[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Notices]
[Pages 29793-29795]
[FR Doc No: 2013-12041]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69587; File No. S7-24-89]

Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment No. 29 to the Joint Self-Regulatory Organization Plan
Governing the Collection, Consolidation and Dissemination of Quotation
and Transaction Information for Nasdaq-Listed Securities Traded on
Exchanges on an Unlisted Trading Privileges Basis Submitted by the BATS
Exchange, Inc., BATS Y-Exchange, Inc., Chicago Board Options Exchange,
Incorporated, Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX
Exchange, Inc., Financial Industry Regulatory Authority, Inc.,
International Securities Exchange LLC, NASDAQ OMX BX, Inc., NASDAQ OMX
PHLX LLC, Nasdaq Stock Market LLC, National Stock Exchange, Inc., New
York Stock Exchange LLC, NYSE MKT LLC, and NYSE Arca, Inc.

May 15, 2013.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 608 thereunder,\2\ notice is hereby given that
on May 10, 2013, the operating committee (``Operating Committee'' or
``Committee'') \3\ of the Joint Self-Regulatory Organization Plan
Governing the Collection, Consolidation, and Dissemination of Quotation
and Transaction Information for Nasdaq-Listed Securities Traded on
Exchanges on an Unlisted Trading Privilege Basis (``Nasdaq/UTP Plan''
or ``Plan'') filed with the Securities and Exchange Commission
(``Commission'') an amendment to the Plan.\4\ This

amendment represents Amendment No. 29 (``Amendment No. 29'') to the
Plan and proposes to reverse the changes (the ``Fee Changes'') that the
Participants made in Amendment No. 27 \5\ to the Nasdaq/UTP Plan and
Amendment No. 28 \6\ to the Nasdaq/UTP Plan (the ``Fee Change
Filings''). Under the Fee Change Filings, the Fee Changes became
effective on April 1, 2013. Amendment No. 29 would cause the Fee
Changes not to have become effective as of April 1, 2013. Pursuant to
Rule 608(b)(3)(i) under the Act, the Participants designated the
Amendment No. 29 as establishing or changing a fee or other charge
collected on behalf of all of the Participants in connection with
access to, or use of, the facilities contemplated by the Amendment. As
a result, Amendment No. 29 has been put into effect upon filing with
the Commission. Accordingly, the Participants would not implement the
Fee Changes for the month of April 2013 or otherwise.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The Plan Participants (collectively, ``Participants'') are
the: BATS Exchange, Inc.; BATS Y-Exchange, Inc.; Chicago Board
Options Exchange, Incorporated; Chicago Stock Exchange, Inc.; EDGA
Exchange, Inc.; EDGX Exchange, Inc.; Financial Industry Regulatory
Authority, Inc.; International Securities Exchange LLC; NASDAQ OMX
BX, Inc.; NASDAQ OMX PHLX LLC; Nasdaq Stock Market LLC; National
Stock Exchange, Inc.; New York Stock Exchange LLC; NYSE MKT LLC; and
NYSE Arca, Inc.
    \4\ The Plan governs the collection, processing, and
dissemination on a consolidated basis of quotation information and
transaction reports in Eligible Securities for each of its
Participants. This consolidated information informs investors of the
current quotation and recent trade prices of Nasdaq securities. It
enables investors to ascertain from one data source the current
prices in all the markets trading Nasdaq securities. The Plan serves
as the required transaction reporting plan for its Participants,
which is a prerequisite for their trading Eligible Securities. See
Securities Exchange Act Release No. 55647 (April 19, 2007), 72 FR
20891 (April 26, 2007).
    \5\ See Securities Exchange Act Release No. 69215 (March 22,
2013), 78 FR 19029 (March 28, 2013) (``Amendment No. 27'').
    \6\ See Securities Exchange Act Release No. 69361 (April 10,
2013), 78 FR 22588 (April 16, 2013) (``Amendment No. 28'').
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    At any time within 60 days of the filing of Amendment No. 29, the
Commission may summarily abrogate Amendment No. 29 and require that the
Amendment be refiled in accordance with paragraph (a)(1) of Rule 608
and reviewed in accordance with paragraph (b)(2) of Rule 608, if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or the
maintenance of fair and orderly markets, to remove impediments to, and
perfect the mechanisms of, a national market system or otherwise in
furtherance of the purposes of the Act. The Commission is publishing
this notice to solicit comments from interested persons.

I. Rule 608(a)

A. Purpose of the Amendments

    On March 22, 2013, the Participants filed with the Commission
Amendment No. 27. That amendment revised the metric by which the
Participants calculate the annual increase in the Enterprise Maximum.
    On March 27, 2013, the Participants filed with the Commission
Amendment No. 28. That amendment increased the professional subscriber
device fee from $20 to $25, introduced a new redistribution fee and
established a net reporting program.
    Amendment No. 27 and Amendment No. 28 made the Fee Changes
effective as of April 1, 2013.
    After consultation with Commission staff,\7\ the Participants
propose to reverse all of the Fee Changes. As a result of the reversal,
the Fee Changes would not be deemed to have taken effect on April 1,
2013, meaning that the Participants would not implement the Fee Changes
for the month of April 2013 or otherwise. The Participants anticipate
re-examining the Fee Change Filings and re-filing them at a later date
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    \7\ See also Letter to John Ramsay, Acting Director, Division of
Trading and Markets, Commission, et al. from Ira D. Hammerman,
Senior Managing Director & General Counsel, Securities Industry and
Financial Markets Association, dated March 28, 2013 (``SIFMA
Letter''); Letter to Chairperson White and Commissioners,
Commission, from Gene L. Finn, Ph.D., dated April 24, 2013 (``Finn
Letter 1''); Letter to the Commission, from Gene L. Finn, Ph.D.,
dated April 25, 2013 (``Finn Letter 2''); and Letter to Elizabeth M.
Murphy, Secretary, Commission from Peter Moss, Managing Director,
Thomson Reuters, dated May 7, 2013 (``Thomson Reuters Letter'').
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B. Governing or Constituent Documents

    Not applicable.

C. Implementation of Amendment

    All of the Participants have manifested their approval of the
proposed amendment by means of their execution of Amendment No. 29.
Amendment No. 29 shall be effective when this Agreement has been
executed on behalf of each Participant and the amendment has been filed
with the Commission. Once effective, Amendment No. 29 would cause the
changes set forth in the Fee Change Filings not to have become
effective on April 1, 2013. This means that the Participants would not
implement the Fee Changes for the month of April 2013 or otherwise,
although the Participants may elect to re-file the Fee Changes at a
later date.

D. Development and Implementation Phases

    Not applicable.

E. Analysis of Impact on Competition

    The proposed amendment does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.
    The Participants do not believe that the proposed plan amendment
introduces terms that are unreasonably discriminatory for the purposes
of Section 11A(c)(1)(D) of the Act.\8\
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    \8\ 15 U.S.C. 78k-1(c)(1)(D).
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F. Written Understanding or Agreements Relating to Interpretation of,
or Participation in, Plan

    The Participants have no written understandings or agreements
relating to interpretation of the Plan as a result of the amendment.

G. Approval by Sponsors in Accordance With Plan

    Each of the Plan's Participants has approved the changes and has
executed a written amendment to the Plan.

H. Description of Operation of Facility Contemplated by the Proposed
Amendment

    Not applicable.

I. Terms and Conditions of Access

    See Item I(A) above.

J. Method of Determination and Imposition, and Amount of, Fees and
Charges

    See Item I(A) above.

K. Method and Frequency of Processor Evaluation

    Not applicable.

L. Dispute Resolution

    Not applicable.

II. Rule 601(a)

A. Equity Securities for Which Transaction Reports Shall Be Required by
the Plan

    Not applicable.

B. Reporting Requirements

    Not applicable.

C. Manner of Collecting, Processing, Sequencing, Making Available and
Disseminating Last Sale Information

    Not applicable.

D. Manner of Consolidation

    Not applicable.

E. Standards and Methods Ensuring Promptness, Accuracy and Completeness
of Transaction Reports

    Not applicable.

F. Rules and Procedures Addressed to Fraudulent or Manipulative
Dissemination

    Not applicable.

G. Terms of Access to Transaction Reports

    Not applicable.

H. Identification of Marketplace of Execution

    Not Applicable.

III. Solicitation of Comments

    The Commission seeks general comments on Amendment No. 29.
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 email to<EMAIL_ADDRESS>Please include
File Number S7-24-89 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 S7-24-89. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of
the submission, all written statements with respect to the proposed
Plan Amendment that are filed with the Commission, and all written
communications relating to the proposed Plan Amendment 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 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 Web
site viewing and printing at the Office of the Secretary of the
Committee, currently located at the CBOE, 400 S. LaSalle Street,
Chicago, IL 60605. 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 S7-24-
89 and should be submitted on or before June 11, 2013.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(27).

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-12041 Filed 5-20-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Notices]
[Pages 67431-67432]
[FR Doc No: 2011-28190]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP12-41-000.
    Applicants: Crossroads Pipeline Company.
    Description: Crossroads Pipeline Company submits tariff filing per
154.204: Operational Transactions to be effective 10/26/2011.
    Filed Date: 10/25/2011.
    Accession Number: 20111025-5063.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-42-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Natural Gas Pipeline Company of America LLC submits
tariff filing per 154.204: Negotiated Rate Filing--Integrys Energy to
be effective 11/1/2011.
    Filed Date: 10/25/2011.
    Accession Number: 20111025-5095.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-43-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Natural Gas Pipeline Company of America LLC submits
tariff filing per 154.204: OXY Negotiated Rate Agreement to be
effective 11/1/2011.
    Filed Date: 10/25/2011.
    Accession Number: 20111025-5108.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-44-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Algonquin Gas Transmission, LLC submits tariff filing
per 154.204: KeySpan 2011-11-01 releases to Repsol to be effective 11/
1/2011.
    Filed Date: 10/25/2011.
    Accession Number: 20111025-5115.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-45-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Natural Gas Pipeline Company of America LLC submits
tariff filing per 154.204: Twin Eagle Negotiated Rate Agreement to be
effective 11/1/2011.
    Filed Date: 10/25/2011.
    Accession Number: 20111025-5117.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-46-000.
    Applicants: CenterPoint Energy Gas Transmission Company.
    Description: CenterPoint Energy Gas Transmission Company Annual
Report of Linked Firm Service Penalty Revenue Credits for twelve month
reporting period ending July 31, 2011.
    Filed Date: 10/25/2011.
    Accession Number: 20111025-5123.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-47-000.
    Applicants: CenterPoint Energy Gas Transmission Company,
    CenterPoint Energy Gas Transmission Company.
    Description: Annual Report of Total Penalty Revenue Credits for
twelve month reporting period ended July 31, 2011.
    Filed Date: 10/25/2011.
    Accession Number: 20111025-5124.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-48-000.
    Applicants: Kinder Morgan Interstate Gas Transmission LLC.
    Description: Kinder Morgan Interstate Gas Transmission LLC submits
tariff filing per 154.204: Settlement--Fuel 2011-10-25 to be effective
6/1/2011.
    Filed Date: 10/25/2011.
    Accession Number: 20111025-5130.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-49-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Algonquin Gas Transmission, LLC submits tariff filing
per 154.204: Non-conforming Agreements with NJRES and Sequent to be
effective 11/1/2011.
    Filed Date: 10/25/2011.
    Accession Number: 20111025-5142.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-50-000.
    Applicants: Midcontinent Express Pipeline LLC.
    Description: Midcontinent Express Pipeline LLC submits tariff
filing per 154.204: Negotiated Rate Filing--Sawgrass to be effective
10/25/2011.
    Filed Date: 10/25/2011.
    Accession Number: 20111025-5176.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-51-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Gulf Crossing Pipeline Company LLC submits tariff
filing per 154.204: Newfield 18 to Tenaska 217 Cap Release Negotiated
Rate Agreement Filing to be effective 11/1/2011.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5028.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-52-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: EOG 34687-7 Amendment to Negotiated Rate Agreement Filing
to be effective 11/1/2011.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5029.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-53-000.
    Applicants: Gulf South Pipeline Company, LP.

    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: QEP 37657-10 Amendment to Negotiated Rate Agreement Filing
to be effective 11/1/2011.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5033.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-54-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: HK 37731 to Sequent 39267 Capacity Release Negotiated Rate
Agreement Filing to be effective 11/1/2011.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5036.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-55-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: HK 37731 to Texla 39268 Capacity Release Negotiated Rate
Agreement Filing to be effective 11/1/2011.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5037.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-56-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: HK 37731 to Texla 39269 Capacity Release Negotiated Rate
Agreement Filing to be effective 11/1/2011.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5038.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Docket Numbers: RP12-57-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: ONEOK 34951 to BG Energy 39280 Capacity Release Negotiated
Rate Agreement Filing to be effective 11/1/2011.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5039.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP11-1429-002.
    Applicants: Trans-Union Interstate Pipeline, L.P.
    Description: Trans-Union Interstate Pipeline, L.P. submits tariff
filing per 154.203: Order 587-U Compliance Filing to Modify Tariff
09192011 to be effective 11/1/2010 under RP11-1429 Filing Type: 580.
    Filed Date: 09/19/2011.
    Accession Number: 20110919-5093.
    Comment Date: 5 p.m. Eastern Time on Monday, October 30, 2011.

    Docket Numbers: RP11-2510-001.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Trailblazer Pipeline Company LLC submits tariff filing
per 154.203: Compliance Filing to be effective 9/1/2011.
    Filed Date: 10/25/2011.
    Accession Number: 20111025-5122.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2011.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5 p.m. Eastern time on the specified comment
date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: October 26, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-28190 Filed 10-31-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Notices]
[Page 34920]
[FR Doc No: 2022-12291]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95028; File No. SR-CboeEDGA-2021-025]

Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Designation of a Longer Period for Commission Action on Proceedings
To Determine Whether To Approve or Disapprove a Proposed Rule Change,
as Modified by Amendment No. 1, To Introduce a New Data Product To Be
Known as the Short Volume Report

June 2, 2022.
    On November 17, 2021, Cboe EDGA Exchange, Inc. (``EDGA'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Exchange Rule 13.8(h) to introduce a new
data product to be known as the Short Volume Report. The proposed rule
change was published for comment in the Federal Register on December 7,
2021.\3\ On January 20, 2022, pursuant to Section 19(b)(2) of the
Act,\4\ the Commission designated a longer period within which to
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether to disapprove the
proposed rule change.\5\ On March 7, 2022, the Commission instituted
proceedings under Section 19(b)(2)(B) of the Act \6\ to determine
whether to approve or disapprove the proposed rule change.\7\ On March
30, 2022, the Exchange filed Amendment No. 1 to the proposed rule
change, which superseded the proposed rule change as originally filed.
The proposed rule change, as modified by Amendment No. 1, was published
for comment in the Federal Register on April 28, 2022.\8\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 93694 (December 1,
2021), 86 FR 69299 (``Notice''). The comment letters received on the
proposed rule change are available on the Commission's website at:
https://www.sec.gov/comments/sr-cboeedga-2021-025/srcboeedga2021025.htm.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 94007, 87 FR 4072
(January 26, 2022). The Commission designated March 7, 2022, as the
date by which it should approve, disapprove, or institute
proceedings to determine whether to disapprove the proposed rule
change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 94367, 87 FR 14058
(March 11, 2022).
    \8\ See Securities Exchange Act Release No. 94782 (April 22,
2022), 87 FR 25320.
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    Section 19(b)(2) of the Act \9\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of the filing of the proposed rule
change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The
proposed rule change was published for comment in the Federal Register
on December 7, 2021.\10\ The 180th day after publication of the
proposed rule change is June 5, 2022. The Commission is extending the
time period for approving or disapproving the proposal for an
additional 60 days.
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    \9\ 15 U.S.C. 78s(b)(2).
    \10\ See Notice, supra note 3.
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    The Commission finds that it is appropriate to designate a longer
period within which to issue an order approving or disapproving the
proposed rule change so that it has sufficient time to consider the
proposed rule change, as modified by Amendment No. 1, and the comments
that have been submitted in connection therewith. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\11\ designates
August 4, 2022, as the date by which the Commission should either
approve or disapprove the proposed rule change (File No. SR-CboeEDGA-
2021-025), as modified by Amendment No. 1.
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    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(57).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-12291 Filed 6-7-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 80 (Wednesday, April 25, 2012)]
[Notices]
[Pages 24750-24752]
[FR Doc No: 2012-9969]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66833; File No. SR-NYSEArca-2012-32]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca
Equities Rule 7.31 To Specify How the Immediate-or-Cancel Time-in-Force
Instructions Are Applicable to an MPL Order

April 19, 2012.
    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 April 10, 2012, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the Exchange. The Exchange has designated
the proposed rule change as constituting a rule change under Rule 19b-
4(f)(6) under the Act,\3\ which renders the proposal 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\ 17 CFR 240.19b-4(f)(6).
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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 NYSE Arca Equities Rule 7.31 to
specify how the immediate-or-cancel (``IOC'') time-in-force
instructions are applicable to an MPL Order. The text of the proposed
rule change is available at the Exchange, www.nyse.com, and 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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend NYSE Arca Equities Rule 7.31 to
specify how the IOC time-in-force instructions are applicable to an MPL
Order.
Background
    An MPL Order is a type of Working Order that has conditional or
undisplayed price and/or size. As set forth in NYSE Arca Equities Rule
7.31(h)(5), an MPL Order is a Passive Liquidity Order that is priced at
the midpoint of the PBBO and does not trade through a Protected
Quotation. An MPL Order has a minimum order entry size of one share and
Users may specify a minimum executable size for an MPL Order, which
must be no less than one share. If an MPL Order has a specified minimum
executable size, it will execute against an incoming order that meets
the minimum executable size and is priced at or better than the
midpoint of the PBBO. If the leaves quantity becomes less than the
minimum size, the minimum executable size restriction will no longer be
enforced on executions.
    If the market is locked or crossed, the MPL Order will wait for the
market to unlock or uncross before becoming eligible to trade again.
MPL Orders are ranked in time priority for the purposes of execution as
long as the midpoint is within the limit range of the order. MPL Orders
always execute at the midpoint and do not receive price improvement.
MPL Orders are valid for any session, but do not participate in
auctions. Unlike Passive Liquidity Orders, MPL Orders are not exclusive
to lead market makers (``LMM'') for securities for which the Exchange
is the primary market. Users that choose not to trade with MPL Orders
may mark incoming limit orders with a ``No Midpoint Execution''
designator and such limit orders will ignore MPL Orders. MPL Orders do
not route out of the Exchange to other market centers.
    NYSE Arca Equities Rule 7.31 sets forth the time-in-force
conditions that are available for orders entered at the Exchange. One
such time-in-force condition is the IOC condition, which provides that
a market or limit order that is marked IOC is to be executed in whole
or in part as soon as such order is received, and the portion not so
executed is to be treated as cancelled.
Proposed Rule Change
    The Exchange proposes to add NYSE Arca Equities Rule 7.31(h)(6) to
specify how the IOC time-in-force conditions are applicable to an MPL
Order (an ``MPL-IOC Order''). Because it is an MPL Order, the proposed
MPL-IOC Order follows the same execution and priority rules of an MPL
Order, including that it would be a Passive Liquidity Order that is
priced at the midpoint of the PBBO, does not trade through Protected
Quotations, always executes at the midpoint, does not receive price
improvement, does not route to other market centers, is not limited to
LMMs for securities listed on the Exchange, and will not trade with
incoming limit orders with a ``No Midpoint Execution'' designator.

    Because of the IOC attributes, certain elements of the MPL Order,
by their terms, are not applicable to the proposed MPL-IOC Order.
First, because an IOC order cancels if it does not immediately execute,
Users will not be able to specify a minimum executable size for the
proposed MPL-IOC Order. Along those lines, because an IOC order cancels
if not immediately executed, the related aspect of the MPL Order
concerning the leaves quantity of an MPL Order are also inapplicable.
Second, if a proposed MPL-IOC order cannot immediately execute because
the market is either locked or crossed, unlike an MPL Order, an MPL-IOC
Order would cancel in such a situation. The Exchange proposes to
identify these differences in proposed NYSE Arca Equities Rule
7.31(h)(6). In addition, because by definition, an IOC order executes
upon arrival, a proposed MPL-IOC order would not execute against
incoming interest, but against resting interest.
    The Exchange proposes one further distinction for the MPL-IOC
Order. As noted above, the minimum share size for an MPL Order is one
share. The Exchange proposes to require that an MPL-IOC Order have a
minimum entry size of one round lot. The Exchange believes that this
additional requirement will reduce the use of this order type by market
participants that are seeking to discover hidden interest at the
Exchange without any market risk.
    Because of the technology changes necessary to implement the
proposed change, the Exchange will announce the implementation date of
the MPL-IOC Order by Trader Update.
2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Securities Exchange Act of 1934 (the ``Act''),\4\ which requires
the rules of an exchange to promote just and equitable principles of
trade, to remove impediments to and perfect the mechanism of a free and
open market and a national market system and, in general, to protect
investors and the public interest. The Exchange believes that the
proposed rule change promotes just and equitable principles of trade
because it would enable market participants to use the existing IOC
time-in-force conditions with MPL Orders. The proposed rule change will
also provide transparency in the Exchange rules of how the IOC time-in-
force conditions will apply with MPL Orders and which aspects of the
MPL Orders will be inapplicable. The Exchange further believes that the
proposed rule change will perfect the mechanism of a free and open
market because it adds additional flexibility in the use of the IOC
time-in-force instructions with existing order types at the Exchange,
thereby providing more flexibility to ETP Holders. Finally, the
Exchange believes that the proposed requirement that an MPL-IOC order
have a minimum entry size of one round lot will protect investors and
the public interest because it will reduce the potential for market
participants to use the MPL-IOC Order to probe the market for hidden
interest without any significant risk.
---------------------------------------------------------------------------

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

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

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

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

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

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

    Because the 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 if consistent with the protection of investors
and the public interest, provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change at least five business days prior to the date of
filing of the proposed rule change or such shorter time as designated
by the Commission, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \5\ and Rule 19b-4(f)(6)
thereunder.\6\ At any time within 60 days of the filing of such
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.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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-NYSEArca-2012-32 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-NYSEArca-2012-32. 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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-NYSEArca-2012-32 and
should be submitted on or before May 16, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-9969 Filed 4-24-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Proposed Rules]
[Pages 56390-56391]
[FR Doc No: 2019-22814]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 84, No. 204 / Tuesday, October 22, 2019 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0678; Airspace Docket No. 18-AWP-27]
RIN 2120-AA66

Proposed Amendment of Class D and E Airspace; Concord, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class D airspace and establish
Class E airspace extending upward from 700 feet above the surface of
the earth at Buchanan Field, Concord, CA. This action also proposes to
remove the Concord VOR/DME and the city listed before the airport name
in the legal description header information. This action would ensure
the safety and management of instrument flight rules (IFR) operations
within the National Airspace System.

DATES: Comments must be received on or before December 6, 2019.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify Docket No. FAA-
2019-0678; Airspace Docket No. 18-AWP-27, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would amend Class D and Class E airspace to support IFR
operations at Buchanan Field, Concord, CA.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2019-0678;
Airspace Docket No. 18-AWP-27''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by amending Class D airspace at Buchanan
Field extending upward from the surface to and including 2,500 feet MSL
within a 2.6-mile radius of the airport from the 205[deg] bearing from
the airport clockwise to the

314[deg] bearing, thence extending to a 4.1-mile radius of Buchanan
Field from the 314[deg] bearing clockwise to the 205[deg] bearing from
the airport to contain instrument approach procedures as aircraft
descend through 1,000 feet AGL. This Class D airspace area is effective
during the specific dates and times established in advance by a Notice
to Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.
    Additionally, this action proposes to establish Class E5 airspace
extending upward from 700 feet above the surface within a 4.1-mile
radius of Buchanan Field and within 2.5 miles each side of the 009[deg]
bearing from the airport extending from the 4.1-mile radius to 11 miles
north of Buchanan Field and within 2.5 miles each side of the 023[deg]
bearing from the airport extending from the 4.1-mile radius to 11 miles
northeast of the airport to contain instrument approach procedures as
aircraft descend through 1,500 feet AGL.
    Further, this action proposes to remove the Concord VOR/DME and the
associated extensions to simplify how the airspace is described.
    Lastly, this action proposes a minor editorial amendment to remove
the city listed before the airport name in the legal description header
information to comply with airspace policy guidance.
    Class D airspace designations are published in paragraph 5000 of
FAA Order 7400.11D and Class E airspace designations are published in
paragraph 6005 of FAA Order 7400.11D, dated August 8, 2019, and
effective September 15, 2019, which is incorporated by reference in 14
CFR 71.1. The Class D and Class E airspace designations listed in this
document will be published subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AWP CA D Concord, CA [Amended]

Buchanan Field, CA
    (Lat. 37[deg]59'23'' N, long. 122[deg]03'25'' W)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 2.6-mile radius of the airport from the
205[deg] bearing from the airport clockwise to the 314[deg] bearing,
thence extending to a 4.1-mile radius of Buchanan Field from the
314[deg] bearing clockwise to the 205[deg] bearing from the airport.
This Class D airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP CA E5 Concord, CA [New]

Buchanan Field, CA
    (Lat. 37[deg]59'23'' N, long. 122[deg]03'25'' W)

    That airspace extending upward from 700 feet above the surface
within a 4.1-mile radius of Buchanan Field and within 2.5 miles each
side of the 009[deg] bearing from the airport extending from the
4.1-mile radius to 11 miles north of Buchanan Field and within 2.5
miles each side of the 023[deg] bearing from the airport extending
from the 4.1-mile radius to 11 miles northeast of the airport.

    Issued in Seattle, Washington, on October 10, 2019.
Byron Chew,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2019-22814 Filed 10-21-19; 8:45 am]
BILLING CODE 4910-13-P