[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Pages 75080-75081]
[FR Doc No: 2015-30394]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14518-001]

New England Hydropower Company, LLC; Notice of Surrender of
Preliminary Permit

    Take notice that New England Hydropower Company, LLC, permittee for
the proposed Lensdale Pond Dam Hydroelectric Project, has requested
that its preliminary permit be terminated. The permit was issued on
July 25, 2013, and would have expired on June 30,

2016.\1\ The project would have been located on the Quinebaug River in
the town of Southbridge, Worcester County, Massachusetts.
---------------------------------------------------------------------------

    \1\ 144 FERC ] 62,066 (2013).
---------------------------------------------------------------------------

    The preliminary permit for Project No. 14518 will remain in effect
until the close of business, December 18, 2015. But, if the Commission
is closed on this day, then the permit remains in effect until the
close of business on the next day in which the Commission is open.\2\
New applications for this site may not be submitted until after the
permit surrender is effective.
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    \2\ 18 CFR 385.2007(a)(2) (2015).

    Dated: November 18, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-30394 Filed 11-30-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Notices]
[Page 557]
[FR Doc No: 2020-29288]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3551-EM; Docket ID FEMA-2020-0001]

Florida; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of Florida (FEMA-3551-EM), dated November 11,
2020, and related determinations.

DATES: The declaration was issued November 11, 2020.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated November 11, 2020, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the emergency conditions in certain areas
of the State of Florida resulting from Hurricane Eta beginning on
November 7, 2020, and continuing, are of sufficient severity and
magnitude to warrant an emergency declaration under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (``the Stafford Act''). Therefore, I declare that such
an emergency exists in the State of Florida.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for emergency protective measures
(Category B), limited to direct Federal assistance and reimbursement
for mass care including evacuation and shelter support.
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. In order to provide Federal assistance, you are
hereby authorized to allocate from funds available for these
purposes such amounts as you find necessary for Federal emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Jeffrey L. Coleman, of FEMA is
appointed to act as the Federal Coordinating Officer for this declared
emergency.
    The following areas of the State of Florida have been designated as
adversely affected by this declared emergency:

    Alachua, Citrus, Dixie, Gilchrist, Hernando, Hillsborough, Levy,
Manatee, Marion, Pasco, Pinellas, Sarasota, and Sumter Counties for
emergency protective measures (Category B), limited to direct
Federal assistance and reimbursement for mass care including
evacuation and shelter support.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-29288 Filed 1-5-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Notices]
[Page 11803]
[FR Doc No: 2022-04408]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2021-0361]

Agency Information Collection Activities: Requests for Comments;
Clearance of a New Approval of Information Collection: Inspection
Authorization Refresher Course Acceptance Form

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval for a new information collection.
The Federal Register Notice with a 60-day comment period soliciting
comments on the following collection of information was published on
April 29, 2021. The collection is from persons or entities that desire
to provide Inspection Authorization (IA) refresher courses for the
purpose of IA renewal. The course providers complete FAA Form 8610-6 to
substantiate their courses and administrative procedures are acceptable
to the FAA Administrator.

DATES: Written comments should be submitted by April 1, 2022.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
[email protected], or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Robert Warren, by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-NEW.
    Title: Inspection Authorization Refresher Course Acceptance Form.
    Form Numbers: FAA Form 8610-6.
    Type of Review: A new information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on April 29, 2021 (86 FR 22758). No comments were
received. Successful completion of a refresher course acceptable to the
Administrator is one method available for mechanics renewing their
Inspection Authorization in accordance with 14 CFR 65.93. The
information requested by the form enables the FAA to determine if the
IA refresher course providers offer course content that meets the
intent of the regulation, 14 CFR part 65.93(a)(4). The form also seeks
substantiation of the course provider's administrative processes to
ensure recordkeeping of the training provided to IA mechanics that have
taken their courses. Though no comments were received, the number of
estimated respondents used in the burden estimates has been reduced due
to a decrease of course providers and accepted courses, since the 60
day Federal Register Notice published.
    Respondents: Persons or entities who apply for or have received
FAA-acceptance of courses to conduct IA refresher training.
    Frequency: Course acceptance is required initially, and must be
renewed every 4 years. On occasion, course providers must request
acceptance when substantial course revisions are made. Course provider
record keeping is a function of the number of courses taken by IA
mechanics.
    Estimated Average Burden per Response: 1 hours reporting, 0.1 hours
recordkeeping.
    Estimated Total Annual Burden: 6,860 hours.

    Issued in Washington, DC, on February 25, 2022.
Tanya Glines,
Aviation Safety Inspector, Office of Safety Standards, Aircraft
Maintenance Division, Airmen Section.
[FR Doc. 2022-04408 Filed 3-1-22; 8:45 am]
BILLING CODE 4910-13-P


        AGENDA
U.S. EPA FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT                              SCIENTIFIC ADVISORY PANEL (FIFRA SAP)
                                   PUBLIC MEETING
                                NOVEMBER 19-22, 2019

                  FIFRA SAP WEB SITE: https://www.epa.gov/sap
                DOCKET ID NUMBER: EPA - HQ - OPP - 2019 - 0417
MEETING LOCATION: HOLIDAY INN ROSSLYN AT KEY BRIDGE,                                  1900 NORTH FORT MYER DRIVE, ARLINGTON, VIRGINIA 22209

Title:  Peer Review for the Approaches for Quantitative Use of Surface Water Monitoring Data in Pesticide Drinking Water Assessments

          [Please note that all times are approximate as noted at the
     end of the Agenda. Agency speakers may change based on availability.]
                                         Day 1
                             Tuesday, November 19, 2019
                                        Day 1
                             Tuesday, November 19, 2019

                    9:00 A.M. 	Opening of Meeting  -  Tamue Gibson, M.S., Designated Federal Official, Office of Science Coordination and Policy, EPA

  9:10 A.M. 		Introduction and Identification of Panel Members  -  Robert E. Chapin,
            Ph.D., FIFRA SAP Chair, EPA

  9:20 A.M.		Introduction and Welcome - EPA OPPT Immediate Office

  9:30 A.M. 	OPP Technical Presentation  -  Overview of the Approaches for Quantitative Use of Surface Water Monitoring Data in Drinking Water Assessments - Marietta Echeverria, M.S., Director, OCSPP/OPP/EFED and Dana Spatz, M.S., Branch Chief, OCSPP/OPP/EFED/ERB3

  9:40 A.M.		Framework for Conducting Pesticide Drinking Water Assessments
            for Surface Water  -  Rochelle Bohaty, Ph.D., Senior Chemist,
            OCSPP/OPP/EFED/ERB3

  9:55 A.M.		Surface Water Pesticide Occurrence Data and Approaches to
            Analyzing and Interpreting Monitoring Data  -  Rochelle Bohaty,
            Ph.D., Senior Chemist, OCSPP/OPP/EFED

10:10 A.M.		Evaluation of SEAWAVE-QEX as an Imputation Technique for
            Estimating Daily Pesticide Concentrations from Pesticide
            Monitoring Data Part 1  -  Sarah Hafner, Ph.D., Chemist, OCSPP/OPP
            EFED; Rochelle Bohaty, Ph.D., Senior Chemist, OCSPP/OPP/EFED;
            Aldo Vecchia, Ph.D., Statistician Emeritus, U.S. Geological Survey;
            Matthew Bischof, Ph.D., Natural Resource Scientist, Washington State
            Department of Agriculture

10:40 A.M.		BREAK

11:00 A.M.		Evaluation of SEAWAVE-QEX as an Imputation Technique for
            Estimating Daily Pesticide Concentrations from Pesticide
            Monitoring Data Part 2  -  Matthew Bischof, Ph.D., Natural Resource
            Scientist, Washington State Dept. of Agriculture; Rochelle Bohaty,
            Ph.D., Senior Chemist, OCSPP/OPP/EFED; Sarah Hafner, Ph.D.,
            Chemist, OCSPP/OPP/EFED; Aldo Vecchia, Ph.D., Statistician
            Emeritus, U.S. Geological Survey

11:30 A.M.		Development and Evaluation of a Sampling Bias Factor Program
                  Part 1: Short-term  -  Charles Peck, M.S., Senior Environmental Engineer, OCSPP/OPP/EFED; Rochelle Bohaty, Ph.D., Senior Chemist, OCSPP/OPP/EFED

12:00 P.M. 		Development and Evaluation of a Sampling Bias Factor Program
            Part 2: Long-term  -  Charles Peck, M.S., Senior Environmental
            Engineer, OCSPP/OPP/EFED; Rochelle Bohaty, Ph.D., Senior Chemist,
            OCSPP/OPP/EFED

12:30 P.M. 	Lunch

1:30 P.M.		Watershed Extrapolation Approach and Results  -  Christine Hartless,
            Ph.D., Biologist, OCSPP/OPP/EFED; James Hook, M.S., Ecologist,
            OCSPP/OPP/EFED

2:30 P.M.		Drinking Water Assessment Case Study  -  A Pesticide with Acute
             Exposure Considerations  -  Katrina White, Ph.D., Senior Biologist,
             OCSPP/OPP/EFED

3:10 P.M.		Drinking Water Assessment Case Study  -  A Pesticide with Long
            Term Exposure Considerations  -  Jessica Joyce, M.S., Physical
            Scientist, OCSPP/OPP/EFED; Charles Peck, M.S., Senior
            Environmental Engineer, OCSPP/OPP/EFED/ERB6

3:50 P.M. 		BREAK

4:00 P.M.	Public Comments

5:00 P.M.	Adjourn

                                        Day 2
                            Wednesday, November 20, 2019
                                       Day 2
                            Wednesday, November 20, 2019

                    9:00 A.M. 	Opening of Meeting  -  Tamue Gibson, M.S., Designated Federal Official, Office of Science Coordination and Policy, EPA

  9:05 A.M. 	Panel Members: Follow-up from the Previous Day  -  Robert E. Chapin, Ph.D., FIFRA SAP Chair
  9:15 A.M. 		Charge to the Panel: Charge Question 1
11:30 A.M.		Lunch
12:30 P.M. 		Charge to the Panel: Charge Question 1 (Continued)
  1:00 P.M. 		Charge to the Panel: Charge Question 2
  2:00 P.M. 		Break
  2:15 P.M. 		Charge Question 2 (Continued)
  3:30 P.M.		Break
  3:45 P.M.		Charge to the Panel: Charge Question 3
  5:00 P.M.		Adjourn

                                              Day 3
                             Thursday, November 21, 2019
                                     Day 3
                             Thursday, November 21, 2019

                    9:00 A.M. 	Opening of Meeting  -  Tamue Gibson, M.S., Designated Federal Official, Office of Science Coordination and Policy, EPA

  9:10 A.M. 	Panel Members: Follow-up from the Previous Day  -  Robert E. Chapin, Ph.D., FIFRA SAP Chair

  9:20 A.M.		Charge to the Panel: Charge Question 4
11:00 A.M. 	Closing Remarks  -  Robert E. Chapin, Ph.D., FIFRA SAP Chair
12:10 P.M. 		Adjourn

Please be advised that agenda times are approximate; when the discussion for one topic is completed, discussions for the next topic will begin. For further information, please contact the Designated Federal Official for this meeting, Tamue Gibson, M.S., via telephone:<PHONE_NUMBER>; or email<EMAIL_ADDRESS>


[Federal Register: March 25, 2010 (Volume 75, Number 57)]
[Notices]
[Page 14481]
[DOCID:fr25mr10-107]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0005-N-4]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Requirements (ICRs) abstracted below have been forwarded to
the Office of Management and Budget (OMB) for review and comment. The
ICRs describe the nature of the information collection and its expected
burden. The Federal Register notice with a 60-day comment period
soliciting comments on the following collections of information was
published on January 20, 2010 (75 FR 3275).

DATES: Comments must be submitted on or before April 26, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Ave., SE., Mail Stop 17, Washington, DC 20590 (telephone:
(202) 493-6292) or Ms. Kimberly Toone, Office of Information
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey
Ave., SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-
6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, section 2, 109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR Part
1320, require Federal agencies to issue two notices seeking public
comment on information collection activities before OMB may approve
paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1),
1320.12. On January 20, 2010, FRA published a 60-day notice in the
Federal Register soliciting comment on ICRs that the agency was seeking
OMB approval. See 75 FR 3275. FRA received no comments after issuing
this notice. Accordingly, DOT announces that these information
collection activities have been re-evaluated and certified under 5 CFR.
1320.5(a) and forwarded to OMB for review and approval pursuant to 5
CFR 1320.12(c).
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30-day
notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30-day notice
informs the regulated community to file relevant comments and affords
the agency adequate time to digest public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should
submit their respective comments to OMB within 30 days of publication
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
    The summaries below describe the nature of the information
collection requirements (ICRs) and the expected burden. The unchanged
requirements are being submitted for clearance by OMB as required by
the PRA.
    Title: Control of Alcohol and Drug Use in Railroad Operations.
    OMB Control Number: 2130-0526.
    Type of Request: Extension without change of a currently approved
collection.
    Affected Public: Railroads.
    Form(s): FRA F 6180.73; 6180.74.
    Abstract: The information collection requirements contained in pre-
employment and ``for cause'' testing regulations are intended to ensure
a sense of fairness and accuracy for railroads and their employees. The
principal information--evidence of unauthorized alcohol or drug use--is
used to prevent accidents by screening personnel who perform safety-
sensitive service. FRA uses the information to measure the level of
compliance with regulations governing the use of alcohol or controlled
substances. Elimination of this problem is necessary to prevent
accidents, injuries, and fatalities of the nature already experienced
and further reduce the risk of a truly catastrophic accident.
    Annual Estimated Burden Hours: 31,797 hours.
    Addressee: Send comments regarding this information collection to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 Seventeenth Street, NW., Washington, DC, 20503,
Attention: FRA Desk Officer.
    Comments are invited on the following: Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; the accuracy of the Department's estimate of
the burden of the proposed information collection; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information on
respondents, including the use of automated collection techniques or
other forms of information technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.

    Authority:  44 U.S.C. 3501-3520.

    Issued in Washington, DC, on March 22, 2010 .
Kimberly Coronel,
Director, Office of Financial Management, Federal Railroad
Administration.
[FR Doc. 2010-6660 Filed 3-24-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27694-27697]
[FR Doc No: 2011-11624]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64429; File No. SR-BYX-2011-008]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Y-Exchange, Inc.

May 6, 2011.
    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 April 29, 2011, 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
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.
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    \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).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the fee schedule applicable to
Members \5\ of the Exchange pursuant to BYX Rules 15.1(a) and (c).
While changes to the fee schedule pursuant to this proposal will be
effective upon filing, the changes will become operative on May 2,
2011.
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    \5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------

    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 proposes to modify its fee schedule applicable to use
of the Exchange effective May 2, 2011, in order to amend its pricing to
add displayed liquidity. The Exchange currently maintains a tiered
pricing structure applicable to added displayed liquidity in securities
priced $1.00 and above, under which any Member adding a daily average
of 10 million shares or more of liquidity (including displayed and non-
displayed liquidity) during a month is able to add displayed liquidity
without charge, while any Member adding a daily average of less than 10
million shares of liquidity during a month is charged $0.0002 per
share. The Exchange proposes to replace its existing tiered pricing
structure with a structure that allows Members to add liquidity free of
charge to the extent such liquidity sets the national best bid or offer
(the ``NBBO Setter Program'') so long as the Member submitting the
order achieves the applicable average daily volume (``ADV'')
requirement, as described below.
    An order that is entered at the most aggressive price both on the
BYX order book and according to then-current consolidated data from the
applicable securities industry processor (``SIP'') will be determined
to have set the national best bid or offer for purposes of the NBBO
Setter Program without regard to whether a more aggressive order is
entered prior to the original order being executed. The Exchange's
affiliate, BATS Exchange, Inc., has adopted similar pricing for its
options platform (``BATS Options'').\6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 63632 (January 3,
2011), 76 FR 1205 (January 7, 2011) (SR-BATS-2010-038) (adopting an
NBBO Setter Rebate for BATS Options); see also Securities Exchange
Act Release No. 64211 (April 6, 2011), 76 FR 20414 (April 12, 2011)
(SR-BATS-2011-012) (modifying the NBBO Setter Program for BATS
Options to include a volume requirement based on TCV).
---------------------------------------------------------------------------

    In conjunction with the adoption of the NBBO Setter Program, the
Exchange proposes to modify the volume requirement of the tiered
pricing structure from an ADV requirement of at least 10 million shares
added per day in a given month to an ADV requirement of at least 0.1%
of the total consolidated volume (``TCV'') during the month.
Accordingly, rather than basing its pricing structure on a static
number of shares, the Exchange proposes to modify its tiered pricing
structure such that it is based on TCV, and is thus variable based on
overall volumes in the securities industry. To illustrate the
Exchange's application of TCV, if the overall volume of securities
traded as reported by all exchanges and trade reporting facilities is
100 billion shares in a given month, this amount will be used as the
TCV against which the Exchange's tiered pricing will be measured for
all trading activity during the month. The amount of overall TCV in the
month will be divided by the number of trading days to determine
average TCV; for instance, 100 billion shares divided by 20 trading
days is an average TCV of 5 billion shares per day. Using these volumes
as an example, to reach the Exchange's proposed tier of 0.10% of
average TCV, and thus qualify for the NBBO Setter Program, a Member
would need to have an ADV of at least 5 million shares traded on BYX
per day. If, in the next month, volumes doubled, and the TCV for the
month was 200 billion shares, then a Member would need to have an ADV
of at least 10 million shares traded on BYX per day to have an ADV
equal to 0.10% of average TCV. The Exchange believes that basing its
tiered pricing on TCV rather than a specific number of shares is a
preferable measure of overall activity given the fluctuation of volumes
in the securities industry. Further, subject to increased volumes in
the securities industry, a volume requirement of 0.10% of average TCV
is likely less than 10 million shares per day, and is thus a reduction
from the Exchange's current volume requirement for tiered pricing.
    In addition, the Exchange proposes to adopt definitions for both
ADV and TCV. For purposes of the fee schedule, the proposed definition
of ADV is average daily volume calculated as the number of shares added
or removed, combined, per day on a monthly basis. The Exchange
currently applies its tiered pricing structure based on added shares
only. Accordingly, in addition to 0.10% of TCV likely being a lower
requirement than 10 million shares per day (absent a significant
increase in volumes) the proposed tiered rates will also be easier to
achieve because all shares traded, added and removed, will be included
in the calculation of ADV. The Exchange proposes to make clear in the
definition of ADV that routed contracts are not included in the
Exchange's calculation of ADV, but rather, only volume executed on the
Exchange counts towards a Member's ADV. The Exchange also proposes to
allow affiliated entities to aggregate their order flow for purposes of
the Exchange's determination of ADV with respect to pricing tiers if
such entities provide prior notice to the Exchange. Specifically, to
the extent two or more affiliated companies maintain separate
memberships with the Exchange and can demonstrate their affiliation by
showing they control, are controlled by, or are under common control
with each other, the Exchange will permit such Members to count overall
volume of the affiliates in calculating ADV. The Exchange will verify
such affiliate using a Member's Form BD, which lists control
affiliates.
    As proposed, TCV is defined as total consolidated volume calculated
as the volume reported by all exchanges and trade reporting facilities
to a consolidated transaction reporting plan for the month for which
the fees apply.

2. Statutory Basis
    The Exchange believes that the proposed rule change 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 of the Act.\7\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\8\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. The Exchange believes that its fees
and credits are competitive with those charged by other venues.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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    The establishment of the NBBO Setter Program may result in a small
increase in fees for Members currently reaching the Exchange's 10
million share ADV tier who are able to add displayed liquidity without
a fee. Although such Members (and likely several Members not currently
reaching such tier) will likely meet the volume requirement of the NBBO
Setter Program, as proposed, only those executions that were the result
of such a Member adding liquidity and that set the NBBO will be added
without fee. Nonetheless, the Exchange's standard displayed liquidity
adding fee of $0.0002 per share still remains lower than other markets
that impose a fee to add liquidity, such as EDGA Exchange ($0.00025
charge per share) and NASDAQ OMX BX ($0.0014 charge per share).
Additionally, the Exchange believes that the NBBO Setter Program will
incentivize the entry of more aggressive orders that will create
tighter spreads, benefitting both Members and public investors. Also,
to the extent the proposed changes will result in increased fees
charged to Members, the Exchange believes that any additional revenue
it receives will allow the Exchange to devote additional capital to its
operations and to continue to offer competitive pricing, which, in
turn, will benefit Members of the Exchange.
    The Exchange believes that the new tier rate based on TCV
represents a fair and equitable allocation of reasonable dues, fees,
and other charges as it is aimed at incentivizing liquidity for high
volume providers, which results in increased volume on BYX. By
combining this volume tier with the NBBO Setter program, the Exchange
is incentivizing aggressively priced liquidity from such liquidity
providers. The increased, aggressively priced liquidity benefits all
investors by deepening BYX's liquidity pool, supporting the quality of
price discovery, promoting market transparency and improving investor
protection. Volume-based discounts such as the liquidity adding fee
tier maintained by the Exchange have been widely adopted by numerous
exchanges, and are equitable and not unreasonably discriminatory
because they are open to all members on an equal basis and provide
discounts that are reasonably related to the value to an exchange's
market quality associated with higher levels of market activity, such
as higher levels of liquidity provision and introduction of higher
volumes of orders into the price and volume discovery process.
Accordingly, the Exchange believes that the proposal is not
unreasonably discriminatory because it is consistent with the overall
goals of enhancing market quality. Additionally, the Exchange believes
that the adoption of a definition for TCV will help to avoid potential
confusion regarding the Exchange's fee schedule.
    The proposed language permitting aggregation of volume amongst
corporate affiliates for purposes of the ADV calculation is intended to
avoid disparate treatment of firms that have divided their various
business activities between separate corporate entities as compared to
firms that operate those business activities within a single corporate
entity. By way of example, many firms that are Members of the Exchange
operate both a market making desk and a public customer business within
the same corporate entity. In contrast, other firms may be part of a
corporate structure that separates those business lines into different
corporate affiliates, either for business, compliance or historical
reasons. Those corporate affiliates, in turn, are required to maintain
separate memberships with the Exchange in order to access the Exchange.
Absent the proposed policy, such corporate affiliates would not receive
the same treatment as firms operating similar business lines within a
single entity that is a Member of the Exchange. Accordingly, the
Exchange believes that its proposed policy is fair and equitable, and
not unreasonably discriminatory. In addition to ensuring fair and equal
treatment of its Members, the Exchange does not want to create
incentives for its Members to restructure their business operations or
compliance functions simply due to the Exchange's pricing structure.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    No written comments were solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act \9\ and Rule 19b-
4(f)(2) thereunder,\10\ the Exchange has designated this proposal as
establishing or changing a due, fee, or other charge applicable to the
Exchange's Members and non-members, which renders the proposed rule
change effective upon filing.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-BYX-2011-008 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 No. SR-BYX-2011-008. This file
number

should be included on the subject line if e-mail is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for 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 a.m. and 3
p.m. Copies of such filing will also be available for inspection and
copying at the principal office of the Exchange. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. SR-BYX-2011-008 and should be submitted on or
before June 2, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-11624 Filed 5-11-11; 8:45 am]
BILLING CODE 8011-01-P