[Federal Register: September 18, 2009 (Volume 74, Number 180)]
[Notices]
[Page 47938]
[DOCID:fr18se09-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL09-40-000]

Southwest Power Pool, Inc.; Notice Pursuant to Section 206(b) of
the Federal Power Act

September 11, 2009.
    On March 19, 2009, pursuant to section 206 of the Federal Power Act
(FPA),\1\ the Commission instituted a proceeding in Docket No. EL09-40-
000. Southwest Power Pool, Inc., 126 FERC ] 61,243 (2009). The refund
effective date for the proceeding instituted in Docket No. EL09-40-000
is March 27, 2009, the date of publication in the Federal Register \2\
of notice of the Commission's action in this proceeding.
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    \1\ 16 U.S.C. 824e (2006).
    \2\ 74 FR 13428 (2009).
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    Under section 206 of the FPA, if no final decision is rendered by
the conclusion of the 180-day period commencing upon initiation of a
proceeding pursuant to section 206, the Commission must state why it
has failed to render a final decision. In that event the Commission
must also provide its best estimate as to when it reasonably expects to
make such a decision.
    The Commission will be unable to render a final decision by the
refund effective date because additional time is needed to analyze the
issues. The Commission estimates that it will be able to issue a
decision by December 31, 2009. This estimate is influenced by the
complexity of the issues in the proceeding.
    The Secretary of the Commission issues this notice pursuant to
section 375.302(w) of the Commission's rules, 18 CFR 375.302(w) (2009).

Kimberly D. Bose,
Secretary.
[FR Doc. E9-22474 Filed 9-17-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Notices]
[Pages 88289-88290]
[FR Doc No: 2016-29283]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79436; File No. SR-BatsEDGA-2016-29]

Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To Make
Non-Substantive Changes to the Fee Schedule

December 1, 2016.
    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 18, 2016, Bats EDGA Exchange, Inc. (the ``Exchange''
or ``EDGA'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange filed a proposal to make several non-substantive
changes to the fee schedule applicable to Members \5\ and non-members
of the Exchange pursuant to Exchange Rules 15.1(a) and (c).
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    \5\ A Member is defined as ``any registered broker or dealer
that has been admitted to membership in the Exchange.'' See Exchange
Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to make certain clarifying and non-
substantive changes to its fee schedule in order to improve formatting,
eliminate certain redundancies, increase overall readability, and
provide users with straightforward descriptions to augment overall
comprehensibility and usability of the existing fee schedule. The
Exchange notes that these changes are purely clerical and do not
substantively amend any fee or rebate, nor do they alter the manner in
which the Exchange assesses fees or calculates rebates. The proposed
changes are simply intended to provide greater transparency to market
participants regarding how the Exchange assesses fees and calculates
rebates. Specifically, the Exchange proposes to:
     Capitalize the title of the column setting forth each
tier's rate under footnotes 3 and 4;
     replace the phrase ``of at least'' with ``>='' in all
required criteria cells under footnotes 3 and 4;
     amend the description of the required criteria of ``Step-
Up Tier 1'' and the ``Step-Up Tier 2'' under footnote 4 to begin with
``MPID adds/has'' and delete the phrase ``[o]n an MPID Basis''.
Amending this description is intended to harmonize the format of the
tier's criteria with that of other tier's listed under footnotes 3 and
4 which state ``Member has'' or ``Member adds''.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\6\
Specifically, the Exchange believes that the proposed rule change is
consistent with Sections 6(b)(4) of the Act of the Act [sic],\7\ in
that it provides for the equitable allocation of reasonable dues, fees
and other charges among members and other persons using any facility or
system which the Exchange operates or controls. The Exchange believes
that the proposed changes are reasonable and equitable because they are
intended to simplify the Exchange's fee schedule and provide greater
transparency to market participants regarding how the Exchange assesses
fees and calculates rebates. The Exchange notes that these changes are
purely clerical and do not substantively amend any fee or rebate, nor
do they alter the manner in which the Exchange assesses fees or
calculates rebates. The Exchange also believes that the proposal is
non-discriminatory because it applies uniformly to all Members.
Finally, the Exchange believes that the proposed changes will make the
fee schedule clearer and eliminate potential investor confusion,
thereby removing impediments to and perfecting the mechanism of a free
and open market and a national market

system, and, in general, protecting investors and the public interest.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange 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. To
the contrary, the Exchange believes that the [sic] will not impose any
burden on competition as the changes are purely clerical and do not
amend and [sic] fee or rebate.

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 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 \8\ and paragraph (f) of Rule 19b-4
thereunder.\9\ At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f).
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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-BatsEDGA-2016-29 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsEDGA-2016-29. 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsEDGA-2016-29, and should
be submitted on or before December 28, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-29283 Filed 12-6-16; 8:45 am]
 BILLING CODE 8011-01-P