[Federal Register: February 15, 2006 (Volume 71, Number 31)]
[Notices]
[Page 8020-8027]
[DOCID:fr15fe06-144]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53256; File No. SR-NASD-2006-013]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change and Amendment No. 1 Thereto To Establish a Unified Pricing
Schedule for NASD Members Using the Nasdaq Market Center and Nasdaq's
Brut and Inet Facilities

February 8, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 30, 2006, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by Nasdaq. On February 1,
2006, Nasdaq submitted Amendment No. 1 to the proposed rule change.\3\
Nasdaq has designated this proposal as one establishing or changing a
due, fee, or other charge imposed by the self-regulatory organization
under Section 19(b)(3)(A)(ii) \4\ of the Act and Rule 19b-4(f)(2)
thereunder,\5\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Partial Amendment No. 1 (``Amendment No. 1'') clarifies that
the proposed rule change was approved by the Nasdaq Board of
Directors on February 1, 2006 and not January 24, 2006.
    \4\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \5\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq proposes to modify the pricing for NASD members using the
Nasdaq Market Center and Nasdaq's Brut and Inet Facilities (``Nasdaq
Facilities''). Nasdaq states that it will implement the proposed rule
change on February 1, 2006.
    The text of the proposed rule change, as amended, is below.
Proposed new language is in italics; proposed deletions are in
[brackets].\6\
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    \6\ Changes are marked to the rule text that appears in the
electronic NASD Manual found at http://www.nasd.com. Prior to the

date when The NASDAQ Stock Market LLC (``NASDAQ LLC'') commences
operations, NASDAQ LLC will file a conforming change to the rules of
NASDAQ LLC approved in Securities Exchange Act Release No. 53128
(January 13, 2006), 71 FR 3550 (January 23, 2006) (File No. 10-131).
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* * * * *

7010. System Services

    (a)-(b) No change.
    (c)(1) No change.
    (2) Exchange-Listed Securities Transaction Credit
    NASD members that trade securities listed on the NYSE (``Tape A'')
and Amex (``Tape B'') in over-the-counter transactions may receive from
the NASD transaction credits based on the number of transactions
attributed to them. A transaction is attributed to a member if (i) for
Tape B securities, the transaction is executed through CAES, ITS, or
Nasdaq's Brut or Inet Facilit[y]ies, and the member acts as liquidity
provider (i.e., the member sells in response to a buy order or buys in
response to a sell order) or (ii) for Tape A and Tape B securities, the
transaction is not executed through CAES, ITS, or Nasdaq's Brut or Inet
Facilit[y]ies, and the member is identified as the executing party in a
trade report submitted to the NASD that the NASD submits to the
Consolidated Tape Association. An NASD member may earn credits from one
or both pools maintained by the NASD, each pool representing 50% of the
revenue paid by the Consolidated Tape Association to the NASD for each
of Tape A and Tape B transactions after deducting the amount that the
NASD pays to the Consolidated Tape Association for capacity usage. An
NASD member may earn credits from the pools according to the member's
pro rata share of all over-the-counter transactions attributed to NASD
members in each of Tape A and Tape B for each calendar quarter.
    (d)-(h) No change.
    (i) Nasdaq Market Center, [and] Brut, and Inet [Facility] Order
Execution and Routing
    (1) The following charges shall apply to the use of the order
execution and routing services of the Nasdaq Market Center, [and
Nasdaq's] Brut, and Inet [Facility] (the ``Nasdaq Facilities'') by
members for all Nasdaq-listed securities subject to the Nasdaq UTP Plan
and for Exchange-Traded Funds that are not listed on Nasdaq [a national
securities exchange]. The term ``Exchange-Traded Funds'' shall mean
Portfolio Depository Receipts, Index Fund Shares, and Trust Issued
Receipts as such terms are defined in Rule 4420(i), (j), and (l),
respectively.

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

------------------------------------------------------------------------
                              [Order Entry]
------------------------------------------------------------------------
[Non-Directed Orders and Preferenced     [No charge]
 Orders].
----------------------------------------
                             Order Execution
------------------------------------------------------------------------
[Non-Directed or Preferenced] Order
 that accesses the Quote/Order of a
 market participant that does not
 charge an access fee to market
 participants accessing its Quotes/
 Orders through the Nasdaq Facilities
 [Market Center and/or Nasdaq's Brut
 Facility]:
Charge to member entering order:
[Average daily shares of liquidity
 provided through the Nasdaq Market
 Center and/or Nasdaq's Brut Facility
 by the member during the month:]
[Greater than 10 million]..............  [$0.0027 per share executed
                                          (but no more than $108 per
                                          trade for trades in securities
                                          executed at $1.00 or less per
                                          share)]
Members with an average daily volume     $0.0028 per share executed
 through the Nasdaq Facilities in all     [(but no more than $112 per
 securities during the month of (i)       trade for trades in securities
 more than 30 million shares of           executed at $1.00 or less per
 liquidity provided, and (ii) more than   share)]
 50 million shares of liquidity
 accessed and/or routed [Greater than
 2,000,000 but less than or equal to
 10,000,000].
2,000,000 or less] Other members.......  $0.0030 per share executed
                                          [(but no more than $120 per
                                          trade for trades in securities
                                          executed at $1.00 or less per
                                          share)]
Credit to member providing liquidity:
[Average daily shares of liquidity
 provided through the Nasdaq Market
 Center and/or Nasdaq's Brut Facility
 by the member during the month:]
Members with an average daily volume     $0.0025 per share executed
 through the Nasdaq Facilities in all     [(but no more than $100 per
 securities during the month of more      trade for trades in securities
 than 30 million shares of liquidity      executed at $1.00 or less per
 provided.                                share)]
[Greater than 20 million]..............
[Greater than 2,000,000 but less than    [$0.0022 per share executed
 or equal to 20,000,000].                 (but no more than $88 per
                                          trade for trades in securities
                                          executed at $1.00 or less per
                                          share)]
Other members [Less than or equal to     $0.0020 per share executed
 2,000,000].                              [(but no more than $80 per
                                          trade for trades in securities
                                          executed at $1.00 or less per
                                          share)]
[Non-Directed or Preferenced] Order
 that accesses the Quote/Order of a
 market participant that charges an
 access fee to market participants
 accessing its Quotes/Orders through
 the Nasdaq Market Center:
Charge to member entering order:
[Average daily shares of liquidity
 provided through the Nasdaq Market
 Center and/or Nasdaq's Brut Facility
 by the member during the month:]
Members with an average daily volume     $0.001 per share executed (but
 through the Nasdaq Facilities in all     no more than $10,000 per
 securities during the month of more      month) [$40 per trade for
 than 500,000 shares of liquidity         trades in securities executed
 provided.                                at $1.00 or less per share)]
[500,000 or less]......................
Other members [500,001 or more]........  $0.001 per share executed [(but
                                          no more than $40 per trade for
                                          trades in securities executed
                                          at $1.00 or less per share,
                                          and no more than $10,000 per
                                          month)]
----------------------------------------
         [Routed] Order[s] Routing for Nasdaq-Listed Securities
------------------------------------------------------------------------
Any order entered by a member that is    The greater of (i) $0.004 per
 routed outside of [both] the Nasdaq      share executed or (ii) a pass-
 [Market Center and Nasdaq's Brut]        through of all applicable
 Facilit[y]ies and that does not          access fees charged by
 attempt to execute in the Nasdaq['s      electronic communications
 Brut] Facilit[y]ies prior to routing.    networks that charge more than
                                          $0.003 per share executed.
Any other order entered by a member
 that is routed outside of [both] the
 Nasdaq [Market Center and Nasdaq's
 Brut] Facilit[y]ies:
[Average daily shares of liquidity
 provided through the Nasdaq Market
 Center and/or Nasdaq's Brut Facility
 by the member during the month and
 average daily shares accessed through
 and/or routed from the Nasdaq Market
 Center and/or Nasdaq's Brut Facility
 by the member during the month
 (excluding orders routed outside of
 both the Nasdaq Market Center and
 Nasdaq's Brut Facility that do not
 attempt to execute in Nasdaq's Brut
 Facility prior to routing):]
[Greater than 20 million shares of       [$0.0025 per share executed]
 liquidity provided and greater than 40
 million shares accessed and/or routed]
[Greater than 10 million but less than   [$0.0027 per share executed]
 or equal to 20 million shares of
 liquidity provided and any amount
 accessed or routed, OR greater than 20
 million shares of liquidity provided
 and 40 million or fewer shares
 accessed and/or routed]

Members with an average daily volume     The greater of (i) $0.0028 per
 through the Nasdaq Facilities in all     share executed or (ii) a pass-
 securities during the month of (i)       through of all applicable
 more than 30 million shares of           access fees charged by
 liquidity provided, and (ii) more than   electronic communications
 50 million shares of liquidity           networks that charge more than
 accessed and/or routed [Greater than     $0.003 per share executed.
 2,000,000 but less than or equal to
 10,000,000 shares of liquidity
 provided and any amount accessed and/
 or routed].
Other members [Less than or equal to     The greater of (i) $0.0030 per
 2,000,000 shares of liquidity provided   share executed or (ii) a pass-
 and any amount accessed and/or routed].  through of all applicable
                                          access fees charged by
                                          electronic communications
                                          networks that charge more than
                                          $0.003 per share executed.
----------------------------------------
      Order Routing for Exchange-Traded Funds Not Listed On Nasdaq
------------------------------------------------------------------------
Order routed to the New York Stock       See DOT fee schedule in Rule
 Exchange (``NYSE'') through its DOT      7010(i)(6).
 system.
Any other order entered by a member      $0.004 per share executed.
 that is routed outside of the Nasdaq
 Facilities and that does not attempt
 to execute in the Nasdaq Facilities
 prior to routing.
Order routed to the American Stock       $0.01 per share executed.
 Exchange (``Amex'') after attempting
 to execute in the Nasdaq Facilities.
Order routed through the Intermarket     $0.0007 per share executed.
 Trading System (``ITS'') after
 attempting to execute in the Nasdaq
 Facilities.
Order routed to venues other than the    $0.0035 per share executed.
 NYSE and Amex after attempting to
 execute in the Nasdaq Facilities.
----------------------------------------
                          [Order Cancellation]
------------------------------------------------------------------------
[Non-Directed and Preferenced Orders]..  [No charge].
------------------------------------------------------------------------

    (2) For purposes of assessing Nasdaq [Market Center and Brut]
Facilit[y]ies fees and credits hereunder, (A) a Discretionary Order
that executes prior to being displayed as a Quote/Order will always be
deemed to be accessing liquidity unless it is executed by (or receives
delivery of) a displayed Discretionary Order at a price in the
discretionary price range of the displayed Discretionary Order, and (B)
a Discretionary Order that executes after being displayed as a Quote/
Order will always be deemed to be providing liquidity, unless the
displayed Discretionary Order executes against (or is delivered to) a
Quote/Order or Non-Directed Order that has not been designated
``Immediate or Cancel,'' at a price in its discretionary price range.
    (3) No change.
    (4) Opening Cross.
    [Commencing on January 1, 2006, m]Members shall be assessed the
following Nasdaq Market Center execution fees for quotes and orders
executed in the Nasdaq Opening Cross:

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

------------------------------------------------------------------------
Market-on-Open, Limit-on-Open, Good-     $0.0005 per share executed for
 till-Cancelled, Immediate-or-Cancel,     the net number of buy and sell
 and Day orders executed in the Nasdaq    shares up to a maximum of
 Opening Cross.                           $10,000 per firm per month.
All other quotes and orders executed in  No charge for execution.
 the Nasdaq Opening Cross.
------------------------------------------------------------------------

    (5) Except as provided in paragraph (6), the following charges
shall apply to the use of the order execution and routing services of
the Nasdaq Facilities by members for [There shall be no charges or
credits for order entry, execution, routing, or cancellation by members
accessing the Nasdaq Market Center or Nasdaq's Brut Facility to buy or
sell exchange-listed] securities subject to the Consolidated Quotations
Service and Consolidated Tape Association plans[,] other than Exchange-
Traded Funds (``Covered Securities''):
    [(A) the charges in Rule 7010(i)(1) for Exchange-Traded Funds,]
    [(B) charges described in Rule 7010(d),]
    [(C) a fee of $0.0004 per share executed for orders delivered by
Nasdaq's Brut Facility to an exchange using the exchange's proprietary
order delivery system if such orders do not attempt to execute in
Nasdaq's Brut Facility or the Nasdaq Market Center prior to routing to
the exchange,]
    [(D) a fee of $0.009 per share executed for any limit order
delivered by Nasdaq's Brut Facility to the New York Stock Exchange
(``NYSE'') using the NYSE's proprietory order delivery system if such
an order is not an on-close order, is not executed in the opening, and
remains at the NYSE for more than 5 minutes]
    [(E) for a pilot period beginning December 1, 2005 and ending
February 28, 2006, a credit of $0.0005 per share executed to a member
providing liquidity for a transaction in the following stocks: Advanced
Micro Devices Inc. (AMD); Apache Corp. (APA); AT&T Corp. (T); Avaya,
Inc. (AV); Baker Hughes, Inc. (BHI); BJ Services Co. (BJS); Bristol-
Myers Squibb Co. (BMY); Burlington Resources, Inc. (BR); Calpine Corp.
(CPN); Charles Schwab Corp. (SCH); Citigroup Inc. (C); ConocoPhillips
(COP); Corning Inc. (GLW); Devon Energy Corp. (DVN); EMC Corp. (EMC);
Exxon Mobil Corp. (XOM); Ford Motor Co. (F); Gateway, Inc. (GTW);
General Electric Co. (GE); Halliburton Co. (HAL); Hewlett-Packard Co.
(HPQ); Johnson & Johnson (JNJ); JPMorgan Chase & Co. (JPM); Kohl's
Corp. (KSS); LSI Logic Corp. (LSI); Micron Technology, Inc. (MU);
Motorola, Inc. (MOT); Noble Corp. (NE); Occidental Petroleum Corp.
(OXY); Office Depot Inc. (ODP); Pfizer Inc. (PFE); Phelps Dodge Corp.
(PD); Pulte Homes, Inc. (PHM); Qwest Communications International Inc.
(Q); Schlumberger Ltd. (SLB); Solectron Corp. (SLR); Sovereign Bancorp,
Inc. (SOV); Time Warner, Inc. (TWX); Valero Energy Corp. (VLO); and
Verizon Communications, Inc. (VZ).]

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

------------------------------------------------------------------------
                             Order Execution
------------------------------------------------------------------------
Order that accesses the Quote/Order of
 a Nasdaq Facility market participant:
    Charge to member entering order....  $0.0007 per share executed.
Credit to member providing liquidity:
    Members with an average daily        $0.0005 per share executed.
     volume through the Nasdaq
     Facilities in Covered Securities
     during the month of more than 5
     million shares of liquidity
     accessed, provided, or routed.
    Other members......................  No credit.
----------------------------------------
                              Order Routing
------------------------------------------------------------------------
Order routed to Amex...................  $0.01 per share executed.
Order routed through the ITS...........  $0.0007 per share executed.
Order routed to NYSE...................  See DOT fee schedule in Rule
                                          7010(i)(6).
Order for NYSE-listed Covered Security   $0.0015 per share executed.
 routed to venue other than the NYSE.
Order for Covered Security listed on     $0.0035 per share executed.
 venue other than the NYSE and routed
 to venue other than Amex.
------------------------------------------------------------------------

    (6) The following charges shall apply to the use of the Nasdaq
Facilities by members for routing to the NYSE through its DOT system
for all securities, including Exchange-Traded Funds:

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

------------------------------------------------------------------------
Order charged a fee by the NYSE          $0.01 per share executed.
 specialist.
Order that attempts to execute in the    No charge.
 Nasdaq Facilities prior to routing and
 that is not charged a fee by the NYSE
 specialist.
Order that does not attempt to execute
 in the Nasdaq Facilities prior to
 routing and that is not charged a fee
 by the NYSE specialist:
Average daily shares of liquidity
 routed through Nasdaq's DOT linkage by
 the member during the month:
    More than 30 million...............  $0.0001 per share executed.
    Between 2,000,001 and 30 million...  $0.0003 per share executed.
    Between 250,001 and 2 million......  $0.0005 per share executed.
    Between 100,001 and 250,000........  $0.001 per share executed.
    100,000 or less....................  $0.01 per share executed.
------------------------------------------------------------------------

    [(6)](7) The fees applicable to non-members using Nasdaq's Brut
Facility shall be the fees established for members under Rule 7010(i),
as amended by SR-NASD-2005-019, SR-NASD-2005-035, SR-NASD-2005-048, SR-
NASD-2005-071, SR-NASD-2005-125, SR-NASD-2005-137, and SR-NASD-2005-
154, and as applied to non-members by SR-NASD-2005-020, SR-NASD-2005-
038, SR-NASD-2005-049, SR-NASD-2005-072, SR-NASD-2005-126, SR-NASD-
2005-138, and SR-NASD-2005-155.
    (j)-(v) No change.
    (w) INET System [Order Execution] Connectivity
    (1) [For a period of time not to exceed 60 days after INET becomes
a facility of Nasdaq, t]T he following charges shall apply to
telecommunication protocols [the] used [of the order execution services
of] to access Nasdaq's INET System [by Participants for]:

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

------------------------------------------------------------------------
                       [NASDAQ-listed securities]
------------------------------------------------------------------------
                            [Order Execution]
------------------------------------------------------------------------
[Non-Directed Order that accesses the
 Quote/Order of a market Participant
 through Nasdaq's INET System:].
[Charge to Participant entering order:]
[Average daily shares of liquidity
 provided through Nasdaq's INET System
 by the Participant during the month:].
[Greater than 60 million shares          [$0.0027 per share executed].
 accessed or routed and 5 million
 shares provided].
[Greater than 40 million shares but      [$0.0028 per share executed].
 less than 60 million shares accessed
 or routed and 5 million shares
 provided].
[Less than 5 million shares provided or  [$0.0030 per share executed].
 less than 40 million shares accessed
 or routed].
[Credit to Participant providing
 liquidity:].
[Average daily shares of liquidity
 provided through Nasdaq's INET System
 by the Participant during the month:].
[Greater than 30 million shares          [$0.0025 per share executed].
 provided or greater than 30 million
 shares accessed or routed or greater
 than 50 million shares combined
 provided, accessed or routed].
[Less than or equal to 30 million        [$0.002 per share executed].
 shares provided and less than or equal
 to 30 million shares accessed or
 routed and less than or equal to 50
 million shares combined provided,
 accessed, or routed].

[Any order that matches against another  [$0.00025 per share per side.].
 order of the same Participant].
----------------------------------------
                             [Routed Orders]
------------------------------------------------------------------------
[Any other order entered by a            [$0.0025 per share executed].
 Participant that is routed outside of
 Nasdaq's INET System].
[Any other order entered by a            [$0.001 per share executed]
 Participant that is routed to the
 NASDAQ Opening or Closing Cross].
----------------------------------------
                          [AMEX-listed stocks]
------------------------------------------------------------------------
                            [Order Execution]
------------------------------------------------------------------------
[Non-Directed Order that accesses the
 Quote/Order of a market Participant
 through Nasdaq's INET System:].
[Credit to Participant entering order:]  [$0.0009 per share executed].
[Charge to Participant providing         [$0.001 per share executed].
 liquidity:].
[Any order that matches against another  [No charge].
 order of the same Participant].
----------------------------------------
                             [Routed Orders]
------------------------------------------------------------------------
[Any order entered by a Participant      [$0.01 per share executed].
 that is routed outside of Nasdaq's
 INET System through DOT].
[Any order entered by a Participant      [$0.0035 per share executed].
 that is routed outside of Nasdaq's
 INET System other than through DOT].
----------------------------------------
                           [AMEX-listed ETFs]
------------------------------------------------------------------------
                            [Order Execution]
------------------------------------------------------------------------
[Non-Directed Order that accesses the
 Quote/Order of a market Participant
 through Nasdaq's INET System:].
[Charge to Participant entering order:]
[Average daily shares of liquidity
 provided through Nasdaq's INET System
 by the Participant during the month:].
[Greater than 60 million shares          [$0.0027 per share executed].
 accessed or routed and 5 million
 shares provided].
[Greater than 40 million shares but      [$0.0028 per share executed].
 less than 60 million shares accessed
 or routed and 5 million shares
 provided].
[Less than 5 million shares provided or  [$0.0030 per share executed].
 less than 40 million shares accessed
 or routed].
[Credit to Participant providing
 liquidity:].
[Average daily shares of liquidity
 provided through Nasdaq's INET System
 by the Participant during the month:].
[Greater than 30 million shares          [$0.0025 per share executed].
 provided or greater than 30 million
 shares accessed or routed or greater
 than 50 million shares combined
 provided, accessed or routed].
[Less than or equal to 30 million        [$0.002 per share executed].
 shares provided and less than or equal
 to 30 million shares accessed or
 routed and less than or equal to 50
 million shares combined provided,
 accessed, or routed].
----------------------------------------
[Any order that matches against another  [$0.00025 per share per side.].
 order of the same Participant].
----------------------------------------
                             [Routed Orders]
------------------------------------------------------------------------
[Any order entered by a Participant      [$0.01 per share executed].
 that is routed outside of Nasdaq's
 INET System to the AMEX].
[Any order entered by a Participant      [$0.0035 per share executed].
 that is routed outside of Nasdaq's
 INET System other than to the AMEX].
----------------------------------------
                          [NYSE-listed stocks]
------------------------------------------------------------------------
                            [Order Execution]
------------------------------------------------------------------------
[Non-Directed Order that accesses the
 Quote/Order of a market Participant
 through Nasdaq's INET System:].
[Credit to Participant entering order:]  [$0.0009 per share executed].
[Charge to Participant providing         [$0.001 per share executed].
 liquidity:].
[Any order that matches against another  [No charge].
 order of the same Participant].
----------------------------------------
                             [Routed Orders]
------------------------------------------------------------------------
[Any order entered by a Participant      [$0.01 per share executed].
 that is routed outside of Nasdaq's
 INET System through DOT that is
 charged a fee by the specialist
 (billable)].

[Charge to any order entered by a
 Participant that is routed outside of
 Nasdaq's INET System through DOT that
 is not charged a fee by the specialist
 (non-billable):].
[Average daily shares of billable and
 non-billable NYSE DOT shares:].
[Greater than 30 million shares].......  [$0.0001].
[Greater than 2 million shares but less  [$0.0003].
 than or equal to 30 million shares].
[Greater than 250,000 shares but less    [$0.0005].
 than or equal to 2 million shares].
[Greater than 100,000 shares but less    [$0.001].
 than or equal to 250,000 shares].
[Less than or equal to 100,000 shares].  [$0.01].
[Any order entered by a Participant      [$0.0015 per share executed].
 that is routed outside of Nasdaq's
 INET System other than through DOT].
------------------------------------------------------------------------

    [Upon Participant's request, added liquidity among Participants
that are wholly owned by a common parent may be aggregated. INET will
distribute the market data revenue based on the number of tape
reportable transactions executed by the Participant, as paid to INET.]

[Market Data Revenue Sharing for AMEX Listed (Tape B) Securities]

    [Subscribers that add liquidity to the INET limit order book in
Tape B securities (e.g. AMEX listed securities) will receive 50% of the
market data revenue paid by the Consolidated Tape Association.]
    Port Fees:

Connectivity to Harborside Financial Center and Secaucus Datacenters

     [$400 per month for each OUCH[supreg]/FIX pair
     $400 per month for each ITCH[supreg] data feed pair
     $400 per month for each DROP[supreg] pair]
     $400 per month for each [Compressed ITCH[supreg] data
feed] port pair, other than
     [$1000 per month for each] Multicast ITCH[supreg] data
feed pairs, for which the fee is $1000 per month
    Internet Ports: An additional $200 per month for each Internet port
that requires additional bandwidth.

Connectivity to Chicago Datacenter

     $800 per month for each [OUCH[supreg]/FIX] port pair
     [$800 per month for each ITCH[supreg] data feed pair
     $800 per month for each DROP[supreg] pair]
    All port fees, not including Internet Bandwidth surcharges, will be
waived for Subscribers that for a calendar month have an average daily
share volume for executed orders exceeding 30 million shares of added
liquidity.
    INET Terminal Fees:
    Each ID is subject to a minimum commission fee of $50 per month
unless it executes a minimum of 100,000 shares.
    Each ID receiving market data is subject to pass-through fees for
use of these services. Pricing for these services is determined by the
exchanges and/or market center.
     Each ID that is given web access is subject to a $50
monthly fee.
    Portal Fees:
    Each ID is subject to a monthly user fee of $150.
    Each ID receiving market data is subject to pass-through fees for
use of these services. Pricing for these services is determined by the
exchanges and/or market center.
    (2) No change.
* * * * *

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

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change, as
amended, and discussed any comments it received on the proposed rule
change, as amended. The text of these statements may be examined at the
places specified in Item IV below. Nasdaq 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
    Nasdaq proposes to establish a new fee and credit schedule for
order execution and routing that spans activity on the Nasdaq
Facilities.\7\ In SR-NASD-2005-128,\8\ Nasdaq's filing to establish
rules for the newly acquired Inet ECN, Nasdaq committed that it would,
within 60 days of the closing of the acquisition of Inet, file an
integrated fee and credit structure governing the use of all of the
Nasdaq Facilities. Nasdaq states that the fee and rebate structure is
based on multiple volume-based usage tiers that take into account the
combined volume of a market participant on all of the Nasdaq
Facilities. Nasdaq believes that this integrated and uniform pricing
structure will encourage activity on the Nasdaq Facilities and will not
provide financial incentives to use one system versus the other. Nasdaq
notes that under the new structure, the volumes required to receive
certain discounted fees or enhanced credits are higher than is the case
under current pricing for the Nasdaq Market Center and Brut. Nasdaq
states that this is a function of the fact that the combined volume of
the three systems would be markedly higher than that of any system in
isolation, so an adjustment of the tier thresholds would be necessary
to prevent the combining of the systems from resulting in unwarranted
fee decreases. As stated in a Current Report on Form 8-K and related
press release filed by Nasdaq with the Commission, Nasdaq does not
currently anticipate that the new pricing structure would have a
material impact on its financial results.\9\
---------------------------------------------------------------------------

    \7\ This filing would apply to NASD members. Nasdaq has
submitted SR-NASD-2006-014 to apply the same pricing structure to
non-members.
    \8\ Securities Exchange Act Release Nos. 52902 (December 7,
2005), 70 FR 73810 (December 13, 2005) (SR-NASD-2005-128) and 52723
(November 2, 2005), 70 FR 67513 (November 7, 2005) (SR-NASD-2005-
128).
    \9\ See Current Report on Form 8-K of The Nasdaq Stock Market,
Inc. (January 6, 2006) (available at http://www.sec.gov/Archives/edgar/data/1120193/
<PHONE_NUMBER>06002815/0001193125-06-002815-

index.htm).
---------------------------------------------------------------------------

    Specific features of the new pricing structure for Nasdaq-listed
securities and exchange-traded funds (``ETFs'') are as follows:
     Members with an average daily volume through the Nasdaq
Facilities in all securities (i.e., listed on Nasdaq or elsewhere)
during the month of (i) more than 30 million shares of liquidity
provided, and (ii) more than 50 million shares of liquidity accessed
and/or routed would pay $0.0028 per share to access liquidity from
market participants that do not charge an access fee; all others would
pay $0.003 per

share to access liquidity from market participants that do not charge
an access fee.\10\
---------------------------------------------------------------------------

    \10\ Telephone conversation between John Yetter, Associate
General Counsel, Exchange, and David Liu and Michou Nguyen,
Attorneys, Division of Market Regulation (``Division''), Commission,
on February 2, 2006.
---------------------------------------------------------------------------

     Members with an average daily volume through the Nasdaq
Facilities in all securities during the month of more than 30 million
shares of liquidity provided and that do not charge an access fee would
receive a credit of $0.0025 per share when providing liquidity; others
that do not charge an access fee would receive $0.002 per share; and
members that charge an access fee would not receive a credit.
     Members with an average daily volume through the Nasdaq
Facilities in all securities during the month of more than 500,000
shares of liquidity provided would pay $0.001 per share to access
liquidity from market participants that charge an access fee, with a
cap of $10,000 per month; all others would pay $0.001 per share with no
cap.
    When routing orders for Nasdaq-listed securities that check the
books of the Nasdaq Facilities before routing, members with an average
daily volume through the Nasdaq Facilities in all securities during the
month of (i) more than 30 million shares of liquidity provided, and
(ii) more than 50 million shares of liquidity accessed and/or routed
would pay the greater of $0.0028 per share or the applicable access
fees of electronic communications networks (ECNs) that charge more than
$0.003 per share. Other members would pay the greater of $0.003 per
share or the applicable access fees of ECNs that charge more than
$0.003 per share. Finally, members routing orders for Nasdaq-listed
securities that do not first check the books of the Nasdaq Facilities
would pay the greater of $0.004 per share or the applicable access fees
of ECNs that charge more than $0.003 per share. Thus, in most cases,
Nasdaq would pass through to its market participants the cost that it
is charged when routing to ECNs that charge more than $0.003 per share.
    The fees for routing ETFs not listed on Nasdaq would be as follows:
(i) $0.01 per share for an order executed to the American Stock
Exchange (``Amex'') after checking the Nasdaq Facilities, (ii) $0.0035
per share for an order executed on venues other than the New York Stock
Exchange (``NYSE'') and Amex after checking the Nasdaq Facilities,
(iii) $0.0007 for an order executed through the Intermarket Trading
System (``ITS'') after checking the Nasdaq Facilities, and (iv) $0.004
per share for an order that is executed without checking the Nasdaq
Facilities.\11\ Fees for ETF orders executed on the NYSE are described
below.\12\
---------------------------------------------------------------------------

    \11\ Id.
    \12\ Id.
---------------------------------------------------------------------------

    Specific features of the new pricing structure for non-Nasdaq-
listed securities other than ETFs (``Covered Securities'') would be as
follows:
     All members would pay $0.0007 per share for orders that
access liquidity from the Nasdaq Facilities.
     Members with an average daily volume through the Nasdaq
Facilities in Covered Securities during the month of more than 5
million shares of liquidity accessed, provided, or executed\13\ would
receive a credit of $0.0005 per share of liquidity provided; others
would not receive a liquidity provider credit. As a result, Nasdaq
would be ending the liquidity provider credit pilot for 40 NYSE-listed
stocks under Rule 7010(i)(5)(E).\14\
---------------------------------------------------------------------------

    \13\ Id.
    \14\ See Securities Exchange Act Release Nos. 53081 (January 9,
2006), 71 FR 2608 (January 17, 2006) (SR-NASD-2005-154) and 53082
(January 9, 2006), 71 FR 2607 (January 17, 2006) (SR-NASD-2005-155).
---------------------------------------------------------------------------

     The fees for routing Covered Securities would be as
follows: (i) $0.01 per share for an order executed on Amex, (ii)
$0.0035 per share for an order for a security listed on a venue other
than the NYSE and executed on a venue other than Amex, (iii) $0.0015
per share for an NYSE-listed Covered Security executed on a venue other
than the NYSE, and (iv) $0.0007 per share for an order executed on the
ITS.\15\
---------------------------------------------------------------------------

    \15\ Telephone conversation between John Yetter, Associate
General Counsel, Exchange, and David Liu and Michou Nguyen,
Attorneys, Division, Commission, on February 2, 2006.
---------------------------------------------------------------------------

    Fees for orders in NYSE-listed Covered Securities and NYSE-listed
ETFs routed to the NYSE through its DOT system are described below:
     Orders that are routed through DOT after accessing the
Nasdaq Facilities and that are not charged a fee by the NYSE specialist
would be free. Members would pay a fee of $0.01 per share for orders
that are charged a fee by the NYSE specialist.
     The fee for orders routed through DOT without accessing
the Nasdaq Facilities would depend on a member's volume of usage of
Nasdaq's DOT linkage. Members routing an average daily volume of more
than 30 million shares during the month would pay $0.0001 per share
executed; members routing between 2,000,001 and 30 million shares would
pay $0.0003 per share executed; members routing between 250,001 and 2
million shares would pay $0.0005 per share executed; members routing
between 100,001 and 250,000 shares would pay $0.001 per share executed;
and members routing 100,000 shares or less would pay $0.01 per share
executed.
    Other changes being effected by the proposed rule change would be
as follows:
     Nasdaq would be eliminating fee and credit caps currently
in place for trades priced under $1. Nasdaq states that the caps were
instituted as a response to high trading volumes in certain low-priced
stocks several years ago and have less relevance to the current trading
environment.
     Good-till-Cancelled and Immediate-or-Cancel orders would
be added to the list of order types that pay a $0.0005 per share fee
when executed in Nasdaq's Opening Cross. Other fees for the Opening
Cross and the Closing Cross would be unchanged.
     The Nasdaq Market Center and Brut would no longer share
market data revenue associated with transactions in securities listed
on the NYSE that are executed through these systems. Nasdaq represents
that Inet does not currently share such revenue.
     Most Inet fees contained in Rule 7010(w) would be deleted.
However, fees for use of Inet's telecommunications protocols would be
maintained. Since Inet continues to use different telecommunications
protocols and is operated out of its own data centers, Nasdaq believes
that it is appropriate to maintain Inet's current connectivity pricing.
Nasdaq believes that the telecommunications charges associated with
accessing Inet are comparable to those associated with accessing the
Nasdaq Market Center and Brut. However, Nasdaq would be deleting some
redundant language from the rule language describing these fees.
    Nasdaq would be deleting unnecessary references to order entry
fees, order cancellation fees, and preferenced orders.
2. Statutory Basis
    Nasdaq believes that the proposed rule change, as amended, is
consistent with the provisions of Section 15A of the Act,\16\ in
general, and with Section 15A(b)(5) of the Act,\17\ in particular, in
that the proposed rule change, as amended, 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
NASD operates or controls. Nasdaq states that

the proposed rule change, as amended, would establish a uniform fee
schedule for the Nasdaq Facilities that takes account of the higher
volumes associated with the combining of the Nasdaq Facilities for
purposes of determining pricing discounts. Nasdaq does not currently
anticipate that the new pricing structure would have a material impact
on its financial results.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78o-3.
    \17\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

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

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

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

    Nasdaq states that written comments were neither solicited nor
received.

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

    The foregoing rule change, as amended, is subject to Section
19(b)(3)(A)(ii) of the Act \18\ and subparagraph (f)(2) of Rule 19b-4
\19\ thereunder because it establishes or changes a due, fee, or other
charge imposed by the self-regulatory organization. Accordingly, the
proposal is effective upon Commission receipt of the filing. At any
time within 60 days of the filing of such proposed rule change, the
Commission may summarily abrogate 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.\20\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \19\ 17 CFR 240.19b-4(f)(2).
    \20\ The effective date of the original proposed rule change is
January 30, 2006, and the effective date of Amendment No. 1 is
February 1, 2006. For purposes of calculating the 60-day period
within which the Commission may summarily abrogate the proposed rule
change, as amended, the Commission considers the period to commence
on February 1, 2006, the date on which the Exchange submitted
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2006-013 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NASD-2006-013. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NASD. 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-NASD-2006-013 and should be submitted on or before March
8, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-2106 Filed 2-14-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Rules and Regulations]
[Pages 8750-8751]
[FR Doc No: 2023-02842]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1262; Airspace Docket No. 22-ASO-21]
RIN 2120-AA66

Establishment of Class E Airspace; Union Springs, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Franklin Field Airport, Union Springs,
AL, to accommodate area navigation (RNAV) global positioning system
(GPS) standard instrument approach procedures (SIAPs) serving this
airport.

DATES: Effective 0901 UTC, April 20, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, contact the Rules
and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it establishes airspace in Union Springs, AL, to support IFR
operations in the area.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2022-1262 in the Federal Register (87 FR 65180, October 28, 2022)
to establish Class E airspace extending upward from 700 feet above the
surface at Franklin Field Airport, Union Springs, AL, to accommodate
RNAV GPS standard instrument approach procedures (SIAPs) serving this
airport.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. One
comment was received supporting this action.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11G, dated August 19, 2022, and effective September
15, 2022, which is incorporated by reference in 14 CFR 71.1. The Class
D and E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.

Incorporation by Reference

    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which
is incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022.
These updates will be published subsequently in the next update to FAA
Order JO 7400.11. FAA Order JO 7400.11G is publicly available as listed
in the ADDRESSES section of this document. FAA Order JO 7400.11G lists
Class A, B, C, D, and E airspace areas, air traffic routes, and
reporting points.

The Rule

    The FAA is amending 14 CFR part 71 by establishing Class E airspace
extending upward from 700 feet above the surface within an 8.1-mile
radius of Franklin Field Airport, Union Springs, AL, to accommodate
RNAV GPS standard instrument approach procedures (SIAPs) serving this
airport. Controlled airspace is necessary for the safety and management
of instrument flight rules (IFR) operations in the area.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is minimal. Since
this is a routine matter that only affects air traffic procedures and
air navigation, it is certified that this rule, when promulgated, does
not have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a.
    This airspace action is not expected to cause any potentially
significant environmental impacts, and no extraordinary circumstances
exist that warrant the preparation of an environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO AL E5 Union Springs, AL [Established]

Franklin Field Airport, AL
    (Lat. 32[deg]10'03'' N, long. 85[deg]48'40'' W)

    That airspace extending upward from 700 feet above the surface
within an 8.1-mile radius of Franklin Field Airport.

    Issued in College Park, Georgia, on February 3, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-02842 Filed 2-9-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Rules and Regulations]
[Pages 52233-52236]
[FR Doc No: 2012-19961]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R02-OAR-2012-0032, FRL-9714-5]

Approval and Promulgation of Implementation Plans and Operating
Permits Program; Commonwealth of Puerto Rico; Administrative Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving revisions to the Puerto Rico Regulations for
the Control of Atmospheric Pollution, submitted to EPA by the Puerto
Rico Environmental Quality Board on July 13, 2011. This action approves
revisions to Rules 102, 111, 115, 116 and Appendix A. EPA is also
approving a revision to Rule 609 as part of Puerto Rico's Title V
Operating Program. Generally the revisions to the regulations involve
administrative changes which improve the clarity of the rules contained
in the Commonwealth's Implementation Plan and Operating Permits
Program. They do not change the emission limitations nor add
significant new requirements.

DATES: Effective Date: This rule will be effective on September 28,
2012.

ADDRESSES: EPA has established a docket for this action under the
Federal Docket Management System (FDMS) which replaces the Regional
Materials in EDOCKET (RME) docket system. The new FDMS is located at
www.regulations.gov and the docket ID for this action is EPA-R02-OAR-
2012-0032. All documents in the docket are listed in the FDMS index.
Publicly available docket materials are available either electronically
in FDMS or in hard copy at the Environmental Protection Agency, Region
2 Office, Air Programs Branch, 290 Broadway, 25th Floor, New York, New
York 10007-1866. Copies of the documents relevant to this action are
also available for public inspection during normal business hours, by
appointment at the Air and Radiation Docket and Information Center,
Environmental Protection Agency, Room 3334, 1301 Constitution Avenue
NW., Washington, DC; and the Puerto Rico Environmental Quality Board,
Cruz A. Matos Environmental Agencies

Building, 1375 Ponce de Leon Avenue, San Juan, Puerto Rico, 00926.

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On July 13, 2011, the Puerto Rico
Environmental Quality Board (PREQB) submitted to EPA a request for
approval of revisions to the Puerto Rico Regulations for the Control of
Atmospheric Pollution (PRRCAP). In the context of the Clean Air Act
(CAA or Act), the Commonwealth of Puerto Rico is regarded as a state.
Generally the changes to the PRRCAP involve administrative changes
which improve the clarity of the rules. They do not change the emission
limitations nor add significant new requirements.
    On March 22, 2012 (77 FR 16676), EPA published a direct final rule
that approved the revisions to the Puerto Rico Regulations for the
Control of Atmospheric Pollution that were submitted to EPA by PREQB on
July 13, 2011. EPA also published a proposed rule on March 22, 2012 (77
FR 16795). In the direct final rule, EPA stated that if we received
adverse comments by April 23, 2012, the rule would be withdrawn and not
take effect. EPA received an adverse comment and withdrew the direct
final rule on May 29, 2012 (77 FR 31499). Based upon the proposed
action published on March 22, 2012 (77 FR 16795), EPA is addressing the
comment received in this final action. EPA is not instituting a second
comment period on this action.

I. Revisions to the PRRCAP

    Most of the revisions consist of clarification type changes such as
public law or code cites or word changes. A summary of the various
revisions is given below. EPA has determined that the revisions improve
the effectiveness of the PRRCAP and will have no negative effect on
maintaining the national ambient air quality standards.

A. General Provisions

Rule 102, ``Definitions'' and Appendix A, ``Hazardous Air Pollutants--
Section 112(b) of the Clean Air Act''
    PREQB revised two definitions in the revised Rule 102. They include
the definition for ``Volatile Organic Compounds (VOC)'' and the
definition for ``Applicable Rule and Regulation.'' PREQB revised the
VOC definition to make it consistent with EPA's definition for VOC
found in 40 CFR section 51.100(s). The revision to the ``Applicable
Rule and Regulation'' definition includes a change to the citation of
Puerto Rico's Environmental Public Policy Act. It was previously
referenced in the definition as Law No. 9 of June 18, 1970. That Law
was replaced by Law No. 416 of September 22, 2004.
    PREQB also revised Appendix A to the PRRCAP. PREQB revised Appendix
A to make it consistent with EPA's amended list of hazardous air
pollutants in CAA section 112. Appendix A is referenced in the
federally approved definition of Rule 102--``Hazardous Air Pollutant''
of the PRRCAP.
Rule 111, ``Applications, Hearings, Public Notice'' and Rule 115,
``Punishment''
    PREQB revised Rules 111 and 115 in order to change the citation to
Puerto Rico's Environmental Public Policy Act. It was previously
referenced in Rules 111 and 115 as Law No. 9 of June 18, 1970. That Law
was replaced by Law No. 416 of September 22, 2004.
Rule 116, ``Public Nuisance''
    PREQB revised Rule 116 in order to revise the citation of the
applicable Puerto Rico code. Rule 116 previously referenced Article 329
of the Penal Code of Puerto Rico and this reference was replaced with
Article 277 of the Civil Prosecution Code of Puerto Rico.
    None of the revisions to Rules 102, 111, 115, 116 or Appendix A of
the PRRCAP involve changing the stringency of these provisions. EPA has
thoroughly reviewed all of the revisions contained in these rules and
has determined they meet EPA guidance and requirements; therefore, EPA
is approving these revised rules. However, with regard to the revisions
to the definition of VOC in Rule 102 and Appendix A, which are intended
to achieve consistency with the CAA Section 112 list of chemicals, it
is important to note that the CAA Section 112 list could potentially be
revised by EPA and, for federal enforcement purposes, EPA will rely on
the federally issued CAA Section 112 list.

B. Other Provisions

Rule 609, ``Permit Review''
    PREQB also submitted a revision to Rule 609(g), ``Confidential
information'' of the PRRCAP on July 13, 2011. The revisions to Rule 609
include the citation for Puerto Rico's Environmental Public Policy Act.
It was previously referenced as Law No. 9 of June 18, 1970. That Law
has subsequently been replaced by Law No. 416 of September 22, 2004.
Rule 609 was never approved into the federally enforceable SIP for
Puerto Rico since the provisions of Rule 609 are relevant to the Title
V of the Act requirements. The federally approved SIP reflects only
Title I of the Act requirements and not Title V. Therefore, EPA is not
approving the revisions to Rule 609 into the federally enforceable
Puerto Rico SIP. However, EPA is approving the revision to Rule 609 as
part of the federally approved Puerto Rico Title V operating permits
program. Rule 609 and the Puerto Rico Title V program were previously
approved by EPA on February 26, 1996 (61 FR 7073).

II. What comments did EPA receive in response to its proposal?

    On March 22, 2012 (77 FR 16676), EPA proposed to approve the
revisions to the PRRCAP, submitted to EPA by the Puerto Rico
Environmental Quality Board on July 13, 2011.
    In response to EPA's March 22, 2012 proposed rulemaking action, EPA
received one comment from Aida T. Fuentes Rivera, MPH.
    Comment: The commentor states that there are other volatile organic
compounds that have the potential to volatilize and produce adverse
health effects, but are neither subject to the PRRCAP Rule 102
definition for VOCs, nor included in the section 112(b) Hazardous Air
Pollutant (HAP) list. The commentor suggests that Puerto Rico harmonize
all of its rules to clarify the applicability of all sources of VOCs,
not just those sources applicable to Rule 102, National Emission
Standards from Hazardous Air Pollutants (NESHAPs) or New Source
Performance Standards (NSPS) or other federal requirements.
    Response: EPA is approving a revision to the PRRCAP to include,
among other things, the federal definition of ``VOC'' into Rule 102.
This definition is consistent with the existing federal definition of
VOC found in 40 CFR section 51.100(s). EPA is acting on a request by
the PREQB to include such definition into its SIP. Incorporation of the
definition into the Puerto Rico SIP does not impose any new
requirements, i.e., emission rates, reporting or recordkeeping. It is
PREQB's prerogative should they subsequently decide to revise their SIP
approved regulations, i.e., Rules 102 and 206 (Rule 419 and Appendix B
are not part of the federally approved Puerto Rico SIP), to include a
discussion of those rules' applicability to sources not otherwise
affected by NESHAPs, NSPS or other federal requirements. However, that
is not necessary for EPA approval of the definition of VOC into the
SIP, nor is that part of PREQB's request for which EPA is taking this
action. EPA suggests the comment would be more

appropriately directed towards PREQB during the public hearing process
associated with any subsequent and relevant revisions to the PRRCAP.
Also, it is important to note that approved implementation plans or
SIPs pursuant to section 110 of the CAA are required to include
provisions necessary to implement, maintain and enforce the criteria
pollutants or national ambient air quality standards and not directly
HAPs or air toxics.

III. Conclusion

    The revisions to Rules 102, 111, 115, 116 and Appendix A of the
PRRCAP, effective February 18, 2011, are generally administrative
changes, which improve the clarity of the rules. They do not change
emission limitations nor add significant new requirements. EPA has
thoroughly reviewed all of the revisions contained in these rules and
has determined they meet EPA guidance and requirements. EPA is
therefore approving revised PRRCAP Rules 102, 111, 115, 116 and
Appendix A into the SIP. In addition, EPA is approving revised Rule 609
of the PRRCAP, effective February 18, 2011, as part of the federally
approved Puerto Rico Title V operating permits program.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 29, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 70

    Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: July 31, 2012.
Judith A. Enck,
Regional Administrator, Region 2.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

    Authority:  42 U.S.C. 7401-7671q.

Subpart BBB--Puerto Rico

0
2. Section 52.2723 is amended by revising the ``EPA approval date''
entries for Rules 102, 111, 115, 116 and Appendix A.

Sec.  52.2723   EPA approved Puerto Rico regulations.

                               Regulation for the Control of Atmospheric Pollution
----------------------------------------------------------------------------------------------------------------
                                         Commonwealth
        Puerto Rico regulation          effective date      EPA approval date                 Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Rule 102--Definitions.................         2/18/11  8/29/12, [Insert FR page   Puerto Rico's Environmental
                                                         citation].                 Public Policy Act Law No. 9
                                                                                of June 18, 1970 was
                                                                                replaced with Law 416 of
                                                                                September 22, 2004.

                                                  * * * * * * *
Rule 111--Applications, Public                 2/18/11  8/29/12, [Insert FR page   Puerto Rico's Environmental
 Hearings and Public Notice.                             citation].                 Public Policy Act Law No. 9
                                                                                of June 18, 1970 was
                                                                                replaced with Law 416 of
                                                                                September 22, 2004.

                                                  * * * * * * *
Rule 115-- Penalties..................         2/18/11  8/29/12, [Insert FR page   Puerto Rico's Environmental
                                                         citation].                 Public Policy Act Law No. 9
                                                                                of June 18, 1970 was
                                                                                replaced with Law 416 of
                                                                                September 22, 2004.
Rule 116-- Public Nuisance............         2/18/11  8/29/12, [Insert FR page   Puerto Rico's Environmental
                                                         citation].                 Public Policy Act Law No. 9
                                                                                of June 18, 1970 was
                                                                                replaced with Law 416 of
                                                                                September 22, 2004.

                                                  * * * * * * *
Appendix A, Hazardous Air Pollutants--         2/18/11  8/29/12, [Insert FR page
 Section 112(b) of the Clean Air Act.                    citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-19961 Filed 8-28-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33127-33129]
[FR Doc No: 2018-15182]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0690]
RIN 1625-AA00

Safety Zone; Yankee Air Museum's Fundraiser Air Demonstration,
Lake St. Clair, Grosse Pointe Farms, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters in the vicinity of Grosse Pointe Farms, MI. This zone
is necessary to protect spectators and vessels from potential hazards
associated with the Yankee Air Museum's Fundraiser Air Demonstration.

DATES: This temporary final rule is effective from 8 p.m. until 8:30
p.m. July 18, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0690 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, or email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Detroit
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that

good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because doing so would be
impracticable. The Coast Guard did not receive the final details of
this air demonstration in time to publish an NPRM. As such, it is
impracticable to publish an NPRM because we lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would inhibit the Coast Guard's ability to protect
participants, mariners and vessels from the hazards associated with
this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Detroit (COTP) has determined that an
aircraft aerial display proximate to a gathering of watercraft poses a
significant risk to public safety and property. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the air demonstration is being
displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 p.m. through 8:30 p.m.
July 18, 2018. The safety zone will encompass all U.S. navigable waters
of Lake St. Clair with in the following corner points: Northeast
corner, 42[deg]24.670' N, 082[deg]51.594' W, Northwest corner
42[deg]24.671' N, 082[deg]51.368' W, Southeast corner 42[deg]24.034' N,
082[deg]51.857' W, Southwest corner 42[deg]24.023' N, 082[deg]51.626' W
(NAD 83). No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of Lake St. Clair for no more than
thirty minutes. Moreover, the Coast Guard will issue Broadcast Notice
to Mariners (BNM) via VHF-FM marine channel 16 about the zone and the
rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the

National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule involves a safety zone lasting less than
thirty minutes that will prohibit entry into a designated area. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0690 to read as follows:

Sec.  165.T09-0690  Yankee Air Museum's Fundraiser Air Demonstration,
Lake St. Clair, Grosse Pointe Farms, MI.

    (a) Location. A safety zone is established to include all U.S.
navigable waters of Lake St. Clair within the following corner points:
Northeast corner, 42[deg]24.670' N, 082[deg]51.594' W, Northwest corner
42[deg]24.671' N, 082[deg]51.368' W, Southeast corner 42[deg]24.034' N,
082[deg]51.857' W, Southwest corner 42[deg]24.023' N, 082[deg]51.626' W
(NAD 83).
    (b) Enforcement period. The regulated area described in paragraph
(a) will be enforced 8 p.m. through 8:30 p.m. on July 18, 2018.
    (c) Regulations. (1) No vessel or person may enter, transit
through, or anchor within the safety zone unless authorized by the
Captain of the Port Detroit (COTP), or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or his on-scene representative.
    (3) The ``on-scene representative'' of COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the Captain of the
Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the COTP or his on-scene
representative to obtain permission to enter or operate within the
safety zone. The COTP or his on-scene representative may be contacted
via VHF Channel 16 or at<PHONE_NUMBER>. Vessel operators given
permission to enter or operate in the regulated area must comply with
all directions given to them by the COTP or his on-scene
representative.

    Dated: July 11, 2018.
Kevin D. Floyd,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2018-15182 Filed 7-16-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Notices]
[Pages 58820-58821]
[FR Doc No: 2011-24324]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4031-DR; Docket ID FEMA-2011-0001]

New York; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New York (FEMA-4031-DR), dated September 13, 2011, and
related determinations.

DATES: Effective Date: September 14, 2011.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of New York is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of August 31, 2011.

    Schenectady County for Individual Assistance.

    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.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-24324 Filed 9-21-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Page 76005]
[FR Doc No: 2015-30737]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: EC16-44-000.
    Applicants: American Illuminating Company, LLC.
    Description: Application for Authorization under Section 203 of
American Illuminating Company.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5478.
    Comments Due: 5 p.m. ET 12/21/15.

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

    Docket Numbers: ER11-3697-000.
    Applicants: Southern California Edison Company.
    Description: Informational Filing of Notice of Revision to Formula
Transmission Rate Annual Update of Southern California Edison Company.
    Filed Date: 12/1/15.
    Accession Number: 20151201-5254.
    Comments Due: 5 p.m. ET 12/22/15.

    Docket Numbers: ER15-2640-001.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: Compliance two-week notice of
activation of CTS with ISO-NE to be effective 12/15/2015.
    Filed Date: 12/1/15.
    Accession Number: 20151201-5193.
    Comments Due: 5 p.m. ET 12/22/15.

    Docket Numbers: ER16-440-000.
    Applicants: Tampa Electric Company.
    Description: Notice of Cancellation of Tampa Electric Company Rate
Schedule FERC No. 79.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5480.
    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-441-000.
    Applicants: Northern States Power Company, a Minnesota corporation.
    Description: Sec.  205(d) Rate Filing: 2015-12-1_Peoples Structure
Sharing_0.0.0--Filing to be effective 12/15/2015.
    Filed Date: 12/1/15.
    Accession Number: 20151201-5164.
    Comments Due: 5 p.m. ET 12/22/15.

    Docket Numbers: ER16-442-000.
    Applicants: Northern Indiana Public Service Company.
    Description: Sec.  205(d) Rate Filing: Supplemental Filing to
Docket No. ER15-2426-00 of Rate Schedule 2 to be effective 1/1/2016.
    Filed Date: 12/1/15.
    Accession Number: 20151201-5167.
    Comments Due: 5 p.m. ET 12/22/15.

    Docket Numbers: ER16-443-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: SGIA Pearblossom Solar
Project Solar Star and CDWR to be effective 12/2/2015.
    Filed Date: 12/1/15.
    Accession Number: 20151201-5208.
    Comments Due: 5 p.m. ET 12/22/15.

    Docket Numbers: ER16-444-000.
    Applicants: Wabash Valley Power Association, Inc.
    Description: Baseline eTariff Filing: FERC Electric Tariff Volume
4--Reactive Tariff to be effective 2/1/2016.
    Filed Date: 12/1/15.
    Accession Number: 20151201-5221.
    Comments Due: 5 p.m. ET 12/22/15.

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

    Docket Numbers: RR16-1-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Petition of the North American Electric Reliability
Corporation for Approval of Amendments to Exhibit B to the Delegation
Agreement with Southwest Power Pool, Inc.--Amendments to Southwest
Power Pool, Inc.'s Bylaws.
    Filed Date: 11/30/15.
    Accession Number: 20151130-5488.
    Comments Due: 5 p.m. ET 12/21/15.

    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
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: December 1, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-30737 Filed 12-4-15; 8:45 am]
 BILLING CODE 6717-01-P