number of regulatory alternatives and adopt the least costly, most
cost-effective or least burdensome alternative that achieves the
objectives of the rule. The provisions of section 205 do not apply when
they are inconsistent with applicable law. Moreover, section 205 allows
EPA to adopt an alternative other than the least costly, most cost-
effective or least burdensome alternative if the Administrator
publishes with the final rule an explanation why that alternative was
not adopted. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, including
tribal governments, it must have developed under section 203 of the
UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
    This final rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. This action is deregulatory and does
not impose any new requirements on any entities. Thus, this final rule
is not subject to the requirements of sections 202 and 205 of the UMRA.
Further, EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments.

E. Executive Order No. 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This final rule is expected to
primarily affect producers, suppliers, importers, exporters, and users
of methyl bromide. Thus, Executive Order 13132 does not apply to this
rule.

F. Executive Order No. 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. This final
rule does not impose any enforceable duties on communities of Indian
tribal governments. Thus, Executive Order 13175 does not apply to this
rule.

G. Executive Order No. 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental
health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This final rule is not subject
to Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.

H. Executive Order No. 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. This final rule
does not pertain to any segment of the energy production economy nor
does it regulate any manner of energy use. Further, we have concluded
that this rule is not likely to have any adverse energy effects.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law
No. 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards. This action does not involve
technical standards. Therefore, EPA did not consider the use of any
voluntary consensus standards.

J. Congressional Review Act

    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 rule 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 not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective December 14, 2006.

List of Subjects in 40 CFR Part 82

    Environmental protection, Ozone depletion, Chemicals, Exports,
Imports.

    Dated: December 11, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, 40 CFR part 82 is amended as
follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

0
2. Section 82.8 is amended by revising the table in paragraph (c)(1)
and paragraph (c)(2) to read as follows:

Sec.  82.8  Grant of essential use allowances and critical use
allowances.

* * * * *
    (c) * * *
    (1) * * *

------------------------------------------------------------------------
                                           2007 Critical   2007 Critical
                                                use             use
                                          allowances for  allowances for
                 Company                     pre-plant      post-harvest
                                               uses*           uses*
                                            (kilograms)     (kilograms)
------------------------------------------------------------------------
Great Lakes Chemical Corp...............       2,401,699         221,167
Albemarle Corp..........................         987,633          90,949
Ameribrom, Inc..........................         545,787          50,260
TriCal, Inc.............................          16,994           1,565
                                         -------------------------------
    Total...............................       3,952,114        363,941
------------------------------------------------------------------------
*For production or import of class I, Group VI controlled substance
  exclusively for the Pre-Plant or Post-Harvest uses specified in
  appendix L to this subpart.

    (2) Allocated critical stock allowances granted for specified
control period. The following companies are allocated critical stock
allowances for 2007 on a pro-rata basis in relation to the inventory
held by each.

------------------------------------------------------------------------
                  Company                              Company
------------------------------------------------------------------------
Albemarle.................................  Industrial Fumigation
                                             Company.
Ameribrom, Inc............................  J.C. Ehrlich Co.
Bill Clark Pest Control, Inc..............  Pacific Ag.
Blair Soil Fumigation.....................  Pest Fog Sales Corp.
Burnside Services, Inc....................  Prosource One.
Cardinal Professional Products............  Reddick Fumigants.
Carolina Eastern, Inc.....................  Royster-Clark, Inc.
Degesch America, Inc......................  Southern State Cooperative,
                                             Inc.
Dodson Bros...............................  Trical Inc.
Great Lakes Chemical Corp.................  Trident Agricultural
                                             Products.
Harvey Fertilizer & Gas...................  UAP Southeast (NC).
Helena Chemical Co........................  UAP Southeast (SC).
Hendrix & Dail............................  Univar.
Hy Yield Bromine..........................  Vanguard Fumigation Co.
                                            Western Fumigation.
------------------------------------------------------------------------
Total--1,914,600 kilograms.

0
3. Appendix L to part 82, subpart A is revised to read as follows:

Appendix L to Part 82 Subpart A--Approved Critical Uses and Limiting
Critical Conditions for Those Uses for the 2007 Control Period

----------------------------------------------------------------------------------------------------------------
              Column A                         Column B                              Column C
----------------------------------------------------------------------------------------------------------------
Approved Critical Uses.............  Approved Critical User and   Limiting Critical Conditions that either
                                      Location of Use.             exist, or that the approved critical user
                                                                   reasonably expects could arise without methyl
                                                                   bromide fumigation:
----------------------------------------------------------------------------------------------------------------
                                                 PRE-PLANT USES
----------------------------------------------------------------------------------------------------------------
Cucurbits..........................  (a) Michigan growers.......  Moderate to severe soilborne fungal disease
                                                                   infestation.
                                                                  Moderate to severe disease infestation.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (b) Southeastern U.S.        Moderate to severe yellow or purple nutsedge
                                      limited to growing           infestation.
                                      locations in Alabama,       Moderate to severe fungal disease infestation.
                                      Arkansas, Kentucky,         Moderate to severe root knot nematodes.
                                      Louisiana, North Carolina,  A need for methyl bromide for research
                                      South Carolina, Tennessee,   purposes.
                                      and Virginia.
                                     (c) Georgia growers........  Moderate to severe yellow or purple nutsedge
                                                                   infestation.
                                                                  Moderate to severe fungal disease infestation.
                                                                  Moderate to severe root knot nematodes.
                                                                  A need for methyl bromide for research
                                                                   purposes.
Eggplant...........................  (a) Florida growers........  Moderate to severe yellow or purple nutsedge
                                                                   infestation.
                                                                  Moderate to severe nematodes.
                                                                  Moderate to severe disease infestation.
                                                                  Restrictions on alternatives due to karst
                                                                   geology.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (b) Georgia growers........  Moderate to severe yellow or purple nutsedge
                                                                   infestation.
                                                                  Moderate to severe nematodes.
                                                                  Moderate to severe pythium root, collar, crown
                                                                   and root rot.
                                                                  Moderate to severe disease infestation.
                                                                  Moderate to severe southern blight
                                                                   infestation.
                                                                  Restrictions on alternatives due to karst
                                                                   geology.
                                                                  A need for methyl bromide for research
                                                                   purposes.

                                     (c) Michigan growers.......  Moderate to severe soilborne fungal disease
                                                                   infestation.
                                                                  A need for methyl bromide for research
                                                                   purposes.
Forest Nursery Seedlings...........  (a) Members of the Southern  Moderate to severe yellow or purple nutsedge
                                      Forest Nursery Management    infestation.
                                      Cooperative limited to      Moderate to severe disease infestation.
                                      growing locations in
                                      Alabama, Arkansas,
                                      Florida, Georgia,
                                      Louisiana, Mississippi,
                                      North Carolina, Oklahoma,
                                      South Carolina, Tennessee,
                                      Texas, and Virginia.
                                     (b) International Paper and  Moderate to severe yellow or purple nutsedge
                                      its subsidiaries limited     infestation.
                                      to growing locations in     Moderate to severe disease infestation.
                                      Alabama, Arkansas,
                                      Georgia, South Carolina,
                                      and Texas.
                                     (c) Public (government-      Moderate to severe weed infestation including
                                      owned) seedling nurseries    purple and yellow nutsedge infestation.
                                      in Illinois, Indiana,       Moderate to severe Canada thistle infestation.
                                      Kentucky, Maryland,         Moderate to severe nematodes.
                                      Missouri, New Jersey,       Moderate to severe fungal disease infestation.
                                      Ohio, Pennsylvania, West
                                      Virginia, and Wisconsin.
                                     (d) Weyerhaeuser Company     Moderate to severe yellow or purple nutsedge
                                      and its subsidiaries         infestation.
                                      limited to growing          Moderate to severe disease infestation.
                                      locations in Alabama,       Moderate to severe nematodes and worms.
                                      Arkansas, North Carolina,
                                      and South Carolina.
                                     (e) Weyerhaeuser Company     Moderate to severe yellow nutsedge
                                      and its subsidiaries         infestation.
                                      limited to growing          Moderate to severe fungal disease infestation.
                                      locations in Oregon and
                                      Washington.
                                     (f) Michigan growers.......  Moderate to severe disease infestation.
                                                                  Moderate to severe Canada thistle infestation.
                                                                  Moderate to severe nutsedge infestation.
                                                                  Moderate to severe nematodes.
                                     (g) Michigan herbaceous      Moderate to severe nematodes.
                                      perennials growers.         Moderate to severe fungal disease infestation.
                                                                  Moderate to severe yellow nutsedge and other
                                                                   weed infestation.
Orchard Nursery Seedlings..........  (a) Members of the Western   Moderate to severe nematode infestation
                                      Raspberry Nursery           Presence of medium to heavy clay soils.
                                      Consortium limited to       Prohibition on use of 1,3-dichloropropene
                                      growing locations in         products because local township limits on use
                                      California and Washington    of this alternative have been reached.
                                      (Driscoll's Raspberries     A need for methyl bromide for research
                                      and their contract growers   purposes.
                                      in California and
                                      Washington).
                                     (b) Members of the           Moderate to severe nematode infestation.
                                      California Association of   Presence of medium to heavy clay soils.
                                      Nurserymen--Deciduous       Prohibition on use of 1,3-dichloropropene
                                      Fruit and Nut Tree Growers.  products because local township limits on use
                                                                   of this alternative have been reached.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (c) California rose          Moderate to severe nematode infestation.
                                      nurseries.                  Prohibition on use of 1,3-dichloropropene
                                                                   products because local township limits on use
                                                                   of this alternative have been reached.
                                                                  A need for methyl bromide for research
                                                                   purposes.
Strawberry Nurseries...............  (a) California growers.....  Moderate to severe disease infestation.
                                                                  Moderate to severe yellow or purple nutsedge
                                                                   infestation.
                                                                  Moderate to severe nematodes.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (b) Maryland, North          Moderate to severe black root rot.
                                      Carolina, and Tennessee     Moderate to severe root-knot nematodes.
                                      growers.                    Moderate to severe yellow and purple nutsedge
                                                                   infestation.
                                                                  A need for methyl bromide for research
                                                                   purposes.
Orchard Replant....................  (a) California stone fruit   Moderate to severe nematodes.
                                      growers.                    Moderate to severe fungal disease infestation.
                                                                  Replanted (non-virgin) orchard soils to
                                                                   prevent orchard replant disease.
                                                                  Presence of medium to heavy soils.
                                                                  Prohibition on use of 1,3-dichloropropene
                                                                   products because local township limits for
                                                                   this alternative have been reached.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (b) California table and     Moderate to severe nematodes.
                                      raisin grape growers.       Moderate to severe fungal disease infestation.
                                                                  Replanted (non-virgin) orchard soils to
                                                                   prevent orchard replant disease.
                                                                  Medium to heavy soils.
                                                                  Prohibition on use of 1,3-dichloropropene
                                                                   products because local township limits for
                                                                   this alternative have been reached.
                                                                  A need for methyl bromide for research
                                                                   purposes.

                                     (c) California wine grape    Moderate to severe nematodes.
                                      growers.                    Moderate to severe fungal disease infestation.
                                                                  Replanted (non-virgin) orchard soils to
                                                                   prevent orchard replant disease.
                                                                  Medium to heavy soils.
                                                                  Prohibition on use of 1,3-dichloropropene
                                                                   products because local township limits for
                                                                   this alternative have been reached.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (d) California walnut        Moderate to severe nematodes.
                                      growers.                    Moderate to severe fungal disease infestation.
                                                                  Replanted (non-virgin) orchard soils to
                                                                   prevent orchard replant disease.
                                                                  Medium to heavy soils.
                                                                  Prohibition on use of 1,3-dichloropropene
                                                                   products because local township limits for
                                                                   this alternative have been reached.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (e) California almond        Moderate to severe nematodes.
                                      growers.                    Moderate to severe fungal disease infestation.
                                                                  Replanted (non-virgin) orchard soils to
                                                                   prevent orchard replant disease.
                                                                  Medium to heavy soils.
                                                                  Prohibition on use of 1,3-dichloropropene
                                                                   products because local township limits for
                                                                   this alternative have been reached.
                                                                  A need for methyl bromide for research
                                                                   purposes.
Ornamentals........................  (a) California growers.....  Moderate to severe disease infestation.
                                                                  Moderate to severe nematodes.
                                                                  Prohibition on use of 1,3-dichloropropene
                                                                   products because local township limits for
                                                                   this alternative have been reached.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (b) Florida growers........  Moderate to severe weed infestation.
                                                                  Moderate to severe disease infestation.
                                                                  Moderate to severe nematodes.
                                                                  Karst topography.
                                                                  A need for methyl bromide for research
                                                                   purposes.
Peppers............................  (a) California growers.....  Moderate to severe disease infestation.
                                                                  Moderate to severe nematodes.
                                                                  A prohibition on the use of 1,3-
                                                                   dichloropropene products because local
                                                                   township limits for this alternative have
                                                                   been reached.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (b) Alabama, Arkansas,       Moderate to severe yellow or purple nutsedge
                                      Kentucky, Louisiana, North   infestation.
                                      Carolina, South Carolina,   Moderate to severe nematodes.
                                      Tennessee, and Virginia     Moderate to severe pythium root, collar, crown
                                      growers.                     and root rots.
                                                                  Presence of an occupied structure within 100
                                                                   feet of a grower's field the size of 100
                                                                   acres or less.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (c) Florida growers........  Moderate to severe yellow or purple nutsedge
                                                                   infestation.
                                                                  Moderate to severe disease infestation.
                                                                  Moderate to severe nematodes.
                                                                  Karst topography.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (d) Georgia growers........  Moderate to severe yellow or purple nutsedge
                                                                   infestation.
                                                                  Moderate to severe nematodes, or moderate to
                                                                   severe pythium root and collar rots.
                                                                  Moderate to severe southern blight
                                                                   infestation, crown or root rot.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (e) Michigan growers.......  Moderate to severe fungal disease infestation.
                                                                  A need for methyl bromide for research
                                                                   purposes.
Strawberry Fruit...................  (a) California growers.....  Moderate to severe black root rot or crown
                                                                   rot.
                                                                  Moderate to severe yellow or purple nutsedge
                                                                   infestation.
                                                                  Moderate to severe nematodes.
                                                                  Prohibition on use of 1,3-dichloropropene
                                                                   products because local township limits for
                                                                   this alternative have been reached.
                                                                  Time to transition to an alternative.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (b) Florida growers........  Moderate to severe yellow or purple nutsedge.
                                                                  Moderate to severe nematodes.
                                                                  Moderate to severe disease infestation.
                                                                  Carolina geranium or cut-leaf evening primrose
                                                                   infestation.
                                                                  Karst topography and to a lesser extent a need
                                                                   for methyl bromide for research purposes.
                                     (c) Alabama, Arkansas,       Moderate to severe yellow or purple nutsedge.
                                      Georgia, Illinois,          Moderate to severe nematodes.
                                      Kentucky, Louisiana,        Moderate to severe black root and crown rot.
                                      Maryland, New Jersey,       Presence of an occupied structure within 100
                                      North Carolina, Ohio,        feet of a grower's field the size of 100
                                      South Carolina, Tennessee,   acres or less.
                                      and Virginia growers.       A need for methyl bromide for research
                                                                   purposes.

Tomatoes...........................  (a) Michigan growers.......  Moderate to severe disease infestation.
                                                                  Moderate to severe fungal pathogen
                                                                   infestation.
                                                                  A need for methyl bromide for research
                                                                   purposes.
                                     (b) Alabama, Arkansas,       Moderate to severe yellow or purple nutsedge
                                      Florida, Georgia,            infestation.
                                      Kentucky, Louisiana, North  Moderate to severe disease infestation.
                                      Carolina, South Carolina,   Moderate to severe nematodes.
                                      Tennessee, and Virginia     Presence of an occupied structure within 100
                                      growers.                     feet of a grower's field the size of 100
                                                                   acres or less.
                                                                  Karst topography.
                                                                  A need for methyl bromide for research
                                                                   purposes.
Turfgrass..........................  (a) U.S. turfgrass sod       Production of industry certified pure sod.
                                      nursery producers who are   Moderate to severe bermudagrass.
                                      members of Turfgrass        Moderate to severe nutsedge.
                                      Producers International     Moderate to severe white grub infestation.
                                      (TPI).                      Control of off-type perennial grass
                                                                   infestation.
                                                                  A need for methyl bromide for research
                                                                   purposes.
----------------------------------------------------------------------------------------------------------------
                                                POST-HARVEST USES
----------------------------------------------------------------------------------------------------------------
Food Processing....................  (a) Rice millers in all      Moderate to severe infestation of beetles,
                                      locations in the U.S. who    weevils, or moths.
                                      are members of the USA      Older structures that can not be properly
                                      Rice Millers Association.    sealed to use an alternative to methyl
                                                                   bromide.
                                                                  Presence of sensitive electronic equipment
                                                                   subject to corrosivity.
                                                                  Time to transition to an alternative.
                                     (b) Pet food manufacturing   Moderate to severe infestation of beetles,
                                      facilities in the U.S. who   moths, or cockroaches.
                                      are active members of the   Older structures that can not be properly
                                      Pet Food Institute (For      sealed to use an alternative to methyl
                                      this final rule, ``pet       bromide.
                                      food'' refers to domestic   Presence of sensitive electronic equipment
                                      dog and cat food).           subject to corrosivity.
                                                                  Time to transition to an alternative.
                                     (c) Kraft Foods in the U.S.  Older structures that can not be properly
                                                                   sealed to use an alternative to methyl
                                                                   bromide.
                                                                  Presence of sensitive electronic equipment
                                                                   subject to corrosivity.
                                                                  Time to transition to an alternative.
                                     (d) Members of the North     Moderate to severe beetle infestation.
                                      American Millers'           Older structures that can not be properly
                                      Association in the U.S.      sealed to use an alternative to methyl
                                                                   bromide.
                                                                  Presence of sensitive electronic equipment
                                                                   subject to corrosivity.
                                                                  Time to transition to an alternative.
                                     (e) Members of the National  Moderate to severe beetle or moth infestation.
                                      Pest Management             Older structures that can not be properly
                                      Association treating cocoa   sealed to use an alternative to methyl
                                      beans in storage and         bromide.
                                      associated spaces and       Presence of sensitive electronic equipment
                                      equipment and processed      subject to corrosivity.
                                      food, cheese, dried milk,   Time to transition to an alternative.
                                      herbs, and spices and
                                      spaces and equipment in
                                      associated processing
                                      facilities.
Commodity Storage..................  (a) California entities      Rapid fumigation is required to meet a
                                      storing walnuts, beans,      critical market window, such as during the
                                      dried plums, figs,           holiday season, rapid fumigation is required
                                      raisins, dates (in           when a buyer provides short (2 working days
                                      Riverside county only),      or less) notification for a purchase or there
                                      and pistachios in            is a short period after harvest in which to
                                      California.                  fumigate and there is limited silo
                                                                   availability for using alternatives.
                                                                  A need for methyl bromide for research
                                                                   purposes.
Dry Cured Pork Products............  (a) Members of the National  Moderate to severe red legged ham beetle
                                      Country Ham Association.     infestation.
                                                                  Moderate to severe cheese/ham skipper
                                                                   infestation.
                                                                  Moderate to severe dermested beetle
                                                                   infestation.
                                                                  Ham mite infestation.
                                     (b) Members of the American  Moderate to severe red legged ham beetle
                                      Association of Meat          infestation.
                                      Processors.                 Moderate to severe cheese/ham skipper
                                                                   infestation.
                                                                  Moderate to severe dermested beetle
                                                                   infestation.
                                                                  Ham mite infestation.
                                     (c) Nahunta Pork Center      Moderate to severe red legged ham beetle
                                      (North Carolina).            infestation.
                                                                  Moderate to severe cheese/ham skipper
                                                                   infestation.
                                                                  Moderate to severe dermested beetle
                                                                   infestation.
                                                                  Ham mite infestation.
----------------------------------------------------------------------------------------------------------------

 [FR Doc. E6-21399 Filed 12-13-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: November 25, 2008 (Volume 73, Number 228)]
[Rules and Regulations]
[Page 71555]
[DOCID:fr25no08-15]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-1097]

Drawbridge Operation Regulations; Gowanus Canal, Brooklyn, NY,
Maintenance

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Hamilton Avenue Bridge across the Gowanus Canal, mile 1.2, at Brooklyn,
New York. Under this temporary deviation the bridge may remain in the
closed position for ten days to facilitate bridge maintenance. Vessels
that can pass under the draw without a bridge opening may do so at all
times.

DATES: This deviation is effective from 7 a.m. on November 17, 2008
through 4 p.m. on December 17, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-1097 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at two locations: The 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and
the First Coast Guard District, Bridge Branch Office, 408 Atlantic
Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First
Coast Guard District, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Hamilton Avenue Bridge, across the
Gowanus Canal, mile 1.2, at Brooklyn, New York, has a vertical
clearance in the closed position of 19 feet at mean high water and 23
feet at mean low water. The Drawbridge Operation Regulations are listed
at 33 CFR 117.5.
    The waterway has seasonal recreational vessels, and commercial
vessels of various sizes.
    The owner of the bridge, New York City Department of
Transportation, requested a temporary deviation to facilitate the
mechanical and electrical testing at the bridge.
    Under this temporary deviation the Hamilton Avenue Bridge may
remain in the closed position as follows: From 7 a.m. on November 17,
2008 through 4 p.m. on November 20, 2008, From 7 a.m. on December 8,
2008 through 4 p.m. on December 10, 2008, from 7 a.m. on December 15,
2008 through 4 p.m. on December 17, 2008. Vessels that can pass under
the bridge without a bridge opening may do so at all times.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: November 13, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
 [FR Doc. E8-27981 Filed 11-24-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 79, Number 234 (Friday, December 5, 2014)]
[Notices]
[Pages 72219-72220]
[FR Doc No: 2014-28546]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73712; File No. SR-OPRA-2014-03]

Options Price Reporting Authority; Order Approving an Amendment
to the Plan for Reporting of Consolidated Options Last Sale Reports and
Quotation Information To Amend OPRA's Definition of the term
``Nonprofessional''

December 1, 2014.

I. Introduction

    On March 11, 2014, the Options Price Reporting Authority (``OPRA'')
submitted to the Securities and Exchange Commission (``Commission''),
pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 608 thereunder,\2\ an amendment to the Plan for
Reporting of Consolidated Options Last Sale Reports and Quotation
Information (``OPRA Plan'').\3\ The proposed OPRA Plan amendment would
revise the definition of the term ``Nonprofessional.'' The proposed
OPRA Plan amendment was published for comment in the Federal Register
on August 18, 2014.\4\ The Commission received no comment letters in
response to the Notice.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder. See Securities Exchange Act Release No. 17638 (March 18,
1981), 22 SE.C. Docket 484 (March 31, 1981). The full text of the
OPRA Plan is available at http://www.opradata.com. The OPRA Plan
provides for the collection and dissemination of last sale and
quotation information on options that are traded on the participant
exchanges. The twelve participants to the OPRA Plan are BATS
Exchange, Inc., BOX Options Exchange, LLC, Chicago Board Options
Exchange, Incorporated, C2 Options Exchange, Incorporated,
International Securities Exchange, LLC, Miami International
Securities Exchange, LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC,
NASDAQ Stock Market LLC, NYSE MKT LLC, NYSE Arca, Inc., and Topaz
Exchange, LLC (d/b/a ISE Gemini).
    \4\ See Securities Exchange Act Release No. 72824 (August 12,
2014), 79 FR 48780 (``Notice'').
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    This order approves the proposed OPRA Plan amendment.

II. Description of the Proposal

    The purpose of the proposed amendment is to revise the definition
of the term ``Nonprofessional'' as that term is used in the ``Addendum
for Nonprofessionals'' that is attached to OPRA's Electronic Form of
Subscriber Agreement and its Hardcopy Form of Subscriber Agreement.\5\
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    \5\ These two forms are Attachments B-1 and B-2 to OPRA's Form
of Vendor Agreement and they are available on OPRA's Web site at
www.opradata.com.
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    Paragraph (c) of OPRA's current definition of the term
``Nonprofessional'' specifies that to qualify as a ``Nonprofessional''
a person must not be: ``(i) registered or qualified with the Securities
and Exchange Commission, the Commodities Futures Trading Commission,
any state securities agency, any securities exchange/association, or
any commodities/futures contract market/association, (ii) engaged as an
``investment adviser,'' as that term is defined in the Investment
Advisers Act of 1940 (whether or not registered or qualified under that
Act); or (iii) employed by a bank or other organization exempt from
registration under Federal and/or state securities laws to perform
functions that would require you to be so registered or qualified if
you were to perform such functions for an organization not so exempt.''
According to OPRA, a literal reading of this language could lead to the
conclusion that a person who works outside of the United States as (for
example) a securities broker could qualify as a ``Nonprofessional,''
because the person is not covered by clauses (i), (ii) or (iii) of
Paragraph (c).
    OPRA is not aware of any instances in which an OPRA Vendor has
determined that Subscribers who work outside the United States qualify
to be Nonprofessional Subscribers on the basis of reading the
definition of the term ``Nonprofessional'' in this manner.\6\ However,
OPRA believes that it is appropriate to modify the language to prevent
such a reading. Accordingly, OPRA proposes to modify the current
definition by adding a phrase at the beginning of paragraph (c) to
clarify that the current language applies to persons who work in the
United States and adding a sentence to paragraph (c) to say that ``For
a natural person who works outside of the United States, a
`Professional' is a natural person who performs the same functions as
someone who would be considered a `Professional' in the United
States.''
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    \6\ According to OPRA, the definition of the term
``Nonprofessional Subscriber'' used by the Consolidated Tape
Association (``CTA''), which is substantively similar to OPRA's
definition in almost all respects, prevents a similar reading of its
definition.
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III. Discussion

    After careful review, the Commission finds that the proposed OPRA
Plan amendment is consistent with the requirements of the Act and the
rules and regulations thereunder.\7\

Specifically, the Commission finds that the proposed OPRA Plan
amendment is consistent with Section 11A of the Act \8\ and Rule 608
thereunder \9\ in that it is appropriate in the public interest, for
the protection of investors and the maintenance of fair and orderly
markets, and to remove impediments to, and perfect the mechanisms of, a
national market system. The proposed change to the definition of the
term Nonprofessional is designed to clarify that the term is meant to
apply to persons engaged in the same type of business whether they are
located in the United States or elsewhere. The Commission believes that
OPRA's proposal is consistent with Section 11A of the Act \10\ and Rule
608 thereunder \11\ because the proposal is designed to add clarity to
OPRA's existing term and should therefore help to avoid investor
confusion. In addition, the Commission notes that the proposed
revisions to the term ``Nonprofessional'' will make the term used by
OPRA consistent with the similar term used by CTA.
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    \7\ In approving this proposed OPRA Plan Amendment, the
Commission has considered its impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78k-1.
    \9\ 17 CFR 242.608.
    \10\ 15 U.S.C. 78k-1.
    \11\ 17 CFR 242.608.
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IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act,\12\
and Rule 608 thereunder,\13\ that the proposed OPRA Plan amendment (SR-
OPRA-2014-03) be, and it hereby is, approved.
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    \12\ 15 U.S.C. 78k-1.
    \13\ 17 CFR 242.608.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(29).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-28546 Filed 12-4-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 242 (Tuesday, December 17, 2013)]
[Notices]
[Pages 76360-76363]
[FR Doc No: 2013-29901]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71047; File No. SR-EDGA-2013-35]

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

December 11, 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 November 29, 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.
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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 EDGA Rule 15.1(a) and (c)
(``Fee Schedule'') to: (i) Remove Flag RS, which routes to NASDAQ OMX
PSX (``PSX'') and adds liquidity; (ii) make a non-substantive,
corrective change to both Step-Up Tier 1 and Step-Up Tier 2 under
Footnote 4; and (3) amend the criteria of both Step-Up Tier 1 and Step-
Up Tier 2 under Footnote 4. 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\ The term ``Member'' is defined as ``any registered broker or
dealer, or any person associated with a registered broker or dealer,
that has been admitted to membership in the Exchange. A Member will
have the status of a ``member'' of the Exchange as that term is
defined in Section 3(a)(3) of the Act.'' See 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
    The Exchange proposes to amend its Fee Schedule to: (i) Remove Flag
RS, which routes to PSX and adds liquidity; (ii) make a non-
substantive, corrective change to both Step-Up Tier 1 and Step-Up Tier
2 under Footnote 4; and (iii) amend the criteria of both Step-Up Tier 1
and Step-Up Tier 2 under Footnote 4.
Flag RS
    The Exchange proposes to delete Flag RS from its Fee Schedule.
Orders that yield Flag RS are routed to the PSX and add liquidity. The
Exchange currently rebates orders that yield Flag RS $0.0020 per share
for securities priced at or above $1.00 and charges no fee for
securities priced below $1.00. These fees represent 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 PSX when it does not qualify for a volume tiered rate. The
Exchange recently began to incur increased excessive messaging fees
from PSX.\4\ To mitigate the increased messaging fees, the Exchange
intends to delete Flag RS from its Fee Schedule and no longer permit
Members to route orders via DE Route to post on the PSX. Members would
continue to be able to route orders to PSX and remove liquidity via DE
Route.
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    \4\ See the Excessive Messaging Policy under the Nasdaq Stock
Market LLC fee schedule available at http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2 (last visited November 20, 2013).
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Step-Up Tiers 1 and 2
    Footnote 4 of the Fee Schedule contains the Step-Up Tier 1 and
Step-

Up Tier 2 (collectively, the ``Step-Up Tiers''). Step-Up Tier 1
provides Members with a reduced fee of $0.0003 per share for adding
liquidity to the Exchange when the Member, on an MPID basis, adds more
than 0.10% of the total consolidated volume (``TCV'') on EDGA on a
daily basis, measured monthly, more than the MPID's December 2012 added
TCV. The Step-Up Tier 2 provides Members with a reduced fee of $0.0003
per share to add liquidity to the Exchange when the Member: (i) On an
MPID basis, adds more than 0.05% of the TCV on EDGA on a daily basis,
measured monthly, more than the MPID's December 2012 added TCV; and
(ii) has an ``added liquidity'' to ``added plus removed liquidity''
ratio of at least 85%. Under both tiers, where an MPID's December 2012
TCV is zero, the Exchange would apply a default TCV baseline of
10,000,000 shares. The Exchange now proposes to make two changes to
both Step-Up Tiers.
    First, the Exchange proposes to correct an inadvertent drafting
error in the criteria related to TCV requirements for the Step-Up Tiers
outlined above. Specifically, the Exchange proposes to amend the Step-
Up Tiers to replace the term ``TCV'' \5\ with ``ADV'' \6\ when
referring to the baseline the Member must exceed to achieve the tier.
In practice, a Member cannot have an added TCV on the Exchange since
TCV is comprised of volume reported by all exchanges and trade
reporting facilities to the consolidated transaction reporting plans.
Therefore, basing a Member's eligibility for the Step-Up Tiers on their
added TCV is impracticable. The Exchange notes that its proposal
conforms to an existing practice and does not modify the criteria that
the Exchange has been using for its Members for achieving the tiers.
The Exchange will continue to calculate whether a Member satisfied
criteria based on the Member's ADV, not TCV, when considering the
baseline the Member must exceed to achieve the tier.
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    \5\ ``TCV'' is defined as ``the volume reported by all exchanges
and trade reporting facilities to the consolidated transaction
reporting plans for Tapes A, B and C securities for the month in
which the fees are calculated.'' See Exchange Fee Schedule available
at http://www.directedge.com/Trading/EDGAFeeSchedule.aspx (last
visited November 27, 2013).
    \6\ ``ADV'' is defined as the ``average daily volume of shares
that a Member executed on the Exchange for the month in which the
fees are calculated.'' See Exchange Fee Schedule available at http://www.directedge.com/Trading/EDGAFeeSchedule.aspx (last visited
November 27, 2013).
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    Second, the Exchange proposes to amend the baseline eligibility
criteria for the Step-Up Tiers to allow a greater number of Members to
participate. In general terms, the baseline eligibility criteria is the
liquidity in percentage of TCV a Member adds to the Exchange in excess
of their December 2012 ADV. To the extent that a Member's added
liquidity exceeds their December 2012 ADV, the Member may be eligible
for the Step-Up Tiers. The current baseline eligibility for Step-Up
Tier 1 requires the Member to, on an MPID basis, add more than 0.10% of
the TCV on EDGA on a daily basis, measured monthly, more than the
MPID's December 2012 added ADV.\7\ The current baseline eligibility for
Step-Up Tier 2 requires the Member to, on an MPID basis, add more than
0.05% of the TCV on EDGA on a daily basis, measured monthly, more than
the MPID's December 2012 added ADV.\8\
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    \7\ The Exchange notes that the current criteria for the Step-Up
Tiers inaccurately states ``. . . MPID's December 2012 added TCV.''
As stated above, the Exchange is proposing to amend the Step-Up
Tiers to replace the term ``TCV'' with ``ADV.''
    \8\ Id.
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    The Exchange proposes to modify the baseline eligibility for the
Step-Up Tiers to allow the Member's added liquidity in percentage of
TCV to be more than the lower of its ADV for December 2012 or September
2013. Thus, to the extent a Member's eligibility is limited by having a
high ADV in December 2012, the Member may have a greater chance to be
eligible for either Step-Up Tier 1 or Step-Up Tier 2 to the extent its
ADV was lower in September 2013 than December 2012. Conversely, a
Member with a lower ADV in December 2012 would continue to be eligible
for the Step-Up Tiers based on that ADV. Specifically, the Exchange
proposes to amend the criteria for Step-Up Tier 1 to now require that
the Member, on an MPID basis, measured monthly, add more than 0.10% of
the MPID's December 2012 or September 2013 added ADV, whichever is
lower. Likewise, the Exchange proposes amend the criteria for Step-Up
Tier 2 to require that Members add more than adds more than 0.05% of
the MPID's December 2012 or September 2013 added ADV, whichever is
lower.
    The revised criteria for Step-Up Tier 1 would read as follows:
    On an MPID basis, add more than 0.10% of the TCV on EDGA on a daily
basis, measured monthly, more than the MPID's December 2012 or
September 2013 added ADV, whichever is lower.
    Where an MPID's December 2012 and September 2013 ADV is zero, then
the Exchange applies a default ADV baseline of 10,000,000 shares.
    The revised criteria for Step-Up Tier 2 would read as follows:
    On an MPID basis:
    (1) Add more than 0.05% of the TCV on EDGA on a daily basis,
measured monthly, more than the MPID's December 2012 or September 2013
added ADV, whichever is lower; and
    (2) Have an ``added liquidity'' to ``added plus removed liquidity''
ratio of at least 85%. (No change).
    Where an MPID's December 2012 and September 2013 ADV is zero, then
the Exchange applies a default ADV baseline of 10,000,000 shares.
    The remainder of the footnote as it pertains to Step-Up Tier 1 and
Step-Up Tier 2 would remain unchanged.
Implementation Date
    The Exchange proposes to implement these amendments to its Fee
Schedule on December 2, 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.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
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Flag RS
    The Exchange believes that its proposal to delete Flag RS from its
Fee Schedule represents an equitable allocation of reasonable dues,
fees, and other charges among Members and other persons using its
facilities because it will no longer offer routing to the PSX via its
System routing table. The Exchange recently began to incur increased
excessive messaging fees from PSX.\11\ To mitigate the increased
messaging fees, the Exchange intends to delete Flag RS and no longer
allow Members to route orders DE Route to post on the PSX. The Exchange
notes that it will continue to comply with its obligations under
Regulation NMS and will route to PSX to remove liquidity; however, it
will not continue to offer Flag RS as a routing option to post
liquidity to the PSX. Members seeking to post orders on the PSX may
select alternative routing methods or to access the PSX directly. The
Exchange believes that the proposed amendment is non-

discriminatory because it applies uniformly to all Members.
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    \11\ See the Excessive Messaging Policy under the Nasdaq Stock
Market LLC fee schedule available at http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2 (last visited November 20, 2013).
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Step-Up Tiers 1 and 2
    The Exchange believes that its proposal to replace the term ``TCV''
with ``ADV'' in the Step-Up Tiers when referring to the baseline the
Member must exceed to achieve the tier is reasonable because it will
increase the level of transparency on the Exchange's Fee Schedule and
improve the Exchange's ability to effectively convey the criteria
necessary to achieve the tiers. The Exchange notes that its proposal
conforms to an existing practice and does not modify the rebate that
the Exchange has been providing its Members for achieving the Step-Up
Tiers. The Exchange has historically calculated and will continue to
calculate whether a Member satisfied the Step-Up Tier's criteria based
on their ADV, and not TCV. Lastly, the Exchange also believes that
these proposed amendments are non-discriminatory because they would be
available to all Members equally.
    The Exchange believes its proposal to modify the baseline
eligibility for the Step-Up Tiers to allow the Member's added liquidity
in percentage of TCV to be based on the lower of its ADV for December
2012 or September 2013 represents an equitable allocation of reasonable
dues, fees, and other charges since reduced fees reward higher
liquidity provision commitments by Members. The primary objective to
amending the baseline eligibility criteria for the Step-Up Tiers to
increase the number of Members who may be eligible to achieve the tier.
The change enhances the number of Members by modifying the baseline
eligibility for the Step-Up Tiers to reflect the lower of its ADV for
December 2012 or September 2013. Given the requirement that a Member
must exceed a percentage of liquidity in excess of their December 2012
ADV, the change will enhance the value of the Step-Up Tiers to Members
whose market participation was higher in December 2012 than September
2013, thereby encouraging them to increase their volume on the Exchange
over such baseline. Such increased volume would increase potential
revenue to the Exchange and allow the Exchange to spread its
administrative and infrastructure costs over a greater number of
shares, which would result in lower per share costs. The Exchange may
then pass on these savings to Members in the form of reduced fees. The
increased liquidity would also benefit 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.
    In addition, the amended criteria for the Step-Up Tiers is also
reasonable as compared to similar pricing mechanisms based on similar
criteria (the lower volume of two months) employed by The Nasdaq Stock
Market LLC (``Nasdaq''). Nasdaq's Investor Support Program enables
members to receive a fee credit for providing additional liquidity to
Nasdaq based on the Member equaling or exceeding a baseline volume of
liquidity added to Nasdaq.\12\ Under the Nasdaq program, the member's
baseline is a percentage of monthly consolidated volume calculated by
dividing the total number of share of liquidity that the member added
on Nasdaq in August 2010 or August 2011, whichever is lower. Lastly,
the Exchange believes that it is reasonable and equitable to offer a
discounted rate to Members who satisfy a baseline eligibility based on
the percentage of a Member's added liquidity to be based on the lower
of its ADV for December 2012 or September 2013 because the Exchange
believes that such Members are most likely to provide consistent
liquidity during periods of market stress and to manage their quotes/
orders in a coordinated manner that promotes price discovery and market
stability.
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    \12\ See Nasdaq Rule 7014.
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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, the
Exchange 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.
Flag RS
    The Exchange believes that its proposal to delete Flag RS from its
Fee Schedule would not impact intermarket competition because Members
seeking to access the PSX to add liquidity may select alternative
routing methods or access the PSX directly. The Exchange believes that
its proposal would not burden intramarket competition because the
proposed repeal of Flag RS would be available to all Members equally.
Step-Up Tiers 1 and 2
    The Exchange believes that correcting an inadvertent drafting error
by replacing the term ``TCV' with ``ADV'' in the Step-Up Tiers when
referring to the baseline the Member must exceed to achieve the tier
would not impose a burden on intermarket competition because it simply
clarifies for Members how the criteria under the Step-Up Tiers has and
will continue to be calculated by the Exchange. The Exchange has
historically and will continue to calculate whether a Member satisfied
criteria based on the Member's ADV, and not TCV. The Exchange does not
propose to amend any of the existing criteria under the Step-Up Tiers.
It simply seeks to correct in its Fee Schedule how the criteria under
the Step-Up Tiers has and will continue to be calculated. The Exchange
believes that its proposal would neither increase nor decrease
intramarket competition because the criteria, as amended, in Step-Up
Tiers would continue to be available to all Members equally.
    The Exchange also believes that its proposal to modify the baseline
eligibility for the Step-Up Tiers to allow the percentage of a Member's
added liquidity to be based on the lower of its ADV for December 2012
or September 2013 would increase intermarket competition because it
offers Members increased opportunities to be eligible for the Step-Up
Tiers and receive the discounted rate. Given the requirement that a
Member must exceed a percentage of liquidity in excess of their
December 2012 ADV, the change will enhance the value of the Step-Up
Tiers to Members whose market participation was higher in December 2012
than September 2013, thereby encouraging them to increase their volume
on the Exchange, and thereby increasing intermarket competition. The
Exchange believes that its proposal would not burden intramarket
competition because the proposed rate would be available to all Members
equally.

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 \13\ and Rule 19b-4(f)(2) \14\ thereunder. At
any time within 60 days of the filing of such proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-EDGA-2013-35 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-2013-35. 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-2013-35 and should be
submitted on or before January 7, 2014.
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-29901 Filed 12-16-13; 8:45 am]
BILLING CODE 8011-01-P