[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Proposed Rules]
[Pages 40648-40649]
[FR Doc No: 2011-17293]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 139

[Docket No. FAA-2010-0247; Notice No. 11-01]
RIN 2120-AJ70

Safety Enhancements Part 139, Certification of Airports;
Reopening of Comment Period

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); Reopening of comment
period.

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SUMMARY: This action reopens the comment period for an NPRM that was
published on February 1, 2011. In that document, the FAA proposed
several safety enhancements for airports. Recently, regulations.gov had
a software upgrade which resulted in documents previously submitted to
the docket that were not accessible as a result of the upgrade. This
action reopens the comment period to allow the public additional time
to review the initial regulatory evaluation.

DATES: The comment period for the NPRM published on February 1, 2011
(76 FR 5510) and reopened (76 FR 20570) April 13, 2011, is reopened
again until July 26, 2011.

ADDRESSES: You may send comments identified by docket number FAA-2010-
0247 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue, SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the

individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Kenneth Langert, AAS-300, Office of
Airports Safety and Standards, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591, telephone (202) 267-
493-4529; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: See the ``Additional Information'' section
for information on how to comment on this proposal and how the FAA will
handle comments received. The ``Additional Information'' section also
contains related information about the docket, privacy, and the
handling of proprietary or confidential business information. In
addition, there is information on obtaining copies of related
rulemaking documents.

Background

    On February 1, 2011, the FAA issued Notice No. 11-01, entitled
``Safety Enhancements Part 139, Certification of Airports'' (76 FR
5510). The comment period closed on April 4, 2011. On April 13, 2011,
the FAA reopened the comment period for 30 days to allow additional
opportunity to comment on the NPRM (76 FR 20570). The comment period
then closed on May 13, 2011.
    During the comment period, several commenters stated the FAA's
economic evaluation for this proposed rule was not available for review
and comment. That document was placed in the docket and the comment
period was again reopened to allow additional time to comment on the
NPRM (76 FR 32106).
    On June 11, 2011, the Federal Docket Management System (FDMS.gov)
version 3.5 was released and implemented. Shortly thereafter, we
realized the new release had resulted in several (but not all)
documents previously submitted to the docket were not accessible.
Unfortunately, the regulatory evaluation for this rulemaking was one of
those documents. That document is now accessible. The FAA believes
additional time should be allowed to comment on the regulatory document
commensurate with the amount of time the document was not accessible.

Reopening of Comment Period

    In accordance with Sec.  11.47(c) of title 14, Code of Federal
Regulations, the FAA has determined that re-opening of the comment
period is consistent with the public interest, and that good cause
exists for taking this action. Absent unusual circumstances, the FAA
does not anticipate any further extension of the comment period for
this rulemaking.
    Accordingly, the comment period for Notice No. 11-1 is reopened
until July 26, 2011.

Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.
    Proprietary or Confidential Business Information: Do not file
proprietary or confidential business information in the docket. Such
information must be sent or delivered directly to the person identified
in the FOR FURTHER INFORMATION CONTACT section of this document, and
marked as proprietary or confidential. If submitting information on a
disk or CD ROM, mark the outside of the disk or CD ROM, and identify
electronically within the disk or CD ROM the specific information that
is proprietary or confidential.
    Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.

B. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced in item
(1) above.

    Issued in Washington, DC, on July 1, 2011.
Dennis R. Pratte,
Acting Director, Office of Rulemaking.
[FR Doc. 2011-17293 Filed 7-8-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Rules and Regulations]
[Pages 39169-39170]
[FR Doc No: 2012-16113]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0429]
RIN 1625-AA00

Eighth Coast Guard District Annual Safety Zones; Blue Angels Air
Show; Gulf of Mexico & Santa Rosa Sound; Pensacola, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a Safety Zone for the Blue Angels
Air Show in the Gulf of Mexico and Santa Rosa Sound, Pensacola, Florida
from 12:01 a.m. July 11, 2012 through 11:59 p.m. July 15, 2012. This
action is necessary for the safeguard of participants and spectators,
including all crews, vessels, and persons on navigable waters during
the Blue Angels Air Show. During the enforcement period, entry into,
transiting or anchoring in the Safety Zone is prohibited to all vessels
not registered with the sponsor as participants or official patrol
vessels, unless specifically authorized by the Captain of the Port
(COTP) Mobile or a designated representative.

DATES: The regulations in 33 CFR 165.801 will be enforced from 12:01
a.m. July 11, 2012, through 11:59 p.m. July 15, 2012.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of enforcement, call or email LT Lenell J. Carson, Coast Guard Sector
Mobile, Waterways Division; telephone<PHONE_NUMBER> or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zone
for the annual Blue Angels Air Show event listed in 33 CFR 165.801
Table 1, Table No. 152; Sector Mobile, No. 11 on July 11 to July 15,
2012.
    Under the provisions of 33 CFR 165.801, entry into the safety zone
listed in Table 1, Table No. 152; Sector Mobile, No. 11 is prohibited
unless authorized by the Captain of the Port or a designated
representative. Persons or vessels desiring to enter into or passage
through the Safety Zone must request permission from the Captain of the
Port or a designated representative. If permission is granted, all
persons and vessels shall comply with the instructions of the Captain
of the Port or designated representative.
    This notice is issued under authority of 5 U.S.C. 552 (a); 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1. In addition to
this document in the Federal Register, the Coast Guard will provide the
maritime community with advance notification of this enforcement period
via Local Notice to Mariners and Marine Information Broadcasts.
    If the Captain of the Port Mobile or Patrol Commander determines
that the

Safety Zone need not be enforced for the full duration stated in this
notice of enforcement, he or she may use a Broadcast Notice to Mariners
to grant general permission to enter the regulated area.

    Dated: May 31, 2012.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-16113 Filed 6-29-12; 8:45 am]
BILLING CODE 9110-04-P


SMALL ENTITY REPRESENTATIVE (SER’S)  CONTACT

INFORMATION

Mead Metals, Inc.

John Allyn, President

555 Cardigan Road

Shoreview, MN  55126

651-484-1400

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

Precision Metal Products, Inc

George Jacin, President

7641 Commerce Park Oval

Cleveland, OH  44131

216-447-1900

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

Morgan Bronze Products, Inc.

Len Harder, President

367 Hollow Hill Drive

Wauconda, IL 60084

847-526-6000

<EMAIL_ADDRESS>

Busby Metals, Inc

Carl Orr, President

55 Davids Drive

Hauppauge, NY  11788

631-434-3400

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

Ditron, Inc.

John Goulding, Vice President

81 S. Greenhaven Road

Stormville, NY  12582

845-227-9300

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

Precision Stamping, Inc.

Steve Morgan, President

500 Egan Avenue

Beaumont, CA  92223

909-845-1174

<EMAIL_ADDRESS>

Hardic Laboratories

Rich Chabonnier, President

70 Prince Street

North Chelmsford, MA  01863

978-251-1702

<EMAIL_ADDRESS>

Metech International

Andrew McManus, Environmental Engineer

150 Blackstone River Road

Worcester, MA  01607

508-795-1950 ext 242

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

Northwest Machining & Mfg, Inc.

Kerry L. Wysocki,

1957 E Lanark Street

Meridian, ID  83642

208-514-3683

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

Speedring, Inc./Axsys Technologly

Judy Bradford

5717 Highway 157

Cullman, AL  35057-6904

256-737-5220

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

CMP Industries, LLC

Devon O. Howe, President

413 North Pearl Street

Albany, NY  12207

518-434-3147 ext 128

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

Bollinger Shipyard

Terry Guidry

8365 Highway 308 South

Lockport, LA  70374

985-532-2554 ext 5526

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>

Avhem, Inc.

Frank Kimball, Vice President

575 Phantom Drive

Hazelwood, MO  63042

314-880-2740

<EMAIL_ADDRESS>

Mid Atlantic Coating

Frenchie Gallet

3505 Business Center Drive

Chesapeake, VA  23323

  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>


Reader’s Guide for Terbufos

CRM: Tracy Perry

EPA/OPPTS/OPP/SRRD

Reader’s Guide to Terbufos Docket # EPA-HQ-OPP-2008-0119

Publication Date: June 25, 2008

	The Agency is providing the “Readers Guide” to allow the reader to
more easily access and navigate the various entries contained in the
terbufos docket.

Federal Register and Docket Organizational Documents:

Docket Item 1.	Federal Register Notice:  Terbufos Registration Review

Docket Item 2.	Reader’s Guide to the Terbufos Docket # EPA-
	HQ-OPP-2008-0119

Docket Item 3.	Terbufos Summary Document Registration Review: Initial
Docket. 			June 2008

Human Health Documents for Registration Review

Docket Item 4.	Terbufos: HED Registration Review Scoping Document.

			May 13, 2008.

This document evaluates the status of the human health assessments to
determine the scope of work necessary to support the registration review
of the organophosphate insecticide terbufos.

Docket Item 5.	Review of Terbufos Incident Reports.

			May 22, 2008.

This report represents human health incidents occurring in the United
States from 2000 to the present for the single chemical, terbufos, only.

Environmental Fate and Effects Documents for Registration Review

Docket Item 6.	Registration Review - preliminary problem formulation for
					the ecological risk assessment of terbufos. June 2, 2008.

This document defines the problem for the assessment, and develops a
plan for analyzing and characterizing the ecological risks.

Use and Usage Information for Registration Review

Docket Item 7.	Screening Level Use Analysis (SLUA) for Terbufos.

			October 1, 2007.

This document provides available estimates of pesticide usage data for
terbufos.

Docket Item 8.	Terbufos Appendix A.

			September 13, 2007.

This table lists the food/feed and non-food/non- feed uses for terbufos.


Results of Section 610 Review of Emission Standards for Nonroad Spark Ignition Engines Rated at or Below 19 Kilowatts On July 3, 1995 ( 60 FR 34598), EPA promulgated a rule setting emission standards for nonroad spark ignition ( SI) engines rated at or below 19 kilowatts under authority of Section 213 of the Clean Air Act. These standards are codified in the Code of Federal Regulations at 40 CFR Part 90. Pursuant to Section 610 of the Regulatory Flexibility Act, EPA has reviewed this rule to determine if it should be continued without change, or should be rescinded or amended to minimize adverse economic impacts on small entities. EPA considered, and solicited comments on, the following factors: ( 1) The continued need for the rule; ( 2) the nature of complaints or comments received concerning the rule; ( 3) the complexity of the rule; ( 4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and ( 5) the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. The results of EPA's review are summarized here.

Background The purpose of the requirements of emission standards and related provisions for nonroad spark ignition ( SI) engines rated at or below 19 kilowatts (< 19kW) is to improve ambient air quality. Pursuant to section 213 of the Clean Air Act as amended in 1990 ( CAA or the Act), EPA was required to set new standards for these engines if ( 1) a determination was made that emissions from nonroad engines "... cause, or significantly contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare" And, if an affirmative determination is made with regard to ( 1) above, then EPA was to ( 2) determine if carbon monoxide, oxides of nitrogen, and volatile organic compounds from new or existing nonroad engines or nonroad vehicles "... are significant contributors to ozone or carbon monoxide concentrations in more than 1 area which has failed to attain the national ambient air quality standards ( NAAQS) for ozone or carbon monoxide." If affirmative determinations are made for the first study (" cause or significantly contribute" and the second study " significant contributor to ozone or carbon monoxide nonattainment in more than one area"), then EPA was mandated to set standards applicable to emissions from those classes or categories of new nonroad engines and new nonroad vehicles "... which in the Administrator's judgment cause or contribute to such air pollution."

The first study was completed in November 1991 and can be found in public docket A 91 24. Subsequently, EPA determined that nonroad SI engines < 19kW ( small SI) do contribute to ozone and CO nonattainment ( see 59 FR 31306 published in the Federal Register on June 17, 1994) and embarked on a rulemaking for setting hydrocarbon+ oxides of nitrogen ( HC+ NOx) and carbon monoxide ( CO) emission standards for these engines. A Notice of Proposed Rulemaking was published in the Federal Register on May 16, 1994 ( 59 FR 25399) and a Final Rule was published on July, 3, 1995 ( 60 FR 34598). These requirements are codified in 40 CFR 90.

Regulatory Flexibility Act Section 610 Review Pursuant to Section 610 of the Regulatory Flexibility Act, the Agency has reviewed the 1995 rule that set requirements for emission standards and related provisions for nonroad SI engines rated < 19kW. This review was announced in the Regulatory Agenda on June 28, 2004 ( 69 FR 38183). In the June 28 announcement, the Agency solicited comment on five factors that are addressed below. No comments were received.

Discussion of Five Factors 1. Continued need for the rule One of the factors that must be considered in a section 610 review is the continued need for the rule under review. The Agency finds that there is a continued need for the emission standards and related provisions for nonroad SI engines rated at < 19kW rules. Many areas of the country do not meet the 8 hour ozone NAAQS and there are even areas which still do not meet the CO NAAQS. Both of these environmental problems are addressed in part by the 1995 rule. In addition, the Agency has taken a second step beyond the 1995 rule to further reduce emissions from these same sources, and is in the process of taking a third step. Subsequent to the 1995 rule, EPA published Phase 2 standards for the same regulated sources ( see 65 FR 24305 published April 25, 2000) and is now developing a separate action for Phase 3 standards.

2. Nature of complaints or comments received concerning the rule.

No public comments were received during the review period for the 1995 rule.

3. Complexity of the Rule The Agency must also consider the complexity of the rule under review. The rule under review includes performance based exhaust emission standards, certain prohibitions, administrative requirements, waiver procedures, and other flexibilities related to program implementation. More specifically, the performance standards are broken into five classes two for nonhandheld engines and three for handheld engines. These are further defined by engine displacement. The rule also included prohibitions against selling uncertified engines, importation restrictions, and tampering. Administrative requirements included a full certification program, recordkeeping, and labeling. At this point engines used solely for competition, produced for manufacturer use, display, or military specific applications are not covered. Finally, the rule included a number of interim flexibilities related to useful life, in use enforcement, and phase out provisions for 2 stroke lawnmowers. Many of the program provisions outlined above are still necessary in the program. However, in the Phase 2 rule mentioned above, EPA included useful life requirements for each of the five engine classes and also incorporated a broad emission credit averaging, banking, and trading to enhance compliance. EPA believes that the flexibilities afforded by these provisions mitigates the rule's complexity to the extent possible while meeting statutory objectives.

4. Extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules The Agency must also consider the extent to which the < 19kW nonroad SI engine rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules. The Agency believes the rules for < 19kW nonroad SI engines do not duplicate or conflict with any other rule. Under the CAA, both EPA and the state of California are authorized to have emission control program requirements programs covering these engines and, indeed, both do now have programs. While these program requirements are similar, and 50 state certification of engines is common, no other state has adopted the California program. Furthermore, under CAA provisions, only EPA can set standards for engines used in farm and construction related small SI equipment. Thus, the EPA program is fully necessary to achieve our national air quality objectives, and does not duplicate or overlap unnecessarily with other programs.

5. The degree to which technology, economic conditions, or other factors have changed in the area affected by the rule Finally, the Agency must consider the length of time since the rule in question has been evaluated, or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule under review. The Agency is continually evaluating the < 19 kW rule requirements. As mentioned above, we have revised the rule significantly once since the original implementation and in addition have conducted one technology review which resulted in a rule modification. There have been a number of changes to and improvements in small SI engines since the mid 1990s when the rule was first promulgated and there has been a continual evolution in the number and type of products using these engines. There are more engine and equipment product offerings today than ever before and recently the economic impacts of changes in the retail marketing scheme, off shore engine and equipment production, and engine imports are becoming significant. The overall market remains strong and growing.

Conclusion Equipment using small SI engines continues to be significant contributors to ozone and CO related air pollution emission inventories. The programs now in place have effectively reduced emission inventories from their original levels and what the levels would have been with future growth in equipment populations and activity. To ensure that these reductions are maintained and that future engine and equipment technology meets requirements, it is important to maintain the national standards and related provisions established for such programs. Furthermore, there is a statutory requirement for these standards and related requirements. Without the < 19 kW rule, air pollutant emissions from in use equipment using small SI engines would be substantially greater, posing negative effects on human health and the environment.

Based on EPA's Section 610 review, including the fact that no comments were received as a result of the review, no amendments based upon that review are planned at this time. Nevertheless, as part of the Phase 3 effort described above, EPA will review the entire rule and propose minor modifications as needed to improve its efficiency and effectiveness going forward. As we pursue these efforts, we will continue to be mindful of potential small entity impacts, and will work to minimize them consistent with statutory mandates and environmental objectives. EPA expects that the current and future rules will be significant in helping to provide emission inventory reductions needed in states with areas newly designated nonattainment under EPA's 8 hour ozone standard.


[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12653-12656]
[FR Doc No: 2017-04202]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80118; File No. SR-IEX-2017-05]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Adopt
DEEP, a New Depth of Book Market Data Feed, Rename TOPS Viewer to IEX
Data Platform, and Include Depth of Book Market Data Therein

February 28, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on February 15, 2017, the Investors Exchange LLC (``IEX''
or the ``Exchange'') 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 self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\
Investors Exchange LLC (``IEX'' or the ``Exchange'') is filing with the
Commission a proposed rule change to amend Rule 11.330(a)(3) to adopt a
new market data product to be known as DEEP, which is an uncompressed
data feed that provides aggregated depth of book quotations for all
displayed orders for securities traded on IEX, and execution
information (i.e., last sale information) for executions on the
Exchange. Additionally, the Exchange proposes to amend Rule
11.330(a)(2) in order to change the name of its data feed currently
known as TOPS Viewer to IEX Data Platform, and to add aggregated depth
of book quotations for up to ten (10) price levels to the IEX Data
Platform. The Exchange has designated this proposal as non-
controversial and provided the Commission with the notice required by
Rule 19b-4(f)(6)(iii) under the Act.\6\
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.iextrading.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 the
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 these statement [sic] may be examined
at the places specified in Item IV below. The self-regulatory
organization 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 11.330(a)(3) to describe a new
market data product to be known as DEEP. Currently, the Exchange offers
TOPS, an uncompressed data feed that provides aggregated top of book
quotations for all displayed orders resting on the Order Book and
execution information (i.e., last sale information) for executions on
the Exchange. The data disseminated on TOPS is also available via TOPS
Viewer through the Exchange's public Web site. Both TOPS and TOPS
Viewer are provided free of charge. Based on informal discussion with
market participants and other Users, the Exchange has determined that
there is demand for a depth of book feed offering. Accordingly, the
Exchange proposes to amend Rule 11.330(a)(3) to offer DEEP. As
proposed, DEEP will disseminate, on a real-time basis,\7\ aggregated
depth of book quotations for all displayed orders resting on the Order
Book at each price level for securities traded on IEX (i.e., displayed
top of book and full depth of book quotations) and execution
information (i.e., last sale information) for executions on the
Exchange. DEEP will be provided free of charge.
---------------------------------------------------------------------------

    \7\ Rule 11.510(b)(2) describes the application of the POP to
outbound communications from the Exchange, which impacts DEEP in the
same manner as all other data products offered by the Exchange.
Specifically, as specified therein, the POP ``is designed to provide
all Participants with an equivalent 350 microseconds of latency from
the System at the primary data center to the Exchange-provided
network interface at the IEX POP.''
---------------------------------------------------------------------------

    Consistent with IEX's existing approach whereby data disseminated
on TOPS is also available via TOPS Viewer through the Exchange's public
Web site, IEX is proposing to continue this paradigm by also providing
aggregated depth of book quotations for all displayed orders resting on
the Order Book for up to ten (10) price levels that are disseminated
through DEEP via the Exchange's public Web site. Accordingly, the
Exchange proposes to amend Rule 11.330(a)(2) to modify the name of its
data product currently known as TOPS Viewer, and instead title it the
IEX Data Platform, to reflect that such platform will provide a suite
of data that includes data disseminated by TOPS and a subset of data
disseminated by DEEP.
    As is the case currently with respect to TOPS and TOPS Viewer, the
aggregated best bid and offer (``BBO'') and last sale information
disseminated through DEEP and the IEX Data Platform will also be
reported under the Consolidated Tape Association (``CTA'') Plan or the
Nasdaq/UTP Plan. The Exchange will release such information to DEEP and
the IEX Data Platform in compliance with Rule 603(a) of Regulation NMS,
which requires that exchanges distribute market data on terms that are
``fair and reasonable'' and ``not unreasonably discriminatory,'' and
prohibits an exchange from releasing data relating to quotes and trades
to its customers through proprietary feeds before it sends its quotes
and trade reports for inclusion in the consolidated feeds.\8\
---------------------------------------------------------------------------

    \8\ See Regulation NMS, 70 FR 37496, 37567 (June 29, 2005)
(adopting release); see also Concept Release, 75 FR at 3601 (January
21, 2010).
---------------------------------------------------------------------------

    The Exchange plans to implement the proposed changes during the
second quarter of 2017 pending completion of necessary technology
changes and subject to effectiveness of this proposed rule change. The
Exchange will announce the implementation date of the proposed changes
by Trader Alert at least 10 business days in advance of such
implementation date and within 90 days of effectiveness of this
proposed rule change.
2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act \9\ in general, and with Section
6(b)(5) of the Act,\10\ in particular. DEEP will be provided consistent
with the purposes of Section 6(b)(5) of the Act.\11\ Moreover, the
proposed rule change is not designed to permit unfair discrimination
among customers, issuers, and brokers; and is designed to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4), (5).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rule change is designed to promote just and equitable
principles of trade and remove impediments to and perfect the mechanism
of a free and open market and a national market system by providing
quotation and transaction information to market participants. The
Exchange also believes this proposal is consistent with Section 6(b)(5)
of the Act because it is designed to protect investors and the public
interest and promote just and equitable principles of trade by
providing transparency regarding displayed orders in the IEX System,
and also provides market participants with the option to receive IEX
BBO and last sale information otherwise than under the CTA and Nasdaq/
UTP Plans. Further, the proposal would not permit unfair discrimination
because the information will be available to all market

participants and market data vendors on an equivalent basis, and
without charge. In addition, any market participant that wishes to
receive IEX BBO and last sale information via the CTA and Nasdaq/UTP
Plans will still be able to do so.
    The Exchange also believes that the proposed rule change is
consistent with Section 11(A) of the Act \12\ in that it supports (1)
fair competition among brokers and dealers, among exchange markets, and
between exchange markets and markets other than exchange markets and
(2) the availability to brokers, dealers, and investors of information
with respect to quotations for and transactions in securities.
Furthermore, the proposed rule change is consistent with Rule 603 of
Regulation NMS,\13\ which provides that any national securities
exchange which distributes information with respect to quotations for
or transactions in an NMS stock do so on terms that are fair and
reasonable and not unreasonably discriminatory. As noted above, the
Exchange will provide DEEP to Members and other recipients of Exchange
data on terms that are fair and reasonable and not unreasonably
discriminatory in that DEEP will be provided free of charge.
Furthermore, DEEP would be accessed and subscribed to on a voluntary
basis, in that neither the Exchange nor market data distributors are
required by any rule or regulation to make this data available.
Accordingly, distributors and subscribers can discontinue their use at
any time and for any reason.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78k-1.
    \13\ See 17 CFR 242.603.
---------------------------------------------------------------------------

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

    IEX 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. The Exchange is not proposing
to charge a fee for DEEP or the IEX Data Platform, and will make both
available to market participants on a fair and impartial basis, and on
terms that are not unreasonably discriminatory. In addition, the
Exchange believes that providing aggregated depth of book quotations as
described above is designed to remove impediments to and perfect the
mechanism of a free and open market and a national market system by
providing investors with alternative market data, as well as to compete
with other exchanges that offer similar market data products, such as
those currently offered by the New York Stock Exchange, Inc.
(``NYSE''), the Nasdaq Stock Market LLC (``Nasdaq''), and BZX Exchange,
Inc. (``Bats'').\14\
---------------------------------------------------------------------------

    \14\ See, e.g., Nasdaq Rule 7023(a)(1)(C), which describes the
Nasdaq TotalView as a depth-of-book data feed that includes all
orders and quotes from all Nasdaq members displayed in the Nasdaq
Market Center as well as the aggregate size of such orders and
quotes at each price level in the execution functionality of the
Nasdaq Market Center; See also NYSE OpenBook Aggregated, available
at http://www.nyxdata.com/nysedata/Default.aspx?tabid=1421, which
provides a real-time view of the NYSE limit order book including the
aggregated size at each price level; See Bats Rule 11.22(a) and
11.22(c), which describe the Bats TCP Depth and Multicast Depth
feeds as an uncompressed data feed that offers depth of book
quotations and execution information based on equity orders entered
into the System; See also Bats Rule 11.22(m), which describes the
BZX Summary Depth feed as a data feed that offers aggregated two-
sided quotations for all displayed orders entered into the System
for up to five (5) price levels.
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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, it has become effective pursuant to Section
19(b)(3)(A) \15\ of the Act and Rule 19b-4(f)(6) thereunder.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of 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
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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 under
Section 19(b)(2)(B) \17\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-IEX-2017-05 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-IEX-2017-05. This file
number should be included in 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 Section, 100 F Street
NE., Washington, DC 20549-1090, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the 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 Number SR-IEX-
2017-05 and should be submitted on or before March 27, 2017.

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

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-04202 Filed 3-3-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Notices]
[Pages 25324-25325]
[FR Doc No: 2011-10828]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG11-80-000.
    Applicants: Bayonne Energy Center, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator, Status of Bayonne Energy Center, LLC.
    Filed Date: 04/28/2011.
    Accession Number: 20110428-5329.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 19, 2011.

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

    Docket Numbers: ER11-3450-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: 2179 Sunflower to ITC Great Plains Novation to be
effective 4/1/2011.
    Filed Date: 04/28/2011.
    Accession Number: 20110428-5302.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 19, 2011.

    Docket Numbers: ER11-3451-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: 2180 Mid-Kansas Electric to ITC Great Plains Novation
to be effective 4/1/2011.
    Filed Date: 04/28/2011.
    Accession Number: 20110428-5312.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 19, 2011.

    Docket Numbers: ER11-3452-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: 2181 Mid-Kansas Electric Company, LLC to Prairie Wind
Transmission Novation to be effective 4/1/2011.
    Filed Date: 04/28/2011.
    Accession Number: 20110428-5318.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 19, 2011.

    Docket Numbers: ER11-3453-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: 2182 Westar and Mid-Kansas Electric Co. to Prairie
Wind Transmission Novation to be effective 4/1/2011.
    Filed Date: 04/28/2011.
    Accession Number: 20110428-5322.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 19, 2011.

    Docket Numbers: ER11-3454-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. in compliance with Section
5.2.2 (e) of Attachment K--Appendix PJM Tariff/Schedule 1 Operating
Agreement the initial allocation of FTRs for the ATSI Zone for the
period June 1, 2011 to May 31, 2012.
    Filed Date: 04/28/2011.
    Accession Number: 20110428-5332.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 19, 2011.

    Docket Numbers: ER11-3455-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: Incorporate Prairie Wind Transmission, LLC Formula
Rate Template to be effective 4/1/2011.
    Filed Date: 04/28/2011.
    Accession Number: 20110428-5334.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 19, 2011.

    Docket Numbers: ER11-3456-000.

    Applicants: Alpha Gas and Electric LLC.
    Description: Alpha Gas and Electric LLC submits tariff filing per
35.13(a)(2)(iii: Market based rate tariff database to be effective 4/
29/2011.
    Filed Date: 04/28/2011.
    Accession Number: 20110428-5338.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 19, 2011.

    Docket Numbers: ER11-3457-000.
    Applicants: Northern Renewable Energy (USA) Ltd.
    Description: Notice of Cancellation of Market-Based Rate FERC
Electric Tariff of Northern Renewable Energy (USA) Ltd.
    Filed Date: 04/28/2011.
    Accession Number: 20110428-5340.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 19, 2011.

    Docket Numbers: ER11-3458-000.
    Applicants: Northern States Power Company, a Wisconsin corporation.
    Description: Northern States Power Company, a Wisconsin corporation
submits tariff filing per 35.13(a)(2)(iii: 295-NSPW Pole License
Agreement to be effective 4/28/2011.
    Filed Date: 04/28/2011.
    Accession Number: 20110428-5350.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 19, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 28, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-10828 Filed 5-3-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Page 24848]
[FR Doc No: E9-12085]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-1131-000]

Palmco Power CT, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

May 18, 2009.
    This is a supplemental notice in the above-referenced proceeding,
of Palmco Power CT, LLC's application for market-based rate authority,
with an accompanying rate schedule, 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 Sec.
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 June 8, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-12085 Filed 5-22-09; 8:45 am]
BILLING CODE 6717-01-P