[Federal Register Volume 76, Number 218 (Thursday, November 10, 2011)]
[Notices]
[Pages 70192-70195]
[FR Doc No: 2011-29113]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65694; File No. SR-BATS-2011-046]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

November 4, 2011.
    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 October 31, 2011, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes [sic] amend the fee schedule applicable to
Members \5\ and non-members of the Exchange pursuant to BATS Rules
15.1(a) and (c). While changes to the fee schedule pursuant to this
proposal will be effective upon filing, the changes will become
operative on November 1, 2011.
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    \5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
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    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.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 modify the ``Options Pricing'' section of
its fee schedule to: (i) Recognize a new category of participant, a
``Professional'', in light of recent changes the Exchange made to its
rules that become operative November 1, 2011; and (ii) modify the
Quoting Incentive Program, which is a program intended to incentivize
sustained, aggressive quoting on the BATS options platform (``BATS
Options''). In addition to these changes, the Exchange proposes to
correct a typographical error on the fee schedule. Specifically, the
Exchange no longer offers a discounted fee to remove liquidity for Firm
or Market Makers that meet certain average daily volume requirements
but the fee schedule still contains language indicating that such a
reduced fee is available. The Exchange proposes to delete this
language.
Professional Pricing
    The Exchange recently modified the rules applicable to BATS Options
to amend Rule 16.1 (Definitions) to adopt a definition of
``Professional'' on the Exchange and require that all Professional
orders be appropriately marked by members of BATS Options (``Options
Members'').\6\ As defined in Rule 16.1, which, as modified becomes
operative November 1, 2011, the term ``Professional'' means any person
or entity that (i) is not a broker or dealer in securities, and (ii)
places more than 390 orders in listed options per day on average during
a calendar month for its own beneficial account(s).
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    \6\ Securities Exchange Act Release No. 65500 (October 6, 2011),
76 FR 63686 (October 13, 2011) (SR-BATS-2011-041).
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    The Exchange currently charges and provides rebates based on the
capacity in which a User is acting, either as a Firm, as a Market
Maker, or on behalf of a Customer. With respect to rebates, the
Exchange also currently differentiates the rebate paid to Firms and
Market Makers depending on the capacity of the counter-party to the
trade, either a Customer or another Firm or Market Maker. In order to
properly align Professionals with other sophisticated market
participants, the Exchange proposes to modify its fee schedule by
listing a Professional with a Firm and Market Maker in every instance
where a distinction is made for options fees and rebates based on the
capacity of the User or the counter-party. For instance, the Exchange
currently charges a fee of $0.42 per contract for all Firm and Market
Maker orders that remove liquidity from BATS Options. The Exchange
proposes to charge this same fee for all Professional orders that
remove liquidity from BATS Options.
Modification to Quoting Incentive Program (QIP)
    BATS Options offers a Quoting Incentive Program (QIP), through
which Members receive a rebate of $0.05 per contract, in addition to
any other applicable liquidity rebate, for executions subject to the
QIP. Currently to qualify for the QIP a BATS Options Market Maker must
be at the NBB or NBO 70% of the time for series trading between $0.03
and $5.00 for the front three (3) expiration months in that underlying
during the current trading month. A Member not registered as a BATS
Options Market Maker can also qualify for the QIP by quoting at the NBB
or NBO 80% of the time in the same series. The Exchange proposes to
modify the qualification levels to make qualifying for the QIP
attainable by more Members and BATS Options Market Makers.
Specifically, the Exchange proposes to reduce the level at which a BATS
Options Market Maker must be at the NBB or NBO from 70% to 60% and for
Members not registered as a BATS Options Market Maker from 80% to 70%.
    All other aspects of the QIP currently in place will remain the
same. As is true under the current operation of the QIP, the Exchange
will determine whether a Member qualifies for QIP rebates at the end of
each month by looking back at each Member's (including BATS Options
Market Makers) quoting statistics during that month. If at the end of
the month a Market Maker meets the 60% criteria or a Member that is not
registered as a Market Maker meets the 70% criteria, the Exchange will
provide the additional rebate for all executions subject to the QIP
executed by that Member during that month. The Exchange will provide
Members with a report on a daily basis with quoting statistics so such
Members can determine whether or not they are meeting the QIP criteria.
The Exchange is not proposing to impose any ADV requirements in order
to qualify for the QIP at this time.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\7\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\8\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange 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.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes it is equitable, reasonable and non-
discriminatory to assess fees and provide liquidity rebates for
Professional orders that are the same as those fees and rebates for
Firms and Market Makers. The Exchange believes that application of a
simple pricing structure that groups all sophisticated participants
together is advantageous to all Members of BATS Options. As stated
above, the Exchange operates within a highly competitive market. The
Exchange, however, does not assess ongoing fess [sic] for BATS Options
market data or fees related to order cancellation. Professional
accounts, while otherwise considered to be Customers by virtue of not
being broker-dealers, generally engage in trading activity more similar
to broker-dealer proprietary trading accounts (more than 390 orders per
day on average). This level of trading activity draws on a greater
amount of Exchange system resources than that of non-Professional
Customers. Simply, the more orders submitted to the Exchange, the more
messages sent to and received from the Exchange, and the more Exchange
system resources utilized. This level of trading activity by
Professional accounts results in greater ongoing operational costs to
the Exchange. As such, the Exchange aims to recover its costs by
assessing Professional accounts the same fees that it assesses to other
sophisticated Exchange market participants. Generally, competing
options exchanges assess Professionals fees at rates more comparable to
fees charged to broker-dealers. Sending

orders to and trading on the Exchange are entirely voluntary. Under
these circumstances, Exchange transaction fees must be competitive to
attract order flow, execute orders, and grow its market. As such, the
Exchange believes its trading fees proposed for Professional accounts
are fair and reasonable. While Professional orders will be assessed
comparably higher transaction fees than those assessed to other
Customer orders, as proposed, because Professional orders will be
treated in the same manner as Firm and Market Maker orders,
Professional orders will have the ability to achieve a higher rebate of
$0.32 per contract when executing against other Firm, Market Maker or
Professional orders (as compared to a $0.30 per contract rebate that a
Customer order would receive).\9\ The Exchange also notes that
Professional orders will still qualify for additional rebates under
existing programs such as the Exchange's Quoting Incentive and NBBO
Setter Programs.
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    \9\ The Exchange notes that when executing against a Customer
order, a Professional order will receive a liquidity rebate of $0.22
per contract. This is the same liquidity rebate provided to Firm and
Market Maker orders that execute against Customer orders today.
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    Moreover, the Exchange believes it is equitable and not unfairly
discriminatory to charge Customers lower fees than fees charged to
Professional accounts, which are more akin to broker-dealer accounts.
The securities markets generally, and the Exchange in particular, have
historically aimed to improve markets for investors and develop various
features within the market structure for customer benefit. As such, the
Exchange believes the proposed fees for Professional accounts, as
compared to Customer transaction fees, is appropriate and not unfairly
discriminatory.
    Finally, the Exchange believes that the proposed change to charge
the same fee for routing Professional customer orders to various
markets as is charged for Firm and Market Maker orders is reasonable,
equitable, and not unfairly discriminatory in that the fee will allow
the Exchange to recoup its costs attendant with offering optional
routing services. The Exchange incurs various costs related to
providing routing services. In order to better recover those related
costs and to potentially generate additional revenue, the Exchange
proposes a routing fee to provide this optional service to Professional
accounts. The Exchange also notes that although routing is available to
Exchange participants for customer orders, including Professionals,
Exchange participants are not required to use the routing services.
Rather, Exchange routing services are completely optional. Exchange
participants can manage their own routing to different options
exchanges or can utilize a myriad of other routing solutions that are
available to market participants. Further, as noted above, the
characteristics of Professional accounts tend to be more similar to
broker-dealers than to non-Professional Customers. As such, the
Exchange believes Professionals are more likely to be able to directly
route their orders to the exchange venues where they wish to trade. By
assessing a fee on Professional accounts for routing orders, the
Exchange aims to recover its costs in providing this optional service
to its Participants and their Professional customer accounts. The
Exchange believes that providing Customers a preferred rate for routing
is consistent with the long history in the options markets of such
customers being given preferred fees.
    Additionally, the Exchange believes that the proposed modification
to the Quoting Incentive Program, which is similar to a fee structure
in place on at least one of the Exchange's competitors,\10\ will
further incentivize the provision of competitively priced, sustained
liquidity that will create tighter spreads, benefitting both Members
and public investors. The Exchange also believes that continuing to
maintain a slightly lower threshold for meeting the QIP for registered
BATS Options Market Makers appropriately incentivizes Members of BATS
Options to register with the Exchange as Options Market Makers. While
the Exchange does wish to allow participation in the QIP by all
Members, the Exchange believes that registration by additional Members
as Market Makers will help to continue to increase the breadth and
depth of quotations available on the Exchange. The Exchange notes that
in addition to the fact that the QIP will be available to all Members,
the proposal is not unfairly discriminatory despite a slightly higher
quotation requirement for non-Market Makers due to the fact that
registration as a BATS Options Market Maker is equally available to all
Members.
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    \10\ See Securities Exchange Act Release No. 61869 (April 7,
2010), 75 FR 19449 (April 14, 2010) (SR-ISE-2010-25) (notice of
filing and immediate effectiveness of changes to fees and rebates
including adoption of specific rebates for market makers qualifying
for the Market Maker Plus program).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    No written comments were solicited or received.

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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act \11\ and Rule 19b-
4(f)(2) thereunder,\12\ the Exchange has designated this proposal as
establishing or changing a due, fee, or other charge applicable to the
Exchange's Members and non-members, which renders the proposed rule
change effective upon filing.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 17 CFR 240.19b-4(f)(2).
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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-BATS-2011-046 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-BATS-2011-046. 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 such
filing will also be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File No. SR-BATS-2011-046 and should be submitted on or before December
1, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-29113 Filed 11-9-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Notices]
[Pages 69257-69258]
[FR Doc No: 2011-28869]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EG12-5-000.
    Applicants: AES New Creek, LLC.
    Description: AES New Creek, LLC Notice of Self-Certification as
Exempt Wholesale Generator.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5149.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 16, 2011.

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

    Docket Numbers: ER11-3859-003; ER11-3863-002; ER11-3861-002; ER11-
3864-003; ER11-3866-003; ER12-192-001; ER11-3867-003; ER11-3857-003.
    Applicants: Milford Power Company, LLC, MASSPOWER, Liberty Electric
Power, LLC, Empire Generating Co, LLC, ECP Energy I, LLC, EquiPower
Resources Management, LLC, Dighton Power, LLC, Lake Road Generating
Company, L.P.
    Description: ECP MBR Sellers Notification of Change in Status.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5097.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 16, 2011.

    Docket Numbers: ER12-197-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: Original Service Agreement No. 3085--Queue No. W3-156
to be effective 9/26/2011.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5100.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 16, 2011.

    Docket Numbers: ER12-198-000.
    Applicants: Roseburg Forest Products.
    Description: Roseburg Forest Products submits tariff filing per
35.1: FERC

Electric MBR Tariff Baseline Filing to be effective 10/26/2011.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5102.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 16, 2011.

    Docket Numbers: ER12-199-000.
    Applicants: Coram California Development, L.P.
    Description: Coram California Development, L.P. submits tariff
filing per 35.12: Coram California Development LP's Initial Market-
Based Rate Tariff to be effective 2/1/2012.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5114.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 16, 2011.

    Docket Numbers: ER12-200-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii: Original Service Agreement No. 3089--Queue No. W3-029
to be effective 9/29/2011.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5127.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 16, 2011.

    Docket Numbers: ER12-201-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(1): 2012 RSBAA Update Filing to be effective 1/1/
2012.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5135.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 16, 2011.

    Docket Numbers: ER12-202-000.
    Applicants: Southwestern Electric Power Company.
    Description: Southwestern Electric Power Company submits tariff
filing per 35.13(a)(2)(iii: 20111026 Prescott Revised PSA to be
effective 12/17/2010.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5151.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 16, 2011.

    Docket Numbers: ER12-203-000.
    Applicants: Southwestern Electric Power Company.
    Description: Southwestern Electric Power Company submits tariff
filing per 35.13(a)(2)(iii: 20111026 Minden Revised PSA to be effective
12/17/2010.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5153.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 16, 2011.

    Docket Numbers: ER12-204-000.
    Applicants: Trupro Energy LLC.
    Description: Trupro Energy LLC submits tariff filing per 35.12:
Market-Based Rate Application to be effective 10/26/2011.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5154.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 16, 2011.

    Docket Numbers: ER12-205-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35: 2011-10-26 CAISO Petition for Waiver of
Tariff Provision to be effective N/A.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5166.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 16, 2011.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF12-16-000.
    Applicants: Martin Operating Partnership L.P.
    Description: Martin Operating Partnership L.P. submits FERC Form
556 Notice of Certification of Qualifying Facility Status for a Small
Power Production or Cogeneration Facility.
    Filed Date: 10/26/2011.
    Accession Number: 20111026-5015.
    Comment Date: None Applicable.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 27, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-28869 Filed 11-7-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70273-70274]
[FR Doc No: 2016-24446]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Port Performance Freight Statistics Working Group

AGENCY: Bureau of Transportation Statistics (BTS), Office of the
Assistant Secretary for Research and Technology (OST-R), U.S.
Department of Transportation (USDOT).

ACTION: Port Performance Freight Statistics Working Group: notice of
public meeting and public comment period on draft work plan.

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SUMMARY: This notice announces an upcoming meeting of the Port
Performance Freight Statistics Working Group (hereafter, ``Working
Group''). The Working Group will provide advice and recommendations to
the BTS Director pursuant to Section 6018 of the Fixing America's
Surface Transportation (FAST) Act on matters related to port
performance measures, including: (a) Specifications and data
measurements to be used in the Port Performance Freight Statistics
Program established under subsection 6018(a); and (b) a process for the
Department to collect timely and consistent data, including identifying
safeguards to protect proprietary information described in subsection
6018(b)(2). The Working Group will operate in accordance with the
provisions of the Federal Advisory Committee Act (FACA) and the rules
and regulations issued in implementation of that Act.
    This notice also announces the opening of a 14-day public comment
period for the Working Group's draft Work Plan, available at http://www.bts.gov/bts/port_performance. This draft Work Plan identifies the
schedule, agenda items, and anticipated follow-up actions for each of
the Working Group's four meetings.

DATES: The Working Group meeting will be held on November 18, 2016,
from 9:00 a.m. to 4:30 p.m., Eastern Standard Time.

ADDRESSES: The meeting will be at the U.S. Department of
Transportation; 1200 New Jersey Avenue SE., Washington, DC 20590. Any
person requiring accessibility accommodations should

contact Matthew Chambers at<PHONE_NUMBER> or via email at:
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: U.S. Department of Transportation,
Office of the Assistant Secretary for Research and Technology, Bureau
of Transportation Statistics, Attn: Port Performance Freight Statistics
Working Group, 1200 New Jersey Avenue SE., Room # E32-342, Washington,
DC 20590.

SUPPLEMENTARY INFORMATION:
    Background: The Port Performance Freight Statistics Working Group
has been created in accordance with Section 6018 of the FAST Act (Pub.
L. 114-94; Dec. 4, 2015; 129 Stat. 1312). The Working Group supports
development of the newly-established BTS Port Performance Freight
Statistics Program. The goal of the program is ``to provide nationally
consistent measures of performance'' of the nation's largest ports, and
to report annually to Congress on port capacity and throughput.
    The Working Group is established in the FAST Act to provide
recommendations to the BTS Director on matters related to port
performance measures; to identify a standard for port data; to specify
standards for consistent port performance measures; to recommend
statistics for measuring port capacity and throughput; and to develop a
process to collect timely and consistent data. The FAST Act also
identifies the membership of the Working Group, and sets a due date for
recommendations to the BTS Director of December 4, 2016.
    Agenda: During the meeting, U.S. Department of Transportation
(hereafter, ``Department'') staff will provide updates of the
Department's progress in implementing its Port Performance Freight
Statistics Program and related provisions. The Working Group will
discuss its draft recommendations on the following topics:
    (a) Generally accepted industry standard for port data collection
and reporting.
    (b) Standards for collecting data and reporting nationally
consistent port performance measures.
    (c) Statistics measuring U.S. port capacity and throughput.
    (d) Process for the Department to collect timely and consistent
data, including identifying safeguards to protect proprietary
information.
    The final meeting agenda will be posted on the BTS Web site at
www.bts.gov/port_performance in advance of the meeting.
    Public Participation: The meeting will be open to the public on a
first-come, first served basis, especially because space is limited.
Members of the public who wish to attend the meetings in-person are
asked to send RSVPs, including name and affiliation to
<EMAIL_ADDRESS>in order to request a seat and to facilitate
entry. RSVPs are requested by November 14, 2016. Any person requiring
accessibility accommodation, such as sign language interpretation,
should contact the Matthew Chambers at<PHONE_NUMBER> or via email at:
<EMAIL_ADDRESS>five (5) business days before the meeting.
    Written Comments: Persons who wish to submit written comments on
the draft Work Plan or for consideration by the Working Group at its
November meeting must send them via email to<EMAIL_ADDRESS>or
mail to Matthew Chambers, Designated Federal Officer, Port Performance
Freight Statistics Working Group, 1200 New Jersey Avenue SE., Room #
E32-342, Washington, DC 20590. Written comments for the Working Group's
November meeting must be received on or before November 14, 2016.
Written comments on the draft Work Plan must be received on or before
October 20, 2016. Comments on the Working Group's activities can be
provided at any time to<EMAIL_ADDRESS>
    Dated: October 3, 2016.
Michael Sprung,
Assistant Director, Bureau of Transportation Statistics.
[FR Doc. 2016-24446 Filed 10-7-16; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Notices]
[Page 39541-39543]
[DOCID:fr09jy10-47]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0306]

Agency Information Collection Activities; Proposed Collection;
Comment Request; ``The Dairy Practitioner's Role in Residue Avoidance
Survey''

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on FDA's ``The Dairy Practitioner's Role in
Residue Avoidance Survey.''

DATES:  Submit either electronic or written comments on the collection
of information by September 7, 2010.

ADDRESSES:  Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written

comments on the collection of information to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. All comments should be identified with
the docket number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of
information Management, Food and Drug Administration, 350 Piccard Dr.,
P150-400B,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

``The Dairy Practitioner's Role in Residue Avoidance Survey'' (OMB
Control Number--0910-NEW)

    The Food and Drug Administration (FDA), through its Center for
Veterinary Medicine (CVM), regulates the manufacture and distribution
of food additives and drugs that will be given to animals. FDA is
responsible for investigating veterinary drug residue violations in
meats and providing regulatory action when necessary. In connection
with this mission, the CVM Office of Surveillance and Compliance (OSC)
develops programs to promote veterinary drug residue awareness and
avoidance in order to reduce the risk of drug residues in safeguarding
the public health. Information will be collected to determine the
current state of veterinary drug residue avoidance in the dairy
industry.
    The United States Department of Agriculture (USDA), Food Safety and
Inspection Service (FSIS) and FDA are responsible for collecting data
on tissue residues of animal drugs. Information from this survey will
be analyzed and used to: (1) Identify the respondent's level of
awareness of the veterinary drug residues in dairy beef; (2) assess the
current level of participation in the existing residue avoidance
programs i.e., the Food Animal Residue Avoidance Database and Dairy
Beef Quality Assurance Program; (3) identify risk factors currently
associated with drug residues in dairy tissues; and (4) identify the
best way to disseminate drug residue avoidance information to dairy
producers. Information from this study will be used to shape the
Agency's efforts to develop educational materials and to identify ways
in which the Agency can optimize resources in the area of drug residue
avoidance. Further, the findings will be presented in a descriptive
report and informational sheets will be disseminated to animal health
officials, dairy producers, and veterinarians. Participation in this
survey is voluntary. It is up to the individual dairy practitioner to
determine if participation is desirable.
    ``The Dairy Practitioner's Role in Residue Avoidance Survey'' will
be comprised of a one time study that will employ a web-based self-
administered survey instrument, followed by mailing of the same survey
in a paper self-administered mode to increase coverage and response
rate. The instrument will collect information on the respondent's
knowledge of drug residues in dairy beef and experience with drug
residues at their clients' dairy farms. The study will be disseminated
via the American Association of Bovine Practitioners (AABP) e-mail
list-serve. Mail and electronic correspondence promotional material
will be disseminated throughout the process to increase response rates.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                    No. of         Annual Frequency      Total Annual          Hours per
    Study         respondents        per response          Responses           Response           Total Hours
----------------------------------------------------------------------------------------------------------------
Survey                     2,890                   1               2,890                 .33               953.7
----------------------------------------------------------------------------------------------------------------
Total                                                                                ..................
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    There will be 2,890 respondents for a one-time survey total of
2,890 annual responses. The hours per response is estimated to be .33
hours. Thus the total annual burden is estimated to be 953.7 hours. A
60 percent response rate is expected.

    Dated: July 1, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-16806 Filed 7-8-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Notices]
[Pages 50511-50512]
[FR Doc No: 2011-20696]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65074; File No. SR-EDGA-2011-25]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
EDGA Rule 11.13 To Extend the Operation of a Pilot Program Pursuant to
the Rule Until January 31, 2012

August 9, 2011.
    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 August 5, 2011, the EDGA Exchange, Inc. (the ``Exchange'' or
the ``EDGA'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend EDGA Rule 11.13 to extend the
operation of a pilot pursuant to the Rule (the ``Pilot'') until January
31, 2012. The text of the proposed rule change is attached as Exhibit 5
and is available on the Exchange's Web site at http://www.directedge.com, at the Exchange's principal office, and at the
Public Reference Room of the Commission.

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 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

Purpose
    The purpose of this filing is to extend the effectiveness of the
Exchange's current rule applicable to Clearly Erroneous Executions,
Rule 11.13, through January 31, 2012.
Background
    The rule, explained in further detail below, was initially approved
to operate under a Pilot program set to expire on December 10, 2010.\3\
Then, it was subsequently extended by the Exchange to April 11,
2011.\4\ Then, it was further extended by the Exchange through the
earlier of August 11, 2011 or the date on which a limit up/limit down
mechanism to address extraordinary market volatility, if adopted,
applies.\5\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 62886 (September 10,
2010), 75 FR 56613 (September 16, 2010) (SR-EDGA-2010-03).
    \4\ See Securities Exchange Act Release No. 63517 (December 10,
2010), 75 FR 78318 (December 15, 2010) (SR-EDGA-2010-24).
    \5\ See Securities Exchange Act Release No. 64230 (April 7,
2011), 76 FR 20770 (April 13, 2011) (SR-EDGA-2011-12).
---------------------------------------------------------------------------

    On September 10, 2010, the Commission approved, on a Pilot basis,
changes to EDGA Rule 11.13 to provide for uniform treatment: (1) Of
clearly erroneous execution reviews in multi-stock events involving
twenty or more securities; and (2) in the event transactions occur that
result in the issuance of an individual stock trading pause by the
primary market and subsequent transactions that occur before the
trading pause is in effect on the Exchange.\6\ The Exchange also
adopted additional changes to Rule 11.13 that reduced the ability of
the Exchange to deviate from the objective standards set forth in Rule
11.13.\7\ The Exchange believes the benefits to market participants
from the more objective clearly erroneous executions rule should be
approved to continue on a Pilot basis through January 31, 2012.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 62886 (September 10,
2010), 75 FR 56613 (September 16, 2010) (SR-EDGA-2010-03).
    \7\ Id.
---------------------------------------------------------------------------

Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\8\ which requires the rules of an exchange to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule meets these requirements in
that it promotes transparency and uniformity across markets concerning
review of transactions as clearly erroneous.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    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 \9\ and Rule 19b-
4(f)(6)(iii) thereunder.\10\ 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 such waiver will allow the
pilot program to continue uninterrupted and help ensure uniformity
among the national securities exchanges and FINRA with respect to the
treatment of clearly

erroneous transactions.\11\ Accordingly, the Commission waives the 30-
day operative delay requirement and designates the proposed rule change
as operative upon filing with the Commission.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self- regulatory organization submit to
the Commission written notice 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 filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Commission notes that the Exchange has satisfied
this requirement.
    \11\ 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. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-EDGA-2011-25 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-EDGA-2011-25. 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 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 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-EDGA-2011-25 and should be
submitted on or before September 6, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Elizabeth M. Murphy,
Secretary.
---------------------------------------------------------------------------

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

[FR Doc. 2011-20696 Filed 8-12-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Rules and Regulations]
[Pages 37435-37437]
[FR Doc No: 2018-16413]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0604; FRL-9981-23--Region 1]

Air Plan Approval; Vermont; Infrastructure Requirement for the
2010 Sulfur Dioxide National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Vermont.
This revision addresses the interstate transport requirements of the
Clean Air Act (CAA), referred to as the good neighbor provision, with
respect to the primary 2010 sulfur dioxide (SO2) national
ambient air quality standard (NAAQS). This action approves Vermont's
demonstration that the State is meeting its obligations regarding the
transport of SO2 emissions into other states. This action is
being taken under the Clean Air Act.

DATES: This rule is effective on August 31, 2018.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2014-0604. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available at www.regulations.gov or at
the U.S. Environmental Protection Agency, EPA New England Regional
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5
Post Office Square--Suite 100, Boston, MA. EPA requests that if at all
possible, you contact the contact listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, Air Permits, Toxics, and
Indoor Programs Unit, U.S. Environmental Protection Agency, EPA New
England Regional Office, 5 Post Office Square--Suite 100, (Mail code
OEP05-2), Boston, MA 02109--3912, tel.<PHONE_NUMBER>; or by email at
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On November 2, 2015, the Vermont Department of Environmental
Conservation (VT DEC) submitted a formal SIP revision certifying that
its SIP was adequate to meet the program elements required by Section
110(a)(2) of the CAA with respect to the 2008 ozone, 2010 primary
nitrogen dioxide (NO2), and 2010 primary SO2
NAAQS

(2015 SIP submittal). On June 27, 2017 (82 FR 29005), the EPA approved
most of the State's submission. The EPA conditionally approved the
State's submission in relation to subsections (C), (D), and (J) of CAA
Section 110(a)(2) for the prevention of significant deterioration
permit program. At that time, the EPA did not take action on the
State's submittal regarding VT DEC's certification that its SIP met the
requirements of Section 110(a)(2)(D)(i)(I) for the 2010 primary
SO2 NAAQS.
    On April 10, 2018 (83 FR 15336), the EPA published a Notice of
Proposed Rulemaking (NPR) for the portion of the 2015 SIP submittal
that demonstrated Vermont's SIP meets the infrastructure requirements
of Section 110(a)(2)(D)(i)(I) for the 2010 primary SO2
NAAQS. The rationale for the EPA's proposed action is explained in the
NPR and will not be restated here.

II. Response to Comments

    The EPA received four comments during the comment period. The
comments discuss subjects outside the scope of an infrastructure SIP
action, do not explain (or provide a legal basis for) how the proposed
action should differ in any way, and make no specific mention of the
proposed action. As such, they are not germane and do not require
further response to finalize the action as proposed.

III. Final Action

    The EPA is approving Vermont's November 2, 2015 infrastructure
submittal for the 2010 primary SO2 NAAQS as it pertains to
Section 110(a)(2)(D)(i)(I) of the CAA.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     This action is not an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 1, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Sulfur oxides.

    Dated: July 26, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

     Authority: 42 U.S.C. 7401 et seq.

Subpart UU--Vermont

0
2. Section 52.2370 is amended in paragraph (e) table by adding the
entry ``Transport Element of the Infrastructure SIP for the 2010
SO2 NAAQS'' after the entry ``Infrastructure SIP for the
2010 SO2 NAAQS'' to read as follows:

Sec.  52.2370  Identification of plan.

* * * * *
    (e) * * *

                                             Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
                                                                   State
   Name of non-regulatory SIP     Applicable  geographic or   submittal date/  EPA  approved     Explanations
           provision                  nonattainment area      effective date       date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Transport Element of the         Statewide..................       11/2/2015        8/1/2018  Approved submittal
 Infrastructure SIP for the                                                          [Insert   meets the
 2010 SO2 NAAQS.                                                                     Federal   requirements of
                                                                                Register   Section
                                                                                citation]   110(a)(2)(D)(i)(I
                                                                                ) for the 2010
                                                                                SO2 NAAQS

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-16413 Filed 7-31-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: December 12, 2005 (Volume 70, Number 237)]
[Notices]
[Page 73506-73507]
[DOCID:fr12de05-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52882; File No. SR-PCX-2005-130]

Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Market Maker Transaction Credits for Round Lots of Certain Listed
Securities

December 2, 2005.
    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 November 29, 2005, the Pacific Exchange, Inc. (``PCX'' or
``Exchange''), through its wholly-owned subsidiary PCX Equities, Inc.
(``PCXE''), submitted to 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 PCX. The Exchange
filed the proposed rule change pursuant to Section 19(b)(3)(A) of the
Act \3\ which renders it 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).
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the PCXE Schedule of Fees and
Charges (``Schedule'') to reduce the transaction credit payable to
Market Makers for the execution of round lot orders of NYSE listed
securities. The text of the proposed rule change is below. Additions
are italicized; deletions are [bracketed].

Schedule of Fees and Charges for Exchange Services

Archipelago Exchange: Market Maker Fees and Charges

* * * * *

                    Market Maker Transaction Credits

Round Lots:
    NYSE Listed Securities [(other than  $0.001[25] per share (credit)
     ETFs and ADRs)].                     (applicable to Q orders
                                          executed against other
                                          participants' orders).
    Listed Securities (other than NYSE   $0.002 per share (credit)
     Listed) and Nasdaq Securities.       (applicable to Q orders
                                          executed against other
                                          participants' orders).

* * * * *

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

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

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

1.Purpose
    The Exchange proposes to amend the Fee Schedule, effective December
1, 2005, to reduce the transaction credit payable to Market Makers \4\
for Q Orders \5\ executed against other Exchange participants' orders
for round lots of NYSE listed securities. Currently, the credit to
Market Makers for transactions of this type is $0.0025 per share;
however, as a strategy to better manage costs to the Exchange due to an
increase in Market Maker participants and while maintaining incentives
for providing liquidity in NYSE listed securities, the Exchange
proposes to reduce these transaction credits to $0.001 per share for
NYSE listed securities and maintain the existing $0.002 per share
credit for securities listed on an exchange other than the NYSE and for
Nasdaq listed securities.
---------------------------------------------------------------------------

    \4\ As defined by PCXE Rule 1.1(u).
    \5\ As defined by PCXE Rule 7.31(k)
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6 of the Act,\6\ in general, and furthers the objectives
of Section 6(b)(4) of the Act,\7\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees, and other
charges among its ETP Holders, issuers, and other persons using its
facilities.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

    Written comments on the proposed rule change were neither solicited
nor received.

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

    The foregoing rule change establishes or changes a due, fee, or
other charge imposed by the Exchange and therefore has become effective
pursuant to Section 19(b)(3)(A) of the Act \8\ and subparagraph (f)(2)
of Rule 19b-4 thereunder.\9\ At any time within 60 days of the filing
of such 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 purpose of the Act.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(1)(2).
---------------------------------------------------------------------------

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 Number SR-PCX-2005-130 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC, 20549-0609.
    All submissions should refer to File Number SR-PCX-2005-130. 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. Copies of such
filing also will be available for inspection and copying at the
principal office of the PCX. 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-PCX-2005-130 and should be submitted on or before
January 3, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
 [FR Doc. E5-7190 Filed 12-9-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60195-60196]
[FR Doc No: 2017-27302]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0539; FRL-9972-11]
RIN 2070-AK37

Pesticides; Certification of Pesticide Applicators Rule;
Reconsideration of the Minimum Age Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is providing notice to the public that it has initiated a
rulemaking process to revise the minimum age requirements in the
Certification of Pesticide Applicators rule. EPA expects to publish a
Notice of Proposed Rulemaking in FY 2018 to solicit public input on
these proposed revisions to the rule. EPA is also announcing that the
implementation dates in the January 4, 2017 Federal Register (82 FR
952) (FRL-9956-70); for certifying authorities to submit revised
certification plans, and for EPA to act on those plans remain in
effect; EPA has no plans to change those implementation dates.

FOR FURTHER INFORMATION CONTACT: Kevin Keaney, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number<PHONE_NUMBER>, email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This document is directed to the public in general. However, this
document may be of particular interest to you if you apply restricted
use pesticides (RUPs), use RUPs under the direct supervision of a
certified applicator; are a State, Tribe or Federal agency who
administers a certification program for pesticide applicators; a
pesticide safety educator; or another person who provides pesticide
safety training for pesticide applicator certification or
recertification. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
document applies to them. Potentially affected entities may include:
     Agricultural Establishments (Crop Production) (NAICS code
111).
     Animal Production and Aquaculture). (NAICS code 112).
     Nursery and Tree Production (NAICS code 111421).
     Agricultural Pest Control and Pesticide Handling on Farms
(NAICS code 115112).
     Crop Advisors (NAICS codes 115112, 541690, 541712).
     Agricultural (Animal) Pest Control (Livestock Spraying)
(NAICS code 115210).
     Forestry Pest Control (NAICS code 115310).
     Wood Preservation Pest Control (NAICS code 321114).
     Pesticide Registrants (NAICS code 325320).
     Pesticide Dealers (NAICS codes 424690, 424910, 444220).

     Insurance Carriers and Related Activities (NAICS code
524).
     Research & Demonstration Pest Control, Crop Advisor (NAICS
code 541710).
     Industrial, Institutional, Structural & Health Related
Pest Control (NAICS code 561710).
     Ornamental & Turf, Rights-of-Way Pest Control (NAICS code
561730).
     Environmental Protection Program Administrators (NAICS
code 924110).
     Governmental Pest Control Programs (NAICS code 926140).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed
under FOR FURTHER INFORMATION CONTACT.

II. What action is the Agency taking?

    In accordance with Executive Order 13777, titled Enforcing the
Regulatory Reform Agenda, EPA solicited public comments on regulations
that may be appropriate for repeal, replacement or modification as part
of the President's Regulatory Reform Agenda efforts through docket
[EPA-HQ-OA-2017-0190]. In addition, EPA issued several rules in 2017 to
delay the effective date of the final certification rule including one
issued on May 15, 2017 (82 FR 22294), that solicited public comment on
a proposed 12-month delay of the effective date. Some of the comments
received during that comment period included input on specific
provisions of the revised Certification of Pesticide Applicators rule
(82 FR 952; January 4, 2017) in addition to or instead of comments on
the proposed 12-month delay of the effective date.
    Through these efforts, EPA received comments on the minimum age
requirements in the certification rule, which were discussed at the
November 2, 2017, meeting of the Office of Pesticide Program's Federal
Advisory Committee, the Pesticide Program Dialogue Committee (PPDC). A
transcript of the PPDC meeting will be posted when available on EPA's
website at https://www.epa.gov/pesticide-advisory-committees-and-regulatory-partners/pesticide-program-dialogue-committee-meeting-5.
    After considering these comments, revisiting the record, and
reviewing the applicable statutory authority, EPA has determined that
further consideration of the rule's minimum age requirements is
warranted through the rulemaking process. EPA is providing notice to
the public that the Agency has begun the internal rulemaking process to
address the minimum age requirements in the Certification of Pesticide
Applicators rule at 40 CFR 171. EPA expects to publish a Notice of
Proposed Rulemaking in FY 2018 to solicit public input on these
proposed revisions to the Certification of Pesticide Applicators rule.
    EPA is also announcing that the implementation dates in 40 CFR
171.5 of the final rule published on January 4, 2017, for certifying
authorities to submit revised certification plans, and for EPA to act
on those plans remain in effect; EPA has no plans to change those
implementation dates. Therefore, if a certifying authority submits its
modified certification plan by March 4, 2020, the existing approved
certification plan remains in effect until EPA has approved or rejected
the modified plan or March 4, 2022, whichever is earlier.

    Authority: 7 U.S.C. 136-136y.

    Dated: December 13, 2017.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2017-27302 Filed 12-18-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43898-43899]
[FR Doc No: 2013-17446]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0024; OMB No. 1660-0022]

Agency Information Collection Activities: Proposed Collection;
Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a revision of a currently approved information
collection. In accordance with the Paperwork Reduction Act of 1995,
this notice seeks comments concerning the application for the National
Flood Insurance Program's Community Rating System program. This program
allows communities to become eligible for discounts on the cost of
flood insurance when they undertake activities to mitigate anticipated
damage due to flooding. The application materials verify and document
the community mitigation activities performed and provide the Federal
Emergency Management Agency with the information necessary to determine
if flood insurance premium discounts are appropriate for participating
communities. CRS credits have been added in numerous areas that
contribute to the protection of salmonid habitat.

DATES: Comments must be submitted on or before September 20, 2013.

ADDRESSES: To avoid duplicate submissions to the docket, please use
only one of the following means to submit comments:
    (1) Online. Submit comments at www.regulations.gov under Docket ID
FEMA-2013-0024. Follow the instructions for submitting comments.
    (2) Mail. Submit written comments to Docket Manager, Office of
Chief Counsel, DHS/FEMA, 500 C Street SW., Washington, DC 20472-3100.
    (3) Facsimile. Submit comments to<PHONE_NUMBER>.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
Rulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy Act
notice that is available via the link in the footer of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Bill Lesser, Program Specialist,
Federal Insurance and Mitigation Administration, at<PHONE_NUMBER> for
additional information. You may contact the Records Management Division
for copies of the proposed collection of information at facsimile
number<PHONE_NUMBER> or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Section 541 of the National Flood Insurance
Reform Act (NFIRA) of 1994, 42 U.S.C. 4022, requires that a community
rating system be established. This ratings system is a voluntary
program for communities and it would provide a method by which flood
mitigation activities engaged in by these communities could be
measured. The effect of this mitigation activity would reduce the
exposure of the communities to damages resulting from flooding and in
turn reduce the losses incurred as a result of this flooding. To
encourage participation, discounts on flood insurance are offered
within communities that successfully complete qualified mitigation
actions, and the community ratings system provides the ability to
measure these actions and to recertify the communities in successive
years.
    CRS credits have been added in numerous areas that contribute to
the protection of salmonid habitat. Credit has been newly provided--or
increased--for habitat preservation and protection related to salmonids
in several areas. These include new credits for public outreach related
to endangered species, open space preservation, higher regulatory
standards that can include protective practices such as zoning that
protect salmonid, and developing floodplain management plans. Low
Impact Development and volume control credits were added to Stormwater
Management. Incorporating low impact development practices will result
in cleaner rainwater runoff. It will also delay urban runoff into
floodplains, resulting in reduced stormwater volume that can otherwise
have a detrimental scouring impact on a stream's health and its ability
to support species.
    Open Space credits were added for areas that include habitat for
threatened and endangered species under Natural Functions Open Space.
This incentive is designed to motivate local governments to protect
lands that enhance the habitat of threatened and endangered species.
Credits have been added under Open Space Preservation, Natural
Shoreline Protection, to encourage communities to actively manage
riparian lands to preserve and sustain biologic functions. Flood
Protection points have been reduced for structural flood control
features to encourage communities to seek flood risk reduction
solutions that result in establishing new open space areas rather than
continuing to support intensively developed floodplains. Dismantling or
setting back levees in such a way that results in creation of open
space will earn significantly more CRS points than previously
available. Levee Credit Activity as well as credit for channel
maintenance include a requirement for maintenance activities to be
compliant with environmental and historic preservation laws and
executive orders, including integration of vegetative management
practices. A new CRS Class 4 prerequisite has been established
requiring a CRS Class 4 or better community to have at least 100 points
for activities that protect natural floodplain functions.

Collection of Information

    Title: Community Rating System (CRS) Program--Application
Worksheets and Commentary.
    Type of Information Collection: Revision of a currently approved
information collection.
    FEMA Forms: FEMA Form 086-0-35, Community Rating System Application
Letter of Interest and Quick Check Instructions; FEMA Form 086-0-35A,
Community Annual Recertification; and FEMA Form 086-0-35B,
Environmental and Historic Preservation Certifications.
    Abstract: The CRS Application and Certifications are used by
communities that participate in the National Flood Insurance Program's
(NFIP) Community Rating System (CRS) to document the

activities that communities have undertaken to mitigate against future
flood losses. The CRS Application and Certifications provide a step-by-
step process for communities to follow in their effort to achieve the
maximum amount of discount on flood insurance premiums. CRS is a
voluntary program where flood insurance costs are reduced in
communities that implement practices, such as building codes and public
education activities, that are recognized as reducing risks of flooding
and promoting the purchase of flood insurance.
    Affected Public: State, Local or Tribal Government.
    Number of Respondents: 1,274.
    Number of Responses: 1,274.
    Estimated Total Annual Burden Hours: 32,908.
    Estimated Cost: There are no estimated operational, maintenance,
capital or start-up costs associated with this information collection.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

    Dated: July 15, 2013.
Charlene D. Myrthil,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2013-17446 Filed 7-19-13; 8:45 am]
BILLING CODE 9110-11-P