[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Notices]
[Pages 13778-13780]
[FR Doc No: 2021-04910]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91256; File No. SR-MEMX-2021-03]

Self-Regulatory Organizations; MEMX LLC; Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change To Amend Exchange
Rule 11.6(h)(1) To Enable Users To Include a Limit Price on a Pegged
Order With a Primary Peg Instruction

March 4, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 24, 2021, MEMX LLC (``MEMX'' 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 Exchange. The Exchange filed the
proposal as a ``non-controversial'' proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6)
thereunder.\4\ The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing with the Commission a proposed rule change
to amend Exchange Rule 11.6(h)(1) to enable Users \5\ to include a
limit price on a Pegged Order \6\ with a Primary Peg instruction.\7\
The text of the proposed rule change is provided in Exhibit 5.
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    \5\ As defined in Exchange Rule 1.5(jj), a ``User'' is a member
of the Exchange (``Member'') or sponsored participant of a Member
who is authorized to obtain access to the System pursuant to
Exchange Rule 11.3. As defined in Exchange Rule 1.5(gg), the
Exchange's ``System'' is the electronic communications and trading
facility designated by the Board through which securities orders of
Users are consolidated for ranking, execution and, when applicable,
routing.
    \6\ Pegged Orders are described in Exchange Rules 11.6(h) and
11.8(c) and generally defined as an order that is pegged to a
reference price and automatically re-prices in response to changes
in the NBBO. The two types of peg instructions for Pegged Orders
are: (1) Primary Peg, which pegs to the NBB (NBO) for buy (sell)
orders; and (2) Midpoint Peg, which pegs to the midpoint of the
NBBO.
    \7\ A Primary Peg instruction is an instruction that may be
placed on a Pegged Order that instructs the Exchange to peg the
order to the NBB, for a buy order, or the NBO, for a sell order. A
User may, but is not required to, select an offset equal to or
greater than $0.01 above or below the NBB or NBO that the order is
pegged to. See Exchange Rule 11.6(h)(1).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    Currently, Exchange Rule 11.6(h)(1) provides that a User submitting
a Pegged Order with a Primary Peg instruction may not include a limit
price on such order.\8\ In contrast, Exchange Rule 11.6(h)(2) provides
that a User submitting a Pegged Order with a Midpoint Peg instruction
may, but is not required to, include a limit price on such order. The
Exchange therefore currently has different functionality with respect
to a User's ability to include a limit price on a Pegged Order with a
Primary Peg instruction and a Pegged Order with a Midpoint Peg
instruction in that Users may only include a limit price on the latter.
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    \8\ As initially adopted, Exchange Rule 11.6(h)(1) was silent as
to whether a User submitting a Pegged Order with a Primary Peg
instruction may include a limit price on such order. The Exchange
interpreted the Rule's silence in this regard to mean that a limit
price may not be included on such orders, which was the intended
functionality for such orders at the time of the Exchange's initial
launch. However, after receiving inquiries from Users as to whether
a limit price may be included on such orders, prior to commencing
operations the Exchange adopted a change to Exchange Rule 11.6(h)(1)
to expressly state that a User submitting a Pegged Order with a
Primary Peg instruction may not include a limit price on such order.
The purpose of this change was therefore to make Exchange Rule
11.6(h)(1) more clearly reflect the intended and actual
functionality. See Securities Exchange Act Release No. 89581 (August
17, 2020), 85 FR 51799 (August 21, 2020) (SR-MEMX-2020-04).
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    The Exchange now proposes to enable a User submitting a Pegged
Order with a Primary Peg instruction to include a limit price on such
order. The purpose of the proposed change is to align the functionality
with respect to a User's ability to include a limit price for the two
types of peg instructions for Pegged Orders (i.e., Primary Peg and
Midpoint Peg), as the Exchange believes there should be no distinction
with respect to this functionality for such orders. Thus, the language
of the proposed change is based on and mirrors the relevant language
applicable to Pegged Orders with a Midpoint Peg instruction set forth
in Exchange Rule 11.6(h)(2) and, accordingly, provides that a User
submitting a Pegged Order with a Primary Peg instruction may, but is
not required to, include a limit price on such order.
    The Exchange notes that by enabling a User to include a limit price
on a Pegged Order with a Primary Peg instruction, the User is able to
establish an additional risk protection in the form of a specified
price limitation, which the Exchange believes would help to minimize
the risk of executions of such orders at unintended price levels,
thereby promoting the operation of a fair and orderly market.
Accordingly, as Users would have greater flexibility in establishing a
price limitation with respect to such orders, the Exchange believes
that the proposed change would result in Users sending additional
Pegged Orders with a Primary Peg instruction to the Exchange, which
would deepen the liquidity on the Exchange to the benefit of all Users.
The Exchange also notes that the proposed change to enable Users to
include a limit price on a Pegged Order with a Primary Peg instruction
is consistent with the existing functionality of other exchanges.\9\
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    \9\ See, e.g., Cboe EDGX Exchange, Inc. (``EDGX'') Rule
11.8(b)(9), which provides that pegged functionality (including a
primary peg instruction similar to the Exchange's Primary Peg
instruction) is available for limit orders that are posted to the
EDGX book; The Nasdaq Stock Market LLC (``Nasdaq'') Rule 4703(d),
which generally permits an order with pegging (including primary
pegging similar to the Exchange's Primary Peg instruction) to
specify a limit price beyond which the order may not be executed.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) of the Act,\10\ which requires, among other
things, that the Exchange's rules must be 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, and, in general, to protect investors and the public
interest, and Section 6(b)(8) of the Act,\11\ which requires that the
Exchange's rules not impose any burden on competition that is not
necessary or appropriate.
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    \10\ 15 U.S.C. 78f(b)(5).
    \11\ 15 U.S.C. 78f(b)(8).
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    As noted above, the proposed change is intended to align the
functionality for Pegged Orders with a Primary Peg instruction with the
functionality for Pegged Orders with a Midpoint Peg instruction with
respect to enabling a User to include a limit price on such orders, as
the Exchange believes there should be no distinction with respect to
this functionality for such orders. The Exchange believes that the
proposed change is appropriate and consistent with the Act as the
Exchange believes that enabling Users to establish additional risk
protection in the form of a specified price limitation for Pegged
Orders with a Primary Peg instruction would help to minimize the risk
of executions of such orders at unintended price levels, which the
Exchange believes would promote just and equitable principles of trade,
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, protect investors
and the public interest. The Exchange further believes that enabling
Users to include a limit price on a Pegged Order with a Primary Peg
instruction is appropriate and consistent with the Act as the Exchange
believes that its Users would want to utilize this functionality,
thereby resulting in additional liquidity in the form of Pegged Orders
with a Primary Peg instruction being sent to the Exchange, which would
deepen the liquidity on the Exchange to the benefit of all Users.
    Furthermore, the proposed change would make the Exchange's
functionality consistent with the functionality of certain other
exchanges with respect to a User's ability to include a limit price on
Pegged Orders with a Primary Peg instruction,\12\ which the Exchange
believes would promote just and equitable principles of trade, remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, would protect investors and
the public interest.
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    \12\ See supra note 9.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change would
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
reiterates that the proposed rule change would make the functionality
with respect to a User's ability to include a limit price on Pegged
Orders with a Primary Peg instruction consistent with the functionality
of other exchanges.\13\ The Exchange believes that the proposed rule
change would not burden intramarket competition because the ability to
include a limit price on Pegged Orders with a Primary Peg instruction
would be applicable to all Users. The Exchange also believes that the
proposed rule change would not burden, but rather increase, intermarket
competition as the Exchange believes that enabling Users to include a
limit price on Pegged Orders with a Primary Peg instruction would
ultimately enable the Exchange to better compete with other exchanges
that offer this same functionality. Thus, the Exchange believes that
the proposed rule change would facilitate fair competition among
national securities exchanges.
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    \13\ See supra note 9.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing 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) of the Act \14\ and Rule 19b-
4(f)(6) \15\ thereunder.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice its 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 complied with this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative for 30 days after the date of its filing.
However, Rule 19b-4(f)(6)(iii) \17\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has asked the
Commission to waive the 30-day operative delay. The Exchange states
that waiver of the operative delay would allow the Exchange to begin
accepting Pegged Orders with a Primary Peg instruction that include a
limit price as soon as practicable,\18\ thus benefitting Users and
investors by sooner offering functionality that enables Users to
establish an additional risk protection in the form of a specified
price limitation for such orders. The Exchange believes this would help
to minimize the risk of executions of such orders at unintended price
levels, thereby promoting the operation of a fair and orderly market.
In addition, the Exchange states that the proposed rule change merely
seeks to align the functionality for Pegged Orders with a Primary Peg
instruction with the functionality for Pegged Orders with a Midpoint
Peg instruction with respect to a User's ability to include a limit
price on such orders. The Commission believes waiver of the operative
delay will provide Users with an optional additional risk protection
tool, permitting them to set a limit price for Pegged Orders with a
Primary Peg instruction if they choose, without unnecessary delay. The
Commission further believes that the proposed functionality is
consistent with the functionality of other exchanges \19\ and thus does
not raise any new or novel issues. For these reasons, the Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest. Accordingly, the
Commission waives the operative delay and designates the proposed rule
change operative upon filing.\20\
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    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ In its filing, the Exchange stated that it plans to
implement the proposed rule change on or about March 15, 2021.
    \19\ See, e.g., supra note 9.
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the

Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule change should be
approved or 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-MEMX-2021-03 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-MEMX-2021-03. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MEMX-2021-03, and should be submitted on
or before March 31, 2021.
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    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-04910 Filed 3-9-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Notices]
[Pages 29438-29440]
[FR Doc No: 2012-11925]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66970; File No. SR-EDGX-2012-17]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Amendments to the EDGX Exchange, Inc. Fee Schedule

May 11, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 1, 2012 the EDGX Exchange, Inc. (the ``Exchange'' or the
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its fees and rebates applicable to
Members \3\ of the Exchange pursuant to EDGX Rule 15.1(a) and (c). All
of the changes described herein are applicable to EDGX Members. The
text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.directedge.com, at the Exchange's
principal office, and at the Public Reference Room of the Commission.
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    \3\ A Member is any registered broker or dealer, or any person
associated with a registered broker or dealer, that has been
admitted to membership in the Exchange.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements 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
    Currently, Flag N is yielded when an order removes liquidity from
the EDGX book in Tapes B or C securities. In this case, a charge of
$0.0029 per share is assessed.
    In order to provide additional transparency to Members, the
Exchange proposes to amend Flag N so that it only applies to orders
that remove liquidity from the EDGX book in Tape C securities. The
Exchange will continue to assess a charge of $0.0029 per share for
Members that utilize Flag N. The Exchange then proposes to add Flag BB
for orders that remove liquidity from the EDGX book in Tape B
securities. The Exchange proposes to assess a charge of $0.0029 per
share for Members that utilize Flag BB. In addition, similar to the
footnotes appended to Flag N, the Exchange proposes to append Footnotes
1 and 12 to Flag BB. Therefore, Members will be eligible for the tiers
provided for in Footnote 1 if the conditions outlined therein are
satisfied. In addition, Members using Flag BB will be subject to the
conditions of Footnote 12 because Flag BB is a removal flag. The
Exchange also proposes to include Flag BB in the list of removal flags
in Footnote 13 with regards to the Investor Tier. The Exchange notes
that Flag N is currently in the list of removal flags for Footnotes 12
and 13.
    The Exchange also proposes to amend the message-to-trade ratio in
(iii) of Footnote 13 from less than 4:1 to less than 6:1. Therefore,
Footnote 13, after the amendments described above are applied will
read, ``A Member can qualify for an Investor Tier and be provided a
rebate of $0.0030 per share if they meet the following criteria: (i) On
a daily basis, measured monthly, posts an ADV of at least 8 million
shares on EDGX where added flags are defined as B, HA, V, Y, MM, 3, or
4; (ii) have an ``added liquidity'' to ``removed liquidity'' ratio of
at least 70% where added flags are defined as B, HA, V, Y, MM, 3, or 4
and removal flags are defined as BB, MT, N, W, PI, or 6; and (iii) have
a message-to-trade ratio of less than 6:1.''
    The Exchange also proposes to make a technical amendment to reduce
the rebate from $0.0004 per share to $0.0003 per share for Flag RA.
This change is a pass through of the EDGA reduction in

rebate for removing liquidity, which was effective on April 1, 2012.\4\
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    \4\ See Securities Exchange Act Release No. 66763 (April 6,
2012), 77 FR 22008 (April 12, 2012) (SR-EDGA-2012-13).
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    The Exchange appended Footnote 11 to Flag 5 in its June 8, 2011
rule filing.\5\ The Exchange proposes to make a technical amendment to
the first paragraph of Footnote 11 to identify Flag 5 in the
description of the footnote as one of the flags that yields
internalization. In the second paragraph of Footnote 11, the Exchange
also proposes a technical amendment to specify that this paragraph only
applies to Flags EA or ER.
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    \5\ See Securities Exchange Act Release No. 64632 (June 8,
2011), 76 FR 34792 (June 14, 2012) (SR-EDGX-2011-17)[sic]. In SR-
EDGX-2011-17, the Exchange appended Footnote 11 to Flag 5 and the
Exchange represented that the internalization fee is no more
favorable than each prevailing maker/taker spread. However, the
Exchange noted that if a Member receives a tiered rebate because the
Member posts 10,000,000 shares or more of average daily volume to
EDGX, then the Member would get the current rate of $0.0001 per
share per side for customer internalization.
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    The Exchange also proposes to make a technical amendment to the
title of the EDGX Book Feed. The Exchange proposes to rename ``EDGX
Book Feed'' to ``EdgeBook Depth X'' and to make conforming changes in
the description on the fee schedule.
    The Exchange proposes to implement these amendments to its fee
schedule on May 1, 2012.
2. Basis
    The Exchange believes that the proposed rule changes are consistent
with the objectives of Section 6 of the Act,\6\ in general, and
furthers the objectives of Section 6(b)(4),\7\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other persons using its
facilities.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
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    In order to provide additional transparency to Members, the
Exchange proposes to amend Flag N to apply to orders that remove
liquidity from EDGX book in Tape C securities and to add Flag BB to
orders that remove liquidity from the EDGX book in Tape B securities.
The Exchange proposes to continue to assess a charge of $0.0029 per
share for Members that utilize Flag N and the Exchange proposes to
assess a charge of $0.0029 per share for Members that utilize Flag BB.
The Exchange believes that utilizing Flag BB to identify Members that
remove liquidity from the EDGX book in Tape B securities and utilizing
Flag N to identify Members that remove liquidity from EDGX book in Tape
C securities promotes market transparency and improves investor
protection by adding additional transparency to the EDGX fee schedule.
This proposed change more precisely delineates for Members whether they
are removing liquidity in Tape B or Tape C securities. The proposed
changes to Footnotes 12 and 13 to add Flag BB to the list of removal
flags for the applicable tiers/rates outlined also provides additional
transparency to Members. The Exchange also believes that the proposal
is non-discriminatory because it applies uniformly to all Members.
    The Exchange proposes to amend the message-to-trade ratio in (iii)
of Footnote 13 from less than 4:1 to less than 6:1 because the Exchange
believes that a message-to-trade ratio of less than 6:1 represents a
more appropriate criterion for Members to qualify for a rebate of
$0.0030 per share associated with the Investor Tier. The Exchange
believes the proposed message-to-trade ratio incentivizes Members to
direct a high quality order flow to the Exchange because the Exchange
believes that such high quality liquidity provisions will encourage
price discovery and market transparency and improve investor protection
by encouraging growth in liquidity. In addition, the Exchange also
believes that the proposal is non-discriminatory because it applies
uniformly to all Members.
    The reduction in rebate on Flag RA is a pass-through of the
reduction in rebate on EDGA's fee schedule for adding liquidity from
$0.0004 to $0.0003, effective April 1, 2012.\8\ The Exchange believes
the proposed rebate of $0.0003 is equitable and reasonable as it
represents a pass-through of the rebate for adding liquidity to the
EDGA book. In addition, the Exchange also believes that the proposed
pass-through of this rate is non-discriminatory because it applies
uniformly to all Members.
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    \8\ See Securities Exchange Act Release No. 66763 (April 6,
2012), 77 FR 22008 (April 12, 2012) (SR-EDGA-2012-13).
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    The Exchange also notes that it operates in a highly-competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive. The proposed rule change reflects a competitive pricing
structure designed to incent market participants to direct their order
flow to the Exchange. The Exchange believes that the proposed rates are
equitable and non-discriminatory in that they apply uniformly to all
Members. The Exchange believes the fees and credits remain competitive
with those charged by other venues and therefore continue to be
reasonable and equitably allocated to Members.

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

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

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3) of the Act \9\ and Rule 19b-4(f)(2) \10\ thereunder. At any
time within 60 days of the filing of such proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 19b-4(f)(2).
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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-EDGX-2012-17 on the
subject line.

Paper Comments

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

All submissions should refer to File Number SR-EDGX-2012-17. 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 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-EDGX-2012-17 and should be
submitted on or before June 7, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-11925 Filed 5-16-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 12, 2010 (Volume 75, Number 196)]
[Notices]
[Page 62628]
[DOCID:fr12oc10-151]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

South Carolina Railroad Museum, Inc.

[Waiver Petition Docket Number FRA-2010-0095]

    The South Carolina Railroad Museum (SCRM) is a non-profit
(501)(c)(3) railroad museum located near Winnsboro, South Carolina,
which operates excursion passenger trains primarily on certain weekends
and on special charters as part of its museum activity. SCRM seeks a
waiver from compliance with 49 CFR 240.201(d), which provides that only
certified persons may operate trains or locomotives. The waiver would
affect only persons who participate in the ``engineer for a day''
program, which would allow non-certified persons to operate a diesel
electric locomotive as the ``engineer.'' Various restrictions would be
placed on these operations.
    The waiver would cover operations on 5,280 feet of main line track
between Milepost (MP) 4 and MP 5 that would be placed under absolute
block control (section of track can only be occupied by one train at a
time) during these operations. This section of track does not have any
public highway-rail grade crossings on it, and is located largely
within the confines of Rion Quarry, which is no longer in operation.
    SCRM has an annual budget of approximately $180,000.00. SCRM has no
employees. All excursion trains are staffed by volunteers who have been
through testing and certification for their respective train crew
duties. The ``engineer for a day'' program would allow SCRM to
supplement its education programs and generate needed additional income
for preservation and for providing a railroad experience to persons
visiting the museum.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2010-0095) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on October 4, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-25487 Filed 10-8-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Notices]
[Page 69213]
[FR Doc No: 2015-28421]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL11-66-001]

Martha Coakley, Massachusetts Attorney General; Connecticut
Public Utilities Regulatory Authority; Massachusetts Department of
Public Utilities; New Hampshire Public Utilities Commission;
Connecticut Office of Consumer Counsel; Maine Office of the Public
Advocate; George Jepsen, Connecticut Attorney General; New Hampshire
Office of Consumer Advocate; Rhode Island Division of Public Utilities
and Carriers; Vermont Department of Public Service; Massachusetts
Municipal Wholesale Electric Company; Associated Industries of
Massachusetts; The Energy Consortium; Power Options, Inc.; and the
Industrial Energy Consumer Group, v. Bangor Hydro-Electric Company;
Central Maine Power Company; New England Power Company d/b/a National
Grid; New Hampshire Transmission LLC d/b/a NextEra; NSTAR Electric and
Gas Corporation; Northeast Utilities Service Company; The United
Illuminating Company; Unitil Energy Systems, Inc. and Fitchburg Gas and
Electric Light Company; Vermont Transco, LLC; Notice of Filing

    Take notice that on November 2, 2015, the New England Transmission
Owners (NETOs) \1\ submitted tariff filing per: Refund Report to be
effective N/A, pursuant to the Commission's Opinion No. 531-A, issued
on October 16, 2014.\2\
---------------------------------------------------------------------------

    \1\ For purposes of this filing, the NETOs consist of Emera
Maine (f/k/a Bangor Hydro Electric Company); Central Maine Power
Company; New England Power Company d/b/a National Grid; New
Hampshire Transmission LLC; Eversource Energy Service Company (on
behalf of The Connecticut Light and Power Company, NSTAR Electric
Company, Western Massachusetts Electric Company, and Public Service
Company of New Hampshire, each doing business as Eversource Energy);
The United Illuminating Company; Unitil Energy Systems, Inc. and
Fitchburg Gas and Electric Light Company; and Vermont Transco LLC.
    \2\ Martha Coakley, Mass. Attorney Gen., et al. v. Bangor Hydro-
Elec. Co., et al., Opinion No. 531, 147 FERC ] 61,234 (2014)
(Opinion No. 531), order on paper hearing, Opinion No. 531-A, 149
FERC ] 61,032 (2014) (Opinion No. 531-A).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for electronic 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 email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on November 23, 2015.

    Dated: November 3, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-28421 Filed 11-6-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Notices]
[Page 76333]
[FR Doc No: 2014-29860]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0001]

Vaccines and Related Biological Products Advisory Committee;
Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Vaccines and Related Biological Products
Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on March 4, 2015, from 8:30
a.m. to 3 p.m.
    Location: DoubleTree Hotel by Hilton, 8727 Colesville Rd., Silver
Spring, MD 20910. The hotel's phone number is<PHONE_NUMBER>.
    Contact Person: Sujata Vijh or Denise Royster, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 6128, Silver Spring, MD 20993-0002, 240-
402-7107 or<PHONE_NUMBER>, or FDA Advisory Committee Information Line,
1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). A notice in
the Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.
    Agenda: On March 4, 2015, from 8:30 a.m. to 3 p.m., the committee
will meet in open session to discuss and make recommendations on the
selection of strains to be included in the influenza virus vaccines for
the 2015-2016 influenza season.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
February 18, 2015. Oral presentations from the public will be scheduled
between approximately 12:40 p.m. and 1:40 p.m. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before February 9, 2015.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by February 10, 2015.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Sujata Vijh at least
7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: December 17, 2014.
Jill Hartzler Warner,
Associate Commissioner for Special Medical Programs.
[FR Doc. 2014-29860 Filed 12-19-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: December 14, 2007 (Volume 72, Number 240)]
[Notices]
[Page 71176-71178]
[DOCID:fr14de07-79]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56929; File No. SR-NASDAQ-2007-086]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Regarding Step-Outs and Transfers of Sales Fees

December 7, 2007.
    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 31, 2007, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared primarily by Nasdaq. Nasdaq has filed the
proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6) thereunder,\4\ so that the proposal was effective upon filing
with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Nasdaq proposes to: (i) Offer, for a fee, a match/compare service
for Nasdaq members to process step-outs between themselves and (ii)
allow the transfer of Rule 7002 Sales Fees and similar fees of other
self-regulatory organizations (``SROs'') without an agreement between
the transferring Nasdaq members when such transfers are accompanied by
a transfer of the underlying shares.

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

    In its filing with the Commission, Nasdaq 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. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

    Nasdaq Rule 7038 enables Nasdaq members to utilize Nasdaq's
Automated Confirmation Transaction Service (``ACT'') to transfer all or
a portion of the member's obligation to pay a NASD Rule 7002 sale fee
or similar fee of another SRO (``sales fees'').\5\ In addition, Nasdaq
members may also use ACT to process step-outs.\6\
---------------------------------------------------------------------------

    \5\ Nasdaq Rule 7038(a). Rule 7002 fees are designed to defray
the costs that Nasdaq pays to the Commission under Section 31(b) of
the Act. 15 U.S.C. 78ee(b).
    \6\ Nasdaq Rule 7038(b). A ``step-out'' is a mechanism for
transferring a broker's position in a security in a manner that does
not constitute a trade. In one form of a step-out, a party to a
previously executed trade transfers its position in the trade to one
or more other parties. For example, a broker that buys a large block
of stock on behalf of several broker-dealer customers may ``step-
out'' of the trade in order to transfer and allocate its position to
its broker-dealer customers. Thus, under this form of a step-out,
there is a single trade on a securities market coupled with an
arrangement between one of the trade counterparties and one or more
additional parties to shift the settlement obligations for the trade
to the additional parties. In another form of step-out, a broker
uses a clearing-only report to transfer its position from at one
clearing broker's account to another clearing broker's account.
---------------------------------------------------------------------------

    Under the rule change, Nasdaq will modify Nasdaq Rule 7038(c) to
specify that when members use ACT to transfer sales fees but do not
also transfer the underlying shares, the clearing firms for the trades
in question must be party to an agreement authorizing such transfers
between themselves or the firms on whose behalf they clear trades.\7\
---------------------------------------------------------------------------

    \7\ Examples of such an agreement include a Nasdaq ``Attachment
2'' or the Financial Industry Regulatory Authority's (``FINRA'') new
Uniform Trade Reporting Facility Service Bureau/Executing Broker
Agreement.
---------------------------------------------------------------------------

    Nasdaq is also adding new paragraph (f) to Nasdaq Rule 7038 that
will enable Nasdaq members to use ACT's ``match/compare'' functionality
to process step-outs without an agreement between the transferring
Nasdaq members when such transfers are accompanied by a transfer of the
underlying shares. Nasdaq will assess a fee for this service whereby
each party to a matched/compared transfer will be assessed $0.0144 per
100 shares with a minimum of 400 shares up to maximum of 7,500 shares
except in cases where the same participant is on both sides of a
transfer in which case the applicable per side fee will be assessed
once rather than twice.
    Nasdaq states that it believes that the proposed rule change is
consistent with the provisions of Section 6 of the Act \8\ and
specifically with Sections 6(b)(4) and (5) of the Act \9\ because the
proposal provides for the equitable allocation of reasonable dues,
fees, and other charges among members and issuers and other persons
using any facility or system which Nasdaq operates or controls and is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and 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. Nasdaq
believes that offering match/compare functionality in connection with
step-outs and reducing paperwork requirements for Sales Fee transfers
benefits its members by enhancing the efficiency of their post-trade
operations and that its proposed fees are reasonable and comparable to
similar Financial Industry Regulatory Authority (``FINRA'') fees for
comparison services.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4) and (5).
    \10\ See NASD Rule 7002B.
---------------------------------------------------------------------------

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

    Nasdaq 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.

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

    Nasdaq did not solicit or receive written comments on the proposed
rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) thereunder\12\ because
it does not: (1) Significantly affect the protection of investors or
the public interest; (2) impose any significant burden on competition;
and (3) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 C.F.R. 240.19b-4(f)(6).
---------------------------------------------------------------------------

    Nasdaq has requested that the Commission waive the 30-day operative
delay pursuant to the Commission's authority under Rule 19b-
4(f)(6)(iii) \13\ to designate a shorter time when such action is
consistent with the protection of investors and the public interest.
The Commission hereby grants the request.\14\ The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest in light of a FINRA
rule, which became effective two business days after Nasdaq filed its
proposed rule change that requires all shares that underlie a step-out
transaction have been previously trade-reported to FINRA-only
facilities.\15\ In order to ensure that firms can use the same method
to conduct step-out trades, it is appropriate for Nasdaq to be able to
implement its match/compare functionality on an accelerated basis so
that it can be in place for firms that wish to do step-outs through the
match and compare functionality for shares that were not exclusively
reported over-the-counter before the FINRA restriction became
effective. Moreover, the Commission notes that the match/compare
functionality has long existed at Nasdaq and that the modifications
made by this rule change do not raise any novel legal or policy
concerns. Accordingly, the Commission designates the proposed rule
change to be operative upon filing with the Commission.
---------------------------------------------------------------------------

    \13\ 17 C.F.R. 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
    \15\ Securities Exchange Act Release No. 55962 (Jun. 26, 2007),
72 FR 36536 (Jul. 3, 2007) [SR-NASD-2007-040]. See also FINRA
Regulatory Notice 07-38 (Aug. 2007), available online at  http://www.finra.org/web/groups/rules_regs/documents/notice_to_members/p036643.pdf
.

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

    Rule 19b-4(f)(6)(iii) requires Nasdaq to notify the Commission of
its 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. Nasdaq has
requested that the Commission designate a shorter

notification time. The Commission hereby waives the five-day notice
period. As explained above, it was necessary for Nasdaq to file its
proposed rule change expeditiously so as to avoid any disruption in
service to its members.
    At any time within 60 days of the filing of such proposed rule
change the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors or otherwise in
furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the 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 e-mail to<EMAIL_ADDRESS>Please include

File No. SR-NASDAQ-2007-086 on the subject line.

Paper Comments

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

All submissions should refer to File No. NASDAQ-2007-086. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C 552, will be available for inspection and copying
in the Commission's Public Reference Room, 450 Fifth Street, NW.,
Washington DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at Nasdaq's principal office and on Nasdaq's Web
site at http://nasdaq.complinet.com/nasdaq/display/display.html?rbid=1705&element_id=4.
 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 submission
should refer to File No. SR-NASDAQ-2007-086 and should be submitted on
or before January 4, 2008.

    For the Commission by the Division of Trading and Markets
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-24201 Filed 12-12-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Page 65648]
[FR Doc No: 2018-27729]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL19-23-000]

Notice of Institution of Section 206 Proceeding and Refund
Effective Date: Duke Energy Florida, LLC

    On December 14, 2018, the Commission issued an order in Docket No.
EL19-23-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e (2012), instituting an investigation into whether Duke
Energy Florida, LLC's increased estimate to procure, install and
construct the interconnection facilities and network upgrades for the
Large Generator Interconnection Agreement with U.S. EcoGen Polk, LLC
may be unjust and unreasonable. Duke Energy Florida, LLC, 165 FERC ]
61,230 (2018).
    The refund effective date in Docket No. EL19-23-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL19-23-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426, in accordance with Rule 214 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.214, within 21
days of the date of issuance of the order.

    Dated: December 14, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-27729 Filed 12-20-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: October 17, 2005 (Volume 70, Number 199)]
[Notices]
[Page 60321-60322]
[DOCID:fr17oc05-70]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP02-99-011]

Transcontinental Gas Pipe Line Corporation; Notice of Compliance
Filing

October 6, 2005.
    Take notice that on September 29, 2005, Transcontinental Gas Pipe
Line Corporation (Transco) tendered for filing as part of its FERC Gas
Tariff, Third Revised Volume No. 1, the following tariff sheets, to
become effective November 1, 2005:

Tenth Revised Sheet No. 2
Tenth Revised Sheet No. 33
Fourth Revised Sheet No. 169
Second Revised Sheet No. 169A
Fourth Revised Sheet No. 445
First Revised Sheet No. 446
First Revised Sheet No. 447
Second Revised Sheet No. 448
Second Revised Sheet No. 449

    Transco states that the purpose of the instant filing is to reflect
the removal of the North Padre Island gathering (NPI-G) rate, rate
schedule and form of service agreement from Transco's Third Revised
Volume No. 1 tariff pursuant to Ordering Paragraph (B) of the
Commission's Order on Remand issued February 15, 2005 in Docket No.
RP02-99-009.
    Transco states that copies of the filing are being mailed to
affected customers and interested state commissions.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed in accordance with the provisions of

Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing a protest must serve a copy of that document on all the
parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is 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>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5664 Filed 10-14-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Notices]
[Pages 40922-40924]
[FR Doc No: 2012-16875]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67351; File No. SR-Phlx-2012-84]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Clarify
the Functioning of the Post-Only Order in NASDAQ OMX PSX

July 5, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that, on June 22, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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

    The Exchange proposes to clarify the functioning of the Post-Only
Order in NASDAQ OMX PSX (``PSX''). If the

Commission waives the pre-operative delay provided for in Rule 19b-
4(f)(6),\3\ Phlx proposes to implement the proposed rule change
immediately. The text of the proposed rule change is available at
http://nasdaqomxphlx.cchwallstreet.com/nasdaqomxphlx/phlx/, at Phlx's
principal office, and at the Commission's Public Reference Room.
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    \3\ 17 CFR 240.19b-4(f)(6).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    Phlx proposes to clarify the functionality associated with its
existing Post-Only Order on PSX. Last year, Phlx submitted a proposed
rule change that changed the functionality of this order type.\4\ In
the course of describing and clarifying the order's then-existing
functionality, however, SR-Phlx-2011-70 erroneously characterized one
aspect of the functioning of the order and, as a result, introduced
erroneous language into the rule text describing the rule.
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    \4\ Securities Exchange Act Release No. 64563 (May 27, 2011), 76
FR 32255 (June 3, 2011) (SR-Phlx-2011-70).
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    If a Post-Only Order would lock an order on PSX at the time of
entry, the order is re-priced and displayed by the System to one
minimum price increment (i.e., $0.01 or $0.0001) below the current low
offer (for bids) or above the current best bid (for offers). Thus, if
the best bid and best offer on the PSX book were $10.00 x $10.05, and a
market participant entered a Post-Only Order to buy at $10.05, the
order would be re-priced and displayed at $10.04. However, SR-Phlx-
2011-70 erroneously stated that if a Post-Only Order would cross an
order on the System, the order would be repriced as described above
unless the value of price improvement associated with executing against
a resting order equals or exceeds the sum of fees charged for such
execution and the value of any rebate that would be provided if the
order posted to the book and subsequently provided liquidity, in which
case the order will execute. In fact, in a case where the order crosses
an order on the System, the order will be repriced, and will not
execute. Accordingly, Phlx is deleting language from the rule that
states otherwise.\5\
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    \5\ Phlx is also correcting a typographical error in the rule
text.
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    The error occurred because the functionality to consider pricing
was described in the original filing to establish a Post-Only Order on
The NASDAQ Stock Market LLC (``NASDAQ'') and was implemented on that
market, but was not fully reflected in the text of NASDAQ Rule 4751.\6\
Subsequently, Phlx adopted identical rule text when it established PSX
as its new facility for trading cash equity securities, but did not
implement the price consideration functionality due to its
inconsistency with model of allocating executions of incoming orders
among posted orders pro rata based on their size.\7\ In May 2011,
NASDAQ filed a proposed rule change to modify the repricing behavior of
its Post-Only Order, and added rule language to clarify the existing
price-consideration functionality of its order.\8\ When Phlx opted to
make a corresponding change to the repricing behavior of its Post-Only
Order, it was assumed that a corresponding change to describe price
consideration behavior was also required. In fact, no such change was
needed since the behavior of the PSX order is not identical to that of
the NASDAQ order.
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    \6\ See Securities Exchange Act Release No. 59392 (February 11,
2009), 74 FR 7943 (February 20, 2009) (SR-NASDAQ-2009-006).
    \7\ Securities Exchange Act Release No. 62877 (September 9,
2010), 75 FR 56633 (September 16, 2010) (SR-Phlx-2010-79).
    \8\ Securities Exchange Act Release No. 64552 (May 26, 2011), 76
FR 31998 (June 2, 2011) (SR-NASDAQ-2011-070).
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2. Statutory Basis
    Phlx 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, in that the proposal is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and 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. Phlx believes that the
change is necessary to reflect accurately the functioning of PSX's
Post-Only Order.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Phlx 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.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6)(iii) thereunder.\14\
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.\15\
However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon

filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest
because doing so will allow the rule text describing the Post-Only
Order to describe its functionality accurately without delay.
Accordingly, the Commission designates the proposed rule change as
operative upon filing with the Commission.\17\
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    \15\ 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 the 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 pre-filing requirement.
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the 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-Phlx-2012-84 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2012-84. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2012-84 and should be
submitted on or before August 1, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-16875 Filed 7-10-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Page 65730]
[FR Doc No: 2015-27175]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-91-000]

Blythe Solar 110, LLC; Supplemental Notice that Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding
Blythe Solar 110 LLC.'s application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 9, 2015.
    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
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: October 20, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-27175 Filed 10-26-15; 8:45 am]
BILLING CODE 6717-01-P