[Federal Register: December 14, 2009 (Volume 74, Number 238)]
[Notices]
[Page 66128-66129]
[DOCID:fr14de09-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-25-000]

Eastern Shore Natural Gas Company; Prior Notice of Activity Under
Blanket Certificate

December 7, 2009.
    On November 25, 2009 Eastern Shore Natural Gas Company (Eastern
Shore) filed a prior notice request pursuant to sections 157.205,
157.208 and 157.210 of the Federal Energy Regulatory Commission's
(Commission) regulations under the Natural Gas Act, and Eastern Shore's
blanket certificate issued in Docket No. CP96-128-000. Eastern Shore
requests authorization to construct, own and operate new mainline
facilities to deliver additional firm entitlements of 1,650 dekatherms
per day of natural gas to Chesapeake Utilities Corporation-Delaware
Division, all as more fully described in the application that is
available for public for inspection.
    Any questions regarding the application should be directed to Glen
DiEleuterio, Project Manager, at<PHONE_NUMBER>, ext. 6723 or via fax
(302) 734-6745 or by e-mail to<EMAIL_ADDRESS>    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    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 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, on or before the comment date. It is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    The Commission encourages electronic submission of comments,
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 intervention or protest 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>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-29626 Filed 12-11-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Notices]
[Page 19043]
[FR Doc No: 2017-08254]

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

[FRL-9961-64-OAR]

Meeting of the Mobile Sources Technical Review Subcommittee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act notice is
hereby given that the Mobile Sources Technical Review Subcommittee
(MSTRS) will meet on May 31, 2017. The MSTRS is a subcommittee under
the Clean Air Act Advisory Committee. This is an open meeting. The
meeting will include discussion of current topics and presentations
about activities being conducted by EPA's Office of Transportation and
Air Quality. The preliminary agenda for the meeting and any notices
about change in venue will be posted on the Subcommittee's Web site:
http://www2.epa.gov/caaac/mobile-sources-technical-review-subcommittee-mstrs-caaac. MSTRS listserv subscribers will receive notification when
the agenda is available on the Subcommittee Web site. To subscribe to
the MSTRS listserv, send an email to<EMAIL_ADDRESS>
DATES: Wednesday, May 31, 2017 from 9:00 a.m. to 4:30 p.m. Registration
begins at 8:30 a.m.

ADDRESSES: The meeting is currently scheduled to be held at Washington
Marriott Metro Center, 775 12th Street NW., Washington, DC 20005.
However, this date and location are subject to change and interested
parties should monitor the Subcommittee Web site (above) for the latest
logistical information.

FOR FURTHER INFORMATION CONTACT: Courtney McCubbin, Designated Federal
Officer, Transportation and Climate Division, Mailcode 6406A, U.S. EPA,
1200 Pennsylvania Ave. NW., Washington, DC 20460; Ph:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    Background on the work of the Subcommittee is available at: https://www.epa.gov/caaac/mobile-sources-technical-review-subcommittee-mstrs-caaac Individuals or organizations wishing to provide comments to the
Subcommittee should submit them to Ms. McCubbin at the address above by
May 17, 2017. The Subcommittee expects that public statements presented
at its meetings will not be repetitive of previously submitted oral or
written statements.

SUPPLEMENTARY INFORMATION: During the meeting, the Subcommittee may
also hear progress reports from some of its workgroups as well as
updates and announcements on activities of general interest to
attendees.
    For Individuals With Disabilities: For information on access or
services for individuals with disabilities, please contact Ms. McCubbin
(see above). To request accommodation of a disability, please contact
Ms. McCubbin, preferably at least 10 days prior to the meeting, to give
EPA as much time as possible to process your request.

    Dated: April 5, 2017.
Christopher Grundler,
Office Director, Office of Transportation and Air Quality.
[FR Doc. 2017-08254 Filed 4-24-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Notices]
[Pages 2958-2960]
[FR Doc No: 2022-00870]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93954; File No. SR-MEMX-2021-20]

Self-Regulatory Organizations; MEMX LLC; Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change To Amend Exchange
Rule 15.1(e) Regarding FINRA Registration and Processing Fees

January 12, 2022.
    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 December 29, 2021, MEMX LLC (``MEMX'' or the ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    (a) The Exchange is filing with the Commission a proposed rule
change to amend Exchange Rule 15.1(e) to reflect adjustments to the
Financial Industry Regulatory Authority, Inc. (``FINRA'') Registration
and Processing Fees related to the Central Registration Depository
System (``CRD system''), which will be collected by FINRA. While the
changes proposed herein are effective upon filing, the Exchange has
designated the amendments become operative on January 3, 2022.\3\ The
text of the proposed rule change is provided in Exhibit 5.
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    \3\ See Securities Exchange Act Release No. 90176 (October 14,
2020), 85 FR 66592 (October 20, 2020) (SR-FINRA-2020-032) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Adjust FINRA Fees To Provide Sustainable Funding for FINRA's
Regulatory Mission) (the ``FINRA Fee Filing'').
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the 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
    Today, Exchange Rule 15.1(e) provides a list of FINRA Registration
and Processing Fees that will be collected and retained by FINRA via
the CRD system. The Exchange does not collect or retain these fees. The
Exchange is proposing to amend Exchange Rule 15.1(e) to reflect
adjustments to FINRA's Registration and Processing Fees related to the
CRD

system.\4\ FINRA charges a single fee to register any representative or
principal of a member firm in the CRD system irrespective of if the
member firm is also a member of FINRA. Because FINRA separately
collects the CRD system fee for any Member \5\ that is also a FINRA
member,\6\ this fee filing only applies to Members who are not FINRA
members.
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    \4\ The CRD system is the central licensing and registration
system for the U.S. securities industry. The CRD system enables
individuals and firms seeking registration with multiple states and
self-regulatory organizations to do so by submitting a single form,
fingerprint card and a combined payment of fees to FINRA. Through
the CRD system, FINRA maintains the qualification, employment and
disciplinary histories of registered associated persons of broker
dealers.
    \5\ See Exchange Rule 1.5(p).
    \6\ Members that are also FINRA members are charged CRD system
fees according to Section (4) of Schedule A to the FINRA By-Laws.
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    Effective January 3, 2022, FINRA is increasing the fee it charges
for each initial Form U4 filed for the registration of a representative
or principal of any firm registered in the CRD system from $100 to
$125.\7\ Accordingly, the Exchange is proposing to update Exchange Rule
15.1(e) to reflect the new $125 CRD system fee that will take effect
starting January 3, 2022. Because these costs are borne by FINRA when a
non-FINRA member uses the CRD system, FINRA will continue to collect
and retain these fees for the registration of associated persons of
Members that are not also FINRA members.
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    \7\ See supra note 3.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\8\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\9\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among its Members and other persons using its facilities
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. All similarly situated Members are
subject to the same fee structure, and every Member firm must use the
CRD system for registration and disclosure.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The proposed fee is reasonable because it is identical to the fee
adopted by FINRA for use of the CRD system for disclosure and the
registration of associated persons of FINRA members.\10\ Thus, the
Exchange Rule 15.1(e) will reflect the current registration rate that
will be assessed by FINRA as of January 3, 2022 for any Members that
are not also FINRA members. The Exchange also believes the proposed fee
change is reasonable, because, as noted in the FINRA Fee Filing, FINRA
is increasing the CRD system fees to provide enough revenue to support
its regulatory mission.\11\ Notably, FINRA has not increased CRD system
fees since 2012.\12\
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    \10\ See supra note 3.
    \11\ See supra note 3.
    \12\ See supra note 3.
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    The Exchange believes that its proposal to increase the $100 fee
for each initial Form U4 filed for the registration of a representative
or principal to $125 is equitable and not unfairly discriminatory
because the equivalent fees will be charged by FINRA of all users of
the CRD system, whether or not they are FINRA members. Therefore, all
users of the CRD system will equally bear the cost of maintaining the
system.\13\
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    \13\ See supra note 3.
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    FINRA further noted its belief that the proposed fees are
reasonable because they help to ensure the integrity of the information
in the CRD system, which is important because the Commission, FINRA,
other self-regulatory organizations and state securities regulators use
the CRD system to make licensing and registration decisions, among
other things.\14\
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    \14\ See supra note 3.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. Specifically,
the Exchange believes that the proposed fees will result in the same
regulatory fees being charged to all Members required to report
information to the CRD system and for services performed by FINRA,
regardless of whether or not such Members are FINRA members.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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 \15\ and Rule 19b-4(f)(2) \16\ thereunder.
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    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 17 CFR 240.19b-4(f)(2).
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    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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MEMX-2021-20 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-MEMX-2021-20. 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; 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-MEMX-2021-20 and should be submitted on
or before February 9, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-00870 Filed 1-18-22; 8:45 am]
BILLING CODE 8011-01-P


MEMORANDUM

DATE:		December 1, 2014

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

FROM:	U.S. EPA Region 7

SUBJECT:	September 10, 2014, Meeting Regarding Proposed Carbon Power Plan for Existing Power Plants
--------------------------------------------------------------------------------

SUMMARY

   *    Speaker - Karl Brooks (8-10 minutes of remarks/5 minute Q&A)

   *    Event Overview  -  National-level discussion of GHG strategies and the Clean Power Plan.

   *    Attendees  -  No official count but more than 200 people attended including utilities, regional transmission organizations, environmental engineers, policy makers and top environmental engineering company leaders

* Goals

   o The Clean Power Plan is designed to cut the harmful carbon pollution fueling climate change from power plants by seizing clean energy and energy efficiency opportunities. EPA's Clean Power Plan reflects measured actions to confront climate change.
   o Greenhouse Gas Strategies Forum attendees should continue the vigorous discussion as they dissect the Clean Power Plan and learn more about its intricacies.
   o Our proposal doesn't prescribe -- it propels progress underway.
   o Forward-thinking utilities have already invested local money to cut harmful air emissions.
   o The state goals spring from smart and sensible opportunities that states and businesses are taking advantage of right now. From plant to plug.
   o The good news is that our proposal follows the trails already blazed by cities and states around the country.
   o Our plan doesn't just give states more options -- it gives entrepreneurs and investors more options, too, by unleashing the market forces that drive innovation and investment in cleaner power and low-carbon technologies.
      o       New investment in energy efficiency means new jobs -- both direct jobs and the indirect jobs in supporting industries.

EPA ATTENDEES  -

* Karl Brooks, Regional Administrator, and Ward Burns, AWMD subject matter expert


[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Notices]
[Pages 55137-55139]
[FR Doc No: 2017-25028]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82072; File No. S7-24-89]

Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of the Fortieth Amendment to the Joint Self-Regulatory Organization
Plan Governing the Collection, Consolidation and Dissemination of
Quotation and Transaction Information for Nasdaq-Listed Securities
Traded on Exchanges on an Unlisted Trading Privileges Basis

November 14, 2017.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 608 thereunder,\2\ notice is hereby given that
on October 19, 2017, the Participants \3\ in the Joint Self-Regulatory
Organization Plan Governing the Collection, Consolidation and
Dissemination of Quotation and Transaction Information for Nasdaq-
Listed Securities Traded on Exchanges on an Unlisted Trading Privileges
Basis (``NASDAQ/UTP Plan'' or ``Plan'') filed with the Securities and
Exchange Commission (``Commission'') a proposal to amend the NASDAQ/UTP
Plan.\4\ The amendment is the 40th Amendment to the NASDAQ/UTP Plan
(``Amendment'').\5\ The Amendment proposes to modify the text of the
fee schedule of the Plan to conform the text of the Plan to what was
described in both the transmittal letter for the Thirty-Third Amendment
to the Plan and the Commission's public notice of the filing of the
Thirty-Third Amendment to the Plan.\6\
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The Participants are: Bats BYX Exchange, Inc.; Bats BZX
Exchange, Inc.; Bats EDGA Exchange, Inc.; Bats EDGX Exchange, Inc.;
Chicago Board Options Exchange, Incorporated; Chicago Stock
Exchange, Inc.; Financial Industry Regulatory Authority, Inc.;
Investors Exchange LLC; Nasdaq BX, Inc.; Nasdaq ISE, LLC; Nasdaq
PHLX LLC; The Nasdaq Stock Market LLC; New York Stock Exchange LLC;
NYSE Arca, Inc.; NYSE American LLC; and NYSE National, Inc.
(collectively, the ``Participants'').
    \4\ The Plan governs the collection, processing, and
dissemination on a consolidated basis of quotation information and
transaction reports in Eligible Securities for each of its
Participants. This consolidated information informs investors of the
current quotation and recent trade prices of Nasdaq securities. It
enables investors to ascertain from one data source the current
prices in all the markets trading Nasdaq securities. The Plan serves
as the required transaction reporting plan for its Participants,
which is a prerequisite for their trading Eligible Securities. See
Securities Exchange Act Release No. 55647 (April 19, 2007), 72 FR
20891 (April 26, 2007).
    \5\ See Letter from Emily Kasparov to Brent J. Fields, dated
October 18, 2017 (``Transmittal Letter'').
    \6\ See, e.g., Transmittal Letter at 1, 3; Securities Exchange
Act Release No. 73279 (October 1, 2014), 79 FR 60522, (October 7,
2014) (``October 2014 Non-Display Filing'').
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    The original filing and notice included the following language
designed to direct Participants to look to the regular fee schedule:
``but the data may be fee liable under the regular fee schedule.'' \7\
Due to what the Participants state was an inadvertent omission, the
language described in the transmittal letter and included in the public
notice of the filing was omitted from the text of the Plan.\8\ The
Participants propose to amend the Plan language to state that the Non-
Display fees do not apply when data is used to create derived data and
the derived data is used for the purposes of solely displaying the
derived data, and also to conform the Plan language to the original
filing and notice directing subscribers to separate provisions of the
Plan that still apply.\9\ Thus, the following conforming language would
be added: ``but the data may be fee liable under the regular fee
schedule.'' \10\ No comments were received on this topic when the
Thirty-Third Amendment was noticed.
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    \7\ See October 2014 Non-Display Filing, 79 FR at 60525.
    \8\ See Transmittal Letter at 1, 3.
    \9\ See Transmittal Letter at 3.
    \10\ See Addendum 1 to the Thirty-Third Amendment to the Plan.
The Addendum is marked to show the changes to the text of the Plan
that the Participants proposed in the Thirty-Third Amendment.
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    Pursuant to Rule 608(b)(3)(i) under Regulation NMS,\11\ the
Participants designate the Amendment as establishing or changing a fee
or other charge collected on behalf of the Participants in connection
with access to, or use of, any facility contemplated by the Nasdaq/UTP
Plan and are submitting the amendment for immediate effectiveness.
---------------------------------------------------------------------------

    \11\ 17 CFR 242.608(b)(3)(i).
---------------------------------------------------------------------------

    The Commission is publishing this notice to solicit comments from
interested persons on the Amendment. Set forth in Sections I and II is
the statement of the purpose and summary of the Amendments, along with
the information required by Rules 608(a) and 601(a) under the Act,
prepared and submitted by the Participants to the Commission.

I. Rule 608(a)

A. Purpose of the Amendment

1. Background
    Derived data consists of pricing data or other information that is
created in whole or part from consolidated quotation or last sale
information and:
     Cannot be reverse-engineered to recreate the information,
or
     Cannot be used to create other data that is recognized by
NASDAQ to be a reasonable facsimile for the consolidated quotation or
last sale information.
    Historically, derived data that contains price data and is based
upon a single security symbol is fee liable at the underlying product
rates. If derived real-time volume data for a single security does not
also include price data, however, it is not fee liable. Additionally,
derived data that contains price and/or volume data based upon multiple
security symbols is not fee liable. This approach as to when derived
data may be considered fee liable is due to the similarity between
single security derived data containing price data and the consolidated
quotation or last sale information.
    The application of the above-described derived data policy has been
in place since at least 2007.\12\ The derived data policy for UTP
market data paralleled the derived data policy adopted by Nasdaq for
its proprietary data.\13\
---------------------------------------------------------------------------

    \12\ See NASDAQ and UTP Market Data Policies V. 2007-02
(September 13, 2007). The Plan's derived data policy differs from
the treatment of derived data by the CTA and CQ Plan. Under the CTA
and CQ Plan, derived data is never fee liable, even at the
underlying product rates, regardless of how the derived data is
used.
    \13\ As part of the Non-Display amendment in October 2014, the
Participants stated that the fee changes proposed therein would
``move in the direction of continuing to harmonize fee structures
under the Plan with fee structures under the CTA Plan, CQ Plan, and
the OPRA Plan.'' See October 2014 Non-Display Filing, 79 FR at
60523. This language in the October 2014 Non-Display Filing was
intended for the Professional Subscriber device fees, the Non-
Display fees, and the per-query fees and did harmonize these aspects
of the various market data plans' fee structure. It was not intended
to remove all differences that existed at the time the 2014 Non-
Display Filing was submitted to the Commission and that continue
today. For instance, the CTA and CQ Plans have a tiered fee
structure for Professional Subscribers based on the number of
devices while the Plan has a single tier for Professional Subscriber
fees. Conversely, the UTP Plan has a tiered fee structure for its
Cable Television Ticker fee while the CTA and CQ Plan have a single
tier with a set maximum for the same fee. These differences, along
with a difference in the various market data plans'approaches to the
fee liability of derived data, is due to the longstanding historical
differences between the administration of each market data plan.
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2. Correcting Oversight in 2014 Non-Display Amendments
    In October 2014, the Participants amended the Plan's fee schedule
to establish fees for Non-Display Uses and to reduce the Subscriber
fees assessed on Professional Subscribers.\14\ As part of the
amendment, the Participants made clear in their submission that,
although Non-Display fees were not applicable when using the data in
Non-Display to create derived data and the derived data was used for
the purposes of solely displaying the derived data, the data still
could be fee liable under the regular fee schedule.\15\ The
Participants included this language to resolve a potential ambiguity
between the existing derived data policy and the Non-Display fees. This
language was designed to make clear that simply creating derived data
would not result in Non-Display fees because the creation of derived
data could conceivably fall within the definition of a Non-Display Use.
Instead, like the derived data policy since at least 2007, derived data
is meant to be fee liable at the underlying product rates.
---------------------------------------------------------------------------

    \14\ See generally October 2014 Non-Display Filing.
    \15\ Id. at 60525.
---------------------------------------------------------------------------

    Although this language was a part of the transmittal letter and
notice for the October 2014 amendments, the language was inadvertently
left out of the text of the Plan in that amendment. Currently, Exhibit
2 of the Plan states that ``Non-Display Use does not apply to the
creation and use of derived data.'' The Participants are proposing to
correct this inadvertent clerical omission to include in the Plan
language the detail contained in the October 2014 submission.
Therefore, the Participants are proposing to amend the text of the
Plan's fee schedule to insert the Plan's historical derived data policy
that derived data will be subject to the underlying products fee
schedule. As such, the use of data will be excepted from the Non-
Display fees when such data is used to create derived data and such
derived data is used for the purpose of solely displaying the derived
data.
    The Participants believe that this proposed change will align the
October 2014 submission and text of the Plan and maintain the
historical approach of the fee liability of derived data. As such,
instances where a data recipient is using the data in Non-Display to
create derived data, such as Indications of Interest or Volume-Weighted
Average Prices, for the purpose of solely displaying such data, then
the Non-Display fee schedule does not apply. Such use may be fee liable
for the Subscriber fees, and other fees such as Access and/or
Redistributor fees, if applicable.

B. Governing or Constituent Documents

    Not applicable.

C. Implementation of the Amendments

    Because the Participants have designated the Amendment as one
establishing or changing fee or other charge collected on behalf of the
Participants in connection with access to, or use of, any facility
contemplated by the Nasdaq/UTP Plan,\16\ the Amendment became effective
upon filing with the Commission.
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    \16\ See 17 CFR 242.608(b)(3)(i)
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D. Development and Implementation Phases

    See Item I.C. above.

E. Analysis of Impact on Competition

    The Participants assert that the Amendment does not impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Securities Exchange Act of 1934 (the
``Act''). Additionally, the Participants do not believe that the
proposed amendment introduces terms that are unreasonably
discriminatory for the purposes of Section 11A(c)(1)(D) of the Act. The
Participants have submitted this amendment to simply correct an
inadvertent omission in the Plan language to correspond to language
previously contained in a submission to the Commission. This amendment
simply aligns the text of the Plan with the language contained in the
October 2014 submission and the longstanding practice of the Plan's
application of fees to derived data.
    Furthermore, the Participants believe that this longstanding
derived data policy is reasonable in order to protect the Plan's
proprietary rights over consolidated quotation and last sale
information. As previously stated, derived data that contains price
data and is based upon a single security symbol is fee liable at the
underlying product rates. Derived data that contains volume data but no
price data and derived data that is based upon multiple security
symbols is not currently fee liable. Such an approach is logical given
the similarity between derived data that contains price data and is
based upon a single security symbol to the consolidated quotation and
last sale information disseminated by the Plan.

F. Written Understanding or Agreements Relating to Interpretation of,
or Participation in, Plan

    Not applicable.

G. Approval by Sponsors in Accordance With Plan

    See Item I.C. above.

H. Description of Operation of Facility Contemplated by the Proposed
Amendments

    Not applicable.

I. Terms and Conditions of Access

    Not applicable.

J. Method of Determination and Imposition, and Amount of, Fees and
Charges

    The Participants believe that the amendment proposed herein is fair
and reasonable since it corrects an inadvertent omission in order to
ensure the continued implementation of the derived data policy that has
been in place for at least ten years.
    The longstanding derived data policy is reasonable in order to
protect the Plan's proprietary rights over consolidated quotation and
last sale information. As previously stated, derived data that contains
price data and is based upon a single security symbol is fee liable at
the underlying product rates. Derived data that contains volume data
but no price data and derived data that is based upon multiple security
symbols is not currently fee liable. Such an approach is logical given
the similarity between derived data that contains price data and is
based upon a single security symbol to the consolidated quotation and
last sale information disseminated by the Plans.

K. Method and Frequency of Processor Evaluation

    Not applicable.

L. Dispute Resolution

    Not applicable.

II. Rule 601(a)

A. Equity Securities for Which Transaction Reports Shall Be Required by
the Plan

    Not applicable.

B. Reporting Requirements

    Not applicable.

C. Manner of Collecting, Processing, Sequencing, Making Available and
Disseminating Last Sale Information

    Not applicable.

D. Manner of Consolidation

    Not applicable.

E. Standards and Methods Ensuring Promptness, Accuracy and Completeness
of Transaction Reports

    Not applicable

F. Rules and Procedures Addressed to Fraudulent or Manipulative
Dissemination

    Not applicable.

G. Terms of Access to Transaction Reports

    Not applicable.

H. Identification of Marketplace of Execution

    Not applicable.

III. Solicitation of Comments

    The Commission seeks comments on the Amendment. Interested persons
are invited to submit written data, views, and arguments concerning the
foregoing, including whether the proposed Amendment 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 S7-24-89 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 File No. S7-24-89. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies
of the submission, all written statements with respect to the proposed
Amendment that are filed with the Commission, and all written
communications relating to the proposed Amendment between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room on official business days between the hours of 10:00
a.m. and 3:00 p.m. Copies of the Amendment also will be available for
Web site viewing and printing at the principal office of the Plan. 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 S7-24-89 and should be
submitted on or before December 11, 2017.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2017-25028 Filed 11-17-17; 8:45 am]
 BILLING CODE 8011-01-P