                 PUBLIC PARTICIPATION RESPONSIVENESS SUMMARY
                                      FOR
                         567 IOWA ADMINISTRATIVE CODE
                            CHAPTERS 20, 21, and 22

Rule making Summary and Rationale
The rule changes will require electronic submittal of all air emissions reporting, air permit applications, and other air quality documents with a proposed implementation date of January 1, 2023.

Electronic submittals will increase government efficiencies and reduce programmatic costs at the Department of Natural Resources (Department). Electronic submittal makes permit application submittal and emissions reporting easier and more efficient, and allows businesses to submit their information from any location at any time. This expedites the Department's ability to issue permits and increases data accuracy, thereby cutting costs for both businesses and the Department.

Notice of Intended Action was published in the Iowa Administrative Bulletin on January 12, 2022, as ARC 6144CC. A public hearing was held on February 14, 2022, at 1 p.m. via video/conference call. No one attended the public hearing.

The Department received one written comment prior to the February 14, 2022, deadline for public comments

Public Comment
Submitted by e-mail from Mae Thomas, Bayer U.S.  -  Crop Science, Muscatine, Iowa:

"Bayer Crop Science LP (Bayer) has no objections or concerns with the proposed rule changes requiring electronic submissions of air quality documents, including air emissions reporting and air permit applications. However, we would like to make one comment. Bayer would like to suggest that DNR also revise 567 IAC Chapter 20 and/or 25 in order to allow stack test reports and notifications to be made using email, FTP, or other electronic submittal system. Currently stack test reports are required to be hardcopy reports. Having these reports in electronic form will enhance the ease of submittal, handling, and storing, as well as review of these reports. It will also save the Department the time and resources needed to scan these reports into an electronic form; and save facilities the time and resources to produce hardcopies. It is possible that this change could effectively be made by adding a definition in Chapter 20 for the term "in writing" and defining the term as a notification or report that can be submitted to the Department via FTP, email, other electronic form, or a hardcopy delivered to the Department.

Thank you for the opportunity to comment on the proposed rule and for your consideration of our comment."

Department Response
The Department reviews all stack test reports by recreating calculations to ensure stack test results submitted are complete and accurate. Stack test reports are large documents that require gathering information from several data sections throughout the stack test report, time and time again. Reviewing stack test reports electronically would add significant time and effort to the DNR review process.

Recommended Action
In response to this comment, the Department recommends no changes to the final rules from what was proposed in the Notice of Intended Action.


[Federal Register: October 17, 2008 (Volume 73, Number 202)]
[Notices]
[Page 61852]
[DOCID:fr17oc08-73]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2210-175-VA]

Appalachian Power Company; Notice of Availability of
Environmental Assessment

October 10, 2008.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's regulations, 18 CFR part
380 (Order No. 486, 52 FR 47879), the Office of Energy Projects has
reviewed Appalachian Power Company's proposed water withdraw for the
Smith Mountain Hydroelectric Project, located on the Roanoke River in
Bedford, Campbell, Franklin, and Pittsylvania Counties, Virginia and
has prepared an Environmental Assessment (EA).
    On May 27, 2008 Appalachian Power Company (licensee), filed an
application with the Federal Energy Regulatory Commission (Commission)
for non-project use of project lands and waters. The EA contains the
staff's analysis of the potential environmental effects of the proposed
project and concludes that approval of the Proposed Action, with
appropriate environmental protective measures, would not constitute a
major federal action that would significantly affect the quality of the
human environment.
    Copies of the EA are available for review in Public Reference Room
2-A of the Commission's offices at 888 First Street, NE., Washington,
DC. The EA may also be viewed on the Commission's Web site at http://
www.ferc.gov using the ``eLibrary'' link. Enter the docket number (P-
2210) excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,
(202) 502-8659.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-24658 Filed 10-16-08; 8:45 am]

BILLING CODE 6717-01-P


April 21, 2004 MEMORANDUM SUBJECT: Phone calls discussing possible downstream downgrade provisions in the nonroad final rule FROM: Paul Machiele, Fuel Programs Center Director Office of Transportation and Air Quality TO: Environmental Protection Agency ( EPA), Air Docket A 2001 28 Phone conversations were held on March 26, 2004 to discuss the possibility and implications of a provision to allow downgraded fuel generated from contamination and mixing in the distribution system to continue to be sold into the locomotive and marine diesel market beyond 2014. The purpose of the possible provision was to respond to concerns expressed in comment regarding the need for an outlet for offspec product and the difficulty transmix processors would have in hydrotreating this fuel to bring it into compliance. The following table identifies the people with whom conversations were held.

Who Representing Jim Scandola Buckeye Pipeline Buster Brown Colonial Pipeline Sally Allan Gary Williams Refining Tom Byers Magellan Pipeline Clint Ensign Sinclair Bob Leidich BP


[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Page 63939]
[FR Doc No: 2011-26622]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1995-DR; Docket ID FEMA-2011-0001]

Vermont; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for State of Vermont (FEMA-1995-DR), dated June 15, 2011, and related
determinations.

DATES: Effective Date: September 26, 2011.

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

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, James N. Russo,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.
    This action terminates the appointment of Craig A. Gilbert as
Federal Coordinating Officer for this disaster.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-26622 Filed 10-13-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Notices]
[Pages 70657-70658]
[FR Doc No: 2023-22470]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER24-15-000]

Nova Power, 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
Nova Power, 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 October 24, 2023.
    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 may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and

assistance with making filings such as interventions, comments, or
requests for rehearing, the public is encouraged to contact OPP at
(202) 502-6595 or [email protected].

    Dated: October 4, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-22470 Filed 10-11-23; 8:45 am]
BILLING CODE 6717-01-P


Placeholder:  Confidential Business Information item

National Country Ham Association CUE application for 2007

For more information please contact Marta Montoro by phone at
202-343-9321 or by email at   HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>


[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Notices]
[Pages 32168-32170]
[FR Doc No: 2018-14848]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83599; File No. SR-CboeEDGX-2018-022]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change Related
to Fees for Use on the Exchange's Equity Options Platform

July 6, 2018.
    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 June 29, 2018, Cboe EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
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 proposed rule change to modify its fee
schedule with respect to Market Maker Fees.
    The text of the proposed rule change is available at the Exchange's
website at www.markets.cboe.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 its fee schedule for its equity
options platform (``EDGX Options'') to eliminate Customer Volume Tier
4, effective July 2, 2018.
    By way of background, fee codes PC and NC are currently appended to
all Customer orders in Penny Pilot Securities and Non-Penny Pilot
Securities, respectively, and result in a standard rebate of $0.01 per
contract. The Customer Volume Tiers in footnote 1 consist of five
separate tiers, each providing an enhanced rebate to a Member's
Customer orders that yield fee codes PC or NC upon satisfying monthly
volume criteria required by the respective tier. Customer Volume Tier 4
in particular currently provides Members a rebate of $0.16 per contract
where a Member (i) has an ADV \5\ in Customer orders greater than or
equal to 0.15% of average OCV \6\ and (ii) has an ADV in Customer or
Market Maker orders greater than or equal to 0.50% of average OCV. The
Exchange no longer wishes to maintain this tier level. As such, the
Exchange proposes to eliminate Customer Volume Tier 4 from the Fee
Schedule and renumber the subsequent Volume Tier accordingly.
---------------------------------------------------------------------------

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

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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposal to eliminate Customer
Volume Tier 4 is reasonable, fair, and equitable because the current
tier is not providing the desired result of incentivizing Members to
increase their participation in EDGX Options. Therefore, eliminating
the tier will have a negligible effect on order flow and market
behavior. The Exchange believes the proposed change is not unfairly
discriminatory because it will apply equally to all Members.

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

    The Exchange believes the proposed amendments to its fee schedule
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed changes represent a significant
departure from previous pricing offered by the Exchange or pricing
offered by the Exchange's competitors. Members may opt to disfavor the
Exchange's pricing if they believe that alternatives offer them better
value. Accordingly, the Exchange does not believe that the proposed
change will impair the ability of Members or competing venues to
maintain their competitive standing in the financial markets.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 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 protected]. Please include
File Number SR-CboeEDGX-2018-022 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeEDGX-2018-022. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeEDGX-2018-022 and should be
submitted on or before August 1, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14848 Filed 7-10-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Notices]
[Pages 679-681]
[FR Doc No: 2013-31514]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71197; File No. SR-BX-2013-063]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change to Modify
the Extranet Access Fee

December 30, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 19, 2013, NASDAQ OMX BX, Inc. (``BX'' or ``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
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange [sic] to modify the extranet access fee (``Extranet
Access Fee'') set forth in BX Rule 7025, as well as to clarify its
applicability. BX will implement the proposed revised fee on January 2,
2014.
    The text of the proposed rule change is below. Proposed new
language is italicized; proposed deletions are bracketed.\3\
---------------------------------------------------------------------------

    \3\ Changes are marked to the rules of NASDAQ OMX BX, Inc. found
at http://nasdaqomxbx.cchwallstreet.com.
---------------------------------------------------------------------------

* * * * *
    7025. Extranet Access Fee
    Extranet providers that establish a connection with the Exchange to
offer direct access connectivity to market data feeds shall be assessed
a monthly access fee of $1,000 [750] per client organization Customer
Premises Equipment (``CPE'') Configuration. If an extranet provider
uses multiple CPE Configurations to provide market data feeds to any
client organization, the monthly fee shall apply to each such CPE
Configuration. For purposes of this Rule 7025, the term ``Customer
Premises Equipment Configuration'' shall mean any line, circuit, router
package, or other technical configuration used by an extranet provider
to provide a direct access connection to the Exchange market data feeds
to a recipient's site. No extranet access fee will be charged for
connectivity to market data feeds

containing only consolidated data. For purposes of this rule,
consolidated data includes data disseminated by the UTP SIP.
* * * * *

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

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

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

1. Purpose
    The Exchange is proposing a change to modify the Extranet Access
Fee as set forth in BX Rule 7025, as well as to clarify its
applicability. BX Rule 7025 currently provides that for extranet
providers that establish a connection with the Exchange to offer direct
access connectivity to market data feeds they [sic] will be assessed a
monthly access fee of $750 per recipient Customer Premises Equipment
(``CPE'') Configuration.\4\
---------------------------------------------------------------------------

    \4\ As defined in BX Rule 7025, a ``Customer Premises Equipment
Configuration'' means any line, circuit, router package, or other
technical configuration used by an extranet provider to provide a
direct access connection to the Exchange market data feeds to a
recipient's site.
---------------------------------------------------------------------------

    Specifically, the Exchange proposes to increase this Extranet
Access Fee from $750 per month to $1,000 per month. This increase
represents the first price change since its introduction in 2009.\5\
This fee increase will be used to help support the Exchange's costs
associated with maintaining multiple extranet connections with multiple
providers. These costs include those associated with overhead and
technology infrastructure, administrative, maintenance and operational
costs. Since the inception of this fee there have been numerous network
infrastructure improvements and administrative controls enacted. The
Exchange has additionally implemented compressed TCP/IP options, which
allows [sic] customers reduced bandwidth and lower carrying costs.
Additionally, the Exchange has implemented automated retransmission
facilities for most of its data clients that benefit extranet clients
by reducing operational costs associated with retransmissions.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 59615 (March 20,
2009), 74 FR 14604 (March 31, 2009) (SR-BX-2009-005).
---------------------------------------------------------------------------

    As the number of extranets has increased, the management of the
downstream customers has expanded and the Exchange has had to ensure
appropriate reporting and review processes, which has resulted in a
greater cost burden on the Exchange over time. The increased fee will
also help to ensure that the Exchange is better able to closely review
reports and uncover reporting errors via audits thus minimizing
reporting issues. The network infrastructure has increased in order to
keep pace with the increased number of products, which, in turn, has
caused an increased administrative burden and higher operational costs
associated with delivery via extranets.
    Additionally, BX Rule 7025 will be clarified by stating that no
extranet access fee will be charged for connectivity to market data
feeds containing only consolidated data.\6\ This clarification should
serve to reduce any confusion as to the applicability of this fee.
---------------------------------------------------------------------------

    \6\ For purposes of BX Rule 7025, ``consolidated data'' is
defined to include data disseminated by the UTP SIP.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and with Section 6(b)(4)
of the Act,\8\ in particular, in that it provides for the equitable
allocation of reasonable dues, fees and other charges among members and
issuers and other persons using any facility or system which the
Exchange operates or controls.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    All similarly situated extranet providers, including the Exchange
operating its own extranet, that establish an extranet connection with
the Exchange to access market data feeds from the Exchange are subject
to the same fee structure. The increased fee will help the Exchange
offset some of the rising overhead and technology infrastructure,
administrative, maintenance and operational costs it incurs in support
of the service. If such costs are covered, the service may provide the
Exchange with a profit. As such, the Exchange believes that the
proposed fee increase is reasonable and notes that this increase
represents the first price change since its introduction in 2009. The
extranet costs are separate and different from the colocation facility
that is able to recoup these fees by charging for servers within the
associated data centers.
    Additionally, BX Rule 7025 will be clarified by stating that no
extranet access fee will be charged for connectivity to market data
feeds containing only consolidated data. This clarification should
serve to reduce any confusion as to the applicability of this fee.

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 fees are applied uniformly among extranet providers, which are
not compelled to establish a connection with the Exchange to offer
access connectivity to market data feeds. For these reasons, any burden
arising from the fees is necessary in the interest of promoting the
equitable allocation of a reasonable fee. Additionally, firms make
decisions on how much and what types of data to consume on the basis of
the total cost of interacting with the Exchange or other exchanges and,
of course, the extranet access fee is but one factor in a total
platform analysis.

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

    No written comments were either solicited or received.

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)(ii) of the Act.\9\ 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(a)(ii).
---------------------------------------------------------------------------

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-BX-2013-063 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-BX-2013-063. 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, 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 offices 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-BX-
2013-063, and should be submitted on or before January 27, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-31514 Filed 1-3-14; 8:45 am]
BILLING CODE 8011-01-P