[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Notices]
[Page 9964]
[FR Doc No: 2023-03204]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for modification of special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before March 2, 2023.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590. Comments should refer to the application number and be submitted
in triplicate. If confirmation of receipt of comments is desired,
include a self-addressed stamped postcard showing the special permit
number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.
    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on February 6, 2023.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

------------------------------------------------------------------------
                                                          Nature of the
  Application No.       Applicant       Regulation(s)    special permits
                                          affected           thereof
------------------------------------------------------------------------
                          Special Permits Data
------------------------------------------------------------------------
15284-M...........  Solvay            173.31(e)(2)(ii)  To modify the
                     Fluorides, LLC.   ,                 special permit
                                       173.244(a)(2),    to authorize an
                                       179.15(a).        additional tank
                                                         car
                                                         specification.
                                                         (mode 2)
15721-M...........  Probe             173.304(a)......  To modify the
                     Technology,                         special permit
                     Services, Inc.                      to authorize an
                                                         additional
                                                         packaging.
                                                         (modes 1, 2, 3,
                                                         4, 5)
15848-M...........  Ambri Inc.......  173.222(c)(1)...  To modify the
                                                         special permit
                                                         to update the
                                                         design
                                                         terminology.
                                                         (modes 1, 2, 3)
21072-M...........  Isotek Systems,   173.417(b)(1),    To modify the
                     LLC.              173.427(a)(3),    special permit
                                       173.453.          to increase the
                                                         total Uranium
                                                         weight. (mode
                                                         1)
21114-M...........  Olin Winchester   172.203(a),       To modify the
                     LLC.              173.63(b)(2)(i)   special permit
                                       ,                 to authorize
                                       173.63(b)(2)(ii   rifle cartridge
                                       ),                sizes up to 358
                                       173.63(b)(2)(ii   Winchester, to
                                       i).               authorize an
                                                         additional
                                                         packaging, and
                                                         to remove the
                                                         requirement to
                                                         mark the
                                                         special permit
                                                         number on inner
                                                         packages other
                                                         than bags.
                                                         (modes 1, 2, 3,
                                                         4, 5)
21114-M...........  Federal           172.203(a),       To modify the
                     Cartridge,        173.63(b)(2)(i)   special permit
                     Company.          ,                 to authorize
                                       173.63(b)(2)(ii   shotshells to
                                       ),                be transported.
                                       173.63(b)(2)(ii   (modes 1, 2, 3,
                                       i).               4, 5)
21162-M...........  Hexagon           173.301(a)(1)...  To modify the
                     Masterworks,                        special permit
                     Inc.                                to authorize
                                                         the
                                                         transportation
                                                         of cylinders at
                                                         less than 5%
                                                         working
                                                         pressure.
                                                         (modes 1, 2, 3,
                                                         4)
21235-M...........  United States     173.413, 173.416  To modify the
                     Dept of Energy.                     special permit
                                                         to authorize
                                                         return
                                                         shipments and
                                                         higher payload
                                                         containers.
                                                         (mode 1)
21396-M...........  Porsche Cars      173.185(f)(3)...  To modify the
                     North America,                      special permit
                     Inc.                                to authorize an
                                                         additional
                                                         battery module
                                                         and
                                                         transportation
                                                         aboard cargo
                                                         vessel. (modes
                                                         1, 2, 3)
------------------------------------------------------------------------

[FR Doc. 2023-03204 Filed 2-14-23; 8:45 am]
BILLING CODE P


[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Notices]
[Pages 1347-1348]
[FR Doc No: 2016-32005]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-4414]

Questions and Answers on the Nutrition and Supplement Facts
Labels Related to the Compliance Date, Added Sugars, and Declaration of
Quantitative Amounts of Vitamins and Minerals; Draft Guidance for
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability with request for comments.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a draft guidance for industry entitled ``Questions and
Answers on the Nutrition and Supplement Facts Labels Related to the
Compliance Date, Added Sugars, and Declaration of Quantitative Amounts
of Vitamins and Minerals.'' The draft guidance, when finalized, will
provide questions and answers on topics related to compliance, labeling
of added sugars, declaration of quantitative amounts of vitamins and
minerals, and format for Nutrition and Supplement Facts labels.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that we consider your comment on the draft
guidance before we begin work on the final version of the guidance,
submit either electronic or written comments on the draft guidance by
March 6, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-D-4414 for ``Questions and Answers on the Nutrition and
Supplement Facts Labels Related to the Compliance Date, Added Sugars,
and Declaration of Quantitative Amounts of Vitamins and Minerals.''
Received comments will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential''

will not be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the draft guidance to
the Office of Nutrition and Food Labeling/Nutrition Programs Staff,
Center for Food Safety and Applied Nutrition, Food and Drug
Administration, 5001 Campus Dr., College Park, MD 20740. Send two self-
addressed adhesive labels to assist that office in processing your
request. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance.

FOR FURTHER INFORMATION CONTACT: Blakeley Fitzpatrick, Center for Food
Safety and Applied Nutrition, Food and Drug Administration (HFS-830),
5001 Campus Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    We are announcing the availability of a draft guidance for industry
entitled ``Questions and Answers on the Nutrition and Supplement Facts
Labels Related to the Compliance Date, Added Sugars, and Declaration of
Quantitative Amounts of Vitamins and Minerals.'' We are issuing the
draft guidance consistent with our good guidance practices regulation
(21 CFR 10.115). The draft guidance, when finalized, will represent the
current thinking of FDA on this topic. It does not establish any rights
for any person and is not binding on FDA or the public. You can use an
alternate approach if it satisfies the requirements of the applicable
statutes and regulations.
    In the Federal Register of May 27, 2016, we issued a final rule
entitled ``Food Labeling: Revision of the Nutrition and Supplement
Facts Labels'' (81 FR 33742). The final rule amends our regulations for
the nutrition labeling of conventional foods and dietary supplements to
provide updated nutrition information and to improve how the nutrition
information is presented to consumers. The final rule provided two
compliance dates distinguishing between manufacturers with $10 million
or more in annual food sales (July 26, 2018) and manufacturers with
less than $10 million in annual food sales (July 26, 2019). The final
rule also revised the Nutrition Facts label to replace ``sugars'' with
``total sugars'' and to include the declaration of added sugars. The
draft guidance is intended for conventional food and dietary supplement
manufacturers and will, when finalized, provide questions and answers
on topics related to compliance, labeling of added sugars, declaration
of quantitative amounts of vitamins and minerals, and format.

II. Additional Issues for Consideration

    We invite interested persons to comment on topics related to
compliance, labeling of added sugars, declaration of quantitative
amounts of vitamins and minerals, and format. However, we are
particularly interested in responses to the following questions:
    1. What, if any, concerns are there for manufacturers to use Brix
values from 21 CFR 101.30 when calculating the added sugars content of
products containing fruit juice concentrates?
    2. For purposes of calculating the amount of added sugars, what, if
any, concerns are there if we consider that all of the water in a
formulation with fruit or vegetable juice concentrate is used to
reconstitute the fruit or vegetable juice? To illustrate the issue,
assume that fruit juice concentrate is added to a food and that the
manufacturer also adds water to the food. We recognize that the water
may reconstitute the fruit juice, but also recognize that some portion
of the water may have other purposes or affect ingredients other than
the fruit juice concentrate. Nevertheless, to calculate the amount of
added sugars, we would consider that all of the water goes towards
reconstituting the fruit juice.
    3. What, if any, concerns are there if we consider that all of the
water that has been removed from a product during processing
contributes towards the concentration of juice added as an ingredient
during the formulation of the product?
    When responding to these questions, please explain your reasoning.

III. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 101 have been approved under
OMB control number 0910-0813.

IV. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/FoodGuidances or https://www.regulations.gov. Use the FDA Web site listed in the previous
sentence to find the most current version of the guidance.

V. Reference

    The following reference is on display in the Division of Dockets
Management (see ADDRESSES) and is available for viewing by interested
persons between 9 a.m. and 4 p.m., Monday through Friday; it are also
available electronically at https://www.regulations.gov. FDA has
verified the Web site address, as of the date this document publishes
in the Federal Register, but Web sites are subject to change over time.

    1. U.S. Department of Health and Human Services. 2015 Dietary
Guidelines for Americans. Accessed online at http://www.health.gov/dietaryguidelines/dga2005/document/default.htm.

    Dated: December 30, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-32005 Filed 1-4-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
[Notices]
[Pages 49322-49323]
[FR Doc No: 2019-20298]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3420-EM; Docket ID FEMA-2019-0001]

Seminole Tribe of Florida; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of an
emergency for the Seminole Tribe of Florida (FEMA-3420-EM), dated
August 31, 2019, and related determinations.

DATES: The declaration was issued August 31, 2019.

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, in a letter
dated August 31, 2019, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in the lands
associated with the Seminole Tribe of Florida resulting from
Hurricane Dorian beginning on August 28, 2019, and continuing, are
of sufficient severity and magnitude to warrant an emergency
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (``the Stafford
Act''). Therefore, I declare that such an emergency exists for the
Seminole Tribe of Florida.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for emergency protective measures
(Category B), limited to direct Federal assistance, under the Public
Assistance program.
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. In order to provide Federal assistance, you are
hereby authorized to allocate from funds available for these
purposes such amounts as you find necessary for Federal emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Gary R.
Stanley, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas have been designated as adversely affected by
this declared emergency:

    The Seminole Tribe of Florida for emergency protective measures
(Category B), limited to direct federal assistance, under the Public
Assistance program.

    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.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-20298 Filed 9-18-19; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: January 8, 2007 (Volume 72, Number 4)]
[Notices]
[Page 765-766]
[DOCID:fr08ja07-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Discovery Producer Services LLC, Docket No. CP06-425-001; Discovery
Gas Transmission LLC, Docket No. CP06-426-001]

Notice of Abbreviated Application To Amend Limited Jurisdiction
Certificate of Public Convenicence and Necessity

December 28, 2006.
    Take notice that on December 14, 2006, Discovery Producer Services
LLC (DPS) and Discovery Gas Transmission LLC (Discovery) jointly filed
an abbreviated application to amend the certificates of public
convenience and necessity granted DPS and Discovery, authorizing DPS to
provide Discovery the use of capacity on DPS' non-jurisdictional
gathering facilities through a capacity lease, to effectuate firm and
interruptible transportation of natural gas received from Texas Eastern
Transmission, LP for delivery of DPS' Larose processing plant and for
ultimate

delivery downstream into the interstate pipeline grid.
    Discovery further states that copies of the filing have been mailed
to each of its customers, interested state commissions and other
interested persons.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before January 12, 2007.
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-22687 Filed 1-5-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Notices]
[Pages 71410-71412]
[FR Doc No: 2012-28962]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC13-42-000.
    Applicants: Broad River Energy LLC, Broad River OL-1, LLC, Broad
River OL-2, LLC, Broad River OL-3, LLC, Broad River OL-4, LLC.
    Description: Section 203 Application of Broad River Energy LLC, et
al.
    Filed Date: 11/16/12.
    Accession Number: 20121116-5202.
    Comments Due: 5 p.m. ET 12/7/12.

    Docket Numbers: EC13-43-000.
    Applicants: FirstEnergy Service Company, Allegheny Energy Supply
Company, LLC, Monongahela Power Company.
    Description: Application of FirstEnergy Service Company, et al. for
Authorization Pursuant to Section 203(a)(1) of the Federal Power Act
for Transfer of Jurisdictional Facilities and Requests for Waivers of
Filing Requirements.
    Filed Date: 11/16/12.
    Accession Number: 20121116-5223.
    Comments Due: 5 p.m. ET 12/7/12.

    Docket Numbers: EC13-44-000.
    Applicants: Wolverine Creek Goshen Interconnection L, Meadow Creek
Project Company LLC, Goshen Phase II LLC, Rockland Wind Farm LLC.
    Description: Application for Approval under Section 203 of the
Federal Power Act and Requests for Expedited Consideration and
Confidential Treatment of Meadow Creek Project Company LLC, et al.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5081.
    Comments Due: 5 p.m. ET 12/10/12.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER12-1708-001.
    Applicants: ITC Midwest LLC, Midwest Independent Transmission
System.
    Description: ITC Midwest LLC submits tariff filing per 35: SA 65
ITCM-Northern Iowa Compliance to be effective 7/3/2012.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5029.
    Comments Due: 5 p.m. ET 12/10/12.

    Docket Numbers: ER12-2206-001.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35: Compliance Filing SGIA with Western Antelope Dry Ranch,
LLC to be effective 7/6/2012.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5084.
    Comments Due: 5 p.m. ET 12/10/12.

    Docket Numbers: ER12-2208-001.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35: Compliance Filing SGIA with

Western Antelope Blue Sky Ranch A, LLC to be effective 7/6/2012.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5078.
    Comments Due: 5 p.m. ET 12/10/12.

    Docket Numbers: ER12-2663-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Amendment to Service Agreement No. to be effective 8/
20/2012.
    Filed Date: 11/16/12.
    Accession Number: 20121116-5194.
    Comments Due: 5 p.m. ET 12/7/12.

    Docket Numbers: ER12-2664-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Amendment to Notice of Cancellation of SA 3197 to be
effective 8/20/2012.
    Filed Date: 11/16/12.
    Accession Number: 20121116-5193.
    Comments Due: 5 p.m. ET 12/7/12.

    Docket Numbers: ER13-217-001.
    Applicants: Beacom Energy, Inc.
    Description: Amendment to Filing 1 to be effective 11/26/2012.
    Filed Date: 11/16/12.
    Accession Number: 20121116-5195.
    Comments Due: 5 p.m. ET 12/7/12.

    Docket Numbers: ER13-404-000.
    Applicants: California Independent System Operator Corporation.
    Description: 2012-11-16 CAISO Tariff Amendment Regarding CFTC
Regulations to be effective 1/30/2013.
    Filed Date: 11/16/12.
    Accession Number: 20121116-5185.
    Comments Due: 5 p.m. ET 12/7/12.

    Docket Numbers: ER13-405-000.
    Applicants: Cayuga Operating Company, LLC.
    Description: Cayuga RMR Filing to be effective 12/31/9998.
    Filed Date: 11/16/12.
    Accession Number: 20121116-5186.
    Comments Due: 5 p.m. ET 12/7/12.

    Docket Numbers: ER13-406-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Revisions to SPP's OATT Reflecting Change of SPP's
Official Address to be effective 1/13/2013.
    Filed Date: 11/16/12.
    Accession Number: 20121116-5188.
    Comments Due: 5 p.m. ET 12/7/12.

    Docket Numbers: ER13-407-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Chisholm View Wind Transfer Agreement to be effective
12/1/2012.
    Filed Date: 11/16/12.
    Accession Number: 20121116-5190.
    Comments Due: 5 p.m. ET 12/7/12.

    Docket Numbers: ER13-408-000.
    Applicants: Entergy Arkansas, Inc.
    Description: LaGen-EGSL LGIA to be effective 11/17/2011.
    Filed Date: 11/16/12.
    Accession Number: 20121116-5191.
    Comments Due: 5 p.m. ET 12/7/12.

    Docket Numbers: ER13-409-000.
    Applicants: Entergy Arkansas, Inc.
    Description: KGen-EAI LGIA to be effective 3/15/2012.
    Filed Date: 11/16/12.
    Accession Number: 20121116-5192.
    Comments Due: 5 p.m. ET 12/7/12.

    Docket Numbers: ER13-410-000.
    Applicants: Entergy Gulf States Louisiana, L.L.C.
    Description: LUS System-to-System Interconnection Agreement to be
effective 6/22/2012.
    Filed Date: 11/16/12.
    Accession Number: 20121116-5196.
    Comments Due: 5 p.m. ET 12/7/12.

    Docket Numbers: ER13-411-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits a Notice of
Termination of a Generator Special Facilities and Interconnection
Agreement for the South San Joaquin and Oakdale Irrigation Districts--
Tulloch Powerhouse.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5048.
    Comments Due: 5 p.m. ET 12/10/12.

    Docket Numbers: ER13-412-000.
    Applicants: Dominion Nuclear Connecticut, Inc.
    Description: New Baseline Refile to be effective 11/20/2012.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5059.
    Comments Due: 5 p.m. ET 12/10/12.

    Docket Numbers: ER13-413-000.
    Applicants: USG Oregon LLC.
    Description: USG Oregon LLC MBR Tariff Filing to be effective 1/17/
2013.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5064.
    Comments Due: 5 p.m. ET 12/10/12.

    Docket Numbers: ER13-414-000.
    Applicants: East Kentucky Power Cooperative, Inc.
    Description: East Kentucky Power Cooperative, Inc. submits Request
for Waiver to Participate in PJM Reliability Pricing Model Auctions.
    Filed Date: 11/15/12.
    Accession Number: 20121115-5174.
    Comments Due: 5 p.m. ET 12/6/12.

    Docket Numbers: ER13-415-000.
    Applicants: Anahau Energy, LLC.
    Description: Anahau Energy, LLC submits tariff filing per 35.12:
Baseline new to be effective 1/1/2013.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5085.
    Comments Due: 5 p.m. ET 12/10/12.

    Docket Numbers: ER13-416-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: SA 2491 Hazelton-Mitchell
G540 G548 MPFCA to be effective 11/20/2012.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5107.
    Comments Due: 5 p.m. ET 12/10/12.

    Docket Numbers: ER13-417-000.
    Applicants: Northeast Utilities Service Company, Western
Massachusetts Electric Company.
    Description: Western Massachusetts Electric Company submits Notice
of Cancellation of Transmission Service Rate Schedule with Pittsfield
Generating Company, L.P.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5130.
    Comments Due: 5 p.m. ET 12/10/12.

    Docket Numbers: ER13-418-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.13(a)(2)(iii: Original Service Agreement No. 3417; Queue No. W3-159
to be effective 10/24/2012.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5145.
    Comments Due: 5 p.m. ET 12/10/12.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES13-7-000.
    Applicants: PJM Settlement, Inc., PJM Interconnection, L.L.C.
    Description: Amendment to November 2, 2012 Application of PJM
Settlement, Inc. and PJM Interconnection, L.L.C.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5092.
    Comments Due: 5 p.m. ET 11/29/12.

    Docket Numbers: ES13-8-000.
    Applicants: Northern Pass Transmission LLC.
    Description: Northern Pass Transmission LLC submits Amendment to
Application for Authorization to Issue Debt Securities.
    Filed Date: 11/16/12.
    Accession Number: 20121116-5146.
    Comments Due: 5 p.m. ET 11/26/12.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF13-94-000.
    Applicants: Independence Visitors Center.
    Description: Form 556 of Independence Visitors Center.
    Filed Date: 11/19/12.
    Accession Number: 20121119-5060.
    Comments Due: None Applicable.
    The filings are accessible in the Commission's eLibrary system by

clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 19, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-28962 Filed 11-29-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 1, 2008 (Volume 73, Number 149)]
[Notices]
[Page 44982-44983]
[DOCID:fr01au08-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER06-510-002]

Energy Endeavors, LLC; Notice of Filing

July 25, 2008.
    Take notice that on July 14, 2008, Energy Endeavors, LLC tendered
for filing Order No. 697 Compliance Filing and Application for Category
1 status pursuant to section 205 of the Federal Power Act.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov.

Persons unable to file electronically should submit an original and 14
copies of the protest or intervention to the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 4, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-17628 Filed 7-31-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 23, 2009 (Volume 74, Number 34)]
[Notices]
[Page 8084]
[DOCID:fr23fe09-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-591-000]

Nalcor Energy; Supplemental Notice That Initial Market-Based Rate
Filing Includes Request for Blanket Section 204 Authorization

February 12, 2009.
    This is a supplemental notice in the above-referenced proceeding of
Nalcor Energy's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is March 4, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-3680 Filed 2-20-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Notices]
[Page 54978]
[FR Doc No: 2014-21943]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9916-48-Region 5]

Operating Permit Program: Notice of Reporting Requirements for
Compliance Certifications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; reporting requirements for compliance certifications.

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SUMMARY: Under the state operating permit programs compliance
certification requirements, facilities subject to the Title V operating
permit program are required to submit compliance certifications to the
Environmental Protection Agency (EPA) and the permitting authority. EPA
is providing notice that submittal of Title V compliance certifications
to the Region 5 authorized State permitting authorities, except
Michigan, fulfills the reporting requirements. This allows for EPA and
the delegated State agencies to meet air quality goals while
streamlining reporting requirements and eliminating the duplication of
paperwork by regulated facilities.

DATES: This action is effective on September 15, 2014.

ADDRESSES: The documents relevant to this action are available for
public inspection during normal business hours at the following
addresses:
    Illinois Environmental Protection Agency, Bureau of Air, 1021 North
Grand Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276.
    Indiana Department of Environmental Management, Office of Air
Quality, Indiana Government Center North, 100 Senate Avenue,
Indianapolis, Indiana 46204.
    Minnesota Pollution Control Agency, Industrial Division, Land and
Air Compliance Section, 520 Lafayette Road North, St. Paul, Minnesota
55155-4194.
    Ohio Environmental Protection Agency, Division of Air Pollution
Control, P.O. Box 109, Columbus, Ohio 43216-1049.
    Wisconsin Department of Natural Resources, Bureau of Air
Management, 101 S. Webster Street, P.O. Box 7921 Madison, Wisconsin
53707-7921.

FOR FURTHER INFORMATION CONTACT: Rochelle Marceillars, Air Enforcement
and Compliance Assurance Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, 77 W. Jackson Boulevard, Chicago,
Illinois 60604.

SUPPLEMENTARY INFORMATION: The reporting provisions in 40 CFR
70.6(c)(5)(iv) requiring all compliance certifications be submitted to
EPA and the permitting authority will be met by sending such
submissions only to the authorized State Region 5 agency provided that:
(1) Submissions do not contain or rely upon confidential information;
(2) the State agency maintains authority to implement the 40 CFR part
70 Operating Permit Program; and (3) EPA will have access to these
reports and related documents via hard or electronic copy, as needed.
This notice does not apply to Michigan.

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

    Dated: September 2, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-21943 Filed 9-12-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 218 (Wednesday, November 12, 2014)]
[Notices]
[Pages 67229-67232]
[FR Doc No: 2014-26693]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73535; File No. SR-Phlx-2014-70]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
Exchange's Pricing Schedule Under Section VIII With Respect to
Execution and Routing of Orders in Securities Priced at $1 or More Per
Share and the Excess Order Fee

November 5, 2014
    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 October 24, 2014, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the Exchange's Pricing Schedule
under Section VIII, entitled ``NASDAQ OMX PSX FEES,'' with respect to
execution and routing of orders in securities priced at $1 or more per
share and to eliminate the Excess Order Fee.
    While changes to the Pricing Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated that they become
operative on November 3, 2014. The text of the proposed rule change is
available on the Exchange's Web site at http://nasdaqomxphlx.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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed changes to Chapter VIII of the
Exchange's Pricing Schedule is to reduce the fee assessed for shares
executed on the NASDAQ OMX PSX System (``PSX'') in securities listed on
the Nasdaq Stock Market (``Nasdaq'') and traded at $1 or more per
share, to modify the eligibility requirements of two credits provided
for providing displayed liquidity in securities traded at $1 or more
per share, and to eliminate the Excess Order Fee under the rule.
    Chapter VIII(a)(1) of the PSX Pricing Schedule concerns fees
assessed for execution of quotes/orders on PSX in securities priced at
$1 or more per share that are Nasdaq-listed, are listed on the New York
Stock Exchange (``NYSE'') and listed on exchanges other than Nasdaq and
NYSE. The Exchange currently assesses three separate fees for execution
of securities based on the venue on which the security is listed.
Specifically, the Exchange assesses a charge of $0.0024 per share
executed in securities listed on NYSE, $0.0024 per share executed in
securities listed on an exchange other than Nasdaq or NYSE, and $0.0026
per share executed in securities listed on Nasdaq. The Exchange is
proposing to reduce the fee assessed for execution of Nasdaq-listed
securities on PSX to $0.0024 per share executed. Reducing the fee will
harmonize the fees currently assessed member organizations that are
participants on PSX for removing liquidity from PSX and may attract
more volume to PSX in Nasdaq-listed securities.
    The Exchange is also proposing to amend the eligibility
requirements of two credits provided under the rule to member
organizations that provide displayed liquidity on PSX. First, the
Exchange currently provides a credit of $0.0025 per share executed for
Quotes/Orders entered by a member organization that provides an average
daily volume of 6 million or more shares of liquidity during the month;
provided that (i) the Quote/Order is entered through a PSX MPID through
which the member organization displays, on average over the course of
the month, 100 shares or more at the national best bid and/or national
best offer at least 25% of the time during regular market hours in the
security that is the subject of the Quote/Order, or (ii) the member
organization displays, on average over the course of the month, 100
shares or more at the national best bid and/or national best offer at
least 25% of the time during regular market hours in 500 or more
securities. The Exchange is proposing to eliminate the 6 million
average daily volume requirement and replace it with a requirement to
have average daily volume in shares of liquidity during the month that
represents at least 0.12% of Consolidated Volume, which the Exchange
defines as the total consolidated volume reported to all consolidated
transaction reporting plans by all exchanges and trade reporting
facilities during a month, excluding executed orders with a size of
less than one round lot.\3\ Replacing the current average daily volume
requirement with an average daily volume requirement based on
Consolidated Volume will cause the required level of liquidity
provision to vary depending on overall market volumes during the month.
As such, the change is expected to increase the number of member
organizations that qualify for this credit tier during months when
overall trading volumes are lower, by allowing the required level of
liquidity provision to vary with overall trading volumes, and
conversely reduce the number of member organizations eligible for the
credit when market volumes are high, for firms

that maintain the same level of average daily volume as is currently
provided. The Exchange believes that the 0.12% threshold will result in
a change in market behavior that will improve liquidity on PSX overall.
---------------------------------------------------------------------------

    \3\ In lieu of marking each individual fee level with the
definition of Consolidated Volume, where applicable, the Exchange is
inserting the definition prior to the schedule of fees under
subparagraph (a)(1) of the rule.
---------------------------------------------------------------------------

    Second, the Exchange currently provides a credit of $0.0024 per
share executed for Quotes/Orders entered by a member organization that
provides an average daily volume of 2 million or more shares of
liquidity during the month; provided that (i) the Quote/Order is
entered through a PSX MPID through which the member organization
displays, on average over the course of the month, 100 shares or more
at the national best bid and/or national best offer at least 25% of the
time during regular market hours in the security that is the subject of
the Quote/Order, or (ii) the member organization displays, on average
over the course of the month, 100 shares or more at the national best
bid and/or national best offer at least 25% of the time during regular
market hours in 500 or more securities. The Exchange is proposing to
eliminate the 2 million average daily volume requirement and replace it
with a requirement to have average daily volume in shares of liquidity
during the month that represents at least 0.04% of Consolidated Volume.
In addition, the Exchange is proposing to eliminate the additional
requirements found under (i) and (ii) of the credit tier. Like the
change to the credit tier discussed immediately above, replacing the
current average daily volume requirement with an average daily volume
requirement based on Consolidated Volume will cause the required level
of liquidity provision to vary depending on overall market volumes
during the month, thereby increasing the number of member organizations
that qualify for this credit tier during months when overall trading
volumes are lower, and conversely reducing the number of member
organizations eligible for the credit when market volumes are high, for
firms that maintain the same level of average daily volume as is
currently provided. Likewise, the Exchange believes that the 0.04%
threshold will result in a change in market behavior that will improve
liquidity on PSX overall. The Exchange also believes that eliminating
the extra requirements under (i) and (ii) of the credit tier will make
the tier achievable to more member organizations and may provide
incentive to a greater number of member organizations to achieve the
tier, thereby improving liquidity on PSX.
    Lastly, the Exchange is proposing to eliminate the Excess Order Fee
under subparagraph (c) of Chapter VIII of the Pricing Schedule. The
Excess Order Fee was designed to provide a disincentive to member
organizations to engage in order entry practices that are inefficient
and thereby burdensome on the systems of PSX by assessing a fee on
member organizations if they reach a threshold of order activity based
on an Order Entry Ratio calculation.\4\ Although not a pervasive
characteristic of the market, the fee was adopted to encourage member
organizations with such practices to enhance the efficiency of their
systems and modify their order entry practices, thus improving the
market for all participants.\5\ An unwanted consequence of the rule has
been to capture beneficial order flow and thereby dissuade member
organizations from participating in PSX in an effort to avoid
triggering the fee. Moreover, the Exchange has observed that the fee is
not assessed on a significant number of member organizations nor is it
triggered every month, leading the Exchange to conclude that the small
number of member organizations that may have been affected by the fee
because of their inefficient order practices have taken the steps
necessary to avoid such practices. The Exchange believes that, in light
of the lack of consistent order activity that triggers the fee and the
negative effect it has had on beneficial order flow, the Excess Order
Fee should be eliminated. The Exchange notes that, should the
inefficient order entry practices that gave rise to the fee once again
arise, it may adopt the fee once again or take other steps to provide
disincentive for such practices.
---------------------------------------------------------------------------

    \4\ See Chapter VIII(c)(2) for a definition of ``Order Entry
Ratio.''
    \5\ See Securities Exchange Act Release Nos. 67004 (May 17,
2012), 77 FR 30581 (May 23, 2012) (SR-Phlx-2012-64) (adopting the
Excessive Order Fee).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6 of the Act,\6\ in general, and furthers the objectives
of Sections 6(b)(4) and 6(b)(5) of the Act,\7\ in particular, in that
it provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which the Exchange operates or controls, and is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest; and are not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed reduction in the charge
assessed member organizations that remove liquidity from PSX in Nasdaq-
listed securities priced $1 or more per share is reasonable because it
is a fee reduction designed to improve liquidity in Nasdaq-listed
securities on PSX. Moreover, the proposed reduced charge is reasonable
because it harmonizes the charges assessed for removing liquidity in
all securities priced at $1 or more per share, thereby simplifying the
charges assessed for removing liquidity under the rule. The Exchange
believes that the change is consistent with an equitable allocation of
fees and is not unfairly discriminatory because every member
organization removing liquidity in securities priced at $1 or more per
share will be assessed the same charge per share, regardless of the
listing venue of the security. Lastly, the Exchange believes that the
proposed change does not unfairly burden competition because it may
promote member organizations to provide greater liquidity in Nasdaq-
listed securities, thereby promoting competition among member
organizations rather than placing a burden thereon.
    The changes amending the eligibility requirements for the $0.0025
and $0.0024 per share credits that PSX gives to member organizations
that provide certain levels of displayed liquidity through PSX are
reasonable because they provide member organizations an incentive to
provide more meaningful liquidity by tying eligibility for the credits
to how impactful their order activity is in relation to overall market
volume. Thus the credit is more precise in awarding the credits for
order activity that improves the PSX market for all market participants
and is consistent with the Exchange's longstanding policy of
encouraging the use of displayed orders, which promote price discovery.
The changes to the eligibility requirements are consistent with an
equitable allocation of fees and not unfairly discriminatory because
they allocate the credits in a manner that is tied more closely to the
impact on liquidity a member organization has as compared to overall
market volume. The current requirement that is being replaced is based
on achieving a fixed number of average daily volume in

shares of liquidity provided during the month, without accounting for
the relative impact that liquidity had on the market at the time.
Moreover, the proposed change is equitably allocated because all member
organizations that achieve the Consolidated Volume level required by
the tiers, together with any other requirements of the rule, will
receive the credit. The Exchange believes that the proposed change does
not unfairly burden competition, but rather it will promote competition
among member organizations to provide more meaningful displayed
liquidity on PSX.
    The Exchange believes that elimination of the additional
eligibility requirements to qualify for the $0.0024 credit tier is
reasonable because it broadens the number of member organizations that
may qualify for the credit by eliminating requirements tied to the
nature and timing of the volume provided on PSX, not the volume of
liquidity. Although the additional requirements that are being deleted
from the credit tier are designed to improve market quality, the
Exchange believes market quality will be improved more at this juncture
by attracting additional member organizations to provide liquidity on
PSX. The elimination of additional requirements of the tier is
consistent with an equitable allocation of fees and not unfairly
discriminatory because the credit will be available to more member
organizations than is the currently the case, and all member
organizations that qualify under the amended tier will receive the
credit. Lastly, the Exchange believes that the elimination of the
additional requirements under the tier will not unfairly burden
competition, but rather will promote competition among member firms to
provide greater liquidity to PSX.
    The Exchange believes that elimination of the Excessive Order Fee
is reasonable because the fee is not triggered by a significant number
of member organizations nor is it triggered every month, however, the
Exchange believes that certain member organizations are disincentivized
from providing order activity that is beneficial to market
participants. Moreover, the Exchange may adopt the fee once again
should the issues that gave rise to it reemerge. The Exchange believes
that the proposed change is consistent with an equitable allocation of
fees and is not unfairly discriminatory because it eliminates a fee,
which applies to all member organizations and which has served as a
disincentive to certain market participants in providing beneficial
order activity while also not being assessed significantly on member
organizations. The Exchange believes that elimination of the Excess
Order Fee will not unfairly burden competition because the fee is not
relevant to competition. The Exchange notes that the fee was adopted to
deter member organizations from using inefficient order practices that
place excessive burden on the systems of PSX and, as a consequence, was
not designed to impact competition among member organizations.

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, as amended.\8\ 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 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 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. In this instance, the reduced charge assessed member
organizations that remove liquidity from PSX is intended to provide
incentive to market participants to add liquidity to the Exchange in
securities listed on Nasdaq, which is reflective of a relative decline
in liquidity on PSX in Nasdaq-listed securities. The proposed changes
to the credits provided are designed to more precisely reward displayed
liquidity provided by member organizations and, in the case of the
lower tier, expand eligibility for the credit by eliminating other
requirements not directly tied to the amount of displayed liquidity
provided. As noted above, the Exchange believes that elimination of the
Excess Order Fee will not unfairly burden competition because the fee
is not relevant to competition as it was adopted to deter member
organizations from using inefficient order practices that place
excessive burdens on the systems of PSX. Moreover, other exchanges' fee
schedules do not restrict order activity by using a fee like the Excess
Order Fee. As noted, the practices that prompted the Exchange to adopt
the rule have subsided and, consequently, the change does not impact
the ability of any market participant or trading venue to compete.
---------------------------------------------------------------------------

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

    Because there are numerous competitive alternatives to PSX, it is
possible that the changes will not have the desired effect and,
although the Exchange believes it to be unlikely as a result of the
current proposal, the Exchange could lose market share as a result of
the changes to the extent that they are unattractive to market
participants. Accordingly, the Exchange does not believe the proposed
changes will impair the ability of members 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 either solicited or received.

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

    The foregoing change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\
thereunder. 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-Phlx-2014-70 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-Phlx-2014-70. 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 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-Phlx-2014-70, and should be
submitted on or before December 3, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-26693 Filed 11-10-14; 8:45 am]
BILLING CODE 8011-01-P