[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Notices]
[Pages 15783-15790]
[FR Doc No: 2013-05583]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69042; File No. SR-EDGX-2013-10]

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

March 5, 2013.
    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 28, 2013, EDGX Exchange, Inc. (the ``Exchange'' or
``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 www.directedge.com, at the Exchange's principal
office, and at the Public Reference Room of the Commission.
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    \3\ As defined in Exchange Rule 1.5(n).
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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
Securities Priced Below $1.00
    The Exchange's default \4\ rates for securities priced below $1.00
that add, remove or route liquidity are listed on the Exchange's fee
schedule. Under ``Liquidity Flags and Associated Fees,'' the Exchange
proposes to modify the title of the existing column from ``Fee/
(Rebate)'' to ``Fee/(Rebate) Securities at or above $1.00.'' The
Exchanges also proposes to insert a column titled ``Fee/(Rebate)
Securities below $1.00'' to list the rate that corresponds to each
liquidity flag for securities priced below $1.00 in order to increase
the transparency of the Exchange's fee schedule, as described in
greater detail below. In addition, the Exchange proposes to delete the
text under ``Liquidity Flags and Associated Fees'' that states ``unless
otherwise noted, the following rebates and fees apply to orders in
securities priced $1 and over'' because this text is no longer accurate
given the Exchange's proposed changes.
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    \4\ Where ``default'' refers to the standard rate that the
Exchange charges its Members for orders that add, remove, or route
liquidity from the Exchange absent Members qualifying for additional
volume tiered pricing. The Exchange maintains default rates for
securities at or above $1.00 and securities priced below $1.00 for
orders that add, remove, and route liquidity. The Exchange notes
that a Member may qualify for a higher rebate if the Member
satisfies the volume tier requirements outlined in Footnotes 1, 2,
6, 11 and 13 of the fee schedule for securities priced at or above
$1.00. The Exchange notes that the volume from securities priced
below $1.00 contributes toward volume tiered requirements for
securities priced at or above $1.00 as outlined in Footnotes 1, 2,
6, 11 and 13 of the fee schedule. Unless otherwise stated in the fee
schedule, the Exchange does not offer volume tiered pricing for
securities priced below $1.00.
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    The Exchange's fee schedule states that it offers Members the
default rebate of $0.00003 per share for orders that add liquidity in
securities priced below $1.00. The Exchange proposes to amend its fee
schedule to list the rebate of $0.00003 in the column ``Fee/(Rebate)
Securities below $1.00'' for Flags B, V, Y, 3, 4, HA, MM, RP, and ZA.
The Exchange notes that this proposal does not modify the current rates
it charges its Members for orders that yield Flags B, V, Y, 3, 4, HA,
MM, RP, and ZA for securities priced below $1.00 that add liquidity to
the Exchange.
    The Exchange's fee schedule states that it charges Members the
default rate of 0.30% of the dollar value of the transaction for orders
that remove liquidity in securities priced below $1.00.\5\ The Exchange
proposes to amend its fee schedule to list the rate of 0.30% of the
dollar value of the transaction in the column ``Fee/(Rebate) Securities
below $1.00'' for Flags N, W, 6, BB, MT, PI, PR, and ZR. The Exchange
notes that this proposal does not modify the current rates it charges
its Members for orders that yield Flags N, W, 6, BB, MT, PI, PR, and ZR
for securities priced below $1.00 that remove liquidity from the
Exchange.
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    \5\ This fee is consistent with the limitations of Regulation
NMS, SEC Rule 610(c), for securities priced below $1.00.
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    The Exchange's fee schedule states that it charges Members the
default rate of 0.30% of the dollar value of the transaction for orders
that route to away trading destinations in securities priced below
$1.00. The Exchange proposes to amend its fee schedule to list the rate
of 0.30% of the dollar value of the transaction in the column ``Fee/
(Rebate) Securities below $1.00'' for Flags D, G, I, J, K, L, O, Q, R,
S, T, U, X, Z, 2, 7, CL, RQ, RR, RT, RX, and SW. The Exchange notes
that this proposal does not modify the current rates it charges its
Members for orders that yield Flags D, G, I, J, K, L, O, Q, R, S, T, U,
X, Z, 2, 7, CL, RQ, RR, RT, RX, and SW for securities priced below
$1.00 that route to away trading destinations and remove liquidity. In
addition, the Exchange proposes to amend the title of the routing
liquidity category to ``Routing and Removing Liquidity'' in order to
increase the transparency of the Exchange's fee schedule. Regarding the
flags' descriptions contained on the fee schedule, the Exchange
proposes to delete references to removing liquidity for Flags D, G, J,
L, U, 2, RR, RT and RX because the Exchange's references to ``route''
imply that the flags route and remove liquidity. In addition, the
Exchange proposes to make conforming changes to the description of Flag
U in order to make the descriptions for all flags that route and remove
liquidity consistent.
    The Exchange's fee schedule does not clearly disclose its pricing
for Members' orders that route to some away trading destinations \6\
and add liquidity in securities priced below $1.00. The Exchange
currently assesses no charge to Members for orders that route to these
away trading destinations and add liquidity because these away trading
destinations pass through no charge to Direct Edge ECN LLC (d/b/a DE
Route) (``DE Route''), the Exchange's affiliated routing broker dealer,
for adding liquidity in securities priced below $1.00. The Exchange
proposes to amend its fee schedule to assess no charge for Flags A, F,
M, 8, 9, 10, RA, RB, RS, RW, RY, and RZ. The Exchange notes that its
proposal conforms to an existing practice and does not modify the rates
that the Exchange has been charging its Members for orders that yield
Flags A, F, M, 8, 9, 10, RA, RB, RS, RW, RY, and RZ for securities
priced below $1.00 that route to away trading destinations and add
liquidity. In addition, the Exchange proposes to make conforming
changes to Flag M's description in order to make the descriptions for
all flags that route to these away trading destinations and add
liquidity consistent and to revise Flag 8 to replace the entity
formerly known as NYSE Amex with NYSE MKT LLC.
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    \6\ The Exchange currently assess no charge for Members' orders
that route to the following away trading destinations and add
liquidity: NYSE Arca, Inc. (``NYSE Arca''), New York Stock Exchange
LLC (``NYSE''), The NASDAQ Stock Market LLC (``NASDAQ''), LavaFlow
ECN, NASDAQ OMX BX, Inc.'s (``NASDAQ BX''), CBOE Stock Exchange,
Inc. (``CBSX''), BATS Y-Exchange, Inc. (``BATS BYX''), BATS
Exchange, Inc. (``BATS BZX''), EDGA Exchange, Inc. (``EDGA''),
NASDAQ OMX PSX, Inc. (``NASDAQ PSX''), and NYSE MKT LLC (formerly
NYSE Amex).
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    The Exchange's fee schedule displays a rebate of $0.00003 per share
as the default rate for Members, orders that add liquidity and a charge
of 0.30% of the dollar value of the transaction as the

default rate for Members, orders that remove liquidity for securities
priced below $1.00. However, in practice, the Exchange assesses no
charge for Members' orders that that yield Flag OO in securities priced
below $1.00, which represents Members' orders that are matched at the
``Direct Edge Opening'' and either add or remove liquidity. The
Exchange proposes to amend its fee schedule to assess no charge for
Flag OO. The Exchange notes that its proposal conforms to an existing
practice and does not modify the rate that the Exchange has been
charging its Members for orders that yield Flag OO for securities
priced below $1.00 that are matched at the Direct Edge Opening.
    The Exchange's fee schedule does not clearly disclose its pricing
for Members' orders that yield Flag RC in securities priced below
$1.00. The Exchange currently assesses no charge for Members' orders
that yield Flag RC, which route to the National Stock Exchange, Inc.
(the ``NSX'') and add liquidity. The Exchange proposes to amend its fee
schedule to assess no charge for Flag RC. The Exchange notes that its
proposal conforms to an existing practice and does not modify the rate
that the Exchange has been charging its Members for orders that yield
Flag RC for securities priced below $1.00 that route to the NSX and add
liquidity.
    As provided in Footnote 3 of the fee schedule, the Exchange
currently assesses a charge of 0.10% of the dollar value of the
transaction for Members' orders that yield Flag C, which route to
NASDAQ BX and remove liquidity in securities priced below $1.00. The
Exchange proposes to amend its fee schedule to list a charge of 0.10%
of the dollar value of the transaction in the column ``Fee/(Rebate)
Securities below $1.00'' for Flag C. The Exchange notes that this
proposal does not modify the current rate it charges its Members for
orders that yield Flag C for securities priced below $1.00 that route
to NASDAQ BX and add liquidity. In addition, the Exchange proposes to
delete ``removes liquidity'' in Flag C's description because the
Exchange's reference to ``routed'' implies that Flag C routes and
removes liquidity. The Exchange proposes to delete the text of Footnote
3 and its associated annotations on the default rate for routing and
removing liquidity at the top of the fee schedule in addition to Flags
C, D, J, L, and 2 on the Exchange's fee schedule because the Exchange
proposes to list these rates in the column ``Fee/(Rebate) Securities
below $1.00'' on the Exchange's fee schedule. The Exchange proposes to
insert ``intentionally omitted'' in Footnote 3 in place of the deleted
text.
    The Exchange notes that Footnote 10 on the fee schedule incorrectly
lists a flat rate of $0.0010 per share for Members' orders that yield
Flag BY in securities priced below $1.00. However, in practice, the
Exchange charges Members 0.10% of the dollar value of the transaction
for Members' orders that yield Flag BY, which routes to BATS BYX and
removes liquidity using routing strategies ROUC, ROUE or ROBY.\7\ This
rate represents a pass through of the rate that BATS BYX charges DE
Route. Accordingly, the Exchange proposes to amend its fee schedule to
assess a charge of 0.10% of the dollar value of the transaction for
Flag BY. The Exchange notes that its proposal conforms to an existing
practice and does not modify the rate that the Exchange has been
charging its Members for orders that yield Flag BY for securities
priced below $1.00 that route to BATS BYX and remove liquidity using
routing strategies ROUC, ROUE or ROBY. In addition, the Exchange
proposes to delete the text of Footnote 10 and its associated
annotation on Flag BY on the fee schedule because the Exchange proposes
to list this rate in the column ``Fee/(Rebate) Securities below
$1.00.'' The Exchange proposes to insert ``intentionally omitted'' in
Footnote 10 in place of the deleted text. In addition, the Exchange
proposes to delete ``removes liquidity'' in Flag BY's description
because the Exchange's reference to ``routed'' implies that Flag BY
routes and removes liquidity.
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    \7\ As defined in Exchange Rule 11.9(b)(3).
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    Customer internalization generally occurs when one Member presents
two orders to the Exchange from the same Member Participant Identifier
(``MPID'') separately, rather than in a paired manner, and the two
orders inadvertently match with one another.\8\ As provided in Footnote
11 of the fee schedule, the Exchange currently assesses a charge of
0.15% of the dollar value of the transaction per side for Members'
orders in securities priced below $1.00 that yield Flags 5, EA and ER,
which are the flags associated with customer internalization. The
Exchange proposes to amend its fee schedule to list the rate of 0.15%
of the dollar value of the transaction per side in the column ``Fee/
(Rebate) Securities below $1.00'' for Flags 5, EA and ER. The Exchange
notes that this proposal does not modify the current rates charged for
Members' orders that yield Flags 5, EA and ER for securities priced
below $1.00 that are associated with customer internalization. The
Exchange also notes that the internalization fee is no more favorable
than the prevailing maker/taker spread of 0.30% of the dollar value of
the transaction.\9\ In addition, the Exchange proposes to delete the
text of Footnote 11 on the Exchange's fee schedule that states, ``for
stocks priced below $1, the internalization rate is 0.15% of the dollar
value of the transaction per share per side'' because the Exchange
proposes to list these rates in the column ``Fee/(Rebate) Securities
below $1.00'' on the Exchange's fee schedule because this text is no
longer necessary given the Exchange's proposed changes.
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    \8\ Members are advised to consult Exchange Rule 12.2 regarding
fictitious trading.
    \9\ See Securities Exchange Release No. 64452 (May 10, 2011), 76
FR 28110, 28111 (May 13, 2011) (SR-EDGX-2011-13), where the Exchange
represented that it ``will work promptly to ensure that the
internalization fee is no more favorable than each prevailing maker/
taker spread.''
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Rate Changes for Flag AA
    The Exchange currently assesses no charge for Members' orders that
yield Flag AA for securities priced at or above $1.00 at this time. The
Exchange proposes to increase the rate it charges for Flag AA in
securities priced at or above $1.00 from no charge to $0.0012 per share
per side for Members' orders that inadvertently match with themselves
at the Midpoint Match \10\ in the same MPID. Therefore, the Exchange's
proposed internalization fee will be no more favorable than the current
spread of $0.0012 per share per side for Members' orders that add
liquidity at the Midpoint Match and yield Flag MM and Members' orders
that remove liquidity at the Midpoint Match and yield Flag MT. The
Exchange notes that this proposed internalization fee will discourage
Members from engaging in potential wash sales.
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    \10\ As defined in Exchange Rule 11.5(c)(7).
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    In conjunction with the Exchange's proposal to amend the rate for
Members' orders that yield Flag AA in securities priced at or above
$1.00 as described above, the Exchange proposes to amend the rate it
charges Members for orders that yield Flag AA in securities priced
below $1.00. The Exchange currently assesses no charge for Members'
orders that inadvertently match with themselves at the Midpoint Match
in the same MPID. The Exchange proposes to charge Members 0.15% of the
dollar value of the transaction per side for securities priced below
$1.00 so the internalization fee is no more favorable than the spread
per side for Members' orders in securities priced below $1.00 that add
liquidity at the Midpoint Match

and yield Flag MM, and Members' orders that remove liquidity at the
Midpoint Match and yield Flag MT.\11\ The Exchange notes that this
proposed internalization fee will discourage Members from engaging in
potential wash sales.
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    \11\ The rate of 0.15% of the dollar value of the transaction
per side is derived from calculating the spread between adding and
removing liquidity in securities priced below $1.00 for Flags MM and
MT. The Exchange assumes a security is priced at $0.99 and dividing
that result by two (2) to account for each side of the transaction:
(0.30% x 1 share x $0.99)-(rebate of $0.00003 per share) = $0.00294/
2 =$.00147 per share/$0.99 x 100 = approx. 0.15% of the dollar value
of the transaction.
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    The Exchange proposes to implement these amendments to its fee
schedule on March 1, 2013.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\12\ in general, and
furthers the objectives of Section 6(b)(4),\13\ 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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    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4).
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Securities Priced Below $1.00
    The Exchange believes that its proposal to revise its fee schedule
to list the default rate that corresponds to each liquidity flag for
securities priced below $1.00 that add liquidity on the Exchange's fee
schedule represents an equitable allocation of reasonable dues, fees
and other charges among its Members and other persons using its
facilities. Specifically, for Members' orders that add liquidity, the
Exchange proposes to list the default rebate of $0.00003 per share next
to Flags B, V, Y, 3, 4, HA, MM, RP, and ZA. The Exchange's proposal to
revise the corresponding text on the fee schedule, as described above,
will increase the level of transparency of the Exchange's fee schedule
and improve the Exchange's ability to effectively convey the rates for
securities priced below $1.00 to Members. In addition, the Exchange
believes it is equitable and reasonable to offer Members a default
rebate of $0.00003 per share for orders that add liquidity in
securities priced below $1.00 because it will incentivize Members to
add liquidity to the Exchange by offering them a rebate and offering
rebates to Members that add liquidity is consistent with the Exchange's
maker/taker model. The Exchange notes that its proposal does not modify
the current rates it charges its Members for orders that yield Flags B,
V, Y, 3, 4, HA, MM, RP, and ZA for securities priced below $1.00 that
add liquidity from the Exchange. Lastly, the Exchange also believes
that these proposed amendments are non-discriminatory because they
apply uniformly to all Members.
    The Exchange believes that its proposal to revise its fee schedule
to list the default rate that corresponds to each liquidity flag for
securities priced below $1.00 that remove liquidity on the Exchange's
fee schedule represents an equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. Specifically, for Members' orders that remove liquidity,
the Exchange proposes to list the default removal rate of 0.30% of the
dollar value of the transaction next to Flags N, W, 6, BB, MT, PI, PR,
and ZR. The Exchange's proposal to revise the corresponding text on the
fee schedule, as described above, will increase the level of
transparency of the Exchange's fee schedule and improve the Exchange's
ability to effectively convey the rates for securities priced below
$1.00 to Members. In addition, the Exchange believes it is equitable
and reasonable to charge Members a default removal rate of 0.30% of the
dollar value of the transaction because these fees allow the Exchange
to offset its administrative, clearing, and other operating costs
incurred in executing such trades. The Exchange notes that its proposal
does not modify the current rates it charges its Members for orders
that yield Flags N, W, 6, BB, MT, PI, PR, and ZR for securities priced
below $1.00 that remove liquidity from the Exchange. Lastly, the
Exchange also believes that these proposed amendments are non-
discriminatory because they apply uniformly to all Members.
    The Exchange believes that its proposal to revise its fee schedule
to list the default rate that corresponds to each liquidity flag for
securities priced below $1.00 that route and remove liquidity on the
Exchange's fee schedule represents an equitable allocation of
reasonable dues, fees and other charges among its Members and other
persons using its facilities. Specifically, for Members' orders that
route and remove liquidity, the Exchange proposes to list the default
rate of 0.30% of the dollar value of the transaction next to Flags D,
G, I, J, K, L, O, Q, R, S, T, U, X, Z, 2, 7, CL, RQ, RR, RT, RX, and
SW. The Exchange's proposal to revise the corresponding text on the fee
schedule, as described above, will increase the level of transparency
of the Exchange's fee schedule and improve the Exchange's ability to
effectively convey the rates for securities priced below $1.00 to
Members. In addition, the Exchange believes it is equitable and
reasonable to charge Members a default routing and removal rate of
0.30% of the dollar value of the transaction because these fees allow
the Exchange to offset its administrative, clearing, and other
operating costs incurred in executing such trades. The Exchange also
notes that routing through DE Route is voluntary. The Exchange notes
that its proposal does not modify the current rates it charges its
Members for orders that yield Flags D, G, I, J, K, L, O, Q, R, S, T, U,
X, Z, 2, 7, CL, RQ, RR, RT, RX, and SW for securities priced below
$1.00 that route to away trading destinations and remove liquidity.
Lastly, the Exchange also believes that these proposed amendments are
non-discriminatory because they apply uniformly to all Members.
    The Exchange believes that its proposal to pass through no charge
for securities priced below $1.00 that route to some away trading
destinations and add liquidity represents an equitable allocation of
reasonable dues, fees and other charges among its Members and other
persons using its facilities because the Exchange does not levy
additional fees or offer additional rebates for orders that it routes
to these away trading destinations through DE Route. The Exchange's fee
schedule does not clearly disclose its pricing for Members' orders that
route to these away trading destinations and add liquidity in
securities priced below $1.00. Currently, the away trading destinations
assess no charge to DE Route for orders that route to those
destinations and add liquidity, and DE Route passes through no charge
to the Exchange and the Exchange passes through no charge to its
Members.\14\ Therefore, since DE Route is

not charged a fee by the away trading destination for routing orders
that add liquidity to its trading center in securities priced below
$1.00, the Exchange believes it is equitable and reasonable to not
charge its Members for orders that yield Flags A, F, M, 8, 9, 10, RA,
RB, RS, RW, RY, and RZ. The Exchange's proposal allows the Exchange to
continue to charge its Members a pass-through rate for orders that are
routed to some away trading destinations and add liquidity through DE
Route. The Exchange notes that its proposal conforms to an existing
practice and does not modify the rates that the Exchange has been
charging its Members for orders that yield Flags A, F, M, 8, 9, 10, RA,
RB, RS, RW, RY, and RZ for securities priced below $1.00 that route to
these away trading destinations and add liquidity. The Exchange notes
that routing through DE Route is voluntary. The Exchange's proposal to
revise the corresponding text on the fee schedule, as described above,
will increase the level of transparency of the Exchange's fee schedule
and improve the Exchange's ability to effectively convey the rates for
securities priced below $1.00 to Members. Lastly, the Exchange also
believes that these proposed amendments are non-discriminatory because
they apply uniformly to all Members.
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    \14\ NYSE Arca, NYSE, NYSE MKT LLC, BATS BZX, BATS BYX, CBSX,
NASDAQ, NASDAQ BX, NASDAQ PSX, LavaFlow ECN, and EDGA assess
customers no charge for orders that add liquidity on their
respective exchanges in securities priced below $1.00. See NYSE
Arca, NYSE Arca Trading Fees, http://usequities.nyx.com/markets/nyse-arca-equities/trading-fees; NYSE, NYSE Trading Fees, http://usequities.nyx.com/markets/nyse-equities/trading-fees; NYSE MKT LLC,
NYSE MKT Trading Fees, http://usequities.nyx.com/markets/nyse-mkt-equities/trading-fees; BATS, BATS BZX and BYX Exchange Fee
Schedules, http://cdn.batstrading.com/resources/regulation/rule_book/BATS-Exchanges_Fee_Schedules.pdf; Chicago Board Options
Exchange, CBOE Stock Exchange Fees Schedule, http://www.cboe.com/publish/cbsxfeeschedule/cbsxfeeschedule.pdf; NASDAQ, Price List--
Trading and Connectivity, http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2; NASDAQ OMX BX, Inc., NASDAQ OMX BX
Price List--Trading and Connectivity, http://www.nasdaqtrader.com/Trader.aspx?id=bx_pricing; NASDAQ OMX PSX, Inc., NASDAQ OMX PSX
Price List--Trading and Connectivity, http://www.nasdaqtrader.com/Trader.aspx?id=PSX_Pricing; LavaFlow ECN, LavaFlow Pricing, https://www.lavatrading.com/solutions/pricing.php; and EDGA Exchange, Inc.,
EDGA Exchange Fee Schedule, http://www.directedge.com/Membership/FeeSchedule/EDGAFeeSchedule.aspx.
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    The Exchange believes that its proposal to assess no charge for
securities priced below $1.00 that yield Flag OO represents an
equitable allocation of reasonable dues, fees and other charges among
its Members and other persons using its facilities. Members will yield
Flag OO when their orders are matched at the Direct Edge Opening on
EDGX, whether the Member's order adds or removes liquidity. The
Exchange's fee schedule displays a rebate of $0.00003 per share as the
default rate for Members' orders that add liquidity and a charge of
0.30% of the dollar value of the transaction as the default rate for
Members' orders that remove liquidity for securities priced below
$1.00. However, in practice, the Exchange assesses no charge for
Members' orders that that yield Flag OO in securities priced below
$1.00, which represents Members' orders that are matched at the
``Direct Edge Opening'' and either add or remove liquidity. Because the
Exchange is not a primary listing market, Flag OO generates low volume;
therefore, the Exchange believes its proposal to assess no charge is
equitable and reasonable given that the Exchange incurs only nominal
administrative, clearing, and other operating costs in executing
trades. The Exchange notes that its proposal conforms an existing
practice and does not modify the rate that the Exchange has been
charging its Members for orders that yield Flag OO for securities
priced below $1.00 that are matched at the Direct Edge Opening. The
Exchange's proposal to revise the corresponding text on the fee
schedule, as described above, will increase the level of transparency
of the Exchange's fee schedule and improve the Exchange's ability to
effectively convey the rates for securities priced below $1.00 to
Members. Lastly, the Exchange also believes that the proposed amendment
is non-discriminatory because it applies uniformly to all Members.
    The Exchange believes that its proposal to assess no charge for
securities priced below $1.00 that yield Flag RC represents an
equitable allocation of reasonable dues, fees and other charges among
its Members and other persons using its facilities. Members will yield
Flag RC when their orders route to the NSX and add liquidity. The
Exchange's fee schedule does not clearly disclose its pricing for
Members' orders that yield Flag RC in securities priced below $1.00.
The Exchange notes that the NSX offers a rebate to DE Route for
Members' orders that yield Flag RC. The Exchange also notes that Flag
RC generates low volume and nominal revenue to the Exchange. Therefore,
the Exchange believes its proposal to assess no charge is equitable and
reasonable because the rebate paid by NSX to DE Route and DE Route to
the Exchange does not offset the administrative, clearing, and other
operating costs associated with passing through the NSX rebate to
Members. The Exchange notes that routing through DE Route is voluntary.
The Exchange also notes that its proposal conforms to an existing
practice and does not modify the rate that the Exchange has been
charging its Members for orders that yield Flag RC for securities
priced below $1.00. The Exchange's proposal to revise the corresponding
text on the fee schedule, as described above, will increase the level
of transparency of the Exchange's fee schedule and improve the
Exchange's ability to effectively convey the rates for securities
priced below $1.00 to Members. Lastly, the Exchange also believes that
the proposed amendment is non-discriminatory because it applies
uniformly to all Members.
    The Exchange believes that its proposal to revise its fee schedule
to list the rate of 0.10% of the dollar value of the transaction for
Members' orders that yield Flag C for securities priced below $1.00
represents an equitable allocation of reasonable dues, fees and other
charges among its Members and other persons using its facilities
because it is a pass-through rate and the Exchange does not levy
additional fees or offer additional rebates for orders that it routes
to NASDAQ BX through DE Route. Therefore, since DE Route is charged a
fee by NASDAQ BX for routing orders that remove liquidity to its
trading center in securities priced below $1.00, the Exchange believes
it is equitable and reasonable to charge its Members for orders that
yield Flag C. The Exchange's proposal allows the Exchange to continue
to charge its Members a pass-through rate for orders that are routed to
NASDAQ BX and remove liquidity through DE Route. The Exchange notes
that routing through DE Route is voluntary. The Exchange notes that its
proposal does not modify the current rate it charges its Members for
orders that yield Flag C for securities priced below $1.00. The
Exchange's proposal to revise the corresponding text on the fee
schedule, as described above and deleting the text of Footnote 3 and
its associated annotations on Flags C, D, J, L, and 2, will increase
the level of transparency of the Exchange's fee schedule and improve
the Exchange's ability to effectively convey the rates for securities
priced below $1.00 to Members. Lastly, the Exchange also believes that
this proposed amendment is non-discriminatory because it applies
uniformly to all Members.
    The Exchange believes that its proposal to pass through 0.10% of
the dollar value of the transaction for Members' orders that yield Flag
BY for securities priced below $1.00 represents an equitable allocation
of reasonable dues, fees and other charges among its Members and other
persons using its facilities because the Exchange does not levy
additional fees or offer additional rebates for orders that it routes
to BATS BYX through DE Route. The Exchange notes that Footnote 10 on
the fee schedule incorrectly lists a flat rate of $0.0010 per share for
Members' orders that yield Flag BY in securities priced below $1.00. In
practice, the Exchange charges Members 0.10% of the dollar value of the
transaction for Members' orders that yield Flag BY. Since DE

Route is charged a fee by BATS BYX for routing orders that remove
liquidity using routing strategies ROUC, ROUE or ROBY to its trading
center in securities priced below $1.00, the Exchange believes it is
equitable and reasonable to charge its Members for orders that yield
Flag BY. The Exchange's proposal allows the Exchange to continue to
charge its Members a pass-through rate for orders that are routed to
BATS BYX and remove liquidity through DE Route. The Exchange notes that
its proposal conforms to an existing practice and does not modify the
rate that the Exchange has been charging its Members for orders that
yield Flag BY for securities priced below $1.00. The Exchange notes
that routing through DE Route is voluntary. The Exchange's proposal to
revise the corresponding text on the fee schedule, as described above
and deleting the text of Footnote 10 and its associated annotation on
Flag BY, will increase the level of transparency of the Exchange's fee
schedule and improve the Exchange's ability to effectively convey the
rates for securities priced below $1.00 to Members. Lastly, the
Exchange also believes that this proposed amendment is non-
discriminatory because it applies uniformly to all Members.
    The Exchange believes that its proposal revise its fee schedule to
list a charge of 0.15% of the dollar value of the transaction per side
for Members' orders in securities priced below $1.00 that yield Flags
5, EA and ER, which are associated with customer internalization,
represents an equitable allocation of reasonable dues, fees and other
charges. The Exchange's rate of 0.15% of the dollar value of the
transaction per side for customer internalization is equitable because
the rate is consistent with the Exchange's proposed maker/taker spread
for securities priced below $1.00. Therefore, in each case, the
internalization fee of 0.15% of the dollar value of the transaction per
side is no more favorable to the Member than the proposed maker/taker
spread. Since the spread for customer internalization equals the
Exchange's maker/taker spread, the Exchange's proposal continues to
discourage Members from engaging in potential wash sales. The Exchange
notes that its proposal does not modify the current rates it charges
its Members for orders that yield Flags 5, EA or ER for securities
priced below $1.00. The Exchange's proposal to revise the corresponding
text on the fee schedule, as described above and deleting the
applicable text of Footnote 11, will increase the level of transparency
of the Exchange's fee schedule and improve the Exchange's ability to
effectively convey the rates for securities priced below $1.00 to
Members. Lastly, the Exchange believes that these proposed rates are
non-discriminatory in that they apply uniformly to all Members.
    As described in Section 3, the Exchange proposes to make conforming
and non-substantive revisions to the fee schedule in general and the
description of certain flags in particular in order to increase the
level of transparency of the Exchange's fee schedule, promote
consistent descriptions and applications, and improve the Exchange's
ability to effectively convey the rates for securities priced below
$1.00 to Members.
Rate Changes for Flag AA
    The Exchange believes that its proposal to increase the rate it
charges Members for customer internalization from no charge per share
per side to $0.0012 per share per side for Members' orders that yield
Flag AA in securities priced at or above $1.00 is an equitable
allocation of reasonable dues, fees and other charges. The Exchange's
proposed rate of $0.0012 per side per share for Members' orders that
inadvertently match with themselves at the Midpoint Match in the same
MPID is equitable because the rate is consistent with the Exchange's
proposed maker/taker spread of $0.0012 per share, where the rate to add
liquidity at the Midpoint Match and yield Flag MM is $0.0012 per share
and the rate to remove liquidity at the Midpoint Match and yield Flag
MT is $0.0012 per share. Therefore, in each case, the proposed
internalization fee of $0.0012 per side per share, equaling a total
cost of $0.0024 per share for Flag AA, is no more favorable to the
Member than the proposed maker/taker spread for Midpoint Match. Since
the spread for customer internalization and the Exchange's maker/taker
spread for Midpoint Match will equal $0.0012 per share, the Exchange's
proposal discourages Members from engaging in potential wash sales.
Lastly, the Exchange believes that the proposed rate is non-
discriminatory in that it applies uniformly to all Members.
    The Exchange believes that its proposal to charge Members 0.15% of
the dollar value of the transaction per side for customer
internalization for orders that yield Flag AA in securities priced
below $1.00 is an equitable allocation of reasonable dues, fees and
other charges. The Exchange's proposed rate of 0.15% of the dollar
value of the transaction per side for Members' orders that
inadvertently match with themselves at the Midpoint Match in the same
MPID is equitable because the rate is consistent with the Exchange's
proposed maker/taker spread for Midpoint Match. Therefore, in each
case, the proposed internalization fee of 0.15% of the dollar value of
the transaction per side, equaling a total cost of 0.30% of the dollar
value of the transaction, where the rebate to add to Midpoint Match
(Flag MM) is $0.00003 per share and the fee to remove from Midpoint
Match (Flag MT) is 0.30% of the dollar value of the transaction, is no
more favorable to the Member than the proposed maker/taker spread for
Midpoint Match. Since the spread for customer internalization will
equal the Exchange's maker/taker spread for Midpoint Match, the
Exchange's proposal discourages Members from engaging in potential wash
sales. Lastly, the Exchange believes that the proposed rate is non-
discriminatory in that it applies uniformly to all Members.
    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

    These proposed rule changes do not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. The Exchange does not believe that any of these changes
represent a significant departure from previous pricing offered by the
Exchange or pricing offered by the Exchange's competitors. As described
in Section 3, the Exchange proposes to make conforming and non-
substantive revisions to the fee schedule in general and the
description of certain flags in particular in order to increase the
level of transparency of the Exchange's fee schedule, promote
consistent descriptions and applications, and improve the Exchange's
ability to effectively convey the rates for securities priced below
$1.00 to Members.

Securities Priced Below $1.00
    Regarding Flags B, V, Y, 3, 4, HA, MM, RP, and ZA, the Exchange
believes that its proposal to amend its fee schedule to list the
default rebate of $0.00003 in the column ``Fee/(Rebate) Securities
below $1.00'' will not burden intramarket competition or intermarket
competition given that the Exchange's proposal does not modify its
current rates for orders that add liquidity and they apply uniformly to
all Members that place orders in securities priced below $1.00.
    Regarding Flags N, W, 6, BB, MT, PI, PR, and ZR, the Exchange
believes that its proposal to amend its fee schedule to list the
default rate of 0.30% of the dollar value of the transaction in the
column ``Fee/(Rebate) Securities below $1.00'' will not burden
intramarket competition or intermarket competition given that the
Exchange's proposal does not modify its current rates for orders that
remove liquidity and they apply uniformly to all Members that place
orders in securities priced below $1.00.
    Regarding Flags D, G, I, J, K, L, O, Q, R, S, T, U, X, Z, 2, 7, CL,
RQ, RR, RT, RX, and SW, the Exchange believes that its proposal to
amend its fee schedule to list the default rate of 0.30% of the dollar
value of the transaction in the column ``Fee/(Rebate) Securities below
$1.00'' will not burden intramarket competition or intermarket
competition given that the Exchange's proposal does not modify its
current rates for orders that route and remove liquidity and they apply
uniformly to all Members that place orders in securities priced below
$1.00.
    Regarding Flags A, F, M, 8, 9, 10, RA, RB, RS, RW, RY, and RZ, the
Exchange's fee schedule does not clearly disclose its pricing for
Members' orders that route to these away trading destinations and add
liquidity in securities priced below $1.00. The Exchange believes that
its proposal to pass through no charge for securities priced below
$1.00 that route to some away trading destinations and add liquidity
will increase competition because it is comparable to the rates charged
by the away trading destinations for adding liquidity. The Exchange
believes its proposal will not burden intramarket competition or
intermarket competition given that the Exchange's proposal conforms to
an existing practice and does not modify the rates for orders that
route and add liquidity and they apply uniformly to all Members that
place orders in securities priced below $1.00. The Exchange believes
that its proposal will increase competition for routing services
because the market for order execution is competitive and the
Exchange's proposal provides customers with another alternative to
route their orders. The Exchange notes that routing through DE Route is
voluntary.
    Regarding Flag OO, the Exchange's fee schedule displays a rebate of
$0.00003 per share as the default rate for Members orders that add
liquidity and a charge of 0.30% of the dollar value of the transaction
as the default rate for Members orders that remove liquidity for
securities priced below $1.00. However, in practice, the Exchange
assesses no charge for Members' orders that that yield Flag OO in
securities priced below $1.00, which represents Members' orders that
are matched at the ``Direct Edge Opening'' and either add or remove
liquidity. The Exchange believes that its proposal to assess no charge
will not burden intramarket competition or intermarket competition
given that the Exchange's proposal conforms to an existing practice and
does not modify the rate for Flag OO and it applies uniformly to all
Members that place orders in securities priced below $1.00.
    Regarding Flag RC, the Exchange's fee schedule does not clearly
disclose its pricing for Members' orders yield Flag RC in securities
priced below $1.00. The Exchange believes that its proposal to assess
no charge will not burden intramarket competition or intermarket
competition given that the Exchange's proposal conforms to an existing
practice and does not modify the rate for Flag RC and it applies
uniformly to all Members that place orders in securities priced below
$1.00.
    Regarding Flag C, the Exchange believes that its proposal to amend
its fee schedule to list a charge of 0.10% of the dollar value of the
transaction will not burden intramarket competition or intermarket
competition given that the Exchange's proposal does not modify its
current rate for Flag C and it applies uniformly to all Members that
place orders in securities priced below $1.00. By charging a pass-
through rate for securities priced below $1.00 that route to NASDAQ BX
and remove liquidity, the Exchange will increase competition because it
is comparable to the rates charged by NASDAQ BX for removing liquidity.
The Exchange believes that its proposal will increase competition for
routing services because the market for order execution is competitive
and the Exchange's proposal provides customers with another alternative
to route their orders. The Exchange notes that routing through DE Route
is voluntary.
    Regarding Flag BY, the Exchange notes that Footnote 10 on the fee
schedule incorrectly lists a flat rate of $0.0010 per share for
Members' orders that yield Flag BY in securities priced below $1.00.
However, in practice, the Exchange charges Members 0.10% of the dollar
value of the transaction for Members' orders that yield Flag BY. The
Exchange believes that its proposal to pass through a charge of 0.10%
of the dollar value of the transaction for securities priced below
$1.00 that route to BATS BYX and remove liquidity will increase
competition because it is comparable to the rates charged by BATS BYX
for removing liquidity. The Exchange believes its proposal will not
burden intramarket competition or intermarket competition given that
the Exchange's proposal conforms to an existing practice and does not
modify the rate for Flag BY and it applies uniformly to all Members
that place orders in securities priced below $1.00. The Exchange
believes that its proposal will increase competition for routing
services because the market for order execution is competitive and the
Exchange's proposal provides customers with another alternative to
route their orders. The Exchange notes that routing through DE Route is
voluntary.
    Regarding Flags 5, EA and ER, the Exchange believes that its
proposal to amend its fee schedule to list the rate of 0.15% of the
dollar value of the transaction per side in the column ``Fee/(Rebate)
Securities below $1.00'' for customer internalization will not burden
intermarket or intramarket competition as the proposed rate is no more
favorable than the Exchange's prevailing maker/taker spread. In
addition, the Exchange believes that its proposal will not burden
intramarket competition or intermarket competition given that the
Exchange's proposal does not modify its current rates for Flags 5, EA
and ER and they apply uniformly to all Members that place orders in
securities priced below $1.00.
Rate Changes for Flag AA
    Regarding Flag AA in securities priced at or above $1.00, the
Exchange believes that its proposal to assess a charge of $0.0012 per
share per side for Members' orders that inadvertently match with
themselves at the Midpoint Match in the same MPID will not burden
intermarket or intramarket competition as the proposed rate is no more
favorable than the Exchange's prevailing maker/taker spread at the
Midpoint Match. In addition, the Exchange believes that its proposal
will not burden intramarket competition or intermarket competition
because it applies uniformly to all Members.
    Regarding Flag AA in securities priced below $1.00, the Exchange

believes that its proposal to assess a charge of 0.15% of the dollar
value of the transaction per side will not burden intermarket or
intramarket competition as the proposed rate is no more favorable than
the Exchange's prevailing maker/taker spread at the Midpoint Match. In
addition, the Exchange believes that its proposal will not burden
intramarket competition or intermarket competition because it applies
uniformly to all Members that place orders in securities priced below
$1.00.

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)(A) of the Act \15\ and Rule 19b-4(f)(2) \16\ 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.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 19b-4(f)(2)[sic].
---------------------------------------------------------------------------

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-2013-10 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-2013-10. 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-2013-10 and should be
submitted on or before April 2, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Kevin M. O'Neill,
Deputy Secretary.
---------------------------------------------------------------------------

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

[FR Doc. 2013-05583 Filed 3-11-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Notices]
[Pages 31934-31935]
[FR Doc No: 2014-12710]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EC14-89-000.
    Applicants: PEI Power II, LLC.
    Description: Application For Authorization Under Section 203 Of The
Federal Power Act, Requests For Waivers Of Filing Requirements,
Expedited Review And Confidential Treatment of PEI Power II, LLC.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5118.
    Comments Due: 5 p.m. ET 6/11/14.

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

    Docket Numbers: EG14-57-000.
    Applicants: West Deptford Energy Associates Urban Re.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of West Deptford Energy Associates Urban Renewal, L.P.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5082.
    Comments Due: 5 p.m. ET 6/11/14.

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

    Docket Numbers: ER14-1751-000; ER14-1751-001.
    Applicants: C2K Energy, LLC.
    Description: Supplement to April 22, 2014 and May 7, 2014 C2K
Energy, LLC tariff filing.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5039.
    Comments Due: 5 p.m. ET 6/11/14.

    Docket Numbers: ER14-1984-000.
    Applicants: AEP Energy Partners, Inc.
    Description: Application for Authorization to make affiliate sales
with Ohio Valley Electric Corporation of AEP Energy Partners, Inc.
    Filed Date: 5/19/14.
    Accession Number: 20140519-5173.
    Comments Due: 5 p.m. ET 6/9/14.

    Docket Numbers: ER14-1994-000.
    Applicants: Southern California Edison Company.
    Description: GIA and Distribution Service Agreement with SunEdison
for 1050 South Dupont to be effective 5/22/2014.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5001.
    Comments Due: 5 p.m. ET 6/11/14.

    Docket Numbers: ER14-1995-000.
    Applicants: Southern California Edison Company.
    Description: GIA and Distribution Service Agreement with SunEdison
for 5491 E Philadelphia to be effective 5/22/2014.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5002.
    Comments Due: 5 p.m. ET 6/11/14.

    Docket Numbers: ER14-1996-000.
    Applicants: Southern California Edison Company.
    Description: GIA and Distribution Service Agreement with SunEdison
for IM Fontana Project to be effective 5/22/2014.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5003.
    Comments Due: 5 p.m. ET 6/11/14.

    Docket Numbers: ER14-1997-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original Service Agreement
No. 2857; Queue No. W1-120 to be effective 2/14/2011.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5059.
    Comments Due: 5 p.m. ET 6/11/14.

    Docket Numbers: ER14-1998-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: First Revised Service Agreement No. 3247; Queue No.
W1-120 to be effective 4/30/2014.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5063.
    Comments Due: 5 p.m. ET 6/11/14.

    Docket Numbers: ER14-1999-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original Service Agreement
No. 2935; Queue No. W2-082 to be effective 9/22/2011.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5074.
    Comments Due: 5 p.m. ET 6/11/14.

    Docket Numbers: ER14-2000-000.
    Applicants: Duke Energy Commercial Asset Management.
    Description: DECAM Notice of Succession Filing to be effective 4/
24/2014.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5075.
    Comments Due: 5 p.m. ET 6/11/14.

    Docket Numbers: ER14-2001-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: First Revised Service Agreement No. 3082; Queue No.
W2-082 to be effective 4/30/2014.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5081.
    Comments Due: 5 p.m. ET 6/11/14.

    Docket Numbers: ER14-2002-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original Service Agreement
No. 2930; Queue No. W2-083 to be effective 2/14/2012.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5085.
    Comments Due: 5 p.m. ET 6/11/14.

    Docket Numbers: ER14-2003-000.
    Applicants: PJM Interconnection, L.L.C.

    Description: Ministerial Clean-Up re RAA Article 1 and Sched 8.1.D
due to Overlapping Filings to be effective 3/2/2014.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5110.
    Comments Due: 5 p.m. ET 6/11/14.

    Docket Numbers: ER14-2004-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Notice of Cancellation of Ninnescah Wind Large
Generator Interconnection Service Agreement of Southwest Power Pool,
Inc.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5117.
    Comments Due: 5 p.m. ET 6/11/14.

    Docket Numbers: ER14-2005-000.
    Applicants: Midcontinent Independent System Operator, Wolverine
Power Supply Cooperative, Inc.
    Description: 2014-05-21--SA 1367 Wolverine-METC Redwood IFA to be
effective 5/16/2014.
    Filed Date: 5/21/14.
    Accession Number: 20140521-5130.
    Comments Due: 5 p.m. ET 6/11/14.

    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 5:00
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: May 21, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-12710 Filed 6-2-14; 8:45 am]
BILLING CODE 6717-01-P


From:
Allen Dittenhoefer<EMAIL_ADDRESS>Sent:
Monday, November 30, 2020 11:22 AM
To:
Jones, DonnaLee<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Raymond, Gabrielle<EMAIL_ADDRESS>Cc:
Jeff Knight<EMAIL_ADDRESS>David Ailor<EMAIL_ADDRESS>Subject:
Technical Documentation on Buoyancy Parameters and BLp Plume Heights

Dr. Jones and team,

Attached for your review is a document entitled "Derivation of Coke Battery Buoyancy Parameters for Application to the Pushing, Quenching, and Battery Stack Risk and Technology Review."  This document provides the additional background and technical support that EPA requested relating to the buoyancy parameter (F') and BLP plume height information that the COETF provided via email on September 29 and October 22, 2020.  I have also attached copies of two technical documents that describe the coke battery vertical velocity and temperature data used to derive F' values.

Please let me and Jeff Knight know if EPA has any questions regarding this submission.

Allen C. Dittenhoefer, Ph.D.
Principal

Environmental Planning Specialists, Inc.
45 U.S. Highway 46 East
Suite 601
Pine Brook, NJ 07058
Direct:<PHONE_NUMBER> (Ext. 12705)
Mobile<PHONE_NUMBER>
<EMAIL_ADDRESS>www.envplanning.com

<< Buoyancy Parameter Derivation FINAL 112420.pdf >>
<< MSC 1995 PM10 SIP Modeling Report Appendix.pdf >>
<< Bethlehem Steel Battery Buoyancy 110220.pdf >>


[Federal Register: August 28, 2008 (Volume 73, Number 168)]
[Proposed Rules]
[Page 50738-50740]
[DOCID:fr28au08-19]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0838]
RIN 1625-AA00

Safety Zone: Christmas Holiday Boat Parade Fireworks Event,
Appomattox River, Hopewell, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes establishing a safety zone on the
Appomattox River in the vicinity of Hopewell, VA in support of the
Christmas Holiday Boat Parade Fireworks Event. This action will protect
the maritime public on the Appomattox River from the hazards associated
with fireworks displays.

DATES: Comments and related material must reach the Coast Guard on or
before September 29, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0838 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (3) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Lieutenant Tiffany Duffy, Chief, Waterways Management
Division, Sector Hampton Roads at<PHONE_NUMBER>. If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0838), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0838)
in the Search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays; or the Commander, Sector Hampton Roads,
Norfolk Federal Building, 200 Granby St., 7th Floor between 9 a.m. and
2 p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act, system of
records notice regarding our public dockets in the January 17, 2008
issue of the Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

Background and Purpose

    On December 6, 2008 the City of Hopewell, VA will sponsor a
fireworks display on the Appomattox River in position 37[deg]19'34'' N
77[deg]16'00'' W (NAD 1983). Due to the need to protect mariners and
spectators from the hazards associated with the fireworks display,
access to the Appomattox River within 420 feet of the fireworks barge
within the above-mentioned designated area will be temporarily
restricted.

Discussion of Proposed Rule

    The Coast Guard is establishing a safety zone on specified waters
of the Appomattox River in the vicinity of Hopewell, VA. This safety
zone will encompass all navigable waters within 420 feet of the
fireworks barge located in position 37[deg]19'34'' N 77[deg]16'00'' W
(NAD 1983). This regulated area will be established in the interest of
public safety during the Christmas Holiday Boat Parade Fireworks Event
and will be enforced from 8 p.m. to 9 p.m. on December 6, 2008. Access
to the safety zone will be restricted during the specified date and
times. Except for participants and vessels authorized by the Captain of
the Port or his Representative, no person or vessel may enter or remain
in the regulated area.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. Although this proposed
regulation restricts access to the safety zone, the effect of this rule
will not be significant because: (i) The safety zone will be in effect
for a limited duration; (ii) the zone is of limited size; and (iii) the
Coast Guard will make notifications via maritime advisories so mariners
can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. The safety zone will only be in place for a
limited duration. Maritime advisories will be issued allowing the
mariners to adjust their plans accordingly. However, this rule may
affect the following entities, some of which may be small entities:
Owners and operators of vessels intending to transit or anchor in that
portion of the Appomattox River from 8 p.m. to 9 p.m. on December 6,
2008.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Tiffany Duffy, Chief,
Waterways Management Division, Sector Hampton Roads at<PHONE_NUMBER>.
The Coast Guard will not retaliate against small entities that question
or complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 5100.1 and Commandant Instruction
M16475.1D, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination under the Instruction that this
action is not likely to have a significant effect on the human
environment. A preliminary ``Environmental Analysis Check List''
supporting this preliminary determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    2. Add Sec.  165.T05-0838 to read as follows:

Sec.  165.T05-0838  Safety Zone: Christmas Holiday Boat Parade
Fireworks Event, Appomattox River, Hopewell, VA.

    (a) Regulated Area. The following area is a safety zone: All waters
of the Appomattox River, located within 420 feet of position
37[deg]19[sec]34[min] N, 77[deg]16[sec]00[min] W (NAD 1983) in the
vicinity of Hopewell, VA.
    (b) Definition. Captain of the Port Representative means any U.S.
Coast Guard commissioned, warrant or petty officer who has been
authorized by the Captain of the Port Hampton Roads, Virginia to act on
his behalf.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Hampton Roads or his designated
representatives.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
    (3) The Captain of the Port Hampton Roads and the Sector Duty
Officer at Sector Hampton Roads in Portsmouth, Virginia can be
contacted at telephone number<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
    (d) Effective Period. This regulation will be in effect from 8 p.m.
to 9 p.m. on December 6, 2008.

    Dated: August 19, 2008.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. E8-19988 Filed 8-27-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12670-12671]
[FR Doc No: 2023-04022]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP23-447-000.
    Applicants: Spire STL Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Spire STL Pipeline LLC Contact
Update Filing to be effective 3/23/2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5127.
    Comment Date: 5 p.m. ET 3/6/23.

    Docket Numbers: RP23-448-000.
    Applicants: Southern Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: SNG Fuel Retention Rates--
Summer 2023 to be effective 4/1/2023.

    Filed Date: 2/21/23.
    Accession Number: 20230221-5135.
    Comment Date: 5 p.m. ET 3/6/23.

    Docket Numbers: RP23-449-000.
    Applicants: Elba Express Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: EEC Fuel Tracker Filing--2023
to be effective 4/1/2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5179.
    Comment Date: 5 p.m. ET 3/6/23.

    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 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP19-1523-011.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Compliance filing: Compliance Filing to Update Rate
Schedule IT to be effective 3/1/2020.
    Filed Date: 2/17/23.
    Accession Number: 20230217-5027.
    Comment Date: 5 p.m. ET 3/1/23.

    Docket Numbers: RP23-92-001.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Compliance filing: Compliance Filing to Implement
RP22-725-000 Settlement Rates to be effective 4/1/2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5198.
    Comment Date: 5 p.m. ET 3/6/23.

    Docket Numbers: RP23-434-001.
    Applicants: Midwestern Gas Transmission Company.
    Description: Tariff Amendment: Supplement to Housekeeping Update to
be effective 3/24/2023.
    Filed Date: 2/21/23.
    Accession Number: 20230221-5171.
    Comment Date: 5 p.m. ET 3/6/23.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    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: February 21, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-04022 Filed 2-27-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Rules and Regulations]
[Pages 35423-35425]
[FR Doc No: 2022-12236]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2022-0196; FRL-9701-02-R3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Removal of Stage II Gasoline Vapor Recovery Program
Requirements and Revision of Stage I Gasoline Vapor Recovery Program
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision, made in two separate submittals, by
the State of Delaware. This revision removes requirements for gasoline
vapor recovery systems installed on gasoline dispensers, the purpose of
which are to capture emissions from vehicle refueling operations,
otherwise known as Stage II vapor recovery. This revision also
strengthens Delaware's requirements for gasoline vapor recovery systems
that capture emissions from storage tank refueling operations,
otherwise known as Stage I vapor recovery. Specifically, this action
removes from the approved SIP prior-approved Stage II requirements
applicable to new and existing gasoline dispensing facilities (GDFs).
All GDFs will be required to decommission their Stage II vapor recovery
systems (VRS) and to install, maintain, and periodically test Stage I
enhanced vapor recovery systems (EVRS). Delaware's SIP revision
establishes a compliance schedule for these changes and includes a
demonstration that removal of Stage II requirements is consistent with
the Clean Air Act (CAA) and meets all relevant EPA guidance.

DATES: This final rule is effective July 11, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R03-OAR-2022-0196 at https://www.regulations.gov. All documents
in the docket are listed on the https://www.regulations.gov website.
Although listed in the index, some information is not publicly
available, e.g., confidential business information (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 through https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Adam Yarina, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
The telephone number is<PHONE_NUMBER>. Mr. Yarina can also be reached
via electronic mail at [email protected].

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

to EPA. The following outline is provided to aid in locating
information in this preamble.

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On April 6, 2022 (87 FR 19828), EPA published a notice of proposed
rulemaking (NPRM) for the State of Delaware. In the NPRM, EPA proposed
approval of Delaware's request to revise its requirements for Stage II
and Stage I vapor recovery for new and existing GDFs in the State of
Delaware. The formal SIP revisions being approved were submitted by the
Delaware Department of Natural Resources and Environmental Control
(DNREC) on November 17, 2020, and July 14, 2021.\1\ The details of
Delaware's November 17, 2020, and July 14, 2021 SIP submittals and the
rationale for EPA's proposed action are explained in the NPRM and will
not be restated here. See 87 FR 19828 (April 6, 2022). The NPRM also
contained a detailed analysis showing that Delaware's removal of the
Stage II requirements would not interfere with any Delaware area's
ability to attain or maintain any national ambient air quality standard
(NAAQS), or any other applicable requirement of the CAA. The public
comment period for the NPRM closed on May 6, 2022. EPA received no
public comments on the NPRM.
---------------------------------------------------------------------------

    \1\ Both SIP submittals can be found in Docket ID No. EPA-R03-
OAR-2022-0196 at https://www.regulations.gov, attached to their
respective transmittal letters from DNREC.
---------------------------------------------------------------------------

II. Final Action

    As proposed in the NPRM,\2\ EPA is approving Delaware's November
17, 2020, and July 14, 2021 SIP revisions for statewide removal of
Stage II vapor recovery requirements, statewide prohibition of Stage II
VRS installation at new GDFs, the statewide mandatory decommissioning
of Stage II VRS at existing GDFs by December 31, 2021, and the
statewide mandatory installation of Stage I EVRS at all GDFs by
December 31, 2025. Specifically, EPA is approving Delaware's revised 7
DE Admin. Code 1124, Control of Volatile Organic Compound Emissions,
and incorporating it into the Delaware SIP. EPA is approving this SIP
revision because it meets all applicable requirements of the CAA and
relevant EPA guidance and because approval of this SIP revision will
not interfere with attainment or maintenance of the ozone NAAQS.
---------------------------------------------------------------------------

    \2\ See 87 FR 19828 (April 6, 2022).
---------------------------------------------------------------------------

III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of the State
of Delaware's revised 7 DE Admin Code 1124 Section 26.0 Gasoline
Dispensing Facility Stage I Vapor Recovery and Section 36.0 Vapor
Emission Control at Gasoline Dispensing Facilities, which will include
the revisions issued on August 17, 2015 via 19 DE Reg. 199 (state
effective date September 11, 2015), the revisions issued on June 11,
2020 via 24 DE Reg. 61 (state effective date July 11, 2020), and the
revisions issued on March 11, 2021 via 24 DE Reg. 944 (state effective
date April 11, 2021), as described in Sections I and II of this
preamble and set forth below in the amendments to part 52.
    EPA has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region III
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).

IV. Statutory and Executive Order Reviews

A. General Requirements

    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, 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);
     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 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, this rule to remove Delaware's Stage II vapor recovery
requirements does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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. 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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 9, 2022. 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 to remove Stage II requirements and revise Stage I
requirements for Delaware 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) under the heading ``1124
Control of Volatile Organic Compound Emissions'' is amended by revising
the entries for ``Section 26.0'' and ``Section 36.0'' to read as
follows:

Sec.  52.420   Identification of plan.

* * * * *
    (c) * * *

                            EPA-Approved Regulations and Statutes in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
 State regulation (7 DNREC                               State                                   Additional
           1100)                 Title/subject      effective date    EPA approval date         explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                               1124 Control of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 26.0...............  Gasoline Dispensing        04/11/2021  06/10/2022, [Insert    Includes revisions
                              Facility Stage I                       Federal Register       issued on August 17,
                              Vapor Recovery.                        citation].             2015 via 19 DE Reg.
                                                                                199 (state effective
                                                                                date September 11,
                                                                                2015), revisions
                                                                                issued on June 11,
                                                                                2020 via 24 DE Reg.
                                                                                61 (state effective
                                                                                date July 11, 2020),
                                                                                and revisions issued
                                                                                on March 11, 2021
                                                                                via 24 DE Reg. 944
                                                                                (state effective
                                                                                date April 11,
                                                                                2021).
                                                                                Includes mandate to
                                                                                install, maintain,
                                                                                and periodically
                                                                                test Stage I
                                                                                enhanced vapor
                                                                                recovery systems
                                                                                (EVRS) at Gasoline
                                                                                Dispensing
                                                                                Facilities (GDFs) in
                                                                                Delaware; associated
                                                                                compliance
                                                                                schedules; and
                                                                                updates related
                                                                                incorporations by
                                                                                reference.

                                                  * * * * * * *
Section 36.0...............  Vapor Emission             04/11/2021  06/10/2022, [Insert    Includes revisions
                              Control at Gasoline                    Federal Register       issued on August 17,
                              Dispensing                             citation].             2015 via 19 DE Reg.
                              Facilities.                                                   199 (state effective
                                                                                date September 11,
                                                                                2015), revisions
                                                                                issued on June 11,
                                                                                2020 via 24 DE Reg.
                                                                                61 (state effective
                                                                                date July 11, 2020),
                                                                                and revisions issued
                                                                                on March 11, 2021
                                                                                via 24 DE Reg. 944
                                                                                (state effective
                                                                                date April 11,
                                                                                2021).
                                                                                Includes mandate to
                                                                                decommission Stage
                                                                                II vapor recovery
                                                                                systems (VRS) at
                                                                                Gasoline Dispensing
                                                                                Facilities (GDFs) in
                                                                                Delaware; associated
                                                                                compliance
                                                                                schedules; and
                                                                                updates related
                                                                                incorporations by
                                                                                reference.

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

* * * * *
[FR Doc. 2022-12236 Filed 6-9-22; 8:45 am]
BILLING CODE 6560-50-P