[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Notices]
[Pages 899-900]
[FR Doc No: 2016-31916]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land-Use Assurance

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent of waiver with respect to land; W.K. Kellogg
Airport, Battle Creek, Michigan.

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SUMMARY: The FAA is considering a proposal to change 0.92 acres of
airport land from aeronautical use to non-aeronautical use and to
authorize the lease or sale of airport property located at W.K. Kellogg
Airport, Battle Creek, Michigan. The aforementioned land is not needed
for aeronautical use.
    The proposed property is located across Helmer Road from the W.K.
Kellogg airport. The property is currently a vacant, mowed area
maintained for compatible land use around the airfield. The proposed
non-aeronautical land use would be for lease or sale to enhance
commercial opportunities in an area no longer needed for aeronautical
purposes.

DATES: Comments must be received on or before February 3, 2017.

ADDRESSES: Documents are available for review by appointment at the FAA
Detroit Airports District Office, Irene R. Porter, Program Manager,
11677 South Wayne Road, Suite 107, Romulus, Michigan, 48174. Telephone:
(734) 229-2915/Fax:<PHONE_NUMBER> and Mr. Lawrence Bowron,
Transportation Director, City of Battle Creek--Aviation, Rail &
Transit, 15551 South Airport Road, Battle Creek, Michigan. Telephone:
(269) 966-3570.
    Written comments on the Sponsor's request must be delivered or
mailed to: Irene R. Porter, Program Manager, Federal Aviation
Administration, Airports Detroit District Office, 11677 South Wayne
Road, Suite 107, Romulus, Michigan 48174, Telephone Number: (734) 229-
2915/FAX Number:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Irene R. Porter, Program Manager,
Federal Aviation Administration, Airports Detroit District Office,
11677 South Wayne Road, Suite 107, Romulus, Michigan 48174, Telephone
Number:<PHONE_NUMBER>/FAX Number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with section 47107(h) of Title
49, United States Code, this notice is required to be published in the
Federal Register 30 days before modifying the land-use assurance that

requires the property to be used for an aeronautical purpose.
    The property is currently a vacant, mowed lot maintained for
compatible land use around the airfield. The proposed non-aeronautical
land use would be for lease or sale to enhance commercial opportunities
in an area no longer needed for aeronautical purposes. The property was
originally owned by the U.S. Government that quit claimed the property
to the City of Battle Creek, Michigan in 1947. In 1961, the National
Emergency Use Provision was released from this property. In 1986 the
FAA released a portion of the total parcel, but retained the 200' x
200' parcel to protect a navigational aid. The navigational aid has
since been relocated and there is no longer an aeronautical use for the
property. The airport will receive Fair Market Value for the land to be
leased/sold.
    The disposition of proceeds from the sale of the airport property
will be in accordance with FAA's Policy and Procedures Concerning the
Use of Airport Revenue, published in the Federal Register on February
16, 1999 (64 FR 7696).
    This notice announces that the FAA is considering the release of
the subject airport property at the W.K. Kellogg Airport, Battle Creek,
Michigan, from federal land covenants, subject to a reservation for
continuing right of flight as well as restrictions on the released
property as required in FAA Order 5190.6B section 22.16. Approval does
not constitute a commitment by the FAA to financially assist in the
disposal of the subject airport property nor a determination of
eligibility for grant-in-aid funding from the FAA.

Property Description

    Commencing at the center Post of Section 10, Town 2 South, Range 8
West, City of Battle Creek, Calhoun County, Michigan, and running
thence N. 00 degrees 20' E., 1,051.43 feet along the North and South
\1/4\ line of said Section 10; thence N. 89 degrees 36' W., 1,661.21
feet along the North line of Sixth Avenue (66 feet wide) to the center
line of an access road 10 feet in width; thence N. 00 degrees 24' E.,
147.00 feet along said center line of access road, to the true point of
beginning; thence N. 89 degrees 36' W., 80 feet; thence N. 00 degrees
24' E., 200 feet; thence S. 89 degrees 36' E., 200 feet; thence S. 00
degrees 24' W., 200 feet, thence N. 89 degrees 36' W., 120 feet; to the
point of beginning. TOGETHER with easement for ingress and egress and
for placing communication lines and appurtenances over the access road
herein described.

    Issued in Romulus, Michigan, on December 6, 2016.
Stephanie R. Swann,
Acting Manager, Detroit Airports District Office FAA, Great Lakes
Region.
[FR Doc. 2016-31916 Filed 1-3-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Notices]
[Pages 10187-10191]
[FR Doc No: 2013-03256]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-B-1294]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, Part 65 of the Code of Federal Regulations (44 CFR Part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has ninety (90)
days in which to request through the community that the Deputy
Associate Administrator for Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR Part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Chief executive                           Online location of
       State and county          Location and       officer of         Community map          letter of map           Effective date of       Community
                                   case No.          community           repository              revision               modification             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Baldwin..................  City of Gulf      The Honorable     Community Development  http://                March 11, 2013............       015005
                                Shores (12-04-    Robert S.         Department, 1905       www.bakeraecom.com/
                                4632P).           Craft, Mayor,     West 1st Street,       index.php/alabama/
                                                  City of Gulf      Gulf Shores, AL        baldwin/.
                                                  Shores, P.O.      36547.
                                                  Box 299, Gulf
                                                  Shores, AL
                                                  36547.
    Jefferson................  City of           The Honorable     City Hall, 710 North   http://                April 5, 2013.............       010116
                                Birmingham (12-   William A.        20th Street, 3rd       www.bakeraecom.com/
                                04-6207P).        Bell, Mayor,      Floor, Birmingham,     index.php/alabama/
                                                  City of           AL 35203.              jefferson-3/.
                                                  Birmingham, 710
                                                  North 20th
                                                  Street, 3rd
                                                  Floor,
                                                  Birmingham, AL
                                                  35203.
    Shelby...................  City of           The Honorable     City Hall, 545 Main    http://                April 4, 2013.............       010349
                                Montevallo (12-   Ben McCrory,      Street, Montevallo,    www.bakeraecom.com/
                                04-7810P).        Mayor, City of    AL 35115.              index.php/alabama/
                                                  Montevallo, 545                          shelby-2/.
                                                  Main Street,
                                                  Montevallo, AL
                                                  35115.
    Shelby...................  City of Pelham    The Honorable     City Hall, 3162        http://                April 11, 2013............       010193
                                (12-04-7869P).    Don Murphy,       Pelham Parkway,        www.bakeraecom.com/
                                                  Mayor, City of    Pelham, AL 35124.      index.php/alabama/
                                                  Pelham, 3162                             shelby-2.
                                                  Pelham Parkway,
                                                  Pelham, AL
                                                  35124.
    Shelby...................  Town of Indian    The Honorable     Town Hall, 5300        http://                April 11, 2013............       010430
                                Springs Village   Steve Zerkis,     Mountain Park Drive,   www.bakeraecom.com/
                                (12-04-7869P).    Mayor, Town of    Indian Springs, AL     index.php/alabama/
                                                  Indian Springs    35124.                 shelby-2.
                                                  Village, 5300
                                                  Mountain Park
                                                  Drive, Indian
                                                  Springs, AL
                                                  35124.
    Shelby...................  Unincorporated    The Honorable     Shelby County          http://                April 11, 2013............       010191
                                areas of Shelby   Lindsey Allen,    Engineer's Office,     www.bakeraecom.com/
                                County (12-04-    Chairman,         506 Highway 70,        index.php/alabama/
                                7869P).           Shelby County     Columbiana, AL 35051.  shelby-2.
                                                  Board of
                                                  Supervisors,
                                                  200 West
                                                  College Street,
                                                  Columbiana, AL
                                                  35051.
    Tuscaloosa...............  City of           The Honorable     Engineering            http://                April 22, 2013............       010203
                                Tuscaloosa (12-   Walter Maddox,    Department, 2201       www.bakeraecom.com/
                                04-3302P).        Mayor, City of    University             index.php/alabama/
                                                  Tuscaloosa,       Boulevard,             tuscaloosa/.
                                                  2201 University   Tuscaloosa, AL 35401.
                                                  Boulevard,
                                                  Tuscaloosa, AL
                                                  35401.
    Tuscaloosa...............  City of           The Honorable     Engineering            http://                April 22, 2013............       010203
                                Tuscaloosa (12-   Walter Maddox,    Department, 2201       www.bakeraecom.com/
                                04-3303P).        Mayor, City of    University             index.php/alabama/
                                                  Tuscaloosa,       Boulevard,             tuscaloosa/.
                                                  2201 University   Tuscaloosa, AL 35401.
                                                  Boulevard,
                                                  Tuscaloosa, AL
                                                  35401.
Arizona:
    Maricopa.................  City of Phoenix   The Honorable     Street Transportation  http://www.r9map.org/  April 8, 2013.............       040051
                                (13-09-0280P).    Greg Stanton,     Department, 200 West   Docs/13-09-0280P-
                                                  Mayor, City of    Washington Street,     040051-102DA.pdf.
                                                  Phoenix, 200      5th Floor, Phoenix,
                                                  West Washington   AZ 85003.
                                                  Street, 11th
                                                  Floor, Phoenix,
                                                  AZ 85003.
California:
    Santa Clara..............  City of           The Honorable     Planning Department,   http://www.r9map.org/  April 4, 2013.............       060339
                                Cupertino (12-    Mark Santoro,     10300 Torre Avenue,    Docs/12-09-2521P-
                                09-2521P).        Mayor, City of    Cupertino, CA 95014.   060339-102IAC.pdf.
                                                  Cupertino,
                                                  10300 Torre
                                                  Avenue,
                                                  Cupertino, CA
                                                  95014.
    Santa Clara..............  City of Los       The Honorable     Public Works           http://www.r9map.org/  April 18, 2013............       060341
                                Altos (12-09-     Val Carpenter,    Department, 1 North    Docs/12-09-2859P-
                                2859P).           Mayor, City of    San Antonio Road,      060341-102IAC.pdf.
                                                  Los Altos, 1      Los Altos, CA 94022.
                                                  North San
                                                  Antonio Road,
                                                  Los Altos, CA
                                                  94022.
    Santa Clara..............  City of San Jose  The Honorable     Department of Public   http://www.r9map.org/  April 4, 2013.............       060349
                                (12-09-2521P).    Chuck Reed,       Works, 200 East        Docs/12-09-2521P-
                                                  Mayor, City of    Santa Clara Street     060349-102IAC.pdf.
                                                  San Jose, 200     Tower, 3rd Floor,
                                                  East Santa        San Jose, CA 95113.
                                                  Clara Street,
                                                  San Jose, CA
                                                  95113.
    Santa Clara..............  City of Saratoga  The Honorable     Planning Department,   http://www.r9map.org/  April 4, 2013.............       060351
                                (12-09-2521P).    Chuck Page,       13777 Fruitvale        Docs/12-09-2521P-
                                                  Mayor, City of    Avenue, Saratoga, CA   060351-102IAC.pdf.
                                                  Saratoga, 13777   95070.
                                                  Fruitvale
                                                  Avenue,
                                                  Saratoga, CA
                                                  95070.
    Santa Clara..............  Town of Los       The Honorable     Public Works           http://www.r9map.org/  April 18, 2013............       060342
                                Altos Hills (12-  Rich Larsen,      Department, 26379      Docs/12-09-2859P-
                                09-2859P).        Mayor, Town of    Fremont Road, Los      060342-102IAC.pdf.
                                                  Los Altos         Altos Hills, CA
                                                  Hills, 26379      94022.
                                                  Fremont Road,
                                                  Los Altos
                                                  Hills, CA 94022.

    Santa Clara..............  Unincorporated    The Honorable     Santa Clara County     http://www.r9map.org/  April 4, 2013.............       060337
                                areas of Santa    George            Office of Planning,    Docs/12-09-2521P-
                                Clara County      Shirakawa,        70 West Hedding        060337-102IAC.pdf.
                                (12-09-2521P).    President,        Street, San Jose, CA
                                                  Santa Clara       95110.
                                                  County Board of
                                                  Supervisors, 70
                                                  West Hedding
                                                  Street, 10th
                                                  Floor, San
                                                  Jose, CA 95110.
Colorado:
    Adams....................  City of Thornton  The Honorable     9500 Civic Center      http://                April 12, 2013............       080007
                                (12-08-0595P).    Heidi Williams,   Drive, Thornton, CO    www.bakeraecom.com/
                                                  Mayor, City of    80229.                 index.php/colorado/
                                                  Thornton, 9500                           adams/.
                                                  Civic Center
                                                  Drive,
                                                  Thornton, CO
                                                  80229.
    Adams....................  Unincorporated    The Honorable     Adams County Public    http://                April 12, 2013............       080001
                                areas of Adams    W.R. ``Skip''     Works Department,      www.bakeraecom.com/
                                County (12-08-    Fischer,          4430 South Adams       index.php/colorado/
                                0595P).           Chairman, Adams   County Parkway, 1st    adams/.
                                                  County Board of   Floor, Suite W2123,
                                                  Commissioners,    Brighton, CO 80601.
                                                  4430 South
                                                  Adams County
                                                  Parkway, 5th
                                                  Floor, Suite
                                                  C5000A,
                                                  Brighton, CO
                                                  80601.
    Arapahoe.................  City of           The Honorable     Southeast Metro        http://                April 12, 2013............       080315
                                Centennial (12-   Cathy Noon,       Stormwater             www.bakeraecom.com/
                                08-0553P).        Mayor, City of    Authority, 76          index.php/colorado/
                                                  Centennial,       Inverness Drive        arapahoe/.
                                                  13133 East        East, Suite A,
                                                  Arapahoe Road,    Centennial, CO 80112.
                                                  Centennial, CO
                                                  80112.
    Weld.....................  Town of Erie (11- The Honorable     Town Hall, 645         http://                March 25, 2013............       080181
                                08-1090P).        Joe Wilson,       Holbrook Street,       www.bakeraecom.com/
                                                  Mayor, Town of    Erie, CO 80516.        index.php/colorado/
                                                  Erie, P.O. Box                           weld/.
                                                  750, Erie, CO
                                                  80516.
    Weld.....................  Unincorporated    The Honorable     Weld County Public     http://                March 25, 2013............       080266
                                areas of Weld     Sean Conway,      Works Department,      www.bakeraecom.com/
                                County (11-08-    Chairman, Weld    1111 H Street,         index.php/colorado/
                                1090P).           County            Greeley, CO 80632.     weld/.
                                                  Commissioners,
                                                  P.O. Box 758,
                                                  Greeley, CO
                                                  80632.
Florida:
    Leon.....................  Unincorporated    The Honorable     Leon County            http://                April 19, 2013............       120143
                                areas of Leon     Nicholas J.       Courthouse, 301        www.bakeraecom.com/
                                County (12-04-    Maddox,           South Monroe Street,   index.php/florida/
                                6893P).           Chairman, Leon    Tallahassee, FL        leon/.
                                                  County Board of   32301.
                                                  Commissioners,
                                                  301 South
                                                  Monroe Street,
                                                  5th Floor,
                                                  Tallahassee, FL
                                                  32301.
    Miami-Dade...............  City of Sunny     The Honorable     City Hall, 18070       http://                April 8, 2013.............       120688
                                Isles Beach (12-  Norman S.         Collins Avenue,        www.bakeraecom.com/
                                04-6538P).        Edelcup, Mayor,   Sunny Isles Beach,     index.php/florida/
                                                  City of Sunny     FL 33160.              miami-dade/.
                                                  Isles Beach,
                                                  18070 Collins
                                                  Avenue, Sunny
                                                  Isles Beach, FL
                                                  33160.
    Monroe...................  Unincorporated    The Honorable     Monroe County          http://                March 25, 2013............       125129
                                areas of Monroe   David Rice,       Building Department,   www.bakeraecom.com/
                                County (12-04-    Mayor, Monroe     2798 Overseas          index.php/florida/
                                7637P).           County, 1100      Highway, Marathon,     monroe-3/.
                                                  Simonton          FL 33050.
                                                  Street, Key
                                                  West, FL 33040.
    Orange...................  City of Orlando   The Honorable     Permitting Services    http://                April 19, 2013............       120186
                                (12-04-4611P).    Buddy Dyer,       Department, 400        www.bakeraecom.com/
                                                  Mayor, City of    South Orange Avenue,   index.php/florida/
                                                  Orlando, P.O.     Orlando, FL 32801.     orange-2/.
                                                  Box 4990,
                                                  Orlando, FL
                                                  32808.
    Orange...................  Unincorporated    The Honorable     Orange County          http://                April 19, 2013............       120179
                                areas of Orange   Teresa, Jacobs,   Stormwater             www.bakeraecom.com/
                                County (12-04-    Mayor, Orange     Management             index.php/florida/
                                4611P).           County, 201       Department, 4200       orange-2/.
                                                  South Rosalind    South John Young
                                                  Avenue,           Parkway, Orlando, FL
                                                  Orlando, FL       32839.
                                                  32801.
    Walton...................  Unincorporated    The Honorable     Walton County          http://                April 5, 2013.............       120317
                                areas of Walton   Scott Brannon,    Courthouse Annex, 47   www.bakeraecom.com/
                                County (12-04-    Chairman,         North 6th Street,      index.php/florida/
                                6405P).           Walton County     DeFuniak Springs, FL   walton/.
                                                  Commissioners,    32435.
                                                  415 Highway 20,
                                                  Freeport, FL
                                                  32439.
North Carolina:
    Mecklenburg..............  Town of           The Honorable     Public Works           http://                March 15, 2013............       370498
                                Cornelius (12-    Jeff Tarte,       Department, 21445      www.bakeraecom.com/
                                04-5511P).        Mayor, Town of    Catawba Avenue,        index.php/
                                                  Cornelius,        Cornelius, NC 28031.   northcarolina/
                                                  21445 Catawba                            mecklenburg-pmr-2/.
                                                  Avenue,
                                                  Cornelius, NC
                                                  28031.
    Mecklenburg..............  Unincorporated    Mr. Harry L.      Charlotte-Mecklenburg  http://                March 15, 2013............       370158
                                areas of          Jones, Sr.,       Stormwater Services    www.bakeraecom.com/
                                Mecklenburg       Mecklenburg       Division, 700 North    index.php/
                                County (12-04-    County Manager,   Tryon Street,          northcarolina/
                                5511P).           600 East 4th      Charlotte, NC 28202.   mecklenburg-pmr-2/.
                                                  Street,
                                                  Charlotte, NC
                                                  28202.
Tennessee:

    Shelby...................  City of           The Honorable     Economic and           http://                April 12, 2013............       470353
                                Germantown (12-   Sharon            Community              www.bakeraecom.com/
                                04-5413P).        Goldsworthy,      Development            index.php/tennessee/
                                                  Mayor, City of    Department, 1920       shelby/.
                                                  Germantown,       South Germantown
                                                  1930 South        Road, Germantown, TN
                                                  Germantown        38138.
                                                  Road,
                                                  Germantown, TN
                                                  38138.
Wyoming:
    Laramie..................  Unincorporated    The Honorable     Laramie County         http://                April 8, 2013.............       560029
                                areas of          Gay Woodhouse,    Planning Department,   www.bakeraecom.com/
                                Laramie County    Chair, Laramie    Historic County        index.php/wyoming/
                                (12-08-0028P).    County Board of   Courthouse, 310 West   laramie/.
                                                  Commissioners,    19th Street, Suite
                                                  P.O. Box 1888,    400, Cheyenne, WY
                                                  Cheyenne, WY      82001.
                                                  82001.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

James A. Walke,
Acting Deputy Associate Administrator for Mitigation, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2013-03256 Filed 2-12-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70271-70272]
[FR Doc No: 2010-28872]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0515]

Guidance for Industry and Food and Drug Administration Staff;
Class II Special Controls Guidance Document: Non-Powered Suction
Apparatus Device Intended for Negative Pressure Wound Therapy;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the guidance entitled ``Class II Special Controls
Guidance Document: Non-powered Suction Apparatus Device Intended for
Negative Pressure Wound Therapy (NPWT).'' This guidance document
describes a means by which non-powered suction apparatus devices
intended for NPWT may comply with the requirement of special controls
for class II devices. Elsewhere in this issue of the Federal Register,
FDA is publishing a final rule to classify non-powered suction
apparatus devices intended for NPWT into class II (special controls).
This guidance document is immediately in effect as the special control
for non-powered suction apparatus devices intended for NPWT, but it
remains subject to comment in accordance with the Agency's good
guidance practices (GGPs).

DATES: Submit either electronic or written comments on the guidance at
any time. General comments on Agency guidance documents are welcome at
any time.

ADDRESSES: Submit written requests for single copies of the guidance
document entitled ``Class II Special Controls Guidance Document: Non-
powered Suction Apparatus Device Intended for Negative Pressure Wound
Therapy (NPWT)'' to the Division of Small Manufacturers, International,
and Consumer Assistance, Center for Devices and Radiological Health,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, rm.
4617, Silver Spring, MD 20993-0002. Send one self-addressed adhesive
label to assist that office in processing your request, or fax your
request to<PHONE_NUMBER>. See the SUPPLEMENTARY INFORMATION section for
information on electronic access to the guidance.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Jiyoung M. Dang, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 3615, Silver Spring, MD 20993, 301-796-
5650.

SUPPLEMENTARY INFORMATION:

I. Background

    Elsewhere in this issue of the Federal Register, FDA is publishing
a final rule classifying non-powered suction apparatus devices intended
for negative pressure wound therapy into class II (special controls)
under section 513(f)(2) of the Federal Food, Drug, and Cosmetic Act
(the FD&C Act) (21 U.S.C. 360c(f)(2)). This guidance document will
serve as the special control for non-powered suction apparatus devices
intended for negative pressure wound therapy device. Section 513(f)(2)
of the FD&C Act provides that any person who submits a premarket
notification under section 510(k) of the FD&C Act (21 U.S.C. 360(k))
for a device that has not previously been classified may, within 30
days after receiving an order classifying the device in class III under
section 513(f)(1) of the FD&C Act, request that FDA classify the device
under the criteria set forth in section

513(a)(1) of the FD&C Act. FDA shall, within 60 days of receiving such
a request, classify the device by written order. This classification
shall be the initial classification of the device. Within 30 days after
the issuance of an order classifying the device, FDA must publish a
notice in the Federal Register announcing such classification. Because
of the timeframes established by section 513(f)(2) of the FD&C Act, FDA
has determined, under Sec.  10.115(g)(2) (21 CFR 10.115(g)(2)), that it
is not feasible to allow for public participation before issuing this
guidance as a final guidance document. Therefore, FDA is issuing this
guidance document as a level 1 guidance document that is immediately in
effect. FDA will consider any comments that are received in response to
this notice to determine whether to amend the guidance document.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (Sec.  10.115). The guidance represents the
Agency's current thinking on non-powered suction apparatus devices
intended for negative pressure wound therapy. It does not create or
confer any rights for or on any person and does not operate to bind FDA
or the public. An alternative approach may be used if such approach
satisfies the requirements of the applicable statute and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
using the Internet. A search capability for all CDRH guidance documents
is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance
documents are also available at http://www.regulations.gov. To receive
``Class II Special Controls Guidance Document: Non-powered Suction
Apparatus Device Intended for Negative Pressure Wound Therapy (NPWT),''
you may either send an e-mail request to<EMAIL_ADDRESS>to receive
an electronic copy of the document or send a fax request to 301-847-
8149 to receive a hard copy. Please use the document number 1701 to
identify the guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501-
3520). The collections of information in 21 CFR part 807, subpart E
have been approved under OMB control number 0910-0120; the collections
of information in 21 CFR part 820 have been approved under OMB control
number 0910-0073; the collections of information in 21 CFR part 812
have been approved under OMB control number 0910-0078; the collections
of information in 21 CFR part 50 have been approved under OMB control
number 0910-0586; the collections of information in 21 CFR 56 have been
approved under OMB control number 0910-0130; and the collections of
information in 21 CFR part 801 have been approved under OMB control
number 0910-0485.

V. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: November 10, 2010.
Nancy K. Stade,
Deputy Director for Policy, Center for Devices and Radiological Health.
[FR Doc. 2010-28872 Filed 11-16-10; 8:45 am]
BILLING CODE 4160-01-P


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        Forms for Part 71 Federal Operating Permits

These forms are used to prepare  the initial part 71 permit application, and subsequently, to submit other  required information. Please check with the appropriate EPA Regional Office for  guidance on the proper forms and how to obtain them. The forms on this page may  be downloaded and printed but are not suitable for on-line data entry or  electronic submittal. Each form below contains detailed instructions; the  instruction manual contains general instructions that are relevant to all  forms.

Recent Changes to Part 71  Forms:

On June 25, 2012, we revised all forms to update the expiration date of the information collection requests(ICRs) for the forms.

On June 10 , 2011, we revised the Fee Filing form and instructions to clarify certain location and contact information related to fee payment.

On October 6, 2010, we revised all forms to update the expiration date of the information collection requests (ICRs) for the forms.

On March 5, 2009, we revised the Fee Calculation Worksheet (FEE) to clarify the instructions, particularly with respect to reconciliation procedures.

On March 6, 2008, we revised the Fee Calculation Worksheet (FEE) to correct the method for calculating actual emissions.  This problem may have lead to incorrect fee calculation for a small number of large sources after October 11, 2007.

On October 31, 2007, we revised the instructions for the Fee Filing form to update the addresses for fee payment (the lockbox account addresses).  The new addresses are effective immediately.

On  October 2, 2007, we revised all forms to some extent.  Primarily, we simplified the instructions for  all forms, updated EPA contact information, updated the OMB approval expiration  date, and added official EPA form numbers.

On  February 22, 2004, we revised the Annual Compliance Certification form and the Instruction Manual to reflect policy decisions concerning monitoring and the data  used for compliance certifications.

Forms

[Please note: all Microsoft Word (DOC)  files should be downloaded prior to viewing. PDF files require the Adobe  Acrobat Reader for reading or printing. For more information and how to obtain  the Acrobat Reader, see the EPA's  About Adobe Acrobat page.]

Instruction Manual for Part 71 Forms | DOC (4pp, 67k) | PDF (4pp, 29k)

Initial Application Forms

General Information and Summary (GIS) | DOC (6pp, 59k) | PDF (6pp, 30k)

Emission Unit Description for Combustion Sources (EUD1) | DOC (4pp, 45k) | PDF (4pp, 25k)

Emission Unit Description for VOC emitting Sources (EUD2) | DOC (3pp, 48k) | PDF (3pp, 24k)

Emission Unit Description for Process Sources (EUD3) | DOC (3pp, 37k) | PDF (3pp, 23k)

Insignificant Activities (IE) | DOC (2pp, 44k) | PDF (2pp, 27k)

Emission Calculations (EMISS) | DOC (3pp, 46k) | PDF (3pp, 26k)

Potential to Emit Summary (PTE) | DOC (2pp, 47k) | PDF (2pp, 23k)

Fee Calculation Worksheet (FEE) | DOC (10pp, 158k) | PDF (10pp, 56k)

Fee Filing (FF) | DOC (2pp, 41k) | PDF (2pp, 25k)

Initial Compliance Plan and Compliance Certification (I-COMP) | DOC (5pp, 64k) | PDF (5pp, 29k)

Certification of Truth, Accuracy, and Completeness (CTAC) | DOC (2pp, 34k) | PDF (2pp, 21k)

Forms Used After Permit Issuance

Prompt Deviation Report (PDR) | DOC (4pp, 40k) | PDF (4pp, 29k)

6-Month Monitoring Report (SIXMON) | DOC (7pp, 57k) | PDF (7pp, 30k)

Fee Calculation Worksheet (FEE) | DOC (10pp, 158k) | PDF (10pp, 56k)

Fee Filing (FF) | DOC (2pp, 41k) | PDF (2pp, 25k)

Annual Compliance Certification (A-COMP) | DOC (7pp, 52k) | PDF (7pp, 29k)

Certification of Truth, Accuracy, and Completeness (CTAC) | DOC (2pp, 34k) | PDF (2pp, 21k)

For current information, or more details, contact Jeff Herring at (919)
   541-3195 or by e-mail at <a href="mailto:herring.jeff<EMAIL_ADDRESS>

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[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Notices]
[Pages 26282-26283]
[FR Doc No: 2011-11085]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. ER11-3459-000]

NRG Solar Roadrunner LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
NRG

Solar Roadrunner LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is May 23, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 2, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-11085 Filed 5-5-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Notices]
[Pages 61084-61088]
[FR Doc No: 2019-24496]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87469; File No. SR-CboeEDGX-2019-068]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend the Fee Schedule To Adopt a New Type of Tier Related to Automated
Improvement Mechanism Customer Volume

November 5, 2019.
    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 November 1, 2019, Cboe EDGX Exchange, Inc. (``Exchange'' or
``EDGX'') 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 Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    Cboe EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX'') is filing
with the Securities and Exchange Commission (``Commission'') a proposed
rule change to amend its Fee Schedule. The text of the proposed rule
change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity
options platform (``EDGX Options''), effective November 1, 2019.
    The Exchange first notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 16 options venues to which market participants
may direct their order flow. Based on publicly available information,
no single options exchange has more than 21% of the market share and
currently the Exchange represents only 3% of the market share.\3\ Thus,
in such a low-concentrated and highly competitive market, no single
options exchange, including the Exchange, possesses significant pricing
power in the execution of option order flow. The Exchange believes that
the ever-shifting market share among the exchanges from month to month
demonstrates that market participants can shift order flow, or
discontinue to reduce use of certain categories of products, in
response to fee changes. Accordingly, competitive forces constrain the
Exchange's transaction fees, and market participants can readily trade
on competing venues if they deem pricing levels at those other venues
to be more favorable. The Exchange's Fees Schedule sets forth standard
rebates and rates applied per contract. For example, the Exchange
provides a standard rebate of $0.01 per contract for Customer orders
that add liquidity in both Penny and Non-Penny Securities.
Additionally, in response to the competitive environment, the Exchange
also offers tiered pricing which provides Members opportunities to
qualify for higher rebates or reduced fees where certain volume
criteria and thresholds are met. Tiered pricing provides an incremental
incentive for Members to strive for higher tier levels, which provides
increasingly higher benefits or discounts for satisfying increasingly
more stringent criteria.
---------------------------------------------------------------------------

    \3\ See Cboe Global Markets U.S. Options Market Volume Summary
(October 29, 2019), available at https://markets.cboe.com/us/options/market_statistics/.
---------------------------------------------------------------------------

    For example, the Exchange currently offers four non-complex
Customer Volume Tiers under Footnote 1 of the fee schedule which
provide enhanced rebates between $0.10 and $0.21 per contract for
qualifying Customer orders which meet certain total volume thresholds
and yield fee codes ``PC'' \4\ and ``NM''.\5\ Under the current non-
complex Customer Volume Tiers, a Member receives a reduced fee between
$0.10 and $0.21 per contract, where the Member has an ADV \6\ in
Customer orders greater or equal to a specified percentage of OCV \7\
(Tiers 1-3). Members also have an opportunity to receive a reduced fee
of $0.21 per contract under Tier 4 where the Member satisfies an
additional criteria by also reaching another specified ADV threshold in
Customer or Market Maker orders. The Exchange now proposes to adopt a
new type of tier related to Customer volume under proposed footnote 9
(Automated Improvement Mechanism (``AIM'') Tier) applicable to orders
yielding fee code ``BC'', which are appended to Customer AIM Agency
orders. The Exchange notes that orders yielding fee code BC are
currently provided a rebate of $0.14, and it now proposes to reduce
this rebate to $0.11 and, instead, offer a rebate of $0.14 for such
orders where a Member reaches the proposed AIM Tier.
---------------------------------------------------------------------------

    \4\ Appended to Customer Penny Pilot orders and provided a
rebate of $0.01.
    \5\ Appended to Customer non-Penny Pilot orders and provided a
rebate of $0.01.
    \6\ ``ADV'' means average daily volume calculated as the number
of contracts added or removed, combined, per day. ADV is calculated
on a monthly basis. See Cboe EDGX Options Exchange Fee Schedule.
    \7\ ``OCV'' means the total equity and ETF options volume that
clears in the Customer range at the Options Clearing Corporation
(``OCC'') for the month for which the fees apply, excluding volume
on any day that the Exchange experiences an Exchange System
Disruption and on any day with a scheduled early market close. See
Cboe EDGX Options Exchange Fee Schedule.
---------------------------------------------------------------------------

    Specifically, the proposed AIM Tier provides Members an additional
opportunity and alternative means to receive a rebate for meeting the
corresponding proposed criteria. Pursuant to the proposed changes, all
orders yielding the fee code BC would receive a base rebate of $0.11
and a Member would receive an enhanced rebate of $0.14 on such orders
where they have an ADV in Customer orders greater than or equal to .35%
of the OCV. Members that achieve the proposed AIM Tier must therefore
increase their overall Customer order flow, both adding and/or removing
liquidity, as a percentage greater than or equal to 0.35% of the TCV.
The Exchange believes the proposed enhanced rebates for both liquidity
adding and removing Customer orders incentivizes increased overall
order flow to the Book. The proposed tier provides both liquidity
providing Members and liquidity executing Members on the Exchange an
additional opportunity to receive a rebate. It is designed to provide
Members that add liquidity by means of Customer orders on the Exchange
a further incentive to contribute to a deeper, more liquid market, and
Members executing Customer orders on the Exchange an incentive to
increase transactions and take the execution opportunities provided by
such increased liquidity. Increased overall Customer order flow
benefits all market participants because it continues to attract
liquidity to the Exchange by providing more trading opportunities,
which attracts Market Makers. An increase in Market Maker activity, in
turn, facilitates tighter spreads, signaling additional corresponding
increase in order flow from other market participants, which

contributes towards a robust, well-balanced market ecosystem. In
addition to this, although the proposed based rebate for orders
yielding fee code BC is lower than the current base rebate for such
orders, Members still have an opportunity to receive a base rebate for
such orders, which is in line with similar fees for Customer orders in
place on other options exchanges.\8\ Members will now be able to
achieve the higher rebate for orders yield fee code BC pursuant to the
proposed AIM Tier described above, which is tied to the levels of a
Member's Customer order flow. Therefore, the reduced base rebate for
orders yielding fee code BC is balanced by the rebate opportunity
pursuant to the proposed AIM Tier and helps support the Exchange's
objective in implementing the proposed tier to encourage an overall
increase in Customer order flow and facilitate improved market quality
on the Exchange.
---------------------------------------------------------------------------

    \8\ See MIAX Options Section 1(a)(iii), Priority Customer Rebate
Program, which provides a base rebate of $0.10 for Customer Price
Improvement Mechanism (``PRIME'') Agency orders, which are
comparable to orders yielding fee code BC on the Exchange (i.e.,
Customer AIM Agency orders).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6 of the Act,\9\ in general, and furthers the requirements
of Section 6(b)(4),\10\ in particular, as it is designed to provide for
the equitable allocation of reasonable dues, fees and other charges
among its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers. The Exchange operates in a
highly-competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive or incentives to be insufficient. The
proposed rule change reflects a competitive pricing structure designed
to incentivize market participants to direct their order flow to the
Exchange, which the Exchange believes would enhance market quality to
the benefit of all Members.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed tier is
reasonable because it provides an additional opportunity for Members to
receive a rebate by providing a different set of criteria they for
which they can compete. The Exchange notes that volume-based incentives
and discounts have been widely adopted by exchanges,\11\ including the
Exchange,\12\ and are reasonable, equitable and non-discriminatory
because they are open to all members on an equal basis and provide
additional benefits or discounts that are reasonably related to (i) the
value to an exchange's market quality and (ii) associated higher levels
of market activity, such as higher levels of liquidity provision and/or
growth patterns. Additionally, as noted above, the Exchange operates in
highly competitive market. The Exchange is only one of several options
venues to which market participants may direct their order flow, and it
represents a small percentage of the overall market. Competing options
exchanges offer similar tiered pricing structures to that of the
Exchange, including schedules of rebates and fees that apply based upon
members achieving certain volume and/or growth thresholds. These
competing pricing schedules, moreover, are presently comparable to
those that the Exchange provides, including pricing incentives tied to
comparable tiers.\13\
---------------------------------------------------------------------------

    \11\ See e.g., Cboe BZX U.S. Options Exchange Fee Schedule,
Footnotes 1 and 12, Customer Penny Pilot and Non-Penny Pilot Add
Volume Tiers which provide enhanced rebates for Customer orders
where Members meet certain volume thresholds; see also supra note 8.
    \12\ See e.g., Cboe EDGX U.S. Options Exchange Fee Schedule,
Footnote 1, Customer Volume Tiers, which provide enhanced rebates
between $0.10 and $0.21 per contract for non-complex Customer Penny
and Non-Penny orders where Members meet certain volume thresholds.
    \13\ See e.g., Cboe BZX U.S. Options Exchange Fee Schedule,
Footnotes 1 and 12, Customer Penny Pilot and Non-Penny Pilot Add
Volume Tiers, which provide enhanced rebates between $0.35-$1.05 per
contract where Members, among other things including a cross-asset
threshold, meet a specified level of ADAV in Customer orders as a
percentage of OCV.
---------------------------------------------------------------------------

    Moreover, the Exchange believes the proposed AIM Tier is a
reasonable means to encourage Members to increase Customer volume on
the Exchange. Particularly, the Exchange believes the proposed tier is
reasonable because it will encourage increased Customer volume, thus a
deeper, more liquid market, and an increase in transaction
opportunities for all market participants provided by the increased
Customer liquidity. As stated, increased Customer order flow provides
continued liquidity to the Exchange, in that it provides additional
transaction opportunities which attract Market Makers. Increased Market
Maker activity facilitates tighter spreads and signals an increase in
additional order flow from other market participants. In turn, these
increases benefit all Members by contributing towards a robust and
well-balanced market ecosystem. Also, increased overall order flow
benefits all investors by deepening the Exchange's liquidity pool,
providing greater execution incentives and opportunities, offering
additional flexibility for all investors to enjoy cost savings,
supporting the quality of price discovery, promoting market
transparency, and improving investor protection. Additionally, the
Exchange believes the proposed reduction in the base rebate for orders
yielding fee code BC is reasonable because Members still have an
opportunity to receive a rebate for such orders, albeit at a lesser
amount. Moreover, the reduced base rebate is still higher than offered
at other exchanges for similar transactions.\14\ As described above,
the Exchange will continue to offer an opportunity to receive the $0.14
rebate, but will now tie it to a requirement to increase Members'
Customer order flow. Accordingly, balancing the reduced base rebate for
orders yielding fee code BC with the higher rebate opportunity for such
orders helps support Exchange's objective in implementing an incentive
to encourage an increase in Customer order flow and contribution to
enhanced market quality on the Exchange.
---------------------------------------------------------------------------

    \14\ See supra note 8.
---------------------------------------------------------------------------

    The Exchange also believes that the proposed rebate amount and
criteria under the AIM Tier does not represent a significant departure
from the rebates currently offered, or required criteria, under the
Exchange's existing Customer Volume Tiers. For example, under existing
non-complex Customer Volume Tier 1 (applicable to orders yielding fee
code PC or NC which are provided a standard rebate of $0.01), if a
Member has a daily average volume (ADV) of 0.35% or greater than the
OCV the Member receives a rebate of $0.10 per share. The Exchange
believes the proposed tier criteria and rebate of $0.14 is comparable
to this existing tier, especially given that orders yielding fees code
PC or NC receive a standard rebate of $0.01 as compared to the $0.11
base rebate (as proposed) for orders yielding fee code BC.
    The Exchange believes that the proposed tier represents an
equitable allocation of fees and is not unfairly discriminatory because
it applies uniformly to all Members. All Members are eligible for the
proposed AIM tier, would have the opportunity to meet the tier's
criteria (which the Exchange believes is less stringent that other
existing Customer Volume tiers),\15\ and would receive the proposed
rebate if such criteria is met. While the Exchange has no way of
knowing whether this

proposed rule change would definitively result in any particular Member
qualifying for the proposed tier or if it would otherwise impact Member
activity, the Exchange anticipates at least three Members meeting, or
being reasonably able to meet, the proposed criteria. Accordingly, the
Exchange believes the proposed tier is reasonably designed to provide
an incentive for Members interested in meeting the tier criteria to
submit additional Customer volume to achieve the proposed rebate. The
Exchange lastly notes that the proposed tier will not adversely impact
any Member's pricing or their ability to qualify for other tiers.
Rather, should a Member not meet the proposed criteria, the Member will
merely not receive the proposed reduced fee. Furthermore, the proposed
rebate would uniformly apply to all Members that meet the required
criteria under proposed AIM Tier. Likewise, the Exchange believes that
the proposed reduction in the base rebate for orders yielding fee code
BC represents an equitable allocation of rebates and is not unfairly
discriminatory because it is balanced by the higher rebate for such
orders provided under the proposed AIM Tier and Members will continue
to have the opportunity to receive a base rebate on such orders which
will also continue to uniformly apply to all such orders.
---------------------------------------------------------------------------

    \15\ See e.g., Cboe EDGX U.S. Options Exchange Fee Schedule,
Footnote 1, Customer Volume Tiers 2-4, which require a Member to
have an ADV of over 0.35% (as proposed in the AIM Tier) of the OCV.
---------------------------------------------------------------------------

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 intramarket or intermarket competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
Rather, as discussed above, the Exchange believes that the proposed
change would encourage the submission of additional liquidity to a
public exchange, thereby promoting market depth, price discovery and
transparency and enhancing order execution opportunities for all
Members. As a result, the Exchange believes that the proposed change
furthers the Commission's goal in adopting Regulation NMS of fostering
competition among orders, which promotes ``more efficient pricing of
individual stocks for all types of orders, large and small.'' \16\
---------------------------------------------------------------------------

    \16\ Securities Exchange Act Release No. 51808, 70 FR 37495,
37498-99 (June 29, 2005) (S7-10-04) (Final Rule).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change does impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Particularly, the proposed
change applies to all Members equally in that all Members are eligible
for the proposed tier, have a reasonable opportunity to meet the tier's
criteria and will all receive the proposed rebate if such criteria is
met. Additionally, the proposed change is designed to attract
additional order flow to the Exchange. The Exchange believes that the
proposed tier would incentivize market participants to direct both
liquidity providing and executable order flow to the Exchange. Greater
overall order flow benefits all market participants on the Exchange by
providing more trading opportunities and continuing to encourage
Members to send orders, thereby contributing towards a robust and well-
balanced market ecosystem, which benefits all market participants.
    Next, the Exchange believes the proposed rule change does not
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As previously
discussed, the Exchange operates in a highly competitive market.
Members have numerous alternative venues that they may participate on
and director their order flow, including 15 other options exchanges and
off-exchange venues. Additionally, the Exchange represents a small
percentage of the overall market. Based on publicly available
information, no single options exchange has more than 21% of the market
share.\17\ Therefore, no exchange possesses significant pricing power
in the execution of option order flow. Indeed, participants can readily
choose to send their orders to other exchange and off-exchange venues
if they deem fee levels at those other venues to be more favorable.
Moreover, the Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. Specifically, in
Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \18\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. Securities and Exchange Commission, the D.C.
Circuit stated as follows: ``[n]o one disputes that competition for
order flow is `fierce.' . . . As the SEC explained, `[i]n the U.S.
national market system, buyers and sellers of securities, and the
broker-dealers that act as their order-routing agents, have a wide
range of choices of where to route orders for execution'; [and] `no
exchange can afford to take its market share percentages for granted'
because `no exchange possesses a monopoly, regulatory or otherwise, in
the execution of order flow from broker dealers'. . . .''.\19\
Accordingly, the Exchange does not believe its proposed fee change
imposes any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \17\ See supra note 3.
    \18\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \19\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

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 \20\ and paragraph (f) of Rule 19b-4 \21\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeEDGX-2019-068 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeEDGX-2019-068. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeEDGX-2019-068 and should be
submitted on or before December 3, 2019.
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-24496 Filed 11-8-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Page 76971]
[FR Doc No: 2015-31211]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC15-210-000.
    Applicants: Dominion Solar Projects A, Inc., Dominion Solar
Projects I, Inc.
    Description: Second Clarification to September 24, 2015 Application
for Authorization Under Section 203 of the Federal Power Act of
Dominion Solar Projects A, Inc., et al.
    Filed Date: 12/4/15.
    Accession Number: 20151204-5299.
    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: EC16-21-000.
    Applicants: Sandstone Solar LLC.
    Description: Clarification to October 29, 2015 Application for
Authorization Under Section 203 of the Federal Power Act, Request for
Expedited Consideration and Confidential Treatment of Sandstone Solar
LLC.
    Filed Date: 12/3/15.
    Accession Number: 20151203-5147.
    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: EC16-46-000.
    Applicants: Bicent (California) Malburg LLC.
    Description: Application for Authorization for Disposition of
Jurisdictional Facilities and Request for Expedited Action of Bicent
(California) Malburg LLC.
    Filed Date: 12/4/15.
    Accession Number: 20151204-5293.
    Comments Due: 5 p.m. ET 12/28/15.

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

    Docket Numbers: ER16-468-000.
    Applicants: FTS Master Tenant 1, LLC.
    Description: Baseline eTariff Filing: FTS Master Tenant 1 LLC MBR
Tariff to be effective 2/1/2016.
    Filed Date: 12/4/15.
    Accession Number: 20151204-5249.
    Comments Due: 5 p.m. ET 12/28/15.

    Docket Numbers: ER16-469-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2015-12-04_Order 1000 CTDS
Variance Analysis Filing to be effective 2/2/2016.
    Filed Date: 12/4/15.
    Accession Number: 20151204-5257.
    Comments Due: 5 p.m. ET 12/28/15.

    Docket Numbers: ER16-470-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2015-12-04_Order 1000 (TOA)
CTDS Variance Analysis Filing to be effective 2/2/2016.
    Filed Date: 12/4/15.
    Accession Number: 20151204-5259.
    Comments Due: 5 p.m. ET 12/28/15.

    Docket Numbers: ER16-471-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Notice of Termination of the Generator Interconnection
Agreement designated as Project No. G359 of Midcontinent Independent
System Operator, Inc.
    Filed Date: 12/4/15.
    Accession Number: 20151204-5286.
    Comments Due: 5 p.m. ET 12/28/15.

    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA08-14-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance Filing of Midcontinent Independent System
Operator, Inc.
    Filed Date: 12/4/15.
    Accession Number: 20151204-5292.
    Comments Due: 5 p.m. ET 12/28/15.

    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 Sec.  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: December 7, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-31211 Filed 12-10-15; 8:45 am]
 BILLING CODE 6717-01-P