[Federal Register Volume 79, Number 224 (Thursday, November 20, 2014)]
[Notices]
[Pages 69142-69148]
[FR Doc No: 2014-27442]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73594; File No. SR-BATS-2014-055]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing of a Proposed Rule Change, and Amendment No. 1 Thereto, To
Establish a New Market Data Product Called the BATS One Feed

November 14, 2014.
    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 October 30, 2014, BATS Exchange, Inc. (the ``Exchange'' or ``BATS'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. On November 13, 2014, the Exchange
filed Amendment No. 1 to the proposed rule change. The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange filed a proposal to establish a new market data
product called the BATS One Feed.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.directedge.com/, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to establish a new market data product called
the BATS One Feed. As described more fully below, the BATS One Feed is
a data feed that will disseminate, on a real-time basis, the aggregate
best bid and offer (``BBO'') of all displayed orders for securities
traded on BATS and its affiliated exchanges \3\ (collectively, the
``BATS Exchanges'') and for which the BATS Exchanges report quotes
under the Consolidated Tape Association (``CTA'') Plan or the Nasdaq/
UTP Plan.\4\ The BATS One Feed will also contain the individual last
sale information for BATS and each of its affiliated exchanges. In
addition, the BATS One Feed will contain optional functionality which
will enable recipients to elect to receive aggregated two-sided
quotations from the BATS Exchanges for up to five (5) price levels.
---------------------------------------------------------------------------

    \3\ The Exchange's affiliated exchanges are EDGA Exchange, Inc.
(``EDGA''), EDGX Exchange, Inc. (``EDGX''), and BATS Y-Exchange,
Inc. (``BYX''). On January 31, 2014, Direct Edge Holdings LLC (``DE
Holdings''), the former parent company of the Exchange and EDGA,
completed its business combination with BATS Global Markets, Inc.,
the parent company of BATS and BYX. See Securities Exchange Act
Release No. 71449 (January 30, 2014), 79 FR 6961 (February 5, 2014)
(SR-EDGX-2013-43). Upon completion of the business combination, DE
Holdings and BATS Global Markets, Inc. each became intermediate
holding companies, held under a single new holding company. The new
holding company, formerly named ``BATS Global Markets Holdings,
Inc.,'' changed its name to ``BATS Global Markets, Inc.''
    \4\ The Exchange understands that each of the BATS Exchanges
will separately file substantially similar proposed rule changes
with the Commission to implement the BATS One Feed and its related
fees.
---------------------------------------------------------------------------

    The BATS One Feed offers market data vendors and purchasers a
suitable alternative to the use of consolidated data where consolidated
data are not required to be purchased or displayed. The Exchange
proposes to offer the BATS One Feed voluntarily in response to demand
from vendors, and subscribers that are interested in receiving the
aggregate BBO and last sale information from the BATS Exchanges as part
of a single data feed. Specifically, BATS One can be used by industry
professionals and retail investors looking for a cost effective, easy-
to-administer, high quality market data product with the
characteristics of the BATS One Feed.
    The Exchange believes that the BATS One Feed would provide high-
quality, comprehensive last sale and BBO data for the BATS Exchanges in
a unified

view and respond to subscriber demand for such a product. The Exchange
notes that an anticipated end user might use the BATS One Feed for
purposes of identifying an indicative price of Tape A, B, and C
securities through leveraging the depth and breadth of BATS Exchanges
without having to purchase consolidated data and thus it would not be a
latency-sensitive product. The Exchange does not anticipate that an end
user would, or could, use the BATS One Feed data for purposes of making
order-routing or trading decisions. Rather, the Exchange notes that
under Rule 603 of Regulation NMS, the BATS One Feed could not be
substituted for consolidated data in all instances in which
consolidated data is used and certain subscribers would still be
required to purchase consolidated data for trading and order-routing
purposes.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 242.603(c).
---------------------------------------------------------------------------

    Finally, the proposed BATS One Feed would provide investors with
new options for receiving market data and compete with similar market
data products proposed by the New York Stock Exchange, Inc. (``NYSE'')
and those currently offered by the Nasdaq Stock Market LLC
(``Nasdaq'').\6\ The provision of new options for investors to receive
market data was a primary goal of the market data amendments adopted by
Regulation NMS.\7\
---------------------------------------------------------------------------

    \6\ See Nasdaq Basic, http://www.nasdaqtrader.com/Trader.aspx?id=nasdaqbasic (last visited May 29, 2014) (data feed
offering the BBO and Last Sale information for all U.S. exchange-
listed securities based on liquidity within the Nasdaq market
center, as well as trades reported to the FINRA/Nasdaq Trade
Reporting Facility (``TRF'')); Nasdaq NLS Plus, http://www.nasdaqtrader.com/Trader.aspx?id=NLSplus (last visited July 8,
2014) (data feed providing last sale data as well as consolidated
volume from the following Nasdaq OMX markets for U.S. exchange-
listed securities: Nasdaq, FINRA/Nasdaq TRF, Nasdaq OMX BX, and
Nasdaq OMX PSX); Securities Exchange Act Release No. 72750 (August
4, 2014), 79 FR 46494 (August 8, 2014) (SR-NYSE-2014-40) (Notice of
Filing of Proposed Rule Change Establishing the NYSE Best Quote &
Trades (``BQT'') Data Feed); http://www.nyxdata.com/Data-Products/NYSE-Best-Quote-and-Trades (last visited May 27, 2014) (data feed
providing unified view of BBO and last sale information for the
NYSE, NYSE Arca, and NYSE MKT).
    \7\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, at 37503 (June 29, 2005) (Regulation NMS
Adopting Release).
---------------------------------------------------------------------------

Description of the BATS One Feed
    The BATS One Feed will contain the aggregate BBO of the BATS
Exchanges for all securities that are traded on the BATS Exchanges and
for which the BATS Exchanges report quotes under the CTA Plan or the
Nasdaq/UTP Plan. The aggregate BBO would include the total size of all
orders at the BBO available on all BATS Exchanges.\8\ The BATS One Feed
would also disseminate last sale information for each of the individual
BATS Exchanges (collectively with the aggregate BBO, the ``BATS One
Summary Feed''). The last sale information will include the price,
size, time of execution, and individual BATS Exchange on which the
trade was executed. The last sale message will also include the
cumulative number of shares executed on all BATS Exchanges for that
trading day. The Exchange will disseminate the aggregate BBO of the
BATS Exchanges and last sale information through the BATS One Feed no
earlier than each individual BATS Exchange provides its BBO and last
sale information to the processors under the CTA Plan or the Nasdaq/UTP
Plan.
---------------------------------------------------------------------------

    \8\ The Exchange notes that quotations of odd lot size, which is
generally less than 100 shares, are included in the total size of
all orders at a particular price level in the BATS One Feed but are
currently not reported by the BATS Exchanges to the consolidated
tape.
---------------------------------------------------------------------------

    The BATS One Feed would also consist of Symbol Summary, Market
Status, Retail Liquidity Identifier on behalf of BYX, Trading Status,
and Trade Break messages. The Symbol Summary message will include the
total executed volume across all BATS Exchanges. The Market Status
message is disseminated to reflect a change in the status of one of the
BATS Exchanges. For example, the Market Status message will indicate
whether one of the BATS Exchanges is experiencing a systems issue or
disruption and quotation or trade information from that market is not
currently being disseminated via the BATS One Feed as part of the
aggregated BBO. The Market Status message will also indicate where BATS
Exchange is no longer experiencing a systems issue or disruption to
properly reflect the status of the aggregated BBO.
    The Retail Liquidity Identifier indicator message will be
disseminated via the BATS One Feed on behalf of the BYX only pursuant
to BYX's Retail Price Improvement (``RPI'') Program.\9\ The Retail
Liquidity Identifier indicates when RPI interest priced at least $0.001
better than BYX's Protected Bid or Protected Offer for a particular
security is available in the System. The Exchange proposes to
disseminate the Retail Liquidity Indicator via the BATS One Feed in the
same manner as it is currently disseminated through consolidated data
streams (i.e., pursuant to the Consolidated Tape Association Plan/
Consolidated Quotation Plan, or CTA/CQ, for Tape A and Tape B
securities, and the Nasdaq UTP Plan for Tape C securities) as well as
through proprietary BYX data feeds. The Retail Liquidity Identifier
will reflect the symbol and the side (buy or sell) of the RPI interest,
but does not include the price or size of the RPI interest. In
particular, like CQ and UTP quoting outputs, the BATS One Feed will
include a field for codes related to the Retail Price Improvement
Identifier. The codes indicate RPI interest that is priced better than
BYX's Protected Bid or Protected Offer by at least the minimum level of
price improvement as required by the Program.
---------------------------------------------------------------------------

    \9\ For a description of BYX's RPI Program, see BYX Rule 11.24.
See also Securities Exchange Act Release No. 68303 (November 27,
2012), 77 FR 71652 (December 3, 2012) (SR-BYX-2012-019) (Order
Granting Approval of Proposed Rule Change, as Modified by Amendment
No. 2, to Adopt a Retail Price Improvement Program); Securities
Exchange Act Release No. 67734 (August 27, 2012), 77 FR 53242
(August 31, 2012) (SR-BYX-2019-019) (Notice of Filing of Proposed
Rule Change to Adopt a Retail Price Improvement Program).
---------------------------------------------------------------------------

    The Trade Break message will indicate when an execution on a BATS
Exchange is broken in accordance with the individual BATS Exchange's
rules.\10\ The Trading Status message will indicate the current trading
status of a security on each individual BATS Exchange. For example, a
Trading Status message will be sent when a short sale price restriction
is in effect pursuant to Rule 201 of Regulation SHO (``Short Sale
Circuit Breaker''),\11\ or the security is subject to a trading halt,
suspension or pause declared by the listing market. A Trading Status
message will be sent whenever a security's trading status changes.
---------------------------------------------------------------------------

    \10\ See, e.g., Exchange and EDGA Rule 11.13, Clearly Erroneous
Executions, and BATS and BYX Rule 11.17, Clearly Erroneous
Executions.
    \11\ 17 CFR 242.200(g); 17 CFR 242.201
---------------------------------------------------------------------------

    Optional Aggregate Depth of Book. The BATS One Feed will also
contain optional functionality which will enable recipients to receive
two-sided quotations from the BATS Exchanges for five (5) price levels
for all securities that are traded on the BATS Exchanges in addition to
the BATS One Summary Feed (``BATS One Premium Feed''). For each price
level on one of the BATS Exchanges, the BATS One Premium Feed option of
the BATS One Feed will include a two-sided quote and the number of
shares available to buy and sell at that particular price level.\12\
---------------------------------------------------------------------------

    \12\ Recipients who do not elect to receive the BATS One Premium
Feed will receive the aggregate BBO of the BATS Exchanges under the
BATS Summary Feed, which, unlike the BATS Premium Feed, would not
delineate the size available at the BBO on each individual BATS
Exchange.
---------------------------------------------------------------------------

Implementation Date
    The Exchange anticipates making available the BATS One feed as soon
as

practicable after approval of the proposed rule change by the
Commission and the effectiveness of a rule filing to establish the fees
for BATS One.\13\
---------------------------------------------------------------------------

    \13\ The Exchange intends to file a separate proposal
establishing the fees for BATS One.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed BATS One Feed is consistent
with Section 6(b) of the Act,\14\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\15\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
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 to protect investors and the public
interest, and that it is not designed to permit unfair discrimination
among customers, brokers, or dealers. This proposal is in keeping with
those principles in that it promotes increased transparency through the
dissemination of the BATS One Feed. The Exchange also believes this
proposal is consistent with Section 6(b)(5) of the Act because it
protects investors and the public interest and promotes just and
equitable principles of trade by providing investors with new options
for receiving market data as requested by market data vendors and
purchasers that expressed an interest in exchange-only data for
instances where consolidated data is no longer required to be purchased
and displayed. The proposed rule change would benefit investors by
facilitating their prompt access to real-time last sale information and
best-bid-and-offer information contained in the BATS One Feed.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange also believes that the proposed rule change is
consistent with Section 11(A) of the Act \16\ in that it supports (i)
fair competition among brokers and dealers, among exchange markets, and
between exchange markets and markets other than exchange markets and
(ii) the availability to brokers, dealers, and investors of information
with respect to quotations for and transactions in securities.
Furthermore, the proposed rule change is consistent with Rule 603 of
Regulation NMS,\17\ which provides that any national securities
exchange that distributes information with respect to quotations for or
transactions in an NMS stock do so on terms that are not unreasonably
discriminatory.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78k-1.
    \17\ See 17 CFR 242.603.
---------------------------------------------------------------------------

    In adopting Regulation NMS, the Commission granted self-regulatory
organizations and broker-dealers increased authority and flexibility to
offer new and unique market data to consumers of such data. It was
believed that this authority would expand the amount of data available
to users and consumers of such data and also spur innovation and
competition for the provision of market data. The Exchange believes
that the data products proposed herein are precisely the sort of market
data products that the Commission envisioned when it adopted Regulation
NMS. The Commission concluded that Regulation NMS--by lessening
regulation of the market in proprietary data--would itself further the
Act's goals of facilitating efficiency and competition:

[E]fficiency is promoted when broker-dealers who do not need the
data beyond the prices, sizes, market center identifications of the
NBBO and consolidated last sale information are not required to
receive (and pay for) such data. The Commission also believes that
efficiency is promoted when broker-dealers may choose to receive
(and pay for) additional market data based on their own internal
analysis of the need for such data.\18\
---------------------------------------------------------------------------

    \18\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005) (File No. S7-10-04).

    By removing ``unnecessary regulatory restrictions'' on the ability
of exchanges to sell their own data, Regulation NMS advanced the goals
of the Act and the principles reflected in its legislative history.
    If the free market should determine whether proprietary data is
sold to broker-dealers at all, it follows that the price at which such
data is sold should be set by the market as well. The BATS One Feed is
precisely the sort of market data product that the Commission
envisioned when it adopted Regulation NMS.
    The BATS One Feed would be distributed and purchased on a voluntary
basis, in that neither the BATS Exchanges nor market data distributors
are required by any rule or regulation to make this data available.
Accordingly, distributors and users can discontinue use at any time and
for any reason, including due to an assessment of the reasonableness of
fees charged.
    The Exchange believes that the proposed BATS One Feed will offer an
alternative to the use of consolidated data products and proprietary
data products offered by the NYSE and Nasdaq. Nasdaq Basic is a product
that includes two feeds, QBBO, which provides BBO information for all
U.S. exchange-listed securities on Nasdaq and NLS Plus, which provides
last sale data as well as consolidated volume from the following Nasdaq
OMX markets for U.S. exchange-listed securities: Nasdaq, FINRA/Nasdaq
TRF,\19\ Nasdaq OMX BX, and Nasdaq OMX PSX.\20\ According to Nasdaq,
seven vendors and more than 1,000 firms subscribe to Nasdaq Basic,
including 9 out of 10 of the largest banks.\21\
---------------------------------------------------------------------------

    \19\ See Nasdaq Basic, http://www.nasdaqtrader.com/Trader.aspx?id=nasdaqbasic (last visited May 29, 2014) (data feed
offering the BBO and Last Sale information for all U.S. exchange-
listed securities based on liquidity within the Nasdaq market
center, as well as trades reported to the FINRA/Nasdaq TRF).
    \20\ See Nasdaq NLS Plus, http://www.nasdaqtrader.com/Trader.aspx?id=NLSplus (last visited July 8, 2014) (data feed
providing last sale data as well as consolidated volume from the
following Nasdaq OMX markets for U.S. exchange-listed securities:
Nasdaq, FINRA/Nasdaq TRF, Nasdaq OMX BX, and Nasdaq OMX PSX).
    \21\ See Nasdaq Basic, Doing More with Less, available at http://www.brainshark.com/nasdaqomx/vu?pi=zG8z33O6ozAgBpz0&tx=preview&preview=1 and http://www.nasdaqtrader.com/Trader.aspx?id=nasdaqbasic#vendors.
---------------------------------------------------------------------------

    Likewise, the NYSE has proposed NYSE BQT, which would include the
BBO and last sale information for the NYSE, NYSE Arca, and NYSE
MKT.\22\ The Exchange believes the BATS One Feed will offer a
competitive alternative to the existing Nasdaq Basic product and the
proposed NYSE product.
---------------------------------------------------------------------------

    \22\ See Securities Exchange Act Release No. 72750 (August 4,
2014), 79 FR 46494 (August 8, 2014) (SR-NYSE-2014-40) (Notice of
Filing of Proposed Rule Change Establishing the NYSE BQT Data Feed);
http://www.nyxdata.com/Data-Products/NYSE-Best-Quote-and-Trades
(last visited May 27, 2014) (data feed providing unified view of BBO
and last sale information for the NYSE, NYSE Arca, and NYSE MKT).
---------------------------------------------------------------------------

    In addition, the proposal would not permit unfair discrimination
because the product will be available to all of the Exchange's
customers and market data vendors on an equivalent basis. In addition,
any customer that wishes to purchase one or more of the individual data
feeds offered by the BATS Exchanges would be able to do so.
    In addition, the Exchange does not believe that the proposal would
permit unfair discrimination among customers, brokers, or dealers and
thus is consistent with the Act because the Exchange will be offering
the product on terms that a competing vendor could offer a competing
product. Specifically, the proposed data feed does not represent
Exchange core data, but rather a new product that represents an
aggregation and consolidation of existing, previously filed individual
market data products of the BATS Exchanges. As such, a competing vendor
could similarly obtain the

underlying data feeds and perform a similar aggregation and
consolidation function to create the same data product with the same
latency and cost as the Exchange.
    The Exchange has taken into consideration its affiliated
relationship with EDGA, EDGX, and BATS in its design of the BATS One
Feed to assure that vendors would be able to offer a similar product on
the same terms as the Exchange, both from the perspective of latency
and cost. As discussed above, the Exchange proposes to offer the BATS
One Feed voluntarily in response to demand from vendors, and
subscribers that are interested in receiving the aggregate BBO and last
sale information from the BATS Exchanges as part of a single data feed.
Specifically, BATS One can be used by industry professionals and retail
investors looking for a cost effective, easy-to-administer, high
quality market data product with the characteristics of the BATS One
Feed. The BATS One Feed would help protect a free and open market by
providing vendors and subscribers additional choices in receiving this
type of market data, thus promoting competition and innovation.
    With respect to latency, the path for distribution by the Exchange
of BATS One Feed would not be faster than a vendor that independently
created a BATS One-like product could distribute its own product. As
such, the proposed BATS One data feed is a data product that a
competing vendor could create and sell without being in a disadvantaged
position relative to the Exchange. In recognition that the Exchange is
the source of its own market data and is affiliated with EDGX, EDGA and
BATS, the Exchange represents that the source of the market data it
would use to create the proposed BATS One Feed is available to other
vendors. Specifically, the Exchange would use the following data feeds
to create the proposed BATS One Feed, each of which is available to
other vendors: the EdgeBook Depth feed for EDGX, the EdgeBook Depth
feed for EDGA, the BYX PITCH Feed, and the BATS PITCH Feed. The BATS
Exchanges will continue to make available these individual underlying
feeds, and thus, the source of the market data it would use to create
the proposed BATS One feed is the same as the source available to other
vendors.
    In order to create the BATS One Feed, the Exchange will receive the
individual data feeds from each BATS Exchange and, in turn, aggregate
and summarize that data to create the BATS One Feed. This is the same
process a competing vendor would undergo should it create a market data
product similar to the BATS One Feed to distribute to its end users. In
addition, the servers of most competing vendors are likely located in
the same facilities as the Exchange, and, therefore, should receive the
individual data feed from each BATS Exchange on or about the same time
the Exchange would for it to create the BATS One Feed. Therefore, a
competing vendor that is located in the same facilities as the Exchange
could obtain the underlying data feeds from the BATS Exchanges on the
same latency basis as the system that would be performing the
aggregation and consolidation of the proposed BATS One Feed and provide
the same type of product to its customers with the same latency they
could achieve by purchasing the BATS One Feed from the Exchange. As
such, the Exchange would not have any unfair advantage over competing
vendors with respect to obtaining data from the individual BATS
Exchanges, in fact, the technology supporting the BATS One Feed would
similarly need to obtain the Exchange's data feed as well and even this
connection would be on a level playing field with a competing vendor
located at the same facility as the Exchange. The Exchange has designed
the BATS One data feed so that it would not have a competitive
advantage over a competing vendor with respect to the speed of access
to those underlying data feeds. Likewise, the BATS One data feed would
not have a speed advantage vis-[agrave]-vis competing vendors located
in the same data center as the Exchange with respect to access to end
user customers, whether those end users are also located in the same
data center or not.
    With regard to cost, the Exchange will file a separate rule filing
with the Commission to establish fees for BATS One which would be
designed to ensure that vendors could compete with the Exchange by
creating a similar product as the BATS One Feed. The pricing the
Exchange would charge for the BATS One Feed would not be lower than the
cost to a vendor of receiving the underlying data feeds and of
maintaining servers in the same facility as the Exchange to receive the
data feeds with no greater latency than the Exchange. The pricing the
Exchange would charge clients for the BATS One Feed compared to the
cost of the individual data feeds from the BATS Exchanges would enable
a vendor to receive the underlying data feeds and offer a similar
product on a competitive basis and with no greater latency than the
Exchange. The Distribution Fees that the Exchange intends to propose
for the BATS One Feed would be equal to the combined fee of subscribing
to each individual data feed,\23\ therefore, enabling a vendor to
create a competing product based on the individual data feeds and
charge its clients a fee that it believes reflects the value of the
aggregation and consolidation function that is competitive with BATS
One Feed pricing. The Exchanges believes that the incremental cost to a
particular vendor for aggregation can be supported by the vendor's
revenue opportunity and may be inconsequential if such vendor already
has systems in place to perform these functions as part of creating its
proprietary market data products and is able to allocate these costs
over numerous products and customer relationships. For these reasons,
the Exchange believes that vendors could readily offer a product
similar to the BATS One Feed on a competitive basis at a similar cost.
---------------------------------------------------------------------------

    \23\ The combined external distribution fee for the individual
data feeds of the BATS Exchanges is $12,500.00 per month. The
monthly external distribution fee is $2,500 per month for the
EdgeBook Depth feed for the Exchange, $2,500 per month for the
EdgeBook Depth feed for EDGA, $2,500 for the BYX PITCH Feed, and
$5,000 for the BATS PITCH Feed.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Because other exchanges already offer similar products,\24\ the
Exchange's proposed BATS One Feed will enhance competition.
Specifically, the BATS One Feed was developed to compete with similar
market data products offered by Nasdaq and proposed by the NYSE.\25\
The BATS One Feed will foster competition by providing an alternative
market data product to those offered by Nasdaq and the NYSE. This
proposed new data feed provides investors with new options for
receiving market data, which was a primary goal of the market data
amendments adopted by Regulation NMS.\26\
---------------------------------------------------------------------------

    \24\ See supra note 6.
    \25\ Id.
    \26\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, at 37503 (June 29, 2005) (Regulation NMS
Adopting Release).
---------------------------------------------------------------------------

    The proposed BATS One Feed would enhance competition by offering a
market data product that is designed to compete directly with similar
products offered by the NYSE and Nasdaq. Nasdaq Basic is a product that
includes two feeds, QBBO, which provides BBO information for all U.S.
exchange-listed securities on Nasdaq and NLS Plus, which provides last
sale data as well as

consolidated volume from the following Nasdaq OMX markets for U.S.
exchange-listed securities: Nasdaq, FINRA/Nasdaq TRF,\27\ Nasdaq OMX
BX, and Nasdaq OMX PSX.\28\ Likewise, NYSE BQT includes BBO and last
sale information for the NYSE, NYSE Arca, and NYSE MKT.\29\ As a
result, Nasdaq Basic and NYSE BQT comprise a significant view of the
market on any given day and both include data from multiple trading
venues. As the BATS Exchanges are consistently one of the top exchange
operators by market share for U.S. equities trading, excluding opening
and closing auction volume, the data included within the BATS One Feed
will provide investors with an alternative to Nasdaq Basic and NYSE BQT
and a new option for obtaining a broad market view, consistent with the
primary goal of the market data amendments adopted by Regulation
NMS.\30\
---------------------------------------------------------------------------

    \27\ See Nasdaq Basic, http://www.nasdaqtrader.com/Trader.aspx?id=nasdaqbasic (last visited May 29, 2014) (data feed
offering the BBO and Last Sale information for all U.S. exchange-
listed securities based on liquidity within the Nasdaq market
center, as well as trades reported to the FINRA/Nasdaq TRF).
    \28\ See Nasdaq NLS Plus, http://www.nasdaqtrader.com/Trader.aspx?id=NLSplus (last visited July 8, 2014) (data feed
providing last sale data as well as consolidated volume from the
following Nasdaq OMX markets for U.S. exchange-listed securities:
Nasdaq, FINRA/Nasdaq TRF, Nasdaq OMX BX, and Nasdaq OMX PSX).
    \29\ See Securities Exchange Act Release No. 72750 (August 4,
2014), 79 FR 46494 (August 8, 2014) (SR-NYSE-2014-40) (Notice of
Filing of Proposed Rule Change Establishing the NYSE BQT Data Feed);
http://www.nyxdata.com/Data-Products/NYSE-Best-Quote-and-Trades
(last visited May 27, 2014) (data feed providing unified view of BBO
and last sale information for the NYSE, NYSE Arca, and NYSE MKT).
    \30\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, at 37503 (June 29, 2005) (Regulation NMS
Adopting Release).
---------------------------------------------------------------------------

    The Exchange believes the BATS One Feed will further enhance
competition by providing External Distributors with a data feed that
allows them to more quickly and efficiently integrate into their
existing products. Today, Distributors subscribe to various market data
products offered by single exchanges and resell that data, either
separately or in the aggregate, to their subscribers as part of the
their own market data offerings. Distributors may incur administrative
costs when consolidating and augmenting the data to meet their
subscriber's need. Consequently, many External Distributors will simply
choose to not take the data because of the effort and cost required to
aggregate data from separate feeds into their existing products. Those
same Distributors have expressed interest in the BATS One Feed so that
they may easily incorporate aggregated or summarized BATS Exchange data
into their own products without themselves incurring the costs of the
repackaging and aggregating the data it would receive by subscribing to
each market data product offered by the individual BATS Exchanges. The
Exchange, therefore, believes that by providing market data that
encompasses combined data from affiliated exchanges, the Exchange
enables certain External Distributors with the ability to compete in
the provision of similar content with other External Distributors,
where they may not have done so previously if they were required to
subscribe to the depth-of-book feeds from each individual BATS
Exchange.
    Although the Exchange considers the acceptance of the BATS One Feed
by External Distributors as important to the success of the product,
depending on their needs, External Distributors may choose not to
subscribe to the BATS One Feed and may rather receive the BATS Exchange
individual market data products and incorporate them into their
specific market data products. For example, the BATS Premium Feed
provides depth-of-book information for up to five price levels while
each of the BATS Exchange's individual data feeds offer complete depth-
of-book and are not limited to five price levels.\31\ Those subscribers
who wish to view the complete depth-of-book from each individual BATS
Exchange may prefer to subscribe to one or all of individual BATS
Exchange depth-of-book data feeds instead of the BATS One Feed. The
BATS One Feed simply provides another option for Distributors to choose
from when selecting a product that meets their market data needs.
Subscribers who seek a broader market view but do not need complete
depth-of- book may select the BATS One Feed while subscribers that seek
the complete depth-of-book information may subscribe to the depth-of-
book feeds of each individual BATS Exchanges.
---------------------------------------------------------------------------

    \31\ See EDGA Rule 13.8, EDGX Rule 13.8, BZX Rule 11.22(a) and
(c), and BYX Rule 11.22 (a) and (c) for a description of the depth
of book feeds offered by each of the BATS Exchanges.
---------------------------------------------------------------------------

    Exchange Not the Exclusive Distributor of BATS One. Although the
BATS Exchanges are the exclusive distributors of the individual data
feeds from which certain data elements would be taken to create the
BATS One Feed, the Exchange would not be the exclusive distributor of
the aggregated and consolidated information that would compose the
proposed BATS One Feed. Vendors would be able, if they chose, to create
a data feed with the same information as the BATS One Feed and
distribute it to their clients on a level-playing field with respect to
latency and cost as compared to the Exchange's proposed BATS One Feed.
The pricing the Exchange would charge for the BATS One Feed would not
be lower than the cost to a vendor of receiving the underlying data
feeds and of maintaining servers in the same facility as the Exchange
to receive the data feeds with no greater latency than the Exchange. In
addition, the pricing the Exchange would charge clients for the BATS
One Feed compared to the cost of the individual data feeds from the
BATS Exchanges would enable a vendor to receive the underlying data
feeds and offer a similar product on a competitive basis and with no
greater latency than the Exchange.
    Latency. The BATS One Feed is not intended to compete with similar
products offered by External Distributors. Rather, it is intended to
assist External Distributors in incorporating aggregated and summarized
data from the BATS Exchanges into their own market data products that
are provided to the end user. Therefore, Distributors will receive the
data, who will, in turn, make available BATS One Feed to their end
users, either separately or as incorporated into the various market
data products they provide. As stated above, Distributors have
expressed a desire for a product like the BATS One Feed so that they
may easily incorporate aggregated or summarized BATS Exchange data into
their own products without themselves incurring the administrative
costs of repackaging and aggregating the data it would receive by
subscribing to each market data product offered by the individual BATS
Exchanges.
    Notwithstanding the above, the Exchange believes that External
Distributors may create a product similar to BATS One Feed based on the
market data products offered by the individual BATS Exchanges with no
greater latency than the Exchange. As discussed above, in order to
create the BATS One Feed, the Exchange will receive the individual data
feeds from each BATS Exchange and, in turn, aggregate and summarize
that data to create the BATS One Feed. This is the same process an
External Distributor would undergo should it create a market data
product similar to the BATS One Feed to distribute to its end users. In
addition, the servers of most External Distributors are likely located
in the same facilities as the Exchange, and, therefore, should receive
the individual data feed from each BATS Exchange on

or about the same time the Exchange would for it to create the BATS One
Feed.
    The Exchange has designed the BATS One data feed so that it would
not have a competitive advantage over a competing vendor with respect
to the speed of access to those underlying data feeds. Likewise, the
BATS One data feed would not have a speed advantage vis-[agrave]-vis
competing vendors located in the same data center as the Exchange with
respect to access to end user customers, whether those end users are
also located in the same data center or not. Therefore, the Exchange
believes that it will not incur any potential latency advantage that
will result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.
    Cost. With regard to cost, the Exchange will file a separate rule
filing with the Commission to establish fees for BATS One that would be
designed to ensure that vendors could compete with the Exchange by
creating a similar product as the BATS One Feed. The pricing the
Exchange would charge clients for the BATS One Feed compared to the
cost of the individual data feeds from the BATS Exchanges would enable
a vendor to receive the underlying data feeds and offer a similar
product on a competitive basis and with no greater latency than the
Exchange. The Distribution Fees that the Exchange proposes for the BATS
One Feed are equal to the combined fee of subscribing to each
individual data feed,\32\ therefore, enabling a vendor to create a
competing product based on the individual data feeds and charge its
clients a fee that it believes reflects the value of the aggregation
and consolidation function that is competitive with BATS One Feed
pricing. The Exchanges believes that the incremental cost to a
particular vendor for aggregation can be supported by the vendor's
revenue opportunity and may be inconsequential if such vendor already
has systems in place to perform these functions as part of creating its
proprietary market data products and is able to allocate these costs
over numerous products and customer relationships. For these reasons,
the Exchange believes that vendors could readily offer a product
similar to the BATS One Feed on a competitive basis at a similar cost.
---------------------------------------------------------------------------

    \32\ See supra note 22.
---------------------------------------------------------------------------

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

    A similar proposed rule change was initially filed with the
Commission on July 18, 2014 and published for comment in the Federal
Register on August 1, 2014.\33\ The Commission received no comment
letters in response to that proposed rule change. However, three
letters were submitted to the Commission commenting on a companion BATS
and EDGA filings that propose to offer the same feed.\34\ On September
15, 2014, the Commission extended its review period until October 30,
2014.\35\ On October 29, 2014, the Exchange withdrew the initial
proposed rule change. The points raised by the Themis Letter and Shatto
Letter are either not responsive to the issues raised in the proposal
or aimed at existing elements of U.S. market structure that have been
previously approved by the Commission.
---------------------------------------------------------------------------

    \33\ See Securities Exchange Act Release No. 72690 (July 28,
2014), 79 FR 44929 (August 1, 2014) (SR-BYX-2014-011).
    \34\ But see Letter from Sal Arnuk and Joe Saluzzi, Themis
Trading LLC, to Elizabeth M. Murphy, Secretary, Commission, dated
August 21, 2014 (SR-BATS-2014-028) (``Themis Letter''); Letter from
Ira D. Hammerman, General Counsel, SIFMA, to Kevin O'Neill, Deputy
Secretary, Commission, dated August 22, 2014 (SR-BATS-2014-028)
(``SIFMA Letter'') (letters commenting on companion BATS filing that
proposes to offer the same feed); and Letter from Suzanne Hamlet
Shatto to the Commission, dated August 19, 2014 (SR-EDGA-2014-16)
(``Shatto Letter'') (letter commenting on companion EDGA filing that
proposes to offer the same feed).
    \35\ See Securities Exchange Act Release No. 73102 (September
15, 2014), 79 FR 56419 (September 19, 2014).
---------------------------------------------------------------------------

    The thrust of the SIFMA Letter is aimed at the proposed fees which
are being removed from this proposed rule change and are to be filed
with the Commission via a separate rule filing. While the SIFMA Letter
correctly states that the Exchange has marketed the BATS One Feed since
August 1, 2014, the SIFMA Letter incorrectly asserts that the Exchange
has offered the BATS One Feed since that same date. All of the
Exchange's marketing materials have included statements that the BATS
One Feed's implementation was pending to SEC approval, and at no point
has the Exchange offered the BATS One product for any use other than
for testing and certification.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days of such
date (i) as the Commission may designate if it finds such longer period
to be appropriate and publishes its reasons for so finding or (ii) as
to which the Exchange consents, the Commission shall:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2014-055 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-BATS-2014-055. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of BATS. 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-
BATS-2014-055 and should be submitted on or before December 11, 2014].

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\36\
---------------------------------------------------------------------------

    \36\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-27442 Filed 11-19-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Notices]
[Pages 23019-23023]
[FR Doc No: 2017-10180]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-B-1709]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before August 17, 2017.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location and the respective Community Map Repository address listed in
the tables below. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1709, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be

considered before the FIRM and FIS report become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location and
the respective Community Map Repository address listed in the tables.
For communities with multiple ongoing Preliminary studies, the studies
can be identified by the unique project number and Preliminary FIRM
date listed in the tables. Additionally, the current effective FIRM and
FIS report for each community are accessible online through the FEMA
Map Service Center at www.msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: April 25, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

    I. Watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
                             Boeuf Watershed
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
            Franklin Parish, Louisiana and Incorporated Areas
------------------------------------------------------------------------
City of Winnsboro......................  City Hall, Mayor's Office, 3814
                                          Front Street, Winnsboro, LA
                                          71295.
Town of Wisner.........................  Mayor's Office, 9530 Natchez
                                          Street, Wisner, LA 71378.
Unincorporated Areas of Franklin Parish  Franklin Parish, Court House,
                                          Police Jury Office, 6558 Main
                                          Street, Winnsboro, LA 71295.
Village of Baskin......................  Mayor's Office, 1325 Highway
                                          15, Baskin, LA 71219.
Village of Gilbert.....................  Mayor's Office, 7564 Gilbert
                                          Street, Gilbert, LA 71336.
------------------------------------------------------------------------
                       Lower Cumberland Watershed
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
            Caldwell County, Kentucky and Incorporated Areas
------------------------------------------------------------------------
City of Fredonia.......................  City Hall, 312 Cassidy Avenue,
                                          Fredonia, KY 42411.
City of Princeton......................  City Hall, 206 East Market
                                          Street, Princeton, KY 42445.
Unincorporated Areas of Caldwell County  Caldwell County Courthouse, 100
                                          East Market Street, Princeton,
                                          KY 42445.
------------------------------------------------------------------------
            Christian County, Kentucky and Incorporated Areas
------------------------------------------------------------------------
City of Hopkinsville...................  Christian County Community
                                          Development Services, 710
                                          South Main Street,
                                          Hopkinsville, KY 42240.
Unincorporated Areas of Christian        Christian County Community
 County.                                  Development Services, 710
                                          South Main Street,
                                          Hopkinsville, KY 42240.
------------------------------------------------------------------------
           Crittenden County, Kentucky and Incorporated Areas
------------------------------------------------------------------------
Unincorporated Areas of Crittenden       Crittenden County Courthouse,
 County.                                  Clerk's Office, 107 South Main
                                          Street, Suite 203, Marion, KY
                                          42064.
------------------------------------------------------------------------
           Livingston County, Kentucky and Incorporated Areas
------------------------------------------------------------------------
City of Smithland......................  City Hall, 310 Wilson Avenue,
                                          Smithland, KY 42081.
Unincorporated Areas of Livingston       Livingston County Offices and
 County.                                  Library, 321 Court Street,
                                          Smithland, KY 42081.
------------------------------------------------------------------------
              Trigg County, Kentucky and Incorporated Areas
------------------------------------------------------------------------
City of Cadiz..........................  City Hall, 63 Main Street,
                                          Cadiz, KY 42211.
Unincorporated Areas of Trigg County...  Trigg County Courthouse Annex,
                                          38 Main Street, Suite 101,
                                          Cadiz, KY 42211.
------------------------------------------------------------------------
                           Santa Fe Watershed
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
             Alachua County, Florida and Incorporated Areas
------------------------------------------------------------------------
City of Alachua........................  City Hall, 15100 Northwest
                                          142nd Terrace, Alachua, FL
                                          32615.
City of Gainesville....................  Public Works Department, 405
                                          Northwest 39th Avenue,
                                          Gainesville, FL 32609.

City of Waldo..........................  City Hall, 14655 Kennard
                                          Street, Waldo, FL 32694.
Unincorporated Areas of Alachua County.  Alachua County Public Works
                                          Department, Engineering and
                                          Operations, 5620 Northwest
                                          120th Lane, Gainesville, FL
                                          32653.
------------------------------------------------------------------------
             Bradford County, Florida and Incorporated Areas
------------------------------------------------------------------------
City of Starke.........................  City Clerk's Office, 209 North
                                          Thompson Street, Starke, FL
                                          32091.
Unincorporated Areas of Bradford County  Bradford County Building and
                                          Zoning Department, 945F North
                                          Temple Avenue, Starke, FL
                                          32091.
------------------------------------------------------------------------
              Union County, Florida and Incorporated Areas
------------------------------------------------------------------------
City of Lake Butler....................  City Hall, 200 Southwest 1st
                                          Street, Lake Butler, FL 32054.
Town of Worthington Springs............  Community Center, 11933
                                          Southwest 36th Drive,
                                          Worthington Springs, FL 32054.
Unincorporated Areas of Union County...  Union County Building
                                          Department, 15277 Southwest
                                          84th Street, Lake Butler, FL
                                          32054.
------------------------------------------------------------------------
                        Upper Suwannee Watershed
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
             Columbia County, Florida and Incorporated Areas
------------------------------------------------------------------------
City of Lake City......................  City Hall, 205 North Marion
                                          Avenue, Lake City, FL 32055.
Unincorporated Areas of Columbia County  Columbia County Public Works
                                          Department, 607 Northwest
                                          Quinten Street, Lake City, FL
                                          32055.
------------------------------------------------------------------------

    II. Non-watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Pulaski County, Arkansas and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
        Project: 16-06-3876S Preliminary Date: November 30, 2016
------------------------------------------------------------------------
City of Jacksonville...................  City Hall, 1 Municipal Drive,
                                          Jacksonville, AR 72076.
City of Little Rock....................  Public Works Administration
                                          Building, 701 West Markham
                                          Street, Little Rock, AR 72201.
Unincorporated Areas of Pulaski County.  Pulaski County Public Works,
                                          3200 Brown Street, Little
                                          Rock, AR 72204.
------------------------------------------------------------------------
            Arapahoe County, Colorado and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
Project: 14-08-1281S Preliminary Date: June 30, 2016 and October 4, 2016
------------------------------------------------------------------------
City of Aurora.........................  Public Works Department, 15151
                                          East Alameda Parkway, Suite
                                          3200, Aurora, CO 80012.
City of Centennial.....................  Southeast Metro Stormwater
                                          Authority, 7437 South Fairplay
                                          Street, Centennial, CO 80112.
City of Glendale.......................  City of Glendale Clerk, 950
                                          South Birch Street, Glendale,
                                          CO 80246.
City of Littleton......................  Public Works Department, 2255
                                          West Berry Avenue, Littleton,
                                          CO 80120.
Unincorporated Areas of Arapahoe County  Arapahoe County Department of
                                          Public Works and Development,
                                          6924 South Lima Street,
                                          Centennial, CO 80112.
------------------------------------------------------------------------
                   City and County of Denver, Colorado
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
Project: 14-08-1281S Preliminary Date: June 30, 2016 and October 4, 2016
------------------------------------------------------------------------
City and County of Denver..............  Public Works Department, 201
                                          West Colfax Avenue, Department
                                          507, Denver, CO 80202.
------------------------------------------------------------------------

             Douglas County, Colorado and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
          Project: 14-08-1281S Preliminary Date: June 30, 2016
------------------------------------------------------------------------
City of Lone Tree......................  Public Works Department, 9222
                                          Teddy Lane, Lone Tree, CO
                                          80124.
Town of Parker.........................  Town Hall, 20120 East
                                          Mainstreet, Parker, CO 80138.
Unincorporated Areas of Douglas County.  Douglas County Department of
                                          Public Works Engineering, 100
                                          3rd Street, Castle Rock, CO
                                          80104.
------------------------------------------------------------------------
            St. Johns County, Florida and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
           Project: 11-04-1762S Preliminary Date: May 16, 2016
------------------------------------------------------------------------
City of St. Augustine..................  City Hall, Planning and
                                          Building Department, 75 King
                                          Street, St. Augustine, FL
                                          32084.
City of St. Augustine Beach............  City Hall, Building Department,
                                          2200 A1A South, St. Augustine
                                          Beach, FL 32080.
Town of Hastings.......................  HHS Community Building, 6195
                                          South Main Street, Suite A,
                                          Hastings, FL 32145.
Unincorporated Areas of St. Johns        St. Johns County Permit Center,
 County.                                  4040 Lewis Speedway, St.
                                          Augustine, FL 32084.
------------------------------------------------------------------------
           Assumption Parish, Louisiana and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
        Project: 16-06-0712S Preliminary Date: November 30, 2016
------------------------------------------------------------------------
Town of Napoleonville..................  City Hall, 4813 Highway 1, 1st
                                          Floor, Napoleonville, LA
                                          70390.
Unincorporated Areas of Assumption       Assumption Parish Office of
 Parish.                                  Homeland Security and
                                          Emergency Preparedness, 105
                                          Dr. Martin Luther King Drive,
                                          Napoleonville, LA 70390.
------------------------------------------------------------------------
          West Carroll Parish, Louisiana and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
        Project: 12-06-0898S Preliminary Date: September 29, 2016
------------------------------------------------------------------------
Town of Oak Grove......................  Town Hall, 407 East Main
                                          Street, Oak Grove, LA 71263.
Unincorporated Areas of West Carroll     West Carroll Parish Office of
 Parish.                                  Homeland Security and
                                          Emergency Preparedness, 310
                                          Skinner Lane, Oak Grove, LA
                                          71263.
Village of Epps........................  Epps Town Hall, 120 Maple
                                          Street, Epps, LA 71237.
Village of Forest......................  Forest Community Center, 137
                                          Walnut Street, Forest, LA
                                          71242.
Village of Kilbourne...................  Village Hall, 125 Carnell
                                          Street, Kilbourne, LA 71253.
Village of Pioneer.....................  Village Hall, 318 Cherry
                                          Street, Pioneer, LA 71266.
------------------------------------------------------------------------
             Butler County, Pennsylvania (All Jurisdictions)
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
  Project: 06-03-A623S Preliminary Date: March 12, 2010 and October 15,
                                  2015
------------------------------------------------------------------------
Borough of Saxonburg...................  Borough Office, 420 West Main
                                          Street, Saxonburg, PA 16056.
------------------------------------------------------------------------
               Brown County, Texas and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
Project: 16-06-0793S Preliminary Date: August 26, 2015 and September 30,
                                  2016
------------------------------------------------------------------------
City of Brownwood......................  Engineering Office, 501 Center
                                          Avenue, Brownwood, TX 76804.
City of Early..........................  City Hall, 960 Early Boulevard,
                                          Early, TX 76802.
Unincorporated Areas of Brown County...  Brown County Building
                                          Inspector's Office, 200 South
                                          Broadway Street, Suite 322,
                                          Brownwood, TX 76801.
------------------------------------------------------------------------

              Calhoun County, Texas and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
          Project: 15-06-0621S Preliminary Date: June 17, 2016
------------------------------------------------------------------------
Unincorporated Areas of Calhoun County.  Calhoun County Courthouse, 211
                                          South Ann Street, Port Lavaca,
                                          TX 77979.
------------------------------------------------------------------------

[FR Doc. 2017-10180 Filed 5-18-17; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53263-53264]
[FR Doc No: 2016-18996]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-5386; Airspace Docket No. 16-AGL-12]

Establishment of Class E Airspace; Platte, SD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E en route domestic airspace in
the Platte, SD, area. Controlled airspace is necessary at Platte
Municipal Airport to facilitate vectoring of Instrument Flight Rules
(IFR) aircraft under control of Minneapolis Air Route Traffic Control
Center (ARTCC). This action enhances the safety and management of IFR
operations within the National Airspace System (NAS).

DATES: Effective 0901 UTC, November 10, 2016. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/airtraffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Raul Garza, Jr., Central Service
Center, Operations Support Group, Federal Aviation Administration,
Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177;
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 establishes controlled airspace at Platte Municipal Airport,
Platte, SD.

History

    On May 6, 2016, the FAA published in the Federal Register a notice
of proposed rulemaking (NPRM) to establish Class E Airspace in the
Platte, SD area. (81 FR 27355) Docket No. FAA-2016-5386. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. One comment in
support of the proposal was received from the National Business
Aviation Association.
    Class E airspace designations are published in paragraph 6006 of
FAA Order 7400.9Z dated August 6, 2015, and effective September 15,
2015, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Z, airspace Designations and
Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B,
C, D, and E airspace areas, air traffic service routes, and reporting
points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 1,200 feet
above the surface within a 75-mile radius of Platte Municipal Airport,
Platte, SD, to facilitate vectoring of IFR aircraft under control of
Minneapolis ARTCC. Controlled airspace is needed for the safety and
management of IFR operations within the NAS.
    Class E airspace designations are published in Paragraph 6006 of
FAA Order 7400.9Z, dated August 6, 2015, and effective September 15,
2015, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

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 only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially

significant environmental impacts, and no extraordinary circumstances
exists that warrant preparation of an environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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 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 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015,
effective September 15, 2015, is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

AGL SD E6 Platte, SD [New]

Platte Municipal Airport
    (Lat. 43[deg]24'17'' N., long. 098[deg]49'50'' W.)

    That airspace extending upward from 1,200 feet above the surface
within a 75-mile radius of Platte Municipal Airport.

    Issued in Fort Worth, TX, on July 29, 2016.
Robert W. Beck,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-18996 Filed 8-11-16; 8:45 am]
 BILLING CODE 4910-13-P