55606 Federal Register / Vol. 68, No. 187 / Friday, September 26, 2003 / Notices 11. EPA update/ briefing: a. Office of Pesticide Programs update. b. Office of Enforcement Compliance Assurance update.

List of Subjects Environmental protection, Pesticide and Pests.

Dated: September 15, 2003. Jay S. Ellenberger, Acting Director, Field and External Affairs Division, Office of Pesticide Programs. [ FR Doc. 03   24369 Filed 9   25   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0316; FRL   7327   8]

FIFRA Scientific Advisory Panel; Notice of Public Meeting AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: There will be a meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel ( FIFRA SAP) to consider and review probabilistic exposure and risk assessment for children who contact chromated copper arsenate ( CCA) treated wood on playsets and decks and CCA containing soil around these structures.

DATES: The meeting will be held from December 3   5, 2003, from 8: 30 a. m. to 5 p. m, eastern standard time. Comments. Deadlines for submission of requests to present oral comments and submission of written comments, see Unit I. F. of the SUPPLEMENTARY INFORMATION. Nominations. Requests for nominations to serve as an ad hoc member of the FIFRA SAP for the meetings should be provided on or before October 10, 2003. Special seating. Requests for special seating arrangements should be made at least 5 business days prior to the meeting.

ADDRESSES: The meeting will be held at the Sheraton Crystal City Hotel, 1800 Jefferson Davis Highway, Arlington, VA 22202. The telephone number for the Sheraton Crystal City Hotel is ( 703) 486   1111. Comments. Written comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION. Nominations, Requests to present oral comments, and Special seating. To submit nominations to serve as an ad hoc member of the FIFRA SAP for the meetings, or requests for special seating arrangements, or requests to present oral comments, notify the Designated Federal Official ( DFO) listed under FOR FURTHER INFORMATION CONTACT. To ensure proper receipt by EPA, your request must identify docket ID number OPP   2003   0316 in the subject line on the first page of your response. FOR FURTHER INFORMATION CONTACT: Paul Lewis, DFO, Office of Science Coordination and Policy ( 7202M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: ( 202) 564   8450; fax number: ( 202) 564   8450; e mail addresses: lewis. paul@ epa. gov. SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. This action may, however, be of interest to persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act ( FFDCA), FIFRA, and the Food Quality Protection Act of 1996 ( FQPA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the DFO listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket ID number OPP   2003   0316. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. A meeting agenda relevant to this meeting is now available. EPA's position paper, charge/ questions to FIFRA SAP, and FIFRA SAP composition ( i. e., members and ad hoc members for this meeting) will be available as soon as possible, but no later than late October 2003. In addition, the Agency may provide additional background documents as the materials become available. You may obtain electronic copies of these documents, and certain other related documents that might be available electronically, from the FIFRA SAP Internet Home Page at http:// www. epa. gov/ scipoly/ sap. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although, not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or on paper, will be made available for public viewing in EPA's electronic public VerDate jul< 14> 2003 20: 21 Sep 25, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 26SEN1. SGM 26SEN1 55607 Federal Register / Vol. 68, No. 187 / Friday, September 26, 2003 / Notices docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and to Whom Do I Submit Comments? In accordance with the Federal Advisory Committee Act ( FACA), the public is encouraged to submit written comment on the topic of this meeting. You may submit comments electronically, by mail, or through hand delivery/ courier. EPA would normally accept requests by mail, but in this time of delays in delivery of government mail due to health and security concerns, EPA cannot assure your request would arrive in a timely manner. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also, include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket/, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2002   0316. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID number OPP   2003   0316. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID number OPP   2003   0316. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID number OPP   2003   0316. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency?

Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the notice or collection activity. 7. Make sure to submit your comments by the deadline in this document. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

VerDate jul< 14> 2003 20: 21 Sep 25, 2003 Jkt 200001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 26SEN1. SGM 26SEN1 55608 Federal Register / Vol. 68, No. 187 / Friday, September 26, 2003 / Notices F. How May I Participate in this Meeting?

You may participate in this meeting by following the instructions in this unit. For submission of CBI, see Unit I. D. To ensure proper receipt by EPA, it is imperative that you identify docket ID number OPP   2003   0316 in the subject line on the first page of your request. 1. Oral comments. Oral comments presented at the meetings should not be repetitive of previously submitted oral or written comments. Although, requests to present oral comments are accepted until the date of the meeting ( unless otherwise stated), to the extent that time permits, interested persons may be permitted by the Chair of FIFRA SAP to present oral comments at the meeting. Each individual or group wishing to make brief oral comments to FIFRA SAP is strongly advised to submit their request to the DFO listed under FOR FURTHER INFORMATION CONTACT no later than noon, eastern standard time, November 25, 2003, in order to be included on the meeting agenda. The request should identify the name of the individual making the presentation, the organization ( if any) the individual will represent, and any requirements for audiovisual equipment ( e. g., overhead projector, 35 mm projector, chalkboard). Oral comments before FIFRA SAP are limited to approximately 5 minutes unless prior arrangements have been made. In addition, each speaker should bring 30 copies of his or her comments and presentation slides for distribution to FIFRA SAP at the meeting. 2. Written comments. Although, submission of written comments are accepted until the date of the meeting ( unless otherwise stated), the Agency encourages that written comments be submitted, using the instructions in Unit I., no later than noon, eastern standard time, November 25, 2003, to provide the FIFRA SAP the time necessary to consider and review the written comments. There is no limit on the extent of written comments for consideration by FIFRA SAP. Persons wishing to submit written comments at the meeting should contact the DFO listed under FOR FURTHER INFORMATION CONTACT and submit 30 copies. 3. Seating at the meeting. Seating at the meeting will be on a first come basis. Individuals requiring special accommodations at this meeting, including wheelchair access, should contact the DFO at least 5 business days prior to the meeting using the information under FOR FURTHER INFORMATION CONTACT so that appropriate arrangements can be made. 4. Request for nominations to serve as ad hoc members of the FIFRA SAP for this meeting. The FIFRA SAP staff routinely solicit the stakeholder community for nominations to serve as ad hoc members of the FIFRA SAP for each meeting. Any interested person or organization may nominate qualified individuals to serve on the FIFRA SAP for a specific meeting. No interested person shall be ineligible to serve by reason of their membership on any other advisory committee to a Federal department or agency or their employment by a Federal department or agency ( except the EPA). Individuals nominated should have expertise in one or more of the following areas: Children's exposure and activities; bioavailability; dermal absorption; probabilistic exposure and probabilistic risk assessment. Nominees should be scientists who have sufficient professional qualifications, including training and experience, to be capable of providing expert comments on the issues for this meeting. Nominees should be identified by name, occupation, position, address, and telephone number. Nominations should be provided to the DFO listed under FOR FURTHER INFORMATION CONTACT by October 10, 2003. The criteria for selecting scientists to serve on the FIFRA SAP are that these persons be recognized scientists   experts in their fields; that they be as impartial and objective as possible; that they represent an array of backgrounds and perspectives ( within their disciplines); have no financial conflict of interest; have not previously been involved with the scientific peer review of the issue( s) presented; and that they be available to participate fully in the review, which will be conducted over a relatively short time frame. Nominees will be asked to attend the public meetings and to participate in the discussion of key issues and assumptions at these meetings. Finally, they will be asked to review and to help finalize the meeting minutes. If a FIFRA SAP nominee is considered to assist in a review by the FIFRA SAP for a particular session, the nominee is subject to the provisions of 5 CFR part 2634, Executive Branch Financial Disclosure, as supplemented by the EPA in 5 CFR part 6401. As such, the FIFRA SAP nominee is required to submit a Confidential Financial Disclosure Form for Special Government Employees Serving on Federal Advisory Committees at the U. S. Environmental Protection Agency ( EPA Form 3110   48 [ 5   02]) which shall fully disclose, among other financial interests, the nominee's employment, stocks, and bonds, and where applicable, sources of research support. EPA will evaluate the nominee's financial disclosure form to assess that there are no formal conflict of interests before the nominee is considered to serve on the FIFRA SAP. Selected FIFRA SAP members will be hired as a Special Government Employee. The Agency will review all nominations; a decision on FIFRA SAP members for the meeting will be posted on the FIFRA SAP web site or may be obtained by contacting the PIRIB at the address or telephone number listed in Unit I.

II. Background A. Purpose of the FIFRA SAP Amendments to FIFRA enacted November 28, 1975 ( 7 U. S. C. 136w( d)), include a requirement under section 25( d) of FIFRA that notices of intent to cancel or reclassify pesticide regulations pursuant to section 6( b)( 2) of FIFRA, as well as proposed and final forms of rulemaking pursuant to section 25( a) of FIFRA, be submitted to a SAP prior to being made public or issued to a registrant. In accordance with section 25( d) of FIFRA, the FIFRA SAP is to have an opportunity to comment on the health and environmental impact of such actions. The FIFRA SAP also shall make comments, evaluations, and recommendations for operating guidelines to improve the effectiveness and quality of analyses made by Agency scientists. Members are scientists who have sufficient professional qualifications, including training and experience, to be capable of providing expert comments as to the impact on health and the environment of regulatory actions under sections 6( b) and 25( a) of FIFRA. The Deputy Administrator appoints seven individuals to serve on the FIFRA SAP for staggered terms of 4 years, based on recommendations from the National Institutes of Health and the National Science Foundation. Section 104 of FQPA ( Public Law 104   170) established the FQPA Science Review Board ( SRB). These scientists shall be available to the FIFRA SAP on an ad hoc basis to assist in reviews conducted by the FIFRA SAP. The FIFRA SAP will meet to consider and review the Agency's exposure and risk assessment for children exposed to CCA treated wood on public playsets and residential decks and playsets and CCA containing soil around these structures. The EPA exposure and risk assessment takes into consideration recent reviews by the Panel analyzing ( 1) the Agency's preliminary evaluation of the non dietary hazard and exposure VerDate jul< 14> 2003 20: 21 Sep 25, 2003 Jkt 200001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 26SEN1. SGM 26SEN1 55609 Federal Register / Vol. 68, No. 187 / Friday, September 26, 2003 / Notices to children from contact with CCAtreated wood playground structures ( October 2001 FIFRA SAP meeting); and ( 2) a scenario specific model ( SHEDSWood to estimate children's exposure and dose to wood preservatives from treated playsets and residential decks ( August 2002 FIFRA SAP meeting). This SAP review is part of the Agency's ongoing reregistration process for CCAtreated wood. The Agency requests that the Panel review: 1. The revised methodology for conducting the probabilistic exposure assessment using EPA's SHEDS Wood model, including whether FIFRA SAP comments on the SHEDS Wood model and inputs ( August 2002 FIFRA SAP meeting) have been appropriately addressed in the CCA risk assessment. 2. SHEDS Wood model predictions for arsenic and chromium exposure and dose for the population of interest, including both variability and uncertainty. 3. Strengths and limitations of exposure, dose and risk assessment aproaches and results that rely upon probabilistic exposure and dose estimation methodologies. To assist the FIFRA SAP in their review, each FIFRA SAP member will be provided CD( s) containing a technical report describing the SHEDSWood probabilistic CCA exposure assessment, annotated SHEDS Wood code, and a technical report presenting the probabilistic CCA risk assessment. These material will also be available to the public via the docket as described under SUPPLEMENTARY INFORMATION.

FIFRA SAP Meeting Minutes The FIFRA SAP will prepare meeting minutes summarizing its recommendations to the Agency in approximately 60 days. The meeting minutes serve as the panel's report and is the formal summary of its findings. The meeting minutes will be posted on the FIFRA SAP web site or may be obtained by contacting the PIRIB at the address or telephone number listed in Unit I.

List of Subjects Environmental protection, Pesticides and pests.

Dated: September 17, 2003.

Joseph J. Merenda,

Director, Office of Science Coordination and Policy. [ FR Doc. 03   24402 Filed 9   25   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ FRL   7563   9]

National and Governmental Advisory Committees to the U. S. Representative to the Commission for Environmental Cooperation AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice of meeting.

SUMMARY: Pursuant to the Federal Advisory Committee Act ( Pub. L. 92   463), the U. S. Environmental Protection Agency ( EPA) gives notice of a meeting of the National Advisory Committee ( NAC) and Governmental Advisory Committee ( GAC) to the U. S. Representative to the North American Commission for Environmental Cooperation ( CEC). The National and Governmental Advisory Committees advise the Administrator of the EPA in her capacity as the U. S. Representative to the Council of the North American Commission for Environmental Cooperation. The Committees are authorized under Articles 17 and 18 of the North American Agreement on Environmental Cooperation ( NAAEC), North American Free Trade Agreement Implementation Act, Public Law 103   182 and as directed by Executive Order 12915, entitled `` Federal Implementation of the North American Agreement on Environmental Cooperation.'' The Committees are responsible for providing advice to the U. S. Representative on a wide range of strategic, scientific, technological, regulatory and economic issues related to implementation and further elaboration of the NAAEC. The National Advisory Committee consists of 12 representatives of environmental groups and non governmental organizations, business and industry, and educational institutions. The Governmental Advisory Committee consists of 12 representatives from State, local and tribal governments. The Committees are meeting to review and comment on the Proposed Commission for Environmental Cooperation ( CEC) Program Plan and Budget for 2004   2006. DATES: The Committees will meet on Thursday, October 9, 2003, from 9 a. m. to 6 p. m., and on Friday, October 10, 2003, from 8: 30 a. m. to 3 p. m. ADDRESSES: The meeting will be held at the Hilton Washington Embassy Row, 2015 Massachusetts Ave., NW., Washington, DC 20036. The meeting is open to the public, with limited seating on a first come, first served basis. FOR FURTHER INFORMATION CONTACT: Mr. Oscar Carrillo Designated Federal Officer, U. S. EPA, Office of Cooperative Environmental Management, at ( 202) 233   0072. Meeting Access: Individuals requiring special accommodation at this meeting, including wheelchair access to the conference room, should contact Oscar Carrillo at least five business days prior to the meeting so that appropriate arrangements can be made.

Dated: September 15, 2003. Oscar Carrillo, Designated Federal Officer. [ FR Doc. 03   24409 Filed 9   25   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0333; FRL   7324   2]

Fenthion; Product Registrations Cancellation Order AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: EPA is issuing a cancellation order for the cancellations, as requested by Bayer Environmental Science, of all of Bayer's registrations for products containing O, O dimethyl O( 4 ( methylthio) m tolyl) phosphorothioate ( fenthion) and accepted by EPA, pursuant to section 6( f) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA). This order follows up a May 30, 2003 notice of receipt of requests from Bayer for cancellations of all of Bayer's fenthion product registrations. In the May 30, 2003 notice, EPA indicated that it would issue an order granting the voluntary product registration cancellations, unless the Agency received any substantive comments within the comment period that would merit its further review of these requests. After reviewing the comments received, EPA decided to approve the voluntary cancellation request. Accordingly, EPA hereby issues this notice of a cancellation order granting the requested cancellations. Any distribution, sale, or use of the products subject to this cancellation order is only permitted in accordance with the terms of the existing stocks provisions of this cancellation order. DATES: This cancellation order will be effective June 30, 2004. FOR FURTHER INFORMATION CONTACT: Susan Jennings, Special Review and Reregistration Division ( 7508C), Office of Pesticide Programs, Environmental VerDate jul< 14> 2003 20: 21 Sep 25, 2003 Jkt 200001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 26SEN1. SGM 26SEN1


[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Notices]
[Pages 23794-23795]
[FR Doc No: 2015-09971]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP15-898-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Section 4(d) rate filing per 154.204: Nicor Gas
Negotiated Rate to be effective 5/14/2015.

    Filed Date: 4/20/15.
    Accession Number: 20150420-5188.
    Comments Due: 5 p.m. ET 5/4/15.

    Docket Numbers: RP15-899-000.
    Applicants: Equitrans, L.P.
    Description: Section 4(d) rate filing per 154.204: Negotiated
Capacity Release Agreement--4/18/2015 to be effective 4/18/2015.
    Filed Date: 4/20/15.
    Accession Number: 20150420-5236.
    Comments Due: 5 p.m. ET 5/4/15.

    Docket Numbers: RP15-900-000.
    Applicants: Horizon Pipeline Company, L.L.C.
    Description: Section 4(d) rate filing per 154.204: Negotiated
Rate--Nicor Gas to be effective 5/14/2015.
    Filed Date: 4/20/15.
    Accession Number: 20150420-5254.
    Comments Due: 5 p.m. ET 5/4/15.

    Docket Numbers: RP15-901-000.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Section 4(d) rate filing per 154.204: Negotiated
Rate--Quicksilver to be effective 4/1/2015.
    Filed Date: 4/20/15.
    Accession Number: 20150420-5269.
    Comments Due: 5 p.m. ET 5/4/15.

    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 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 21, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-09971 Filed 4-28-15; 8:45 am]
 BILLING CODE 6717-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 30, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2004-17387

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  POLYNESIAN LIMITED

Date Filed:  March 22, 2004, as supplemented by letter dated April 23,
2004.

Relief requested:  Exemption from 49 U.S.C. section 40109(g) to permit
the applicant to continue to carry persons and their accompanying
baggage between Pago Pago, American Samoa, and the Manu’a Islands,
American Samoa, beyond April 30, 2004, through May 30, 2004, using
18-seat Twin Otter aircraft.  (In addition, the applicant requests us to
defer action on the remainder of its request, that is, to continue this
passenger service beyond May 30, 2004, through June 25, 2004.)

Applicant representative:  Charles F. Donley II,<PHONE_NUMBER>        DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Polynesian Limited served its application in this Docket on those U.S.
carriers having the potential to conduct these intra-American Samoa
services.  As noted in our NOAT issued on March 26, 2004, the applicant
advised us that each carrier indicated that it did not have aircraft
available to conduct the proposed operation and had no comment or did
not oppose grant of the requested authority.

Initial award:  On March 26, 2004, we granted Polynesian Limited
authority in this Docket to serve American Samoa for a 30-day period
(that is April 1 through April 30, 2004), and deferred action on the
balance of its request (to operate beyond April 30 through June 25,
2004).  The initial authority included the carriage of property and
mail.

Supplemental Submission:  By letter dated April 23, 2004, Polynesian
Limited specifically requested that the Department extend its authority
30 days beyond April 30, 2004, asserting that, although a U.S. carrier,
Village Aviation, recently started intra-American Samoa cargo
operations, Polynesian Limited remains the only carrier holding out
intra-island passenger flights.  Polynesian Limited states that, in
light of Village Aviation’s commencement of cargo service in the
inter-island markets, Polynesian Limited proposes to limit its service
to the carriage of passengers and their baggage and that there continues
to be a need for such lift.

Statutory Standards:  Under 49 U.S.C. section 40109(g), we may authorize
a foreign air carrier to carry commercial traffic between U.S. points
(i.e., cabotage traffic) under limited circumstances.  Specifically, we
must find that the authority is required in the public interest; that
because of an emergency created by unusual circumstances not arising in
the normal course of business the traffic cannot be accommodated by U.S.
carriers holding certificates under 49 U.S.C. section 41102; that all
possible efforts have been made to place the traffic on U.S. carriers;
and that the transportation is necessary to avoid unreasonable hardship
to the traffic involved (an additional required finding, concerning
emergency transportation during labor disputes, was not relevant here).

        DISPOSITION

Action:  Approved in part, remainder deferred (see below).
                   Action date:  April 30, 2004

Basis for approval:  Taking into account the current record, including
that the U.S. carrier Village Aviation has initiated cargo charters in
American Samoa,  we now are granting Polynesian Limited’s request in
this case to continue to operate its intra-American Samoa passenger
services, using its 18-seat Twin Otter aircraft, for an

additional period of 30 days (that is, through May 30, 2004), or until
five days after a U.S. carrier initiates intra-American Samoa passenger
operations, and are deferring action on the remaining portion of
Polynesian’s application in this Docket, i.e., to continue this
operation through June 25, 2004.

In acting favorably on this unopposed request for extension of emergency
cabotage authority, we find that Polynesian Limited’s request
continues to meet all the relevant criteria of 49 U.S.C. section
40109(g) for the continued grant of an exemption of this type, and that
such favorable action still is required in the public interest.  In
making our initial grant to Polynesian in this Docket, on March 26,
2004, we noted that the effects of the late March 2004 suspension in
service by Inter Island Airways, which was the only carrier then serving
the inter-island American Samoa markets, clearly constituted an
emergency created by unusual circumstances not arising in the normal
course of business.  Also, the record in this case clearly indicates
that no U.S. carrier appears able at this time to provide passenger lift
necessary to meet the needs of American Samoa, a community uniquely
dependent on air transportation.  In that regard, Village Aviation does
not currently hold Department authority to conduct passenger operations
in American Samoa.  Further, in our view, the continuation of
Polynesian’s passenger services is required to prevent undue hardship
to the residents of American Samoa.

Given these circumstances, we find that the standards for grant of
emergency cabotage authority have been met, and that grant of the
extension requested by Polynesian Limited for a maximum period of 30
days, with deferral on the remainder, is warranted.

As provided in 49 U.S.C. section 40109(g), we will review this exemption
near the end of this 30-day term to see if the usual circumstances that
established the need for the exemption still exist, and will be prepared
to decide at that time whether the situation warrants extension of this
authority for an additional term.

Finally, we find that the applicant is qualified to perform its proposed
operation.

Except to the extent exempted/waived, this authority is subject to our
standard exemption conditions.

Action taken by:        Karan K. Bhatia

                                  Assistant Secretary

                     for Aviation and International Affairs

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp


[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Notices]
[Page 28649]
[FR Doc No: 2020-10175]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4498-DR; Docket ID FEMA-2020-0001]

Colorado; 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 Colorado (FEMA-4498-DR), dated March 28, 2020, and
related determinations.

DATES: This amendment was issued April 30, 2020.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Colorado is hereby amended to include Individual
Assistance limited to the Crisis Counseling Program for those areas
determined to have been adversely affected by the event declared a
major disaster by the President in his declaration of March 28, 2020.

    Individual Assistance limited to the Crisis Counseling Program
for all areas in the State of Colorado (already designated for
emergency protective measures [Category B] not authorized under
other Federal statutes, including direct Federal 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.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-10175 Filed 5-12-20; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: September 9, 2010 (Volume 75, Number 174)]
[Notices]
[Page 54928-54929]
[DOCID:fr09se10-123]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62826; File No. SR-NYSE-2010-63]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC To
Amend the Exchange Price List

September 1, 2010.
    Pursuant to Section 19(b)(1)\1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 30, 2010, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its 2010 Price List to modify the
fees it charges for all market at-the-close (``MOC'') and limit at-the-
close (``LOC'') orders executed in the NYSE Closing Auction. For stocks
with a per share stock price of $1.00 or more, the fee will increase
from $0.0007 per share executed to $0.00085 per share executed. For
stocks with a per share stock price less than $1.00 per share, the fee
will change from (A) the lesser of (i) 0.3% of the total dollar value
of the transaction and (ii) $0.0007 per share executed to (B) the
lesser of (i) 0.3% of the total dollar value of the transaction and
(ii) $0.00085 per share executed. The amended pricing will take effect
on September 1, 2010. The text of the proposed rule change is available
at the Exchange, at http://www.nyse.com, at the Commission's Public
Reference Room, and on the Commission's Web site at http://www.sec.gov.

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

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

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

1. Purpose
    The Exchange proposes to amend its 2010 Price List to modify the
fees it charges for all MOC and LOC orders executed in the NYSE Closing
Auction. For stocks with a per share stock price of $1.00 or more, the
fee will increase from $0.0007 per share executed to $0.00085 per share
executed. For stocks with a per share stock price less than $1.00 per
share, the fee will change from (A) the lesser of (i) 0.3% of the total
dollar value of the transaction and (ii) $0.0007 per share executed to
(B) the lesser of (i) 0.3% of the total dollar value of the transaction
and (ii) $0.00085 per share executed. The Exchange notes that The
NASDAQ Stock Market LLC recently made a similar filing increasing the
fee that it charges for MOC and LOC orders in its closing cross from
$0.0007 per share executed to $0.0010 per share executed.\4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 62592 (July 29,
2010), 75 FR 47053 (August 4, 2010) (SR-NASDAQ-2010-095).
---------------------------------------------------------------------------

    These changes are intended to be effective immediately for all
transactions beginning September 1, 2010.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''),\5\ in general, and Section 6(b)(4) of the Act,\6\ in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. The Exchange believes
that the proposal does not constitute an inequitable allocation of
fees, as all similarly situated member organizations will be charged
the same amount and access to the Exchange's market is offered on fair
and non-discriminatory terms. Further, a competing exchange also
recently implemented a similar fee change for its market participants,
as described above.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b) [sic].
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \7\ of the Act and

subparagraph (f)(2) of Rule 19b-4 \8\ thereunder, because it
establishes a due, fee, or other charge imposed by the NYSE.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2010-63 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2010-63. 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 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 a.m. and 3
p.m. Copies of the filing will also be available for inspection and
copying at the principal office of the Exchange. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2010-63 and should be submitted on
or before September 30, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2010-22447 Filed 9-8-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18516-18519]
[FR Doc No: 2017-07869]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80448; File No. SR-BatsEDGA-2017-06]

Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change Related
to Fees for Use on Bats EDGA Exchange, Inc.

April 13, 2017.
    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 March 31, 2017, Bats EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared

by the Exchange. The Exchange has designated the proposed rule change
as one establishing or changing a member due, fee, or other charge
imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act \3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposed rule
change effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to EDGA Rules
15.1(a) and (c).
---------------------------------------------------------------------------

    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.bats.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity
platform (``EDGA Equities'') to: (i) Adopt fee code PL, modify fee
codes PA, PT, and PX, as well as the RMPT Tier under footnote 3 to
provide fees for the recently implemented RMPL routing strategy; and
(ii) modify the descriptions of fee codes MM and MT.
Fees for RMPL Routing Strategy
    The Exchange recently implemented a new midpoint routing strategy
known as RMPL \6\ under which a MidPoint Peg Order \7\ first checks the
System \8\ for available shares and routes any remaining shares to
destinations on the System routing table \9\ that support midpoint
eligible orders. If any shares remain unexecuted after routing, they
are posted on the EDGA Book \10\ as MidPoint Peg Orders, unless
otherwise instructed by the User.\11\ As a result of this additional
functionality, the Exchange proposes to amend its fee schedule to adopt
fees which would apply to orders routed pursuant to the RMPL routing
strategy.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 79596 (December 19,
2016), 81 FR 94454 (December 26, 2016) (SR-BatsEDGA-2016-34) (``RMPL
Filing'').
    \7\ In sum, a MidPoint Peg Order is a non-displayed Market Order
or Limit Order with an instruction to execute at the midpoint of the
NBBO, or, alternatively, pegged to the less aggressive of the
midpoint of the NBBO or one minimum price variation inside the same
side of the NBBO as the order. See Exchange Rule 11.8(d).
    \8\ The term ``System'' is defined as ``the electronic
communications and trading facility designated by the Board through
which securities orders of Users are consolidated for ranking,
execution and, when applicable, routing away.'' See Exchange Rule
1.5(cc).
    \9\ The term ``System routing table'' refers to the proprietary
process for determining the specific trading venues to which the
System routes orders and the order in which it routes them. See
Exchange Rule 11.11(g). While the process for determining the
specific trading venues to which orders are routed is proprietary,
the Exchange publicly discloses the trading venues associated with
each routing strategy via its Web site at http://cdn.batstrading.com/resources/features/bats_exchange_routing-strategies.pdf.
    \10\ The term ``EDGA Book'' is defined as the ``System's
electronic file of orders.'' See Exchange Rule 1.5(d). The Exchange
also proposed to capitalize the word ``Book'' within Rule
11.11(g)(13) as the term EDGA Book is a defined term in the
Exchange's Rules.
    \11\ The term ``User'' is defined as ``any Member or Sponsored
Participant who is authorized to obtain access to the System
pursuant to Rule 11.3.'' See Exchange Rule 1.5(ee).
---------------------------------------------------------------------------

    Fee Code PL. The Exchange proposes to adopt fee code PL, which
would apply to orders routed to Bats BZX Exchange, Inc. (``BZX''), Bats
EDGX Exchange, Inc. (``EDGX''), the New York Stock Exchange, Inc.
(``NYSE''), NYSE Arca, Inc. (``NYSE Arca''), or Nasdaq Stock Market LLC
(``Nasdaq'') using a RMPL routing strategy. Orders that yield fee code
PL would be charged a fee of $0.0030 per share in securities priced at
or above $1.00 and 0.30% of the trade's total dollar value in
securities priced below $1.00.
    Fee Codes PA, PT, PX, and RMPT Tier. The RMPT routing strategy
operates similarly to RMPL in that under both Mid-Point Peg Orders
check the System for available shares and any remaining shares are then
sent to destinations on the System routing table that support midpoint
eligible orders. If any shares remain unexecuted after routing, they
are posted on the EDGA Book as a Mid-Point Peg Order, unless otherwise
instructed by the User. While RMPL and RMPT operate in an identical
manner, the trading venues that each routing strategy routes to and the
order in which it routes them differ. Due to the identical behavior of
RMPT and RMPL routing options, the Exchange proposes to amend fee Codes
PA, PT, PX, and RMPT Tier, all of which set forth fees for the RMPT
routing strategy, to also provide fees for the RMPL routing strategy.
Each of these changes are as follows:
     Fee Code PA. Currently, fee code PA only applies to orders
which add liquidity to the Exchange using a RMPT routing strategy.
Orders that yield fee code PA are assessed a fee of $0.0008 per share
in securities priced at or above $1.00 and are not assessed a fee in
securities below $1.00. The Exchange now proposes modify the
application of fee code PA not only apply to RMPT, but to also apply
RMPL. The Exchange does not propose to modify the fee associated with
PA.
     Fee Code PT. Currently, fee code PT only applies to orders
which remove liquidity on the Exchange using a RMPT routing strategy.
Orders that yield fee code PT are assessed a fee of $0.0010 per share
in securities priced at or above $1.00 and are not assessed a fee in
securities below $1.00. The Exchange now proposes modify the
application of fee code PT not only apply to RMPT, but to also apply
RMPL. The Exchange does not propose to modify the fee associated with
PT.
     Fee Code PX. Currently, fee code PX only applies to orders
routed using a RMPT routing strategy. Order that yield fee code PX are
assessed a fee of $0.0012 per share in securities priced at or above
$1.00 and 0.30% of the trade's total dollar value in securities priced
below $1.00. The Exchange now proposes modify the application of fee
code PX not only apply to RMPT, but to also apply RMPL. However, fee
code PX would only apply to orders routed to destinations not covered
by fee code PL using the RMPL routing strategy, as set forth above. The
Exchange does not propose to modify the fee associated with PX.
     RMPT Tier Under Footnote 3. Currently, the Exchange offers
one RMPT Tier under which a Member may receive a discounted fee of
$0.0008 per share for orders yielding fee codes PT or PX where that
Member adds or removes

an ADV \12\ greater than or equal to 2,000,000 shares using a the RMPT
routing strategy. The Exchange now proposes to amend the RMPT Tier to
allow the Member's ADV to also include shares that use the RMPL routing
strategy. The Exchange does not propose to modify the fee associated
with PT.
---------------------------------------------------------------------------

    \12\ ADV is generally defined as average daily volume calculated
as the number of shares added to, removed from, or routed by, the
Exchange, or any combination or subset thereof, per day. See the
Exchange's fee schedule available at http://www.bats.com/us/equities/membership/fee_schedule/edga/.
---------------------------------------------------------------------------

Fee Codes MM and MT
    The Exchange proposes to amend the descriptions of fee code MM and
MT to align with the description of similar fee codes of its affiliated
exchanges.\13\ Fee code MM is [sic] applies to Non-Displayed \14\
orders that add liquidity at the midpoint of the national best bid and
offer (``NBBO'') while fee code MT is [sic] applies to Non-Displayed
orders that remove liquidity at the midpoint of the NBBO. Orders that
yield fee code MM or MT are charged a fee of $0.00080 per share in
securities priced at or above $1.00 and 0.08% of the trade's total
dollar value in securities priced below $1.00. To align the description
of fee codes MM and MT with similar fee codes of its affiliated
exchanges,\15\ the Exchange proposes to amend their descriptions as
follows. Fee code MM would now state that is applies to Non-displayed
orders that add liquidity using Mid-Point Peg order type. Fee code MT
would now state that is applies to Non-displayed orders that remove
liquidity using Mid-Point Peg order type. The proposed changes do not
alter the types of orders to which the fee codes would apply. The
Exchange does not propose to modify the fee associated with MM and MT.
---------------------------------------------------------------------------

    \13\ The Exchange's affiliates are Bats EDGX Exchange, Inc.
(``EDGX''), Bats BYX Exchange, Inc., (``BYX''), and Bats BZX
Exchange, Inc. (``BZX'').
    \14\ See Exchange Rule 11.6(e)(2).
    \15\ See e.g., fee codes MM and MT on the BYX fee schedule
available at http://www.bats.com/us/equities/membership/fee_schedule/byx/; and fee code MM on the EDGX fee schedule
available at http://www.bats.com/us/equities/membership/fee_schedule/edgx/.
---------------------------------------------------------------------------

Implementation Date
    The Exchange proposes to implement the above changes to its fee
schedule on April 3, 2017.

2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\16\ in general, and
furthers the objectives of Section 6(b)(4),\17\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities.
---------------------------------------------------------------------------

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

Fees for RMPL Routing Strategy
    The Exchange believes the proposed fee code PL and the expansion of
fee codes PA, PT and PX as well as the RMPT Tier to adopt fees for
orders routed using the options RMPL routing strategy represents an
equitable allocation of reasonable dues, fees. The proposed fee code
structure would enable the Exchange to charge a rate reasonably related
to the rate that Bats Trading, Inc. (``Bats Trading''), the Exchange's
affiliated routing broker-dealer, would be charged for routing orders
to destinations described in fee codes PL, PA, PT and PX when it does
not qualify for a volume tier reduced fee. As a result, when Bats
Trading is charged a fee when it routes an order which removes
liquidity from a destination described in fee codes PL, PA, PT and
PX.\18\ Bats Trading will pass through these rates to the Exchange and
the Exchange, in turn, will charge the rates under fee codes PL, PA, PT
and PX, as applicable. The proposed fee under fee codes PL, PA, PT and
PX for orders routed pursuant to the RMPL routing strategy would enable
the Exchange to equitably allocate its costs among all Members.
Further, the Exchange believe that the expansion of the RMPT Tier to
allow the Member's ADV to also include shares that use the RMPL routing
strategy is also reasonable and equitable because of the similar
operation of the RMPL and RMPT routing strategies and results in the
equal treatment of those orders under the Exchange's tiered pricing
structure. In addition, the inclusion of the RMPL routing strategy in
the RMPT Tier should also attract additional midpoint liquidity to the
Exchange, resulting in increased price improvement opportunities for
orders seeking an execution at the midpoint of the NBBO on the Exchange
or elsewhere.
---------------------------------------------------------------------------

    \18\ For example, Nasdaq, NYSE, NYSE Arca, BZX, and EDGX charge
a fee of $0.0030 per share for orders that remove midpoint
liquidity. See Nasdaq's fee schedule available at http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2; NYSE's price
list available at https://www.nyse.com/publicdocs/nyse/markets/nyse/NYSE_Price_List.pdf; NYSE Arca's price list available at https://www.nyse.com/publicdocs/nyse/markets/nyse-arca/NYSE_Arca_Marketplace_Fees.pdf; BZX's fee schedule available at
http://www.bats.com/us/equities/membership/fee_schedule/bzx/; and
EDGX's fee schedule available at http://www.bats.com/us/equities/membership/fee_schedule/edgx/.
---------------------------------------------------------------------------

    The Exchange notes that routing through Bats Trading is voluntary.
Members seeking to [sic] midpoint eligible route such orders to BZX,
EDGX, NYSE, NYSE Arca, and Nasdaq, or to any other destination covered
by the RMPL routing strategy may connect to those destinations directly
and be charged the fee or provided the rebate from that destination.
The Exchange further believes that this pricing structure is non-
discriminatory as it applies equally to all Members.
Fee Codes MM and MT
    The Exchange believes [sic] proposed rule change represents an
equitable allocation of reasonable dues, fees, and other charges
because the amended the descriptions of fee code MM and MT to [sic]
solely intended to align with the description of similar fee codes of
its affiliated exchanges. Harmonized descriptions should help alleviate
potential investor confusion for those that send midpoint eligible
order to the exchange and its affiliates. The proposed changes do not
alter the types of orders to which the fee codes would apply. Nor does
the Exchange propose to modify the fees associated with MM and MT. In
addition, the Exchange also believes that the proposed modifications of
the descriptions of fee codes MM and MT are non-discriminatory because
they would apply uniformly to all Members.

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

    This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. The Exchange does not believe that this change represents a
significant departure from previous pricing offered by the Exchange or
from pricing offered by the Exchange's competitors. The proposed rates
would apply uniformly to all Members, and Members may opt to disfavor
the Exchange's pricing if they believe that alternatives offer them
better value. Accordingly, the Exchange does not believe that the
proposed changes will impair the ability of Members or competing venues
to maintain their competitive standing in the financial markets. The
Exchange believes that its proposal to [sic] fees would increase
intermarket competition by offering customers an alternative means to
route to destinations covered by fee codes PL, PA, PT and PX. As stated
above, routing through Bats Trading is voluntary and Members may
utilize other avenues to route orders to destinations covered by fee
codes PL, PA, PT and PX, such as connecting to those destinations
directly. The changes

to the RMPT Tier to include the RMPL routing strategy as part of the
tier's ADV calculation should increase competition as it is designed to
attract additional midpoint order flow to the Exchange. The changes to
the descriptions of fee codes MM and MT should have no impact on
competition as they are similar designed to align their descriptions
with that of similar fee codes offered by the Exchange's affiliates.
Additionally, Members may opt to disfavor the Exchange's pricing if
they believe that alternatives offer them better value. Accordingly,
the Exchange does not believe that the proposed changes will impair the
ability of Members or competing venues to maintain their competitive
standing in the financial markets. The Exchange believes that its
proposal would not burden intramarket competition because the proposed
rate would apply uniformly to all Members.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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) of the Act \19\ and paragraph (f) of Rule 19b-4
thereunder.\20\ 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.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-BatsEDGA-2017-06 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 No. SR-BatsEDGA-2017-06. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-BatsEDGA-2017-06, and should be
submitted on or before May 10, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

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

Brent J. Fields,
Secretary.
[FR Doc. 2017-07869 Filed 4-18-17; 8:45 am]
 BILLING CODE 8011-01-P