[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Rules and Regulations]
[Pages 32017-32019]
[FR Doc No: 2015-13402]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2014-0528; FRL-9928-59-Region 7]

Approval and Promulgation of Implementation Plans; State of
Kansas; Infrastructure SIP Requirements for the 2010 Sulfur Dioxide
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to

approve elements of a State Implementation Plan (SIP) submission from
the State of Kansas addressing the applicable requirements of Clean Air
Act (CAA) section 110 for the 2010 National Ambient Air Quality
Standards (NAAQS) for Sulfur Dioxide (SO2), which requires
that each state adopt and submit a SIP to support implementation,
maintenance, and enforcement of each new or revised NAAQS promulgated
by EPA. These SIPs are commonly referred to as ``infrastructure'' SIPs.
The infrastructure requirements are designed to ensure that the
structural components of each state's air quality management program
are adequate to meet the state's responsibilities under the CAA.

DATES: This final rule is effective July 6, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2014-0528. All documents in the electronic docket are
listed in the http://www.regulations.gov index. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically at http://www.regulations.gov or in hard copy at U.S.
Environmental Protection Agency, Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219 from 8:00 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The interested persons wanting to
examine these documents should make an appointment with the office at
least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Ms. Lachala Kemp, Air Planning and
Development Branch, U.S. Environmental Protection Agency, Region 7,
11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551-
7214; fax number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' or ``our'' refer to EPA. This section provides additional
information by addressing the following:

I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Review

I. Background

    On March 6, 2015, (80 FR 12109), EPA published a notice of proposed
rulemaking (NPR) for the State of Kansas. The NPR proposed approval of
Kansas' submission that provides the basic elements specified in
section 110(a)(2) of the CAA, or portions thereof, necessary to
implement, maintain, and enforce the 2010 SO2 NAAQS.

II. Summary of SIP Revision

    On July 15, 2013, EPA received a SIP submission from the state of
Kansas that address the infrastructure elements specified in section
110(a)(2) for the 2010 SO2 NAAQS. The submissions addressed
the following infrastructure elements of section 110(a)(2): (A), (B),
(C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). Specific
requirements of section 110(a)(2) of the CAA and the rationale for
EPA's proposed action to approve the SIP submission are explained in
the NPR and will not be restated here. No public comments were received
on the NPR.

III. Final Action

    EPA is approving Kansas' submission which provides the basic
program elements specified in section 110(a)(2)(A), (B), (C),
(D)(i)(II) (prongs 3 and 4), (D)(ii) (E), (F), (G), (H), (J), (K), (L),
and (M) of the CAA, or portions thereof, necessary to implement,
maintain, and enforce the 2010 SO2 NAAQS, as a revision to
the Kansas SIP. This action is being taken under section 110 of the
CAA. As discussed in each applicable section of the NPR, EPA is not
acting on section 110(a)(2)(D)(i)(I), and section 110(a)(2)(I)--
Nonattainment Area Plan or Plan Revisions Under part D.

IV. Statutory and Executive Order Review

    Under the CAA the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States

Court of Appeals for the appropriate circuit by August 4, 2015. Filing
a petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Sulfur
dioxide, Reporting and recordkeeping requirements.

    Dated: May 21, 2015.
Becky Weber,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA is amending 40 CFR
part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart R--Kansas

0
2. In Sec.  52.870(e), the table is amended by adding entry (40) in
numerical order to read as follows:

Sec.  52.870  Identification of plan.

* * * * *
    (e) * * *

                                  EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                   Applicable geographic      State
   Name of nonregulatory SIP       area or nonattainment    submittal  EPA approval date        Explanation
           provision                       area               date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
(40) Section 110(a)(2)           Statewide...............   7/15/2013  6/5/2015 and       This action addresses
 Infrastructure Requirements                                            [Insert Federal    the following CAA
 for the 2010 SO2 NAAQS.                                                Register           elements:
                                                                        citation].         110(a)(2)(A), (B),
                                                                                (C), (D)(i)(II),
                                                                                (D)(ii), (E), (F),
                                                                                (G), (H), (J), (K),
                                                                                (L), and (M), except
                                                                                as noted.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-13402 Filed 6-4-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Rules and Regulations]
[Pages 58498-58500]
[FR Doc No: 2023-18359]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Chapter I

[Docket No. FDA-2023-D-1909]

Enhanced Drug Distribution Security Requirements Under Section
582(g)(1) of the Federal Food, Drug, and Cosmetic Act--Compliance
Policies; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, Department of Health and Human
Services (HHS).

ACTION: Notification of availability.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing the availability of a final guidance for industry entitled
``Enhanced Drug Distribution Security Requirements Under Section
582(g)(1) of the Federal Food, Drug, and Cosmetic Act--Compliance
Policies.'' This guidance describes FDA's compliance policies regarding
enforcement of requirements for the interoperable, electronic, package
level product tracing (referred to as enhanced drug distribution
security requirements) under the Federal Food, Drug, and Cosmetic Act
(FD&C Act) that will go into effect on November 27, 2023. FDA believes
the compliance policies outlined in this guidance will help supply
chain stakeholders, particularly trading partners, by accommodating the
additional time that may be needed to continue to develop and refine
appropriate systems and processes to conduct interoperable, electronic
tracing at the package level, to achieve robust supply chain security
under the Drug Supply Chain Security Act (DSCSA) while helping ensure
continued patient access to prescription drugs.

DATES: The announcement of the guidance is published in the Federal
Register on August 28, 2023.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2023-D-1909 for ``Enhanced Drug Distribution Security Requirements
Under Section 582(g)(1) of the Federal Food, Drug, and Cosmetic Act--
Compliance Policies.'' Received comments will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the
Division of Drug Information, Center for Drug Evaluation and Research,
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale
Building, 4th Floor, Silver Spring, MD 20993-0002 or to the Office of
Communication, Outreach and Development, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm.

3128, Silver Spring, MD 20993-0002. Send one self-addressed adhesive
label to assist that office in processing your requests. See the
SUPPLEMENTARY INFORMATION section for electronic access to the guidance
document.

FOR FURTHER INFORMATION CONTACT: Elizabeth Pepinsky, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 4258, Silver Spring, MD 20993-0002, 301-
796-3130, email: [email protected]; or Anne Taylor, Center
for Biologics Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-
0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Enhanced Drug Distribution Security Requirements Under
Section 582(g)(1) of the Federal Food, Drug, and Cosmetic Act--
Compliance Policies.'' This guidance describes FDA's compliance
policies regarding enforcement of requirements for the interoperable,
electronic, package level product tracing (referred to as enhanced drug
distribution security requirements) under section 582(g)(1) of the FD&C
Act (21 U.S.C. 360eee-1(g)(1)) that will go into effect on November 27,
2023. FDA believes that these compliance policies will facilitate the
continued use of product tracing and verification methods currently
being used while accommodating the additional time that may be needed
by trading partners to continue to develop and refine the systems and
processes for such activities required under section 582(g)(1) of the
FD&C Act.
    We are issuing this guidance consistent with our good guidance
practices (GGP) regulation (21 CFR 10.115). We are implementing this
guidance without prior public comment because we have determined that
prior public participation is not feasible or appropriate (21 CFR
10.115(g)(2)). The Agency made this determination because the Agency
needs to communicate its compliance policy in a timely manner and
provide stakeholders notice of the compliance policy ahead of the
effective date of the enhanced distribution security requirements.
Although this guidance document is being implemented immediately, it
remains subject to comment in accordance with FDA's GGP regulation and
the Agency will consider all comments received and determine whether
revisions to the guidance document are appropriate.
    The DSCSA, enacted on November 27, 2013, outlines critical steps
for building an electronic, interoperable system by November 27, 2023,
that will identify and trace certain prescription drugs as they are
distributed within the United States. Since the enactment of DSCSA, FDA
and trading partners have been preparing for the implementation of the
enhanced drug distribution security requirements imposed by section
582(g)(1) of the FD&C Act. Trading partners are continuing to work to
have the necessary systems and processes in place in anticipation of
the November 27, 2023, effective date for these requirements. While
trading partners have the obligation to comply with section 582
requirements, including for enhanced drug distribution security, there
are other stakeholders involved and affected, including but not limited
to: solution providers, standards organizations, trade and professional
organizations, state authorities, and other Federal authorities.
    FDA understands that collaboration and alignment among trading
partners and other stakeholders throughout the supply chain are
critical for achieving interoperability under the DSCSA. FDA has heard
from stakeholders, including a broad representation of trading
partners, about concerns regarding trading partner readiness and the
need for clarity and flexibility to ensure trading partners can
continue to move product through the supply chain when the enhanced
drug distribution security requirements under section 582(g)(1) of the
FD&C Act take effect. Most recently, at a virtual public meeting on
DSCSA Implementation and Readiness Efforts for 2023 held on December 7
and 8, 2022 (87 FR 67047, November 7, 2022), stakeholders indicated
that trading partners throughout the supply chain are at different
stages of readiness, with some trading partners being further behind
not only in terms of understanding their obligations under section
582(g)(1) of the FD&C Act, but also being aware of the time and
resources necessary to meet those obligations. Stakeholders also
expressed a need for clarity with respect to treatment of product that
is already in the supply chain on November 27, 2023, and the need for
flexibility when the requirements under section 582(g)(1) take effect,
to minimize potential disruptions in the supply chain. In addition,
stakeholders are experiencing challenges with predicting and planning
for the possible volume of requests for product tracing information
from Federal and State authorities and other trading partners, and the
resources needed to respond to such requests, in accordance with
section 582(g)(1) of the FD&C Act.
    While FDA generally expects trading partners to have the systems
and processes in place to meet the enhanced drug distribution security
requirements of section 582(g)(1) as of November 27, 2023, we recognize
that some technical and operational issues, including issues involving
trading partners and other affected stakeholders, may not be fully
resolved by that time. The Agency also understands that additional time
beyond November 27, 2023, may be needed for systems to stabilize and be
fully interoperable for accurate, secure, and timely electronic data
exchange. This guidance is intended to provide clarity and flexibility
to trading partners to help ensure continued patient access to
prescription drugs as the supply chain transitions to the
interoperable, electronic product tracing at the package level under
the DSCSA. The compliance policies in this guidance can help trading
partners throughout the supply chain implement the requirements under
section 582(g)(1) of the FD&C Act by accommodating the additional time
that may be needed to implement, troubleshoot, and mature their systems
and processes while supporting the continued availability of products
to patients.
    The guidance represents the current thinking of FDA on ``Enhanced
Drug Distribution Security Requirements Under Section 582(g)(1) of the
Federal Food, Drug, and Cosmetic Act--Compliance Policies.'' It does
not establish any rights for any person and is not binding on FDA or
the public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.\1\
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    \1\ The Office of the Federal Register has published this
document under the category ``Rules and Regulations'' pursuant to
its interpretation of 1 CFR 5.9(b). We note that the categorization
as such for purposes of publication in the Federal Register does not
affect the content or intent of the document. See 1 CFR 5.1(c).
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II. Paperwork Reduction Act

    FDA concludes that this guidance contains no collection of
information. Therefore, clearance by the Office of Management and
Budget under the Paperwork Reduction Act of 1995 is not required.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/

vaccines-blood-biologics/guidance-compliance-regulatory-information-
biologics/biologics-guidances, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov.

    Dated: August 22, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-18359 Filed 8-25-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62777-62778]
[FR Doc No: 2013-24632]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70623; File No. SR-BYX-2013-037]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Rule Change To Add a Reference
to Rule 10C-1 Under the Exchange Act in the Exchange's Rules Concerning
Unlisted Trading Privileges

October 8, 2013.
    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 October 3, 2013, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange filed a proposal add language to Rule 14.1, entitled
``Unlisted Trading Privileges,'' that will make clear that the Exchange
will not list equity securities without first ensuring that its rules
comply with Rule 10C-1 under the Act (``Rule 10C-1'').\3\
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    \3\ 17 CFR 240.10C-1.
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    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to add language to Rule 14.1, which will
clarify the fact that the Exchange will not list equity securities
without first ensuring that Exchange Rules comply with Rule 10C-1, as
described below.\4\
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    \4\ 17 CFR 240.10C-1.
---------------------------------------------------------------------------

    On March 30, 2011, to implement Section 10C of the Act,\5\ as added
by Section 952 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 (``Dodd-Frank Act''),\6\ the Commission proposed
Rule 10C-1 under the Act,\7\ which directs each national securities
exchange to prohibit the listing of any equity security of any issuer,
with certain exceptions, that does not comply with the rule's
requirements regarding compensation committees of listed issuers and
related requirements regarding compensation advisers. On June 20, 2012,
the Commission adopted Rule 10C-1.\8\ Rule 10C-1 obligates the Exchange
to establish listing standards that require each member of a listed
issuer's compensation committee to be a member of the issuer's board
and to be independent, as well as establish certain factors that an
issuer must consider when evaluating the independence of a director.\9\
Rule 10C-1 also requires the Exchange to establish standards for
evaluating the independence of a compensation consultant, legal
counsel, or other adviser (``Compensation Consultant'') and requires a
Company to provide funding to a compensation committee to retain such
Compensation Consultant.\10\
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    \5\ 15 U.S.C. 78j-3.
    \6\ Public Law 111-203, 124 Stat. 1900 (2010).
    \7\ See Securities Act Release No. 9199, Securities Exchange Act
Release No. 64149 (March 30, 2011), 76 FR 18966 (April 6, 2011)
(``Rule 10C-1 Proposing Release'').
    \8\ See Securities Act Release No. 9330, Securities Exchange Act
Release No. 67220 (June 20, 2012), 77 FR 38422 (June 27, 2012)
(``Rule 10C-1 Adopting Release'').
    \9\ 17 CFR 240.10C-1.
    \10\ Id.
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    The Exchange does not currently list any securities as a primary
listing market. Consistent with this fact, Exchange Rule 14.1 currently
states that

all securities traded on the Exchange are traded pursuant to unlisted
trading privileges and that the Exchange will not list any securities
before first filing and obtaining Commission approval of rules that
incorporate qualitative listing criteria and comply with Rule 10A-3
under the Act.\11\ To make clear the Exchange's intention to comply
with the requirements of Rule 10C-1, the Exchange proposes to amend
Rule 14.1 to state that no equity securities will be listed on the
Exchange until Exchange Rules have been amended to also comply with
Rule 10C-1. Because the Exchange does not presently list any equity
securities, the Exchange does not believe it is necessary to make any
further amendments in response Section 952 of the Dodd-Frank Act at
this time.
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    \11\ 17 CFR 240.10A-3.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\12\ Specifically, the
proposal is consistent with Section 6(b)(5) of the Act,\13\ which
requires exchange rules to promote just and equitable principles of
trade, remove impediments to, and perfect the mechanism of, a free and
open market and a national market system, and, in general, protect
investors and the public interest. The Exchange believes the proposed
rule change fulfills these requirements because it will add language to
Rule 14.1 that clarifies the fact that the Exchange will not list
equity securities without first ensuring that its rules comply with
Rule 10C-1, which implements Section 10C of the Act.\14\
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ 15 U.S.C. 78j-3.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    BYX believes the proposal is consistent with Section 6(b)(8) of the
Act \15\ in that it does not impose any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
The Exchange notes that the proposed rule change will merely clarify
the fact that Exchange Rules must comply with Rule 10C-1 under the Act
before any listing of equity securities on the Exchange becomes
effective. Thus, the rule change will not impose any burden on
intermarket or intramarket competition.
---------------------------------------------------------------------------

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

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \16\ and Rule 19b-
4(f)(6)(iii) thereunder.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BYX-2013-037 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-BYX-2013-037. 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 20549-1090, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-BYX-
2013-037, and should be submitted on or before November 12, 2013

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24632 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 15, 2010 (Volume 75, Number 114)]
[Notices]
[Page 33856-33857]
[DOCID:fr15jn10-121]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Regulation 12B; OMB Control No. 3235-0062; SEC File No.
270-70.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Regulation 12B (17 CFR 240.12b-1--12b-37) includes rules governing
all registration statements and reports under Sections 12(b), 12(g),
13(a), and 15(d) (15 U.S.C. 78l(b), 78l(g), 78m(a) and 78o(d)) of the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange
Act''). The purpose of the regulation is to set forth guidelines for
the uniform preparation of Exchange Act documents. Regulation 12B is
assigned one burden hour for administrative convenience because the
regulation simply prescribes the disclosure that must appear in other
filings under the federal securities laws.
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Charles Boucher, Director/
CIO,

Securities and Exchange Commission, C/O Shirley Martinson, 6432 General
Green Way, Alexandria, VA 22312; or send an e-mail to: PRA_
<EMAIL_ADDRESS>
    Dated: June 7, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-14355 Filed 6-14-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Notices]
[Page 2205]
[FR Doc No: 2016-00704]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL14-12-002]

Notice Setting Deadlines To File Briefs

    Association of Businesses Advocating Tariff Equity, Coalition of
MISO Transmission Customers, Illinois Industrial Energy Consumers,
Indiana Industrial Energy Consumers, Inc., Minnesota Large
Industrial Group, Wisconsin Industrial Energy Group v. Midcontinent
Independent System Operator, Inc., ALLETE, Inc., Ameren Illinois
Company, Ameren Missouri, Ameren Transmission Company of Illinois,
American Transmission Company LLC, Cleco Power LLC, Duke Energy
Business Services, LLC, Entergy Arkansas, Inc., Entergy Gulf States
Louisiana, LLC, Entergy Louisiana, LLC, Entergy Mississippi, Inc.,
Entergy New Orleans, Inc., Entergy Texas, Inc., Indianapolis Power &
Light Company, International Transmission Company, ITC Midwest LLC,
Michigan Electric Transmission Company, LLC MidAmerican Energy
Company, Montana-Dakota Utilities Co., Northern Indiana Public
Service Company, Northern States Power Company-Minnesota, Northern
States Power Company-Wisconsin, Otter Tail Power Company, Southern
Indiana Gas & Electric Company

    On January 5, 2016, Arkansas Electric Cooperative Corporation;
Mississippi Delta Energy Agency and its members, Clarksdale Public
Utilities Commission of the City of Clarksdale, Mississippi and Public
Service Commission of Yazoo City, Mississippi; Hoosier Energy Rural
Electric Cooperative, Inc.; and South Mississippi Electric Power
Association filed a motion for clarification regarding the submission
of briefs on exceptions, in the above-referenced proceeding (Motion).
On January 8, 2016, MISO Transmission Owners filed an answer to the
Motion. Notice is hereby given that the deadline for submitting briefs
on exceptions is set to and including January 21, 2016. The deadline to
file briefs opposing exceptions is set to and including February 10,
2016.

    Dated: January 11, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. 2016-00704 Filed 1-14-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95693-95699]
[FR Doc No: 2016-31298]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79636; File No. SR-BatsBZX-2016-87]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Market Data Section of Its Fee Schedule To Adopt Fees for BZX
Summary Depth and Amend Fees for BZX Depth

December 21, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 14, 2016, Bats BZX Exchange, Inc. (``BZX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The 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 Market Data section of
its fee schedule to: (i) Adopt fees for a new market data product
called BZX Summary Depth; and (ii) amend the fees for BZX Depth.
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Market Data section of its fee
schedule to: (i) Adopt fees for a new market data product called BZX
Summary Depth; and (ii) amend the fees for BZX Depth.
BZX Summary Depth
    BZX Summary Depth is a data feed that will provide aggregated two-
sided quotations for all displayed orders entered into the System \5\
for up to five (5) price levels for securities traded on the Exchange
and for which the Exchange reports quotes under the Consolidated Tape
Association (``CTA'') Plan or the Nasdaq/UTP Plan.\6\ BZX Summary Depth
will also contain the individual last sale information, Market Status,
Trading Status, and Trade Break messages. The individual last sale
information will include the price, size, and time of execution. The
last sale message will also include the cumulative number of shares
executed on the Exchange for that trading day. The Exchange intends to
begin to offer BZX Summary Depth on January 3, 2017.\7\
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    \5\ ``System'' is defined as the ``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(aa).
    \6\ See Exchange Rule 11.22(m).
    \7\ See Reminder: Bats Global Markets to Introduce Bats Summary
Depth Feeds on January 3, 2017, http://cdn.batstrading.com/resources/release_notes/2017/Reminder-Bats-Global-Markets-to-Introduce-Bats-Summary-Depth-Feeds-on-Jan-3-2017.pdf.
---------------------------------------------------------------------------

    The Exchange now proposes to amend its fee schedule to incorporate
fees for distribution of BZX Summary Depth to subscribers.\8\ The
proposed fees include the following, each of which are described in
detail below: (i) Distribution Fees for both Internal and External
Distributors; \9\ (ii) Usage Fees for both Professional \10\ and Non-
Professional \11\ Users; (iii) an Enterprise Fee; and (iv) a Digital
Media Enterprise Fee.
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    \8\ The Exchange notes that its affiliated exchanges, Bats EDGX
Exchange, Inc. (``EDGX''), Bats EDGA Exchange, Inc. (``EDGA'') and
Bats BYX Exchange, Inc. (``BYX'', together with the Exchange, EDGX
and EDGA, the ``Bats Exchanges''), also intent to file proposed rule
changes with Commission to adopt similar fees for their respective
Summary Depth market data product.
    \9\ A ``Distributor'' is defined as ``any entity that receives
the Exchange Market Data product directly from the Exchange or
indirectly through another entity and then distributes it internally
or externally to a third party.'' See the Exchange's fee schedule
available at http://www.bats.com/us/equities/membership/fee_schedule/bzx/. An ``Internal Distributor'' is defined as ``a
Distributor that receives the Exchange Market Data product and then
distributes that data to one or more Users within the Distributor's
own entity.'' Id. An ``External Distributor'' is defined as ``a
Distributor that receives the Exchange Market Data product and then
distributes that data to a third party or one or more Users outside
the Distributor's own entity.'' Id.''
    \10\ A ``Professional User'' is defined as ``any User other than
a Non-Professional User.'' See the Exchange's fee schedule available
at http://www.bats.com/us/equities/membership/fee_schedule/bzx/.
    \11\ A ``Non-Professional User'' is defined as ``a natural
person who is not: (i) Registered or qualified in any capacity with
the Commission, the Commodity Futures Trading Commission, any state
securities agency, any securities exchange or association, or any
commodities or futures contract market or association; (ii) engaged
as an ``investment adviser'' as that term is defined in Section
202(a)(11) of the Investment Advisers Act of 1940 (whether or not
registered or qualified under that Act); or (iii) employed by a bank
or other organization exempt from registration under federal or
state securities laws to perform functions that would require
registration or qualification if such functions were performed for
an organization not so exempt.'' Id.
---------------------------------------------------------------------------

    Distribution Fees. As proposed, each Internal Distributor that
receives BZX

Summary Depth shall pay a fee of $5,000 per month. The Exchange does
not propose to charge any User fees for BZX Summary Depth where the
data is received and subsequently internally distributed to
Professional or Non-Professional Users. In addition, the Exchange
proposes to charge also External Distributors that receive BZX Summary
Depth a fee of $5,000 per month.
    User Fees. The Exchange proposes to charge External Distributors
that redistribute BZX Summary Depth different fees for their
Professional Users and Non-Professional Users. The Exchange will assess
a monthly fee for Professional Users of $5.00 per User. Non-
Professional Users will be assessed a monthly fee of $0.15 per User.
The Exchange does not propose to charge per User fees to Internal
Distributors.
    External Distributors that receive BZX Summary Depth will be
required to count every Professional User and Non-Professional User to
which they provide BZX Summary Depth, the requirements for which are
identical to that currently in place for other market data products
offered by the Exchange.\12\ Thus, the External Distributor's count
will include every person and device that accesses the data regardless
of the purpose for which the individual or device uses the data.
External Distributors must report all Professional and Non-Professional
Users in accordance with the following:
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release Nos. 74285 (February
18, 2015); 80 FR 9828 (February 24, 2015) (SR-BATS-2015-11)
(proposing fees for the Bats One Feed); 75406 (July 9, 2015), 80 FR
41522 (July 15, 2015) (SR-BATS-2015-48) (proposing user fees for the
BZX Top and Last Sale data feeds); and 75785 (August 28, 2015), 80
FR 53360 (September 3, 2015) (SR-BATS-2015-64) (proposing fees for
BZX Book Viewer).
---------------------------------------------------------------------------

     In connection with an External Distributor's distribution
of BZX Summary Depth, the Distributor should count as one User each
unique User that the Distributor has entitled to have access to BZX
Summary Depth. However, where a device is dedicated specifically to a
single individual, the Distributor should count only the individual and
need not count the device.
     The External Distributor should identify and report each
unique User. If a User uses the same unique method to gain access to
BZX Summary Depth, the Distributor should count that as one User.
However, if a unique User uses multiple methods to gain access to BZX
Summary Depth (e.g., a single User has multiple passwords and user
identifications), the External Distributor should report all of those
methods as an individual User.
     External Distributors should report each unique individual
person who receives access through multiple devices as one User so long
as each device is dedicated specifically to that individual.
     If an External Distributor entitles one or more
individuals to use the same device, the External Distributor should
include only the individuals, and not the device, in the count.
    Each External Distributor will receive a credit against its monthly
Distribution Fee for BZX Summary Depth equal to the amount of its
monthly Usage Fees up to a maximum of the Distribution Fee for BZX
Summary Depth. For example, an External Distributor will be subject to
a $5,000 monthly Distribution Fee where they receive BZX Summary Depth.
If that External Distributor reports User quantities totaling $5,000 or
more of monthly usage of BZX Summary Depth, it will pay no net
Distribution Fee, whereas if that same External Distributor were to
report User quantities totaling $4,000 of monthly usage, it will pay a
net of $1,000 for the Distribution Fee. External Distributors will
remain subject to the per User fees discussed above.
    Enterprise Fee. The Exchange also proposes to establish a $30,000
per month Enterprise Fee that will permit a recipient firm who receives
BZX Summary Depth from an External Distributor to receive the data for
an unlimited number of Professional and Non-Professional Users. For
example, if a recipient firm had 15,000 Professional Users who each
receive BZX Summary Depth at $5.00 per month, then that recipient firm
will pay $75,000 per month in Professional Users fees. Under the
proposed Enterprise Fee, the recipient firm will pay a flat fee of
$30,000 for an unlimited number of Professional and Non-Professional
Users for BZX Summary Depth. A recipient firm must pay a separate
Enterprise Fee for each External Distributor that controls the display
of BZX Summary Depth if it wishes such User to be covered by an
Enterprise Fee rather than by per User fees. A recipient firm that pays
the Enterprise Fee will not have to report its number of such Users on
a monthly basis. However, every six months, a recipient firm must
provide the Exchange with a count of the total number of natural person
users of each product, including both Professional and Non-Professional
Users. Lastly, the proposed Enterprise Fee would be counted towards the
Distribution Fee credit described above, under which an External
Distributor receives a credit towards its Distribution Fee equal to the
amount of its monthly BZX Summary Depth User fees.
    Digital Media Enterprise Fee. The Exchange proposes to adopt a
Digital Media Enterprise Fee of $7,500 per month for BZX Summary Depth.
As an alternative to proposed User fees discussed above, a recipient
firm may purchase a monthly Digital Media Enterprise license to receive
BZX Summary Depth from an External Distributor to distribute to an
unlimited number of Professional and Non-Professional Users for viewing
via television, Web sites, and mobile devices for informational and
non-trading purposes only without having to account for the extent of
access to the data or the report the number of Users to the Exchange.
Lastly, the proposed Digital Media Enterprise Fee would be counted
towards the Distribution Fee credit described above, under which an
External Distributor receives a credit towards its Distribution Fee
equal to the amount of its monthly BZX Summary Depth User fees.
BZX Depth
    BZX Depth is an uncompressed market data feed that provides depth-
of-book quotations and execution information based on equity orders
entered into the System.\13\ Currently, the Exchange charges fees for
both internal and external distribution of BZX Depth. The cost of BZX
Depth for an Internal Distributor is currently $1,500 per month. The
Exchange also separately charges an External Distributor of BZX Depth a
flat fee of $5,000 per month. The Exchange does not currently charge
Internal and External Distributors separate display User fees. The
Exchange also charges a fee for Non-Display Usage \14\ by Trading
Platforms \15\ by which subscribers to BZX Depth are charged a fee of
$5,000 per month. This fee is assessed in addition to existing
Distribution fees. The Exchange now proposes to amend its fee schedule
to incorporate Usage Fees for both Professional and Non-Professional
Users

and an Enterprise Fee for BZX Depth. Each of these changes are
described in detail below.
---------------------------------------------------------------------------

    \13\ See Exchange Rule 11.22(a) and (c).
    \14\ The term ``Non-Display Usage'' is defined as ``any method
of accessing a Market Data product that involves access or use by a
machine or automated device without access or use of a display by a
natural person or persons.'' See the Exchange's fee schedule
available at http://www.bats.com/us/equities/membership/fee_schedule/bzx/.
    \15\ The term ``Trading Platform'' is defined as ``any execution
platform operated as or by a registered National Securities Exchange
(as defined in Section 3(a)(1) of the Exchange Act), an Alternative
Trading System (as defined in Rule 300(a) of Regulation ATS), or an
Electronic Communications Network (as defined in Rule 600(b)(23) of
Regulation NMS).'' See the Exchange's fee schedule available at
http://www.bats.com/us/equities/membership/fee_schedule/bzx/.
---------------------------------------------------------------------------

    User Fees. The Exchange proposes to charge Internal and External
Distributors that redistribute BZX Depth different fees for their
Professional Users and Non-Professional Users.\16\ The Exchange will
assess a monthly fee for Professional Users of $40.00 per User. Non-
Professional Users will be assessed a monthly fee of $5.00 per User.
Distributors that receive BZX Depth will be required to count every
Professional User and Non-Professional User to which they provide BZX
Depth, the requirements for which are identical to that set forth above
for BZX Summary Depth and as currently in place for other market data
products offered by the Exchange.\17\
---------------------------------------------------------------------------

    \16\ The Exchange notes that, unlike as proposed for BZX Summary
Depth described above, both Internal and External Distributors of
BZX Depth would be charged the same User fee for their Professional
and Non-Professional Users.
    \17\ See supra note 12 and accompanying text.
---------------------------------------------------------------------------

    Enterprise Fee. The Exchange also proposes to establish a $100,000
per month Enterprise Fee that will permit an Internal Distributor,
External Distributor, or a recipient firm who receives BZX Depth from
an External Distributor to receive the data for an unlimited number of
Professional and Non-Professional Users. For example, if a recipient
firm had 15,000 Professional Users who each receive BZX Depth at $40.00
per month, then that recipient firm will pay $600,000 per month in
Professional Users fees. Under the proposed Enterprise Fee, the
recipient firm will pay a flat fee of $100,000 for an unlimited number
of Professional and Non-Professional Users for BZX Depth. Like proposed
above for BZX Summary Depth, a recipient firm must pay a separate
Enterprise Fee for each External Distributor that controls the display
of BZX Depth if it wishes such User to be covered by an Enterprise Fee
rather than by per User fees. A recipient firm that pays the Enterprise
Fee will not have to report its number of such Users on a monthly
basis. However, every six months, a recipient firm must provide the
Exchange with a count of the total number of natural person users of
each product, including both Professional and Non-Professional Users.
Implementation Date
    The Exchange intends to implement the proposed fee change on
January 3, 2017.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\18\ in general, and
furthers the objectives of Section 6(b)(4),\19\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other recipients of
Exchange data. The Exchange believes that the proposed rates are
equitable and non-discriminatory in that they apply uniformly to all
recipients of Exchange data. The Exchange believes the proposed fees
are competitive with those charged by other venues and, therefore,
reasonable and equitably allocated to recipients. The Exchange also
believes it is reasonable to charge different rates for BZX Depth and
BZX Summary Depth as both products different levels of content (e.g.,
BZX Depth contains quotations for all individual orders while BZX
Summary Depth contains the aggregation quotation information for all
orders up to five (5) price levels). Lastly, the Exchange also believes
that the proposed fees are reasonable and non-discriminatory because
they will apply uniformly to all recipients of Exchange data.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f.
    \19\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed rule change is
consistent with Section 11(A) of the Act \20\ in that it supports (i)
fair competition among brokers and dealers, among exchange markets, and
between exchange markets and markets other than exchange markets and
(ii) the availability to brokers, dealers, and investors of information
with respect to quotations for and transactions in securities.
Furthermore, the proposed rule change is consistent with Rule 603 of
Regulation NMS,\21\ which provides that any national securities
exchange that distributes information with respect to quotations for or
transactions in an NMS stock do so on terms that are not unreasonably
discriminatory. In adopting Regulation NMS, the Commission granted
self-regulatory organizations and broker-dealers increased authority
and flexibility to offer new and unique market data to the public. It
was believed that this authority would expand the amount of data
available to consumers, and also spur innovation and competition for
the provision of market data.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78k-1.
    \21\ 17 CFR 242.603.
---------------------------------------------------------------------------

    In addition, the proposed fees would not permit unfair
discrimination because all of the Exchange's customers and market data
vendors will be subject to the proposed fees on an equivalent basis.
BZX Summary Depth and BZX Depth are distributed and purchased on a
voluntary basis, in that neither the Exchange nor market data
distributors are required by any rule or regulation to make this data
available. Accordingly, Distributors and Users can discontinue use at
any time and for any reason, including due to an assessment of the
reasonableness of fees charged. Firms have a wide variety of
alternative market data products from which to choose, such as similar
proprietary data products offered by other exchanges and consolidated
data. Moreover, the Exchange is not required to make any proprietary
data products available or to offer any specific pricing alternatives
to any customers.
    In addition, the fees that are the subject of this rule filing are
constrained by competition. As explained below in the Exchange's
Statement on Burden on Competition, the existence of alternatives to
BZX Summary Depth and BZX Depth further ensures that the Exchange
cannot set unreasonable fees, or fees that are unreasonably
discriminatory, when vendors and subscribers can elect such
alternatives. That is, the Exchange competes with other exchanges (and
their affiliates) that provide similar market data products. If another
exchange (or its affiliate) were to charge less to distribute its
similar product than the Exchange charges to consolidate and distribute
BZX Summary Depth and BZX Depth, prospective Users likely would not
subscribe to, or would cease subscribing to, BZX Summary Depth and BZX
Depth.
    The Exchange notes that the Commission is not required to undertake
a cost-of-service or rate-making approach. The Exchange believes that,
even if it were possible as a matter of economic theory, cost-based
pricing for non-core market data would be so complicated that it could
not be done practically.\22\
---------------------------------------------------------------------------

    \22\ The Exchange believes that cost-based pricing would be
impractical because it would create enormous administrative burdens
for all parties, including the Commission, to cost-regulate a large
number of participants and standardize and analyze extraordinary
amounts of information, accounts, and reports. In addition, it is
impossible to regulate market data prices in isolation from prices
charged by markets for other services that are joint products. Cost-
based rate regulation would also lead to litigation and may distort
incentives, including those to minimize costs and to innovate,
leading to further waste. Under cost-based pricing, the Commission
would be burdened with determining a fair rate of return, and the
industry could experience frequent rate increases based on
escalating expense levels. Even in industries historically subject
to utility regulation, cost-based ratemaking has been discredited.
As such, the Exchange believes that cost-based ratemaking would be
inappropriate for proprietary market data and inconsistent with
Congress's direction that the Commission use its authority to foster
the development of the national market system, and that market
forces will continue to provide appropriate pricing discipline. See
Appendix C to NYSE's comments to the Commission's 2000 Concept
Release on the Regulation of Market Information Fees and Revenues,
which can be found on the Commission's Web site at http://www.sec.gov/rules/concept/s72899/buck1.htm. See also Securities
Exchange Act Release No. 73816 (December 11, 2014), 79 FR 75200
(December 17, 2014) (SR-NYSE-2014-64) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change to Establish an
Access Fee for the NYSE Best Quote and Trades Data Feed, Operative
December 1, 2014).

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

BZX Summary Depth
    Distribution Fee. The Exchange believes that the proposed
Distribution Fees are also reasonable, equitably allocated, and not
unreasonably discriminatory. The fees for Members and non-Members are
uniform except with respect to reasonable distinctions with respect to
internal and external distribution. The Exchange believes that the
Distribution Fees for BZX Summary Depth are reasonable and fair in
light of alternatives offered by other market centers. For example, BZX
Summary Depth provides investors with alternative market data and
competes with similar market data product currently offered by the New
York Stock Exchange, Inc. (``NYSE'') and the Nasdaq Stock Market LLC
(``Nasdaq'').\23\ Specifically, the NYSE charges an access fee of
$5,000 per month for NYSE OpenBook,\24\ which is equal to the External
Distribution fee proposed herein for BZX Summary Depth.
---------------------------------------------------------------------------

    \23\ See Nasdaq Rule 7023(a)(1)(C) (describing Nasdaq TotalView
is a depth-of-book data feed that includes all orders and quotes
from all Nasdaq members displayed in the Nasdaq Market Center as
well as the aggregate size of such orders and quotes at each price
level in the execution functionality of the Nasdaq Market Center).
See also Nasdaq Book Viewer, a description of which is available at
https://data.nasdaq.com/Book Viewer.aspx. See NYSE OpenBook
available at http://www.nyxdata.com/openbook (providing real-time
view of the NYSE limit order book).
    \24\ See NYSE Market Data Pricing dated November 2016 available
at http://www.nyxdata.com/. Nasdaq charges distribution fees ranging
from $375 for 1-39 subscribers to $75,000 for more than 250
subscribers. See Nasdaq Rule 7023(b)(4).
---------------------------------------------------------------------------

    User Fees. The Exchange believes that implementing the Professional
and Non-Professional User fees for BZX Summary Depth are equitable and
reasonable because they will result in greater availability to
Professional and Non-Professional Users. Moreover, introducing a modest
Non-Professional User fee for BZX Summary Depth is reasonable because
it provides an additional method for retail investors to access BZX
Summary Depth data by providing the same data that is available to
Professional Users. The Exchange believes that the proposed fees are
equitable and not unfairly discriminatory because they will be charged
uniformly to recipient firms and Users. The fee structure of
differentiated Professional and Non-Professional fees is utilized by
the Exchange for the Bats One Feed and has long been used by other
exchanges for their proprietary data products, and by the Nasdaq UTP
and the CTA and CQ Plans in order to reduce the price of data to retail
investors and make it more broadly available.\25\ Offering BZX Summary
Depth to Non-Professional Users with the same data available to
Professional Users results in greater equity among data recipients.
---------------------------------------------------------------------------

    \25\ See Securities Exchange Act Release Nos. 74285 (February
18, 2015), 80 FR 9828 (February 24, 2015) (SR-BATS-2015-11); 74283
(February 18, 2015), 80 FR 9809 (February 24, 2015) (SR-EDGA-2015-
09); 74282 (February 17, 2015), 80 FR 9487 (February 23, 2015) (SR-
EDGX-2015-09); and 74284 (February 18, 2015), 80 FR 9792 (February
24, 2015) (SR-BYX-2015-09) (``Initial BATS One Feed Fee Filings'').
See also, e.g., Securities Exchange Act Release No. 20002, File No.
S7-433 (July 22, 1983) (establishing nonprofessional fees for CTA
data); and Nasdaq Rules 7023(b), 7047.
---------------------------------------------------------------------------

    In addition, the proposed fees are reasonable when compared to
similar fees for comparable products offered by the NYSE and Nasdaq.
Specifically, NYSE offers NYSE OpenBook for a monthly fee of $60.00 per
professional subscriber and $15 per non-professional subscriber.\26\
Nasdaq offers Nasdaq TotalView-Aggregated for a monthly fee of $70.00
per professional subscriber and $14 per non-professional
subscriber.\27\ The Exchange's proposed per User Fees for BZX Summary
Depth are less than the NYSE and Nasdaq fees.
---------------------------------------------------------------------------

    \26\ See NYSE Market Data Pricing dated November 2016 available
at http://www.nyxdata.com/.
    \27\ See Nasdaq Rule 7023(b)(2).
---------------------------------------------------------------------------

    Enterprise Fee. The proposed Enterprise Fee for BZX Summary Depth
is equitable and reasonable as the fees proposed are less than the
enterprise fees currently charged for Nasdaq TotalView-Aggregated.
Nasdaq charges an enterprise fee of $100,000 per month for Nasdaq
TotalView-Aggregated,\28\ which is far greater than the proposed
Enterprise Fee of $30,000 per month for BZX Summary Depth. In addition,
the Enterprise Fee proposed by the Exchange could result in a fee
reduction for recipient firms with a large number of Professional and
Non-Professional Users. If a recipient firm has a smaller number of
Professional Users of BZX Summary Depth, then it may continue using the
per User structure and benefit from the per User Fee reductions. By
reducing prices for recipient firms with a large number of Professional
and Non-Professional Users, the Exchange believes that more firms may
choose to receive and to distribute BZX Summary Depth, thereby
expanding the distribution of this market data for the benefit of
investors.
---------------------------------------------------------------------------

    \28\ See Nasdaq Rule 7023(c)(2) (stating that a distributor that
is also a broker-dealer pays a monthly fee of $100,000 for the right
to provide Nasdaq TotalView and for display usage for internal
distribution, or for external distribution to both professional and
non-professional subscribers with whom the firm has a brokerage
relationship.) Nasdaq also charges an enterprise fee of $25,000 to
provide Nasdaq TotalView to an unlimited number of non-professional
subscribers only. See Nasdaq Rule 7023(c)(1).
---------------------------------------------------------------------------

    The Exchange further believes that the proposed Enterprise Fee is
reasonable because it will simplify reporting for certain recipients
that have large numbers of Professional and Non-Professional Users.
Firms that pay the proposed Enterprise Fee will not have to report the
number of Users on a monthly basis as they currently do, but rather
will only have to count natural person users every six months, which is
a significant reduction in administrative burden. Finally, the Exchange
believes that it is equitable and not unfairly discriminatory to
establish an Enterprise Fee because it reduces the Exchange's costs and
the Distributor's administrative burdens in tracking and auditing large
numbers of Users.
    Digital Media Enterprise Fee. The Exchange believes that the
proposed Digital Media Enterprise Fee for BZX Summary Depth provides
for an equitable allocation of reasonable fees among recipients of the
data and is not designed to permit unfair discrimination among
customers, brokers, or dealers. In establishing the Digital Media
Enterprise Fee, the Exchange recognizes that there is demand for a more
seamless and easier-to-administer data distribution model that takes
into account the expanded variety of media and communication devices
that investors utilize today. The Exchange believes the Digital Media
Enterprise Fee will be easy to administer because data recipients that
purchase it would not be required to differentiate between Professional
and Non-Professional Users, account for the extent of access to the
data, or report the number of Users. This is a significant reduction on
a recipient firm's administrative burdens and is a significant value to
investors. For example, a television broadcaster could display BZX
Summary Depth data during market-related programming and on its Web
site or allow viewers to view the data via their mobile devices,
creating a more seamless distribution

model that will allow investors more choice in how they receive and
view market data, all without having to account for and/or measure who
accesses the data and how often they do so.
    The proposed Digital Media Enterprise Fee is equitable and
reasonable because it will also enable recipient firms to more widely
distribute data from BZX Summary Depth to investors for informational
purposes at a lower cost than is available today. For example, a
recipient firm may purchase an Enterprise license in the amount of
$30,000 per month for to receive BZX Summary Depth from an External
Distributor for an unlimited number of Professional and Non-
Professional Users, which is greater than the proposed Digital Media
Enterprise Fee. The Exchange also believes the amount of the Digital
Media Enterprise Fee is reasonable as compared to the existing
enterprise fees discussed above because the distribution of BZX Summary
Depth data is limited to television, Web sites, and mobile devices for
informational purposes only, while distribution of BZX Summary Depth
data pursuant to an Enterprise license contains no such limitation. The
Exchange also believes that the proposed Digital Media Enterprise Fee
is equitable and reasonable because it is less than similar fees
charged by other exchanges.\29\
---------------------------------------------------------------------------

    \29\ Nasdaq offers proprietary data products for distribution
over the internet and television under alternative fee schedules
that are subject to maximum fee of $50,000 [sic] per month. See
Nasdaq Rule 7039(b). The NYSE charges a Digit Media Enterprise fee
of $40,000 per month for the NYSE Trade Digital Media product. See
Securities Exchange Act Release No. 69272 (April 2, 2013), 78 FR
20983 (April 8, 2013) (SR-NYSE-2013-23).
---------------------------------------------------------------------------

BZX Depth
    User Fees. The Exchange believes that implementing the Professional
and Non-Professional User fees for BZX Depth are equitable and
reasonable because they will result in greater availability to
Professional and Non-Professional Users. Moreover, introducing a modest
Non-Professional User fee for BZX Depth is reasonable because it
provides an additional method for retail investors to access BZX Depth
data by providing the same data that is available to Professional
Users. The Exchange believes that the proposed fees are equitable and
not unfairly discriminatory because they will be charged uniformly to
recipient firms and Users. The fee structure of differentiated
Professional and Non-Professional fees is utilized by the Exchange and
has long been used by other exchanges for their proprietary data
products, and by the Nasdaq UTP and the CTA and CQ Plans in order to
reduce the price of data to retail investors and make it more broadly
available.\30\ Offering BZX Depth to Non-Professional Users with the
same data available to Professional Users results in greater equity
among data recipients. The Exchange also believes it is equitable,
reasonable, and not unfairly discriminatory to charge User fees to
Internal Distributors, as such fees are currently charged by NYSE and
Nasdaq.\31\
---------------------------------------------------------------------------

    \30\ See supra note 24.
    \31\ See supra notes 24 and 25 (not limiting the application of
user fees to external distribution only).
---------------------------------------------------------------------------

    In addition, the proposed fees are reasonable when compared to
similar fees for comparable products offered by the NYSE and Nasdaq.
Specifically, NYSE offers NYSE OpenBook Ultra for a monthly fee of
$60.00 per professional subscriber and $15 per non-professional
subscriber.\32\ Nasdaq offers Nasdaq TotalView-ITCH for a monthly fee
of $70.00 per professional subscriber and $14 per non-professional
subscriber.\33\ The Exchange's proposed per User Fees for BZX Depth are
less than the NYSE and Nasdaq fees.
---------------------------------------------------------------------------

    \32\ See supra note 25.
    \33\ See supra note 26.
---------------------------------------------------------------------------

    Enterprise Fee. The proposed Enterprise Fee for BZX Depth is
equitable and reasonable as compared to the enterprise fees currently
charged for Nasdaq TotalView-ITCH. Nasdaq charges an enterprise fee of
$100,000 per month for Nasdaq TotalView-ITCH,\34\ which is equal to the
proposed Enterprise Fee of $100,000 per month for BZX Depth. In
addition, the Enterprise Fee proposed by the Exchange could result in a
fee reduction for recipient firms with a large number of Professional
and Non-Professional Users. If a recipient firm has a smaller number of
Professional Users of BZX Depth, then it may continue using the per
User structure and benefit from the per User Fee reductions. By
reducing prices for recipient firms with a large number of Professional
and Non-Professional Users, the Exchange believes that more firms may
choose to receive and to distribute BZX Depth, thereby expanding the
distribution of this market data for the benefit of investors.
---------------------------------------------------------------------------

    \34\ See supra note 27.
---------------------------------------------------------------------------

    The Exchange further believes that the proposed Enterprise Fee is
reasonable because it will simplify reporting for certain recipients
that have large numbers of Professional and Non-Professional Users.
Firms that pay the proposed Enterprise Fee will not have to report the
number of Users on a monthly basis as they currently do, but rather
will only have to count natural person users every six months, which is
a significant reduction in administrative burden. Finally, the Exchange
believes that it is equitable and not unfairly discriminatory to
establish an Enterprise Fee because it reduces the Exchange's costs and
the Distributor's administrative burdens in tracking and auditing large
numbers of Users.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
Exchange's ability to price BZX Depth and BZX Summary Depth is
constrained by: (i) competition among exchanges, other trading
platforms, and Trade Reporting Facilities (``TRF'') that compete with
each other in a variety of dimensions; (ii) the existence of
inexpensive real-time consolidated data and market-specific data and
free delayed data; and (iii) the inherent contestability of the market
for proprietary data.
    The Exchange and its market data products are subject to
significant competitive forces and the proposed fees represent
responses to that competition. To start, the Exchange competes
intensely for order flow. It competes with the other national
securities exchanges that currently trade equities, with electronic
communication networks, with quotes posted in FINRA's Alternative
Display Facility, with alternative trading systems, and with securities
firms that primarily trade as principal with their customer order flow.
    In addition, BZX Summary Depth and BZX Depth compete with a number
of alternative products. For instance, BZX Summary Depth and BZX Depth
do provide a complete picture of all trading activity in a security.
Rather, the other national securities exchanges, the several TRFs of
FINRA, and Electronic Communication Networks (``ECN'') that produce
proprietary data all produce trades and trade reports. Each is
currently permitted to produce last sale information products, and many
currently do, including Nasdaq and NYSE. In addition, market
participants can gain access to BZX last sale and depth-of-book
quotations, though integrated with the prices of other markets, on
feeds made available through the SIPs.

    In sum, the availability of a variety of alternative sources of
information imposes significant competitive pressures on Exchange data
products and the Exchange's compelling need to attract order flow
imposes significant competitive pressure on the Exchange to act
equitably, fairly, and reasonably in setting the proposed data product
fees. The proposed data product fees are, in part, responses to that
pressure. The Exchange believes that the proposed fees would reflect an
equitable allocation of its overall costs to users of its facilities.
    In addition, when establishing the proposed fees, the Exchange
considered the competitiveness of the market for proprietary data and
all of the implications of that competition. The Exchange believes that
it has considered all relevant factors and has not considered
irrelevant factors in order to establish fair, reasonable, and not
unreasonably discriminatory fees and an equitable allocation of fees
among all Users. The existence of alternatives to BZX Depth and BZX
Summary Depth, including existing similar feeds by other exchanges,
consolidated data, and proprietary data from other sources, ensures
that the Exchange cannot set unreasonable fees, or fees that are
unreasonably discriminatory, when vendors and subscribers can elect
these alternatives or choose not to purchase a specific proprietary
data product if its cost to purchase is not justified by the returns
any particular vendor or subscriber would achieve through the purchase.
    Lastly, the Exchange represents that the increase in pricing of BZX
Depth and the proposed pricing of the BZX Summary Feed would continue
to enable a competing vendor to create a competing product to the
Exchange's Bats One Feed on the same price and latency basis as the
Exchange. The Bats One Feed is a data feed that disseminates, on a
real-time basis, the aggregate BBO of all displayed orders for
securities traded on each of the Bats Exchanges and for the Bats
Exchanges report quotes under the CTA Plan or the Nasdaq/UTP Plan. The
Bats One Feed also contains the individual last sale information for
the Bats Exchanges (collectively with the aggregate BBO, the ``Bats One
Summary Feed''). In addition, the Bats One Feed contains optional
functionality which enables recipients to receive aggregated two-sided
quotations from the Bats Exchanges for up to five (5) price levels
(``Bats One Premium Feed'').\35\ The Exchange uses the following data
feeds to create the Bats One Feed, each of which are available to
vendors: EDGX Depth, EDGA Depth, BYX Depth, and the BZX Depth.
---------------------------------------------------------------------------

    \35\ See Exchange Rule 11.22(i). See also Securities Exchange
Act Release No. 73918 (December 23, 2014), 79 FR 78920 (December 31,
2014) (File Nos. SR-EDGX-2014-25; SR-EDGA-2014-25; SR-BATS-2014-055;
SR-BYX-2014-030) (Notice of Amendments No. 2 and Order Granting
Accelerated Approval to Proposed Rule Changes, as Modified by
Amendments Nos. 1 and 2, to Establish a New Market Data Product
called the Bats One Feed) (``Bats One Approval Order'').
---------------------------------------------------------------------------

    When adopting the Bats One Feed, the Exchange represented that a
vendor could create a competing product based in the data feed used to
construct the Bats One Feed on the same cost and latency basis as the
Exchange.\36\ Therefore, the Exchange designed the pricing of these
products so that their aggregate cost is not greater than the Bats One
Feed, thereby enabling a vendor to create a competing product to the
Bats One Feed on the same cost basis as the Exchange. However, the
Exchange now proposes to increase the cost of BZX Depth, which when
combined with the proposed increases by its affiliates for their depth
products, would cause their aggregate cost to be higher than the Bats
One Premium Feed.\37\ However, to ensure that a vendor could continue
to create a competing product to the Bats One Premium Feed at no
greater cost, that vendor could now utilize BZX Summary Depth, as well
as the Summary Depth feeds of BYX, EDGA, and EDGX to create a competing
product to the Bats One Premium Feed for less cost and on the same
latency basis as the Exchange.\38\ The Exchange has designed the
content and pricing of BZX Summary Depth, and related products by its
affiliates, so that a vendor could utilize those feeds, in lieu of the
Bats Exchange's existing depth-of-book products, to construct a
competing product on the same cost and latency basis as the Exchange.
The pricing the Exchange and its affiliates propose to charge for
Summary Depth feeds would be lower than the cost to obtain the Bats One
Premium Feed.\39\ Such pricing would continue to enable a vendor to
receive each of the Bats Exchange's Summary Depth feeds and offer a
similar product to the Bats One Premium Feed on a competitive basis and
at no greater cost than the Exchange.
---------------------------------------------------------------------------

    \36\ Id.
    \37\ The Exchange notes that a vendor seeking to create a
product to compete with the Bats One Summary Feed may continue to
utilize each of the Bats Exchange's Top and Last Sale data feeds,
the aggregate cost of which is less than the Bats One Summary Feed.
    \38\ While the proposed BZX Summary Depth feed does not contain
the symbol summary or consolidated volume data included in the Bats
One Feed, a vendor could include this information in a competing
product as this information is easily derivable from the proposed
feeds or can be obtained from the securities information processors
on the same terms as the Exchange.
    \39\ While the aggregate cost of each of the Bats Exchange's
Summary Depth Products equals the cost of the Bats One Premium Feed,
the cost of the Bats One Feed continues to be greater because
subscribers are required to pay an additional $1,000 aggregation
fee. See the Exchange's fee schedule available at http://www.bats.com/us/equities/membership/fee_schedule/bzx/.
---------------------------------------------------------------------------

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \40\ and paragraph (f) of Rule 19b-4
thereunder.\41\ 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.
---------------------------------------------------------------------------

    \40\ 15 U.S.C. 78s(b)(3)(A).
    \41\ 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-BatsBZX-2016-87 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBZX-2016-87. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use

only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsBZX-2016-87 and should
be submitted on or before January 18, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\42\
---------------------------------------------------------------------------

    \42\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-31298 Filed 12-27-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Rules and Regulations]
[Page 16774]
[FR Doc No: 2018-07959]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0326]

Drawbridge Operation Regulation; Willamette River at Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs three Multnomah County bridges:
Broadway Bridge, mile 11.7, Morrison Bridge, mile 12.8, and Hawthorne
Bridge, mile 13.1 crossing the Willamette River at Portland, OR. This
deviation is necessary to accommodate the annual Cinco de Mayo half
marathon event. The deviation allows the bridges to remain in the
closed-to-navigation position.

DATES: This deviation is effective from 8 a.m. to 9:15 a.m. on May 6,
2018.

ADDRESSES: The docket for this deviation, USCG-2018-0326 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION: Multnomah County, the bridge owner, has
requested a temporary deviation from the operating schedule for the
Broadway Bridge, mile 11.7, Morrison Bridge, mile 12.8, and Hawthorne
Bridge, mile 13.1, all three crossing the Willamette River at Portland,
OR. The requested deviation is to accommodate the annual Cinco de Mayo
half marathon event. The vertical clearances for theses bridges in the
closed-to-navigation position are: Broadway Bridge provides 69 feet,
Morrison Bridge provides 69 feet and Hawthorne Bridge provides 49 feet;
all clearances are referenced to the vertical clearance above Columbia
River Datum 0.0. The normal operating schedule for these bridges is 33
CFR 117.897. This deviation allows the Broadway Bridge, Morrison
Bridge, and the Hawthorne Bridge to remain in the closed-to-navigation
position, and need not open for maritime traffic from 8 a.m. to 9:15
a.m. on May 6, 2018.
    Waterway usage on this part of the Willamette River includes
vessels ranging from commercial tug and barge to small pleasure craft.
Vessels able to pass through the subject bridges in the closed-to-
navigation position may do so at any time. The bridges will be able to
open for emergencies, and there is no immediate alternate route for
vessels to pass. The Coast Guard will inform the users of the waterway,
through our Local and Broadcast Notices to Mariners, of the change in
operating schedule for the bridges so that vessels can arrange their
transits to minimize any impact caused by the temporary deviation. In
accordance with 33 CFR 117.35(e), the drawbridges must return to their
regular operating schedules immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 10, 2018.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2018-07959 Filed 4-16-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Page 64979]
[FR Doc No: 2012-26176]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-29-000]

BITH Solar 1, 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
BITH Solar 1, 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 November 7, 2012.
    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 email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 18, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-26176 Filed 10-23-12; 8:45 am]
BILLING CODE 6717-01-P