (reducing
MQP fees to MQP Market Makers).
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    The MQP is designed to be a one year pilot program that is set to
commence if and when certain conditions are satisfied: (i) The
Exchange's acceptance of an MQP Company,\5\ on behalf of an MQP
Security; and (ii) the entry of a relevant MQP Market Maker into the
Program. To date, however, neither of these conditions for the
commencement of the MQP have occurred despite efforts by the Exchange
over time to make the MQP more enticing to market makers.\6\ Because
the MQP has yet to even satisfy the necessary pre-conditions for
launching its pilot period, neither the Exchange nor the Commission has
been able to assess whether or to what extent the Program is
successful.
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    \5\ The term ``MQP Company'' is defined in Rule 5950(e)(5) as
the trust or company housing the Exchange Traded Fund (``ETF'') or,
if the ETF is not a series of a trust or company, then the ETF
itself.
    \6\ See Securities Exchange Act Release No. 69195 (March 20,
2013), 78 FR 18393 (March 26, 2013) (SR-NASDAQ-2012-137) (order
granting approval of Market Quality Program) (SR-NASDAQ-2012-137)
(``MQP order''). See also Securities Exchange Act Release No. 68515
(December 21, 2012), 77 FR 77141 (December 31, 2012) (SR-NASDAQ-
2012-137) (notice of filing Market Quality Program as pilot, with
extensive description of program) (``MQP proposal'').
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    At the Commission's suggestion and pursuant to its general
initiative to end pilot programs that have failed to achieve their
stated objectives, the Exchange is now proposing to eliminate the MQP
and delete Rule 5950, which comprises the Program. The Exchange notes
that it plans to develop a replacement market quality program in the
future that it hopes will be more successful in attracting market maker
interest than the existing Program.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\8\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
The Exchange believes that it is consistent with the Act to eliminate
the MQP because the Exchange has limited resources available to it to
devote to the operation of special programs like MQP and as such, it is
reasonable and equitable for the Exchange to allocate those resources
to those programs that are effective and away from those programs that
are ineffective. The Exchange believes that the objectives of the MQP
would best be served through a re-design of the program at a future
date.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange notes that the MQP
is not and has not ever been utilized and, as such, the elimination of
the Program will have no impact on competition whatsoever.

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

    No written comments were either solicited or received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\11\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19 b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange states that
waiver of the 30-day delayed operative date is consistent with the
protection of investors and the public interest because the MQP program
has never been utilized and there is no reason for such a delay. The
Commission agrees. Accordingly, the Commission hereby waives the 30-day
operative delay and designates the proposed rule change operative upon
filing.\14\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).

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

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-Nasdaq-2018-074 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Nasdaq-2018-074. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-Nasdaq-2018-074, and should be submitted
on or before October 15, 2018.

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

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20660 Filed 9-21-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Page 54815]
[FR Doc No: 2011-22575]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 34b-1, SEC File No. 270-305, OMB Control No. 3235-0346.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    Rule 34b-1 under the Investment Company Act (17 CFR 270.34b-1)
governs sales material that accompanies or follows the delivery of a
statutory prospectus (``sales literature''). Rule 34b-1 deems to be
materially misleading any investment company (``fund'') sales
literature required to be filed with the Securities and Exchange
Commission (``Commission'') by Section 24(b) of the Investment Company
Act (15 U.S.C. 80a-24(b)) that includes performance data, unless the
sales literature also includes the appropriate uniformly computed data
and the legend disclosure required in investment company advertisements
by rule 482 under the Securities Act of 1933 (17 CFR 230.482).
Requiring the inclusion of such standardized performance data in sales
literature is designed to prevent misleading performance claims by
funds and to enable investors to make meaningful comparisons among
funds.
    The Commission estimates that on average 3,525 respondents file
approximately 12,433 responses with the Commission that include the
information required by rule 34b-1 each year. The burden from rule 34b-
1 is estimated to be 2.41 hours per response. The total annual burden
hours for rule 34b-1 is 29,964 hours per year in the aggregate (12,443
responses x 2.41 hours per response).
    The collection of information under rule 34b-1 is mandatory. The
information provided under rule 34b-1 is not kept confidential. The
Commission may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proposed performance of
the functions of the agency, including whether information will have
practical utility; (b) the accuracy of the agency's estimate of the
burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Thomas Bayer, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312; or send an
e-mail to<EMAIL_ADDRESS>
    Dated: August 29, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-22575 Filed 9-1-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Notices]
[Pages 46541-46543]
[FR Doc No: 2012-19000]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67536; File No. SR-NASDAQ-2012-091]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Pilot Period of Amendments to the Clearly Erroneous Rule

July 30, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 24, 2012, The NASDAQ Stock Market LLC (``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 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\ 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 extend the pilot period of recent
amendments to Rule 11890, concerning clearly erroneous transactions, so
that the pilot will now expire on February 4, 2013.
    The text of the proposed rule change is below. Proposed new
language is in italics; proposed deletions are in brackets.
* * * * *

11890. Clearly Erroneous Transactions

    The provisions of paragraphs (C), (c)(1), (b)(i), and (b)(ii) of
this Rule, as amended on September 10, 2010, shall be in effect during
a pilot period set to end on February 4, 2013[July 31, 2012]. If the
pilot is not either extended or approved permanent by February 4,
2013[July 31, 2012], the prior versions of paragraphs (C), (c)(1), and
(b) shall be in effect.
    (a)-(f) No change.
* * * * *

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The self-regulatory organization 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
    On September 10, 2010, the Commission approved, for a pilot period
to end December 10, 2010, a proposed rule change submitted by the
Exchange, together with related rule changes of the BATS Exchange,
Inc., NASDAQ OMX BX, Inc., Chicago Board Options Exchange,
Incorporated, Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX
Exchange, Inc., International Securities Exchange LLC, New York Stock
Exchange LLC, NYSE MKT LLC (formerly, NYSE Amex LLC), NYSE Arca, Inc.,
and National Stock Exchange, Inc., to amend certain of their respective
rules to set forth clearer standards and curtail discretion with
respect to breaking erroneous trades.\3\ The changes were adopted to
address concerns that the lack of clear guidelines for dealing with
clearly erroneous transactions may have added to the confusion and
uncertainty faced by investors on May 6, 2010. On December 7, 2010, the
Exchange filed an immediately effective filing to extend the existing
pilot program for four months, so that the pilot would expire on April
11, 2011.\4\ On March 31, 2011, the Exchange filed an immediately
effective filing to extend the existing pilot program for four months,
so that the pilot would expire on the earlier of August 11, 2011 or the
date on which a limit up/limit down mechanism to address extraordinary
market volatility, if adopted, applies.\5\ On August 5, 2011, the
Exchange filed an immediately effective filing removed language from
the rule that tied the expiration of the pilot to the adoption of a
limit up/limit down mechanism to address extraordinary market
volatility, and further extended the pilot period, so that the pilot
would expire on January 31, 2012.\6\ On August 8, 2011, the Exchange
filed an immediately effective filing to amend Rule 11890 so that it
would continue to operate in the same manner after changes to the
single stock trading pause process became effective.\7\ On January 12,
2012, the Exchange filed an immediately effective filing that extended
the pilot to July 31, 2012.\8\
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 62886 (September 10,
2010), 75 FR 56613 (September 16, 2010).
    \4\ Securities Exchange Act Release No. 63489 (December 9,
2010), 75 FR 78281 (December 15, 2010) (SR-NASDAQ-2010-160).
    \5\ Securities Exchange Act Release No. 64238 (April 7, 2011),
76 FR 20780 (April 13, 2011) (SR-NASDAQ-2011-043).
    \6\ Securities Exchange Act Release No. 65068 (August 9, 2011),
76 FR 50508 (August 15, 2011) (SR-NASDAQ-2011-114).
    \7\ Securities Exchange Act Release No. 65104 (August 11, 2011),
76 FR 51076 (August 17, 2011) (SR-NASDAQ-2011-116).
    \8\ Securities Exchange Act Release No. 66225 (January 24,
2012), 77 FR 4602 (January 30, 2012) (SR-NASDAQ-2012-011).
---------------------------------------------------------------------------

    On May 31, 2012, the Commission approved, on a pilot basis, the
National Market System Plan to Address Extraordinary Market
Volatility.\9\ This plan creates a market-wide limit up-limit down
mechanism that is intended to address extraordinary market volatility
in NMS Stocks, which will be implemented on February 4, 2013. Once
implemented, the plan will prevent execution of trades outside of
certain trading bands, thus eliminating clearly erroneous transactions.
The Exchange believes that the pilot program has been successful in
providing greater transparency and certainty to the process of breaking
erroneous trades. The Exchange also believes that an additional
extension of the pilot is warranted so that it may continue to monitor
the effects of the pilot on the markets and investors, and consider
appropriate adjustments, as necessary. Extending the pilot to February
4, 2013, the implementation date of the market-wide limit up-limit down
mechanism will permit the Exchange to continue to provide clear
standards and curtail discretion with respect to breaking erroneous
trades until the limit up/limit down mechanism, which is designed to
prevent clearly erroneous transactions from occurring, is implemented.
---------------------------------------------------------------------------

    \9\ Securities Exchange Act Release No. 67091 (May 31, 2012), 77
FR 33498 (June 6, 2012).
---------------------------------------------------------------------------

    Accordingly, the Exchange is filing to further extend the pilot
program until February 4, 2012.
2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Securities Exchange Act of 1934 (the ``Act''),\10\ which
requires the rules of an exchange 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. The proposed rule change
also is designed to support the principles of Section 11A(a)(1) \11\ of
the Act in that it seeks to assure fair competition among brokers and
dealers and among exchange markets. The Exchange believes that the
proposed rule meets these requirements in that it promotes transparency
and uniformity across markets concerning decisions to break erroneous
trades. In addition, the Exchange believes extending the pilot to
February 4, 2013 is consistent with the requirement to protect
investors because it will permit the pilot to continue to provide
clearer standards and curtail discretion with respect to breaking
erroneous trades until the limit up/limit down mechanism is
implemented, thus eliminating need for the pilot.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(5).
    \11\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6)(iii) thereunder.\15\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \17\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the pilot program to continue uninterrupted, thereby
avoiding the investor confusion that could result from a temporary
interruption in the pilot program. For this reason, the Commission
designates the proposed rule change to be operative upon filing.\18\
---------------------------------------------------------------------------

    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml;) or
     Send an Email to<EMAIL_ADDRESS>Please include
File No. SR-NASDAQ-2012-091 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2012-091. 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 Commissions 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. Copies of such filing also will
be available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASDAQ-2012-091 and should be submitted by August 24, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-19000 Filed 8-2-12; 8:45 am]
BILLING CODE 8011-01-P


Table 1. Annual Burden and Cost for the Federal Government to Implement the Secondary Lead Smelter Ind ( A) ( B) EPA Number of Hours per Occurences Information Collection Activity Occurence Per Year ________________________________________________________________________________________ Review initial notification reports ( a) 1 0 Review notifications of compliance status ( a) 10 0 Review quarterly summary reports 10 92 Review notifications of performance tests ( a) 4 0 Review notifications of demonstration of CMS ( a) 2 0 Review notifications of construct/ reconstruct ( b) 2 1 Review notifications of anticipated startups ( a) 2 0 Review notifications of actual startups ( a) 2 0 Review notices of physical/ operational changes ( c) 4 23 Attend initial performance tests ( a) 120 0 Attend repeat performance tests ( a) 120 0 Review annual compliance test results ( d) 8 23 TOTAL BURDEN AND COST ( Salary) Travel TOTAL COST:

Assumptions:

a Assumes that no new facilities will begin operation during the next three years. b Based on industry history, no plants will be constructed or reconstructed; assumes one furnace will be rebuilt per year. c Assumes that each facility will make a major adjustment once per year. d Annual compliance test requirement was added subsequent to 1995 promulgation. e Assumes salary rate at the GS 12 level, Step 1 rate times a 1.6 benefits multiplication factor, Total = $ 36 Industry Rule ( 40 CFR Part 63, Subpart X)

( C) ( D) Technical Total Cost Hours Per Year Per Year @$ 36.98 ( e) _________________________ 0 $ 0 0 $ 0 920 $ 34,021 0 $ 0 0 $ 0 2 $ 74 0 $ 0 2 0 $ 0 92 $ 3,402 0 $ 0 0 $ 0 184 $ 6,804 $ 0 1198 $ 44,301 $ 0 $ 44,301 36.98.


[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Notices]
[Pages 41853-41854]
[FR Doc No: 2011-17793]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64850; File No. SR-CHX-2011-16]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Alter Its Fee Schedule To Increase its SRO, DEA and Off-Exchange Trader
Fees

July 11, 2011.
    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 June 30, 2011, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. CHX has
filed the proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The CHX proposes to amend its Schedule of Participant Fees and
Assessments (the ``Fee Schedule''), effective July 1, 2011, to alter
its schedule of fees for Participants relating to its SRO, Off-Exchange
trader and DEA fees. The text of this proposed rule change is available
on the Exchange's Web site at http://www.chx.com/rules/proposed_rules.htm and in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549.

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 CHX included statements
concerning the purpose of and basis for the proposed rule changes and
discussed any comments it received regarding the proposal. The text of
these statements may be examined at the places specified in Item IV
below. The CHX 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
    Through this filing, the Exchange proposes to amend its Schedule of
Participant Fees and Assessments (the ``Fee Schedule''), effective July
1, 2011, to amend its existing SRO, Off-Exchange trader and DEA fees.
These fee changes are being proposed in response to the increased
importance and expense of the Exchange's regulatory efforts and
competitive pricing pressures.
    The Exchange proposes to increase both its SRO and DEA fees to
reflect increased current and planned expenses related to the
Exchange's regulatory responsibilities. Currently, the Exchange's SRO
fee is $500 per month for each Participant firm and its DEA fee is $800
per month for each firm for which the Exchange is its DEA. Through this
filing, the Exchange proposes increasing the SRO fee to $600 per month
for each Participant firm and the DEA fee to $1,000 per month.
    Additionally, the Exchange currently charges each off-Exchange
Participant firm, that is solely involved in proprietary securities
trading and for which the CHX is DEA, a $500 annual fee for each
trader. Through this filing, the Exchange proposes to amend its Fee
Schedule to allow off-Exchange Participant firms to register two
traders at no charge while capping the total annual trader fees payable
by each off-Exchange Participant firm at $70,000. The Exchange is
proposing this

amendment to lower total registration fees for off-Exchange traders to
respond to competitive pressures. The Exchange believes that these
changes will further encourage firms of all sizes to utilize its
facilities and services.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \5\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \6\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and other persons using any facility or
system which the Exchange operates or controls. Among other things,
these changes to the fee schedule would equitably allocate fees among
Participants by increasing fees overall to reflect higher regulatory
costs among all Participants as well as allocating the increased costs
associated with the Exchange's DEA service among those Participants
which utilize the service. In addition, the proposed changes to the
Off-Exchange trader registration fee will allow the Exchange to respond
to competitive pressures by lowering trader fees for all off-Exchange
proprietary trading firms for which CHX is DEA while encouraging firms
of all sizes to utilize the Exchange's facilities and services.\7\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ See email from James G. Ongena, Vice President and Associate
General Counsel, Exchange, to Christopher W. Chow, Special Counsel,
Commission, dated July 8, 2011.
---------------------------------------------------------------------------

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

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

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

    No written comments were solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule 19b-4
thereunder \9\ because it establishes or changes a due, fee or other
charge applicable to the Exchange's members and non-members, which
renders the proposed rule change effective upon filing.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii)
    \9\ 17 CFR 240.19b-4(f)(2)
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CHX-2011-16 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-CHX-2011-16. 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 website viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing will also be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-CHX-2011-16 and should be
submitted on or before August 5, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-17793 Filed 7-14-11; 8:45 am]
BILLING CODE 8011-01-P