UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 3, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-96-1993
________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    Gemini Air Cargo, Inc.   filed  6/1/2004  to:

XX  Renew exemption for two years under 49 U.S.C. §40109 to provide the
following service:

Scheduled foreign air transportation of property and mail between New
York, New York; Columbus, Ohio; Chicago, Illinois; San Francisco,
California; and Los Angeles, California, on the one hand, and Taipei,
Taiwan, on the other hand.  Gemini also requests authorization to
integrate the services to be operated under the above exemption with
Gemini’s existing exemption and certificate authority.

Applicant rep:  Moffett B. Roller<PHONE_NUMBER>   DOT Analyst:  Gerald
Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted, subject to conditions (see below)

The above action was effective when taken: August 3, 2005,  through
August 3, 2007.

Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
governing air services between the United States and Taiwan.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:	XX  Holder’s
certificates of public convenience and necessity

XX  Standard Exemption Conditions (attached)

__________________________

Remarks:  The authority for which Gemini requested renewal expired
August 5, 2004, but has been kept in force pursuant to the provisions of
the Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14
CFR Part 377, pending action on its timely-filed renewal application.

Conditions:  The route integration authority granted is subject to the
condition that any service provided

under this exemption shall be consistent with all applicable agreements
between the United States and the foreign countries involved.
Furthermore, (a) nothing in the award of the route integration authority

requested should be construed as conferring upon Gemini rights
(including fifth-freedom intermediate and/or beyond rights) to serve
markets where U.S. carrier entry is limited unless Gemini notifies the
Department of its intent to serve such a market and unless and until the
Department has completed any necessary carrier selection procedures to
determine which carrier(s) should be authorized to exercise such rights;
and (b) should there be a request by any carrier to use the
limited-entry route rights that are included in Gemini’s authority by
virtue of the route integration exemption granted here, but that are not
then being used by Gemini, the holding of such authority by route
integration will not be considered as providing any preference for
Gemini in a competitive carrier selection proceeding to determine which
carrier(s) should be entitled to use the authority at issue.

_____________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this order is available on the World Wide Web
at

http://dms.dot.gov//reports/reports_ aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 PAGE   3


[Federal Register: November 28, 2006 (Volume 71, Number 228)]
[Notices]
[Page 68855-68856]
[DOCID:fr28no06-96]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54797; File No. SR-NASDAQ-2006-041]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change to Modify an Aspect of the
Definition of Independent Director

November 20, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 3, 2006, The NASDAQ Stock Market LLC (``Nasdaq''), filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been substantially prepared by Nasdaq. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    Nasdaq proposes to amend its Rules 4200(a)(15)(B) and IM-4200 to
modify an aspect of Nasdaq's definition of ``independent director.''
Nasdaq will implement the proposed rule upon approval by the
Commission.
    The text of the proposed rule change is available on Nasdaq's Web
site at http://www.nasdaq.com, at Nasdaq's principal office, and at the

Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to modify the definition
of an ``independent director'' in Nasdaq's rules to reflect recent
changes made to Commission rules. The definition of ``independent
director'' is relevant to Nasdaq's corporate governance standards for
listed companies.\3\
---------------------------------------------------------------------------

    \3\ See Nasdaq Rule 4350(c)-(d).
---------------------------------------------------------------------------

    Current Nasdaq Rule 4200(a)(15) and IM-4200 generally preclude a
director of a listed company from being considered independent if the
director has received more than $60,000 in compensation from the
issuer. Nasdaq states that this threshold was originally based on the
disclosure threshold set by the Commission in Regulation S-K, Item
404.\4\ Since the Commission recently adopted a proposal to raise this
threshold to $120,000,\5\ Nasdaq believes that it would be appropriate
to raise its independence threshold to the same amount.
---------------------------------------------------------------------------

    \4\ 17 CFR 229.404.
    \5\ See Securities Exchange Act Release No. 54302A (August 29,
2006), 71 FR 53158 (September 8, 2006).
---------------------------------------------------------------------------

    When the $60,000 threshold in the definition of independent
director was first adopted in 1999, the proposal to implement the rule
stated that ``* * * Nasdaq believes that a compensation threshold of
$60,000 is appropriate as it corresponds to the de minimis threshold
for disclosure of relationships that may affect the independent
judgment of directors set forth in SEC Regulation S-K, Item 404.'' \6\
Nasdaq states that the disclosure amount from Item 404 was chosen for
the independence test in Nasdaq's rules because it was transparent and
straightforward for issuers to understand and apply.\7\ Moreover,
Nasdaq believes that using this disclosure threshold greatly simplifies
its proxy review process for assessing compliance with the independent
director requirements. In that regard, with the Commission's disclosure
threshold set at $120,000, issuers will not be required to disclose
lower amounts between $60,000 and $120,000, and therefore, in the
absence of the proposed rule change, it would be difficult for Nasdaq
to monitor the independent director requirement.\8\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 41982 (October 6,
1999), 64 FR 55510 (October 13, 1999).
    \7\ Telephone conference among Ira Brandriss and Kristie Diemer,
Special Counsels, Commission, and Erika Moore, Assistant General
Counsel, Nasdaq, on November 8, 2006 (``Telephone conference with
Nasdaq'').
    \8\ Nasdaq also notes that while the existing Nasdaq rule
prohibits an independent director from receiving payments in excess
of $60,000, the comparable rule of the New York Stock Exchange LLC
(``NYSE'') prohibits compensation in excess of $100,000. See Section
303A.02(b)(ii) of the NYSE Listed Company Manual.
    It should be noted that even when an individual has passed the
``bright line'' test of independence amended by this proposal, a
board of directors could still determine on its own that the
individual should not be considered independent, depending upon the
amount of the compensation and the surrounding circumstances. See
Nasdaq Rule 4200(a)(15) and IM-4200. Telephone conference with
Nasdaq.
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\9\ in general and with Section
6(b)(5) of the Act,\10\ in particular. Section 6(b)(5) requires, among
other things, that Nasdaq's rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system and, in general,
to protect investors and the public interest. Nasdaq states that the
proposed change is consistent with these requirements because it will
conform Nasdaq rules to Commission rules and provide a standard that is
clear, straightforward and uniform for issuers to understand and apply.
---------------------------------------------------------------------------

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

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

    Nasdaq does not believe that the proposed rule change will result
in any

burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which Nasdaq consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2006-041 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NASDAQ-2006-041.
This file number should be included on the subject line if e-mail is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Nasdaq. 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-NASDAQ-2006-041 and should be submitted on or before
December 19, 2006.
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    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-20134 Filed 11-27-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: February 8, 2006 (Volume 71, Number 26)]
[Notices]
[Page 6464]
[DOCID:fr08fe06-70]

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DEPARTMENT OF ENERGY

FEDERAL ENERGY REGULATORY COMMISSION

[Docket No. RP06-184-000]

Petal Gas Storage, LLC; Notice of Proposed Changes in FERC Gas
Tariff

January 31, 2006.

    Take notice that on January 24, 2006, Petal Gas Storage, LLC
(Petal) tendered for filing as part of its FERC Gas Tariff, Original
Volume No. 1, to be made effective February 24, 2006:

Third Revised Sheet No. 2
Fourth Revised Sheet No. 105
First Revised Sheet No. 108A
Fifth Revised Sheet No. 109
Fourth Revised Sheet No. 110
Sixth Revised Sheet No. 126
Sixth Revised Sheet No. 127
Third Revised Sheet No. 210
Third Revised Sheet No. 222

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-1660 Filed 2-7-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49574-49577]
[FR Doc No: 2013-19692]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70146; File No. SR-EDGA-2013-21]

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

August 8, 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 August 1, 2013, EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') 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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its fees and rebates applicable to
Members \3\ of the Exchange pursuant to EDGA Rule 15.1(a) and (c)
(``Fee Schedule'') to: (i) Amend its standard rates; (ii) amend the
rates for flags BY and RY; and (iii) amend the reduced rates provided
by the tiers in Footnote 4. All of the changes described herein are
applicable to EDGA 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.
---------------------------------------------------------------------------

    \3\ As defined in Exchange Rule 1.5(n).
---------------------------------------------------------------------------

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
    The Exchange proposes to amend its Fee Schedule to: (i) amend its
standard rates; (ii) amend the rates for flags BY and RY; and (iii)
amend the reduced rates provided by the tiers in Footnote 4.
Standard Rate Changes
    The Exchange currently charges Members a standard \4\ rate of
$0.0006

per share for Members' orders that add liquidity for securities priced
at or above $1.00. The Exchange proposes to decrease the standard rate
from $0.0006 per share to $0.0005 per share for Members' orders that
add liquidity and make conforming changes to flags that add liquidity
(flags B, V, Y, 3 and 4). The Exchange will continue to assess no
charge for Members' orders that add liquidity in securities priced
below $1.00. The Exchange notes that flags B, V, Y, 3 and 4 will remain
subject to volume tiered pricing.
---------------------------------------------------------------------------

    \4\ Where ``standard'' 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 standard 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, 3
and 4 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, 3 and 4 of
the Fee Schedule. Unless otherwise stated in Footnotes 1 and 2 of
the Fee Schedule, the Exchange does not offer volume tiered pricing
for securities priced below $1.00.
---------------------------------------------------------------------------

    The Exchange currently offers Members a standard rebate of $0.0003
per share for Members' orders that remove liquidity for securities
priced at or above $1.00. The Exchange proposes to decrease the
standard rebate from $0.0003 per share to $0.0002 per share for
Members' orders that remove liquidity and make conforming changes to
flags that remove liquidity (flags N, W, 6, BB, CR, PR, and XR). The
Exchange will continue to assess no charge for Members' orders that
remove liquidity in securities priced below $1.00. The Exchange notes
that flags N, W, 6, BB, CR, PR, and XR will also remain subject to
volume tiered pricing.
Fee/Rebate Changes for Flags BY and RY
    In securities priced at or above $1.00, the Exchange currently
provides a rebate of $0.0005 per share for Members' orders that yield
Flag BY, which routes to BATS Y-Exchange, Inc. (``BYX'') using routing
strategies ROUC, ROUE, ROBY, ROBB or ROCO. The Exchange proposes to
amend its Fee Schedule to decrease this rebate to $0.0001 per share for
Members' orders that yield Flag BY. The proposed change represents a
pass through of the rate that Direct Edge ECN LLC (d/b/a DE Route)
(``DE Route''), the Exchange's affiliated routing broker-dealer, is
rebated for routing orders to BYX and do not qualify for a volume
tiered discount. When DE Route routes to BYX, it is rebated a standard
rate of $0.0001 per share.\5\ DE Route will pass through this rate on
BYX to the Exchange and the Exchange, in turn, will pass through this
rate to its Members. The Exchange notes that the proposed change is in
response to BYX's August 2013 fee change where BYX decreased the rebate
it provides its customers, such as DE Route, from a rebate of $0.0005
per share to a rebate of $0.0001 per share for orders that are routed
to BYX.\6\
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    \5\ The Exchange notes that to the extent DE Route does or does
not achieve any volume tiered discount on BYX, its rate for Flag BY
will not change.
    \6\ See BATS BYX Exchange Fee Schedule, http://cdn.batstrading.com/resources/regulation/rule_book/BATS-Exchanges_Fee_Schedules.pdf.
---------------------------------------------------------------------------

    In securities priced at or above $1.00, the Exchange currently
assesses a fee of $0.0007 per share for Members' orders that yield Flag
RY, which routes to BYX and adds liquidity. The Exchange proposes to
amend its Fee Schedule to decrease this fee to $0.0003 per share for
Members' orders that yield Flag RY. The proposed change represents a
pass through of the rate that DE Route, the Exchange's affiliated
routing broker-dealer, is charged for routing orders to BYX and do not
qualify for a volume tiered discount. When DE Route routes to BYX, it
is charged a standard rate of $0.0003 per share.\7\ DE Route will pass
through this rate on BYX to the Exchange and the Exchange, in turn,
will pass through this rate to its Members. The Exchange notes that the
proposed change is in response to BYX's August 2013 fee change where
BYX decreased the fee it charges its customers, such as DE Route, from
a fee of $0.0007 per share to a fee of $0.0003 per share for orders
that are routed to BYX.\8\
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    \7\ The Exchange notes that to the extent DE Route does or does
not achieve any volume tiered discount on BYX, its rate for Flag RY
will not change.
    \8\ See BATS BYX Exchange Fee Schedule, http://cdn.batstrading.com/resources/regulation/rule_book/BATS-Exchanges_Fee_Schedules.pdf.
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Changes to Tiers in Footnote 4
    The Exchange proposes to amend the Step-up Tier in Footnote 4 of
its Fee Schedule. Currently, a Member, at a Market Participant
Identifier (``MPID'') level, will qualify for the ``Step-up Tier'' by
posting more than 0.10% of the Total Consolidated Volume (``TCV'') on
EDGA, on a daily basis, measured monthly, more than that MPID's
December 2012 added TCV (the ``December Baseline''). The volume
generated from non-displayed flags that add liquidity will count
towards the Step-up Tier. If the MPID meets this criterion, then the
Exchange will assess that MPID a reduced charge of $0.0004 per share
for Flags B, V, Y, 3 and 4. The Exchange notes that where a MPID's
December Baseline is zero, the Exchange will apply a default baseline
of 10 million shares. The Exchange proposes to amend the reduced charge
provided by this tier from $0.0004 per share to $0.0003 per share to
move in lock step and be $0.0002 less than the proposed standard rate
of $0.0005 per share for adding liquidity for securities priced at or
above $1.00.
    The Exchange proposes to make conforming changes to the other tiers
in Footnote 4 of the Fee Schedule since the standard rate for adding
liquidity is now proposed to be $0.0005 per share and therefore, the
rates for Volume Tiers 1 and 2 in Footnote 4, as described below, are
proposed to move in lock step and continue to be $0.0002 less than the
proposed standard rate of $0.0005 per share.
Implementation Date
    The Exchange proposes to implement these amendments to its Fee
Schedule on August 1, 2013.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\9\ in general, and
furthers the objectives of Section 6(b)(4),\10\ 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.
---------------------------------------------------------------------------

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

Standard Rate Changes
    The Exchange believes that its proposal to assess a charge of
$0.0005 per share for Members' orders that add liquidity, yielding
flags B, V, Y, 3 and 4, is an equitable allocation of reasonable dues,
fees and other charges. The Exchange believes its proposal to decrease
the rate it charges Members to add liquidity by $0.0001 per share will
incentivize Members to add liquidity to the Exchange, which will
support the quality of price discovery and promote market transparency.
The Exchange's proposed standard rate of $0.0005 per share for adding
liquidity is reasonable because it is comparable to BYX's standard rate
of 0.0003 per share for adding liquidity.\11\ In addition, the
Exchange's proposals do not modify the Exchange's taker/maker spread of
$0.0003 per share, which the Exchange believes is reasonable because it
is comparable to BYX's taker/maker spread range of $0.0002 per share to

(-$0.0002 per share).\12\ The Exchange will allocate the revenue
generated from the spread of $0.0003 per share to offset its
administrative and infrastructure costs associated with operating a
national securities exchange. Lastly, the Exchange believes that the
proposed amendment is non-discriminatory in that it applies uniformly
to all Members.
---------------------------------------------------------------------------

    \11\ See BATS BYX Exchange Fee Schedule, http://cdn.batstrading.com/resources/regulation/rule_book/BATS-Exchanges_Fee_Schedules.pdf.
    \12\ See BATS BYX Exchange Fee Schedule, http://cdn.batstrading.com/resources/regulation/rule_book/BATS-Exchanges_Fee_Schedules.pdf. The Exchange also notes that because it proposes
to amend the rate for adding liquidity to $0.0005 per share and the
rebate for removing liquidity to $0.0002 per share, the Exchange's
maker/taker spread remains $0.0003 per share. Therefore, since the
Exchange's overall maker/taker spread remains constant, the
Exchange's rates for internalization remain unchanged.
---------------------------------------------------------------------------

    The Exchange believes that its proposal to offer a rebate of
$0.0002 per share for Members' orders that remove liquidity, yielding
flags N, W, 6, BB, CR, PR, and XR, is an equitable allocation of
reasonable dues, fees and other charges because it enables the Exchange
to retain additional funds to offset increased administrative,
regulatory, and other infrastructure costs associated with operating an
exchange. The Exchange's proposed standard rebate of $0.0002 per share
for removing liquidity is reasonable because it is comparable to BATS
BYX's standard rebate of 0.0001 for removing liquidity and NASDASQ OMX
BX's (``BX'') standard rebate of $0.0004 per share for removing
liquidity.\13\ In addition, the Exchange's proposals do not modify the
Exchange's taker/maker spread of $0.0003 per share, which the Exchange
believes is reasonable because it is comparable to BYX's taker/maker
spread range of $0.0002 per share to (-$0.0002 per share).\14\ The
Exchange will allocate the revenue generated from the spread of $0.0003
per share to offset its administrative and infrastructure costs
associated with operating a national securities exchange. Lastly, the
Exchange believes that the proposed amendment is non-discriminatory in
that it applies uniformly to all Members.
---------------------------------------------------------------------------

    \13\ See BATS BYX Exchange Fee Schedule, http://cdn.batstrading.com/resources/regulation/rule_book/BATS-Exchanges_Fee_Schedules.pdf; see also NASDAQ OMX BX, NASDAQ OMX BX Price
List--Trading & Connectivity, http://www.nasdaqtrader.com/Trader.aspx?id=bx_pricing.
    \14\ See BATS BYX Exchange Fee Schedule, http://cdn.batstrading.com/resources/regulation/rule_book/BATS-Exchanges_Fee_Schedules.pdf.
---------------------------------------------------------------------------

Fee/Rebate Changes for Flags BY and RY
    The Exchange believes that its proposal to decrease the pass
through rebate for Members' orders that yield Flag BY from $0.0005 to
$0.0001 per share represents an equitable allocation of reasonable
dues, fees, and other charges among 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 BYX through DE Route.
Prior to BYX's August 2013 fee change, BYX provided DE Route a rebate
of $0.0005 per share for orders yielding Flag BY, which DE Route passed
through to the Exchange and the Exchange passed through to its Members.
In August 2013, BYX decreased the rebate it provides its customers,
such as DE Route, from a rebate of $0.0005 per share to a rebate of
$0.0001 per share for orders that are routed to BYX.\15\ Therefore, the
Exchange believes that the proposed change in Flag BY from a rebate of
$0.0005 per share to a rebate of $0.0001 per share is equitable and
reasonable because it accounts for the pricing changes on BYX. In
addition, the proposal allows the Exchange to continue to charge its
Members a pass-through rate for orders that are routed to BYX using
routing strategies ROUC, ROUE, ROBY, ROBB or ROCO using DE Route. The
Exchange notes that routing through DE Route is voluntary. Lastly, the
Exchange also believes that the proposed amendment is non-
discriminatory because it applies uniformly to all Members.
---------------------------------------------------------------------------

    \15\ See BATS BYX Exchange Fee Schedule, http://cdn.batstrading.com/resources/regulation/rule_book/BATS-Exchanges_Fee_Schedules.pdf.
---------------------------------------------------------------------------

    The Exchange believes that its proposal to decrease the pass
through rate for Members' orders that yield Flag RY from $0.0007 to
$0.0003 per share represents an equitable allocation of reasonable
dues, fees, and other charges among 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 BYX through DE Route.
Prior to BYX's August 2013 fee change, BYX charged DE Route a fee of
$0.0007 per share for orders yielding Flag RY, which DE Route passed
through to the Exchange and the Exchange passed through to its Members.
In August 2013, BYX decreased the fee it charges its customers, such as
DE Route, from a fee of $0.0007 per share to a fee of $0.0003 per share
for orders that are routed to BYX.\16\ Therefore, the Exchange believes
that the proposed change in Flag RY from a fee of $0.0007 per share to
a fee of $0.0003 per share is equitable and reasonable because it
accounts for the pricing changes on BYX. In addition, the proposal
allows the Exchange to continue to charge its Members a pass-through
rate for orders that are routed to BYX and add liquidity using DE
Route. The Exchange notes that routing through DE Route is voluntary.
Lastly, the Exchange also believes that the proposed amendment is non-
discriminatory because it applies uniformly to all Members.
---------------------------------------------------------------------------

    \16\ See BATS BYX Exchange Fee Schedule, http://cdn.batstrading.com/resources/regulation/rule_book/BATS-Exchanges_Fee_Schedules.pdf.
---------------------------------------------------------------------------

Changes to Tiers in Footnote 4
    The reduction in fees from $0.0004 per share to $0.0003 per share
for all tiers in Footnote 4 of the Exchange's Fee Schedule are an
equitable allocation of reasonable dues, fees, and other charges since
the rates are designed to move in lock-step and be $0.0002 per share
less than the proposed standard rate for adding liquidity of $0.0005
per share. These proposed rates are designed to increase volume on the
Exchange and increase potential revenue to the Exchange, and allows the
Exchange to spread its administrative and infrastructure costs over a
greater number of shares, leading to lower per share costs. These lower
per share costs in turn would allow the Exchange to pass on the savings
to Members in the form of lower fees. The increased liquidity benefits
all investors by deepening EDGA's liquidity pool, offering additional
flexibility for all investors to enjoy cost savings, supporting the
quality of price discovery, promoting market transparency and improving
investor protection. Volume-based incentives such as the ones herein
have been widely adopted in the cash equities markets, and are
equitable because they are open to all Members on an equal basis and
provide discounts that are reasonably related to the value to an
exchange's market quality associated with higher levels of market
activity, such as higher levels of liquidity provision and introduction
of higher volumes of orders into the price and volume discovery
processes.
    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.
Additionally, Members may opt to disfavor EDGA's pricing if they
believe that alternatives offer them better value. Accordingly, EDGA
does not believe that the proposed changes will impair the ability of
Members or competing venues to maintain their competitive standing in
the financial markets.
Standard Rate Changes
    Regarding the Exchange's proposal to decrease the standard rate to
$0.0005 per share for Members' orders that add liquidity, the Exchange
believes its proposal increases competition because the proposed rate
is comparable to the rates charged by BYX and BX [sic] for orders that
add liquidity. The Exchange believes that its proposal will have no
burden on intramarket competition as the rates apply uniformly to all
Members.
    Regarding the Exchange's proposal to decrease the standard rebate
to $0.0002 per share for Members' orders that remove liquidity, the
Exchange believes its proposal increases competition because the
proposed rate is comparable to the rates charged by BATS BYX for orders
that remove liquidity.\17\ The Exchange believes that its proposal will
have no burden on intramarket competition as the rates apply uniformly
to all Members.
---------------------------------------------------------------------------

    \17\ See BATS BYX Exchange Fee Schedule, http://cdn.batstrading.com/resources/regulation/rule_book/BATS-Exchanges_Fee_Schedules.pdf; see also NASDAQ OMX BX, NASDAQ OMX BX Price
List--Trading & Connectivity, http://www.nasdaqtrader.com/Trader.aspx?id=bx_pricing.
---------------------------------------------------------------------------

Fee/Rebate Changes for Flags BY and RY
    The Exchange believes that its proposal to pass through a rebate of
$0.0001 per share for Members' orders that yield Flag BY would increase
intermarket competition because it offers customers an alternative
means to route to BYX for the same price as entering orders on BYX
directly. The Exchange believes that its proposal would not burden
intramarket competition because the proposed rate would apply uniformly
to all Members.
    The Exchange believes that its proposal to pass through a fee of
$0.0003 per share for Members' orders that yield Flag RY would increase
intermarket competition because it offers customers an alternative
means to route to BYX for the same price as entering orders on BYX
directly. The Exchange believes that its proposal would not burden
intramarket competition because the proposed rate would apply uniformly
to all Members.
Changes to Tiers in Footnote 4
    Regarding the Exchange's proposal to make conforming pricing
changes to all tiers in Footnote 4 of the Fee Schedule, the Exchange
believes its proposal increases competition because the proposed rate
is comparable to the rates charged by BATS BYX for orders that add
liquidity. The Exchange believes that its proposal will have no burden
on intramarket competition as the rates apply uniformly to all Members.

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 \18\ and Rule 19b-4(f)(2) \19\ 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.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4 (f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-EDGA-2013-21 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EDGA-2013-21. 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-EDGA-2013-21 and should be
submitted on or before September 4, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-19692 Filed 8-13-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Notices]
[Page 63293]
[DOCID:fr30oc06-54]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL07-7-000; QF89-251-009]

Las Vegas Cogeneration Limited Partnership; Notice of Filing

October 24, 2006.
    Take notice that on October 13, 2006, Las Vegas Cogeneration
Limited Partnership filed a petition for recertification as a
qualifying Cogeneration Facility pursuant to section 292.207(b) and a
limited waiver of qualifying facility efficiency standard requirement
pursuant to section 292.205(a) of the Commission's Rules and
Regulations.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on November 3, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-18132 Filed 10-27-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Notices]
[Page 47629]
[FR Doc No: 2012-19509]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
             Prohibited docket No.                  Communication date            Presenter or requester
----------------------------------------------------------------------------------------------------------------
1. EC11-60-000.................................                  7-23-12  Jonathan S. Smythe \1\
----------------------------------------------------------------------------------------------------------------
\1\ Email record.

----------------------------------------------------------------------------------------------------------------
               Exempt docket No.                    Communication date            Presenter or requester
----------------------------------------------------------------------------------------------------------------
1. CP12-30-000.................................                  5-16-12  FERC Staff \2\
2. OR12-17-000 IS12-236-000....................                  7-19-12  Hon. Collin C. Peterson
3. ER12-1698-000 ER12-1699-000.................                  7-19-12  New Mexico Public Regulation
                                                                           Commission
----------------------------------------------------------------------------------------------------------------
\2\ Telephone record.

    Dated: August 3, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-19509 Filed 8-8-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60555-60560]
[FR Doc No: 2015-25369]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 541

[Docket No. NHTSA-2015-0043]
RIN 2127-AL59

Federal Motor Vehicle Theft Prevention Standard; Final Listing of
2016 Light Duty Truck Lines Subject to the Requirements of This
Standard and Exempted Vehicle Lines for Model Year 2016

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation.

ACTION: Final rule.

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

SUMMARY: This final rule announces NHTSA's determination that there are
no new model year (MY) 2016 light duty truck lines subject to the
parts-marking requirements of the Federal motor vehicle theft
prevention standard because they have been determined by the agency to
be high-theft or because they have major parts that are interchangeable
with a majority of the covered major parts of passenger car or MPV
lines. This final rule also identifies those vehicle lines that have
been granted an exemption from the parts-marking requirements because
the vehicles are equipped with antitheft devices determined to meet
certain statutory criteria.

DATES: The amendment made by this final rule is effective October 7,
2015.

FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Consumer
Standards Division, Office of International Policy, Fuel Economy and
Consumer Programs, NHTSA, West Building, 1200 New Jersey Avenue SE.,
(NVS-131, Room W43-302), Washington, DC 20590. Ms. Proctor's telephone
number is<PHONE_NUMBER>. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The theft prevention standard (49 CFR part
541) applies to (1) all passenger car lines; (2) all multipurpose
passenger vehicle (MPV) lines with a gross vehicle weight rating (GVWR)
of 6,000 pounds or less; (3) low-theft light-duty truck (LDT) lines
with a GVWR of 6,000 pounds or less that have major parts that are
interchangeable with a majority of the covered major parts of passenger
car or MPV lines; and (4) high-theft LDT lines with a GVWR of 6,000
pounds or less.
    The purpose of the theft prevention standard is to reduce the
incidence of motor vehicle theft by facilitating the tracing and
recovery of parts from stolen vehicles. The standard seeks to
facilitate such tracing by requiring that vehicle identification
numbers (VINs), VIN derivative numbers, or other symbols be placed on
major component vehicle parts. The theft prevention standard requires
motor vehicle manufacturers to inscribe or affix VINs onto covered
original equipment major component parts, and to inscribe or affix a
symbol identifying the manufacturer and a common symbol identifying the
replacement component parts for those original equipment parts, on all
vehicle lines subject to the requirements of the standard.
    Section 33104(d) provides that once a line has become subject to
the theft prevention standard, the line remains subject to the
requirements of the standard unless it is exempted under Sec.  33106.
Section 33106 provides that a manufacturer may petition annually to
have one vehicle line exempted from the requirements of Sec.  33104, if
the line is equipped with an antitheft device meeting certain
conditions as standard equipment. The exemption is granted if NHTSA
determines that the antitheft device is likely to be as effective as
compliance with the theft prevention

standard in reducing and deterring motor vehicle thefts.
    The agency annually publishes the names of those LDT lines that
have been determined to be high theft pursuant to 49 CFR part 541,
those LDT lines that have been determined to have major parts that are
interchangeable with a majority of the covered major parts of passenger
car or MPV lines and those vehicle lines that are exempted from the
theft prevention standard under section 33104. Appendix A to Part 541
identifies those LDT lines that are or will be subject to the theft
prevention standard beginning in a given model year. Appendix A-I to
Part 541 identifies those vehicle lines that are or have been exempted
from the theft prevention standard.
    For MY 2016, there are no new LDT lines that will be subject to the
theft prevention standard in accordance with the procedures published
in 49 CFR part 542. Therefore, Appendix A does not need to be amended.
    For MY 2016, the list of lines that have been exempted by the
agency from the parts-marking requirements of Part 541 is amended to
include ten vehicle lines newly exempted in full. The ten exempted
vehicle lines are the BMW X1(MPV), Lincoln MKX, Chevrolet Spark, Honda
CRV, Jaguar XF, Maserati Ghibli, Mazda CX-3, Mercedes-Benz smart Line
Chassis, Toyota Sienna and the Audi TT.
    When publishing the August 11, 2014 final rule (See 79 FR 46715),
the agency erroneously omitted the Chrysler 200 vehicle line from the
Appendix A-I listing of ten vehicles that were exempted from the parts
marking requirements for MY 2015. This notice corrects that error.
    We note that the agency also removes from the list being published
in the Federal Register each year certain vehicles lines that have been
discontinued more than 5 years ago. Therefore, the agency is removing
the Chevrolet Cobalt, Mercury Sable, Taurus X, Pontiac G6, Saturn Aura,
Kia Amanti, Lexus SC and the Suzuki XL-7 vehicle lines from the
Appendix A-I listing. The agency will continue to maintain a
comprehensive database of all exemptions on our Web site. However, we
believe that re-publishing a list containing vehicle lines that have
not been in production for a considerable period of time is
unnecessary.
    The vehicle lines listed as being exempt from the standard have
previously been exempted in accordance with the procedures of 49 CFR
part 543 and 49 U.S.C., 33106. Therefore, NHTSA finds for good cause
that notice and opportunity for comment on these listings are
unnecessary. Further, public comment on the listing of selections and
exemptions is not contemplated by 49 U.S.C. Chapter 331. For the same
reasons, since this revised listing only informs the public of previous
agency actions and does not impose additional obligations on any party,
NHTSA finds for good cause that the amendment made by this notice
should be effective as soon as it is published in the Federal Register.

Regulatory Impacts

    A. Executive Order 12866, Executive Order 13563 and the Department
of Transportation's regulatory policies provide for making
determinations on whether a regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
to the requirements of the Executive Orders. The Order defines a
``significant regulatory action'' as one that is likely to result in a
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    This final rule was not reviewed under Executive Order 12866. It is
not significant within the meaning of the DOT Regulatory Policies and
Procedures. It will not impose any new burdens on vehicle
manufacturers. This document informs the public of previously granted
exemptions. Since the only purpose of this final rule is to inform the
public of previous actions taken by the agency no new costs or burdens
will result.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires agencies to evaluate the potential effects of their rules on
small businesses, small organizations and small governmental
jurisdictions. I have considered the effects of this rulemaking action
under the Regulatory Flexibility Act and certify that it would not have
a significant economic impact on a substantial number of small
entities. As noted above, the effect of this final rule is only to
inform the public of agency's previous actions.

C. National Environmental Policy Act

    NHTSA has analyzed this final rule for the purposes of the National
Environmental Policy Act. The agency has determined that implementation
of this action will not have any significant impact on the quality of
the human environment as it merely informs the public about previous
agency actions. Accordingly, no environmental assessment is required.

D. Executive Order 13132 (Federalism)

    The agency has analyzed this rulemaking in accordance with the
principles and criteria contained in Executive Order 13132 and has
determined that it does not have sufficient federal implications to
warrant consultation with State and local officials or the preparation
of a federalism summary impact statement. As discussed above, this
final rule only provides better information to the public about
previous agency actions.

E. Unfunded Mandates Act

    The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
($120.7 million as adjusted annually for inflation with base year of
1995). The assessment may be combined with other assessments, as it is
here.
    This final rule will not result in expenditures by State, local or
tribal governments or automobile manufacturers and/or their suppliers
of more than $120.7 million annually. This document informs the public
of previously granted exemptions. Since the only purpose of this final
rule is to inform the public of previous actions taken by the agency,
no new costs or burdens will result.

F. Executive Order 12988 (Civil Justice Reform)

    Pursuant to Executive Order 12988, ``Civil Justice Reform,'' \1\
the agency has considered whether this final rule has any retroactive
effect. We conclude that it would not have such an effect as it only
informs the public of previous agency actions. In accordance with

section 33118 when the Theft Prevention Standard is in effect, a State
or political subdivision of a State may not have a different motor
vehicle theft prevention standard for a motor vehicle or major
replacement part. 49 U.S.C. 33117 provides that judicial review of this
rule may be obtained pursuant to 49 U.S.C. 32909. Section 32909 does
not require submission of a petition for reconsideration or other
administrative proceedings before parties may file suit in court.
---------------------------------------------------------------------------

    \1\ See 61 FR 4729, February 7, 1996.
---------------------------------------------------------------------------

G. Paperwork Reduction Act

    The Department of Transportation has not submitted an information
collection request to OMB for review and clearance under the Paperwork
reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This rule
does not impose any new information collection requirements on
manufacturers.

List of Subjects in 49 CFR Part 541

    Administrative practice and procedure, Labeling, Motor vehicles,
Reporting and recordkeeping requirements.
    In consideration of the foregoing, 49 CFR part 541 is amended as
follows:

PART 541--[AMENDED]

0
1. The authority citation for Part 541 continues to read as follows:

    Authority: 49 U.S.C. 33101, 33102, 33103, 33104, 33105 and
33106; delegation of authority at 49 CFR 1.95.

0
2. Appendix A-I to Part 541 is revised to read as follows:

Appendix A-I to Part 541--Lines With Antitheft Devices Which Are
Exempted From the Parts-Marking Requirements of This Standard Pursuant
to 49 CFR Part 543

------------------------------------------------------------------------
             Manufacturer                        Subject lines
------------------------------------------------------------------------
BMW..................................  MINI.
                                       X1 (MPV).\1\
                                       X1(2012-2015).\2\
                                       X3.
                                       X4.
                                       X5.
                                       Z4.
                                       1 Car Line.
                                       3 Car Line.
                                       4 Car Line.
                                       5 Car Line.
                                       6 Car Line.
                                       7 Car Line.
CHRYSLER.............................  200.\3\
                                       300C.
                                       Jeep Cherokee.
                                       Fiat 500.
                                       Town and Country MPV.
                                       Jeep Grand Cherokee.
                                       Jeep Patriot.
                                       Jeep Wrangler.
                                       Dodge Charger.
                                       Dodge Challenger.
                                       Dodge Dart.
                                       Dodge Journey.
FORD MOTOR CO........................  C-Maxx.
                                       Edge.
                                       Escape.
                                       Explorer.
                                       Fiesta.
                                       Focus.
                                       Fusion.
                                       Lincoln MKX.\1\
                                       Lincoln Town Car.
                                       Mustang.
                                       Mercury Mariner.
                                       Mercury Grand Marquis.
                                       Taurus.
GENERAL MOTORS.......................  Buick Lucerne.
                                       Buick LaCrosse.
                                       Buick LaCrosse/Regal.
                                       Buick Verano.
                                       Cadillac ATS.
                                       Cadillac CTS.
                                       Cadillac DTS/Deville.
                                       Cadillac SRX.
                                       Cadillac XTS/Deville.
                                       Chevrolet Camaro.
                                       Chevrolet Corvette.
                                       Chevrolet Cruze.
                                       Chevrolet Equinox.
                                       Chevrolet Impala/Monte Carlo.
                                       Chevrolet Malibu.
                                       Chevrolet Sonic.
                                       Chevrolet Spark.\1\

                                       GMC Terrain.
                                       Pontiac G6.
                                       Saturn Aura.
HONDA................................  Accord.
                                       Acura TL.
                                       Civic.
                                       CRV.\1\
HYUNDAI..............................  Azera.
                                       Genesis.
                                       Equus.
JAGUAR...............................  F-Type.
                                       XF.\1\
                                       XJ.
                                       XK.
                                       Land Rover Discovery Sport.
                                       Land Rover LR2.
                                       Land Rover Range Rover Evoque.
MASERATI.............................  Ghibli.\1\
                                       Quattroporte.
MAZDA................................  2.
                                       3.
                                       5.
                                       6.
                                       CX-3.\1\
                                       CX-5.
                                       CX-7.
                                       CX-9.
                                       MX-5 Miata.
                                       Tribute.
MERCEDES-BENZ........................  smart USA fortwo.
                                       smart Line Chassis.\1\
                                       SL-Line Chassis (SL-Class) (the
                                        models within this line are):
                                          SL400.
                                          SL550.
                                          SL 63/AMG.
                                          SL 65/AMG.
                                       SLK-Line Chassis (SLK-Class) (the
                                        models within this line are):
                                          SLK 250.
                                          SLK 300.
                                          SLK 350.
                                          SLK 55 AMG.
                                       S-Line Chassis (S/CL/S-Coupe
                                        Class) \4\ (the models within
                                        this line are):
                                          S450.
                                          S500.
                                          S550.
                                          S600.
                                          S55.
                                          S63 AMG.
                                          S65 AMG.
                                          CL55.
                                          CL65.
                                          CL500.
                                          CL550.
                                          CL600.
                                       NGCC Chassis Line (CLA/GLA-
                                        Class) (the models within this
                                        line are):
                                          CLA250.
                                          CLA250 4MATIC.
                                          CLA45 4MATIC AMG.
                                          GLA250.
                                          GLA45 AMG.
                                       C-Line Chassis (C-Class/CLK/GLK-
                                        Class) (the models within this
                                        line are):
                                          C63 AMG.
                                          C240.
                                          C250.
                                          C300.
                                          C350.
                                          CLK 350.
                                          CLK 550.
                                          CLK 63AMG.
                                          GLK250.
                                          GLK350.
                                       E-Line Chassis (E-Class/CLS
                                        Class) (the models within this
                                        line are):
                                          E55.
                                          E63 AMG.

                                          E320 BLUETEC.
                                          E350 BLUETEC.
                                          E320/E320DT CDi.
                                          E350/E500/E550.
                                          E400 HYBRID.
                                          CLS400.
                                          CLS500.
                                          CLS55 AMG.
                                          CLS63 AMG.
MITSUBISHI...........................  Eclipse.
                                       Endeavor.
                                       Galant.
                                       iMiEV.
                                       Lancer.
                                       Outlander.
                                       Outlander Sport.
                                       Mirage.
NISSAN...............................  Altima.
                                       Cube.
                                       Juke.
                                       Leaf.
                                       Maxima.
                                       Murano.
                                       NV200 Taxi.
                                       Pathfinder.
                                       Quest.
                                       Rogue.
                                       Sentra.
                                       Versa (2008-2011).
                                       Versa Hatchback.
                                       Versa Note.
                                       Infiniti G (2003-2013).
                                       Infiniti M (2004-2013).
                                       Infiniti Q70.
                                       Infiniti Q50/60.
                                       Infiniti QX60.
PORSCHE..............................  911.
                                       Boxster/Cayman.
                                       Macan.
                                       Panamera.
SAAB.................................  9-3.
                                       9-5.
SUBARU...............................  Forester.
                                       Impreza.
                                       Legacy.
                                       B9 Tribeca.
                                       Outback.
                                       WRX.
                                       XV Crosstrek.
SUZUKI...............................  Kizashi.
TESLA................................  Model S.
                                       Model X.
TOYOTA...............................  Camry.
                                       Corolla.
                                       Highlander.
                                       Lexus ES.
                                       Lexus GS.
                                       Lexus LS.
                                       Prius.
                                       RAV4.
                                       Sienna.\1\
VOLKSWAGEN...........................  Audi A3.
                                       Audi A4.
                                       A4 Allroad MPV.
                                       Audi A6.
                                       Audi A8.
                                       Audi Q3.
                                       Audi Q5.
                                       Audi TT.\1\
                                       Beetle.
                                       Eos.
                                       Golf/Rabbit/GTI/R32.
                                       Jetta.
                                       New Beetle (renamed ``Beetle'' in
                                        MY 2012).

                                       Passat.
                                       Tiguan.
VOLVO................................  S60.
------------------------------------------------------------------------
\1\ Granted an exemption from the parts marking requirements beginning
  with MY 2016.
\2\ The X1 carline was replaced by the X1 MPV line beginning in MY 2016.
  According to BMW, production of its X1 carline ceased in MY 2015.
\3\ Granted an exemption from the parts marking requirements beginning
  with MY 2015.
\4\ According to Mercedes-Benz, the CL-Class was renamed the S-Coupe
  Class beginning with MY 2015.

    Under authority delegated in 49 CFR part 1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2015-25369 Filed 10-6-15; 8:45 am]
 BILLING CODE 4910-59-P