[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Notices]
[Page 19355]
[FR Doc No: 2011-8303]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14109-000]

Oregon Winds Hydro, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

    On March 11, 2011, Oregon Winds Hydro, LLC filed an application for
a preliminary permit, pursuant to section 4(f) of the Federal Power Act
(FPA), proposing to study the feasibility of the Oregon Winds Pumped
Storage Project to be located on the John Day River, near Condon,
Gilliam County, Oregon. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project will consist of the following: (1) An upper
reservoir with a total storage capacity of 12,000 acre-feet at a normal
maximum operating elevation of 2,480 feet mean sea level (msl); (2) a
60-foot-high, 9,120-foot-long upper embankment, Ring Dam; (3) a 200-
foot-long, 19.2-foot-diameter concrete-lined low-pressure tunnel; (4) a
lower reservoir with a total/usable storage capacity of 12,330 acre-
feet at 1,240 feet msl; (5) a 6,500-foot-long, 19.2-foot-diameter
concrete and steel-lined high-pressure tunnel; (6) an underground power
house located 800 feet southwest of the lower reservoir; (7) a 13-mile-
long, 230-kilovolt (kV) transmission line extending from the project
substation to the point of interconnection with an existing overhead
500-kV transmission line. The estimated annual generation of the Oregon
Winds Pumped Storage Project would be 1,533 gigawatt-hours.
    Applicant Contact: Mr. Matthew Shapiro, CEO, Gridflex Energy, LCC;
1210 W. Franklin Street, Ste. 2; Boise, ID 83702; phone: (208) 246-
9925.
    FERC Contact: Ian Smith; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14109-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: April 1, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-8303 Filed 4-6-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Notices]
[Pages 43764-43767]
[FR Doc No: 2017-19901]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0932]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Experimental Study on
Warning Statements for Cigarette Graphic Health Warnings

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by October
19, 2017.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-NEW and
title ``Experimental Study on Warning Statements for Cigarette Graphic
Health Warnings.'' Also include the FDA docket number found in brackets
in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Jonalynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North,
10A63, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Experimental Study on Warning Statements for Cigarette Graphic Health
Warnings

OMB Control Number 0910-NEW

    The health risks associated with the use of cigarettes can be
significant and far-reaching. In 2009, Congress enacted the Tobacco
Control Act (TCA) (Pub. L. 111-31), which amends the Federal Food,
Drug, and Cosmetic Act to grant FDA authority to regulate the
manufacture, marketing, and distribution of tobacco products to protect
the public health and to reduce tobacco use by minors. Section 201 of
the Tobacco Control Act amends section 4 of the Federal Cigarette
Labeling and Advertising Act (FCLAA) (15 U.S.C. 1333) to require FDA to
issue ``regulations that require color graphics depicting the negative
health consequences of smoking to accompany the label statements
specified in subsection (a)(1).'' Section 202(b) of the Tobacco Control
Act further amends section 4 of the FCLAA by adding that the Secretary,
through notice and comment rulemaking, may adjust the ``text of any of
the label requirements . . . . if the Secretary finds that such a
change would promote greater public understanding of the risks
associated with the use of tobacco products.''
    In the Federal Register of June 22, 2011 (76 FR 36628), FDA issued
a final rule entitled ``Required Warnings for Cigarette Packages and
Advertisements,'' which specified nine images to accompany new textual
warning statements for cigarettes. Although the rule was scheduled to
become effective 15 months after it issued, a panel of the U.S. Court
of Appeals of the District of Columbia held, on August 24, 2012, that
the rule in its current form violated the First Amendment. In a letter
to Congress on March 15, 2013, the Attorney General reported FDA's
intention to undertake research to support a new rulemaking consistent
with the Tobacco Control Act. Preliminary research has been underway
since 2013. Informed by the previous court decisions on this matter,
including on the First Amendment, the next phase of the research
includes the study proposed here, which is an effort by FDA to collect
data concerning revised textual warning statements for use with new
images as part of cigarette graphic health warnings, and their
potential impact on public understanding of the risks associated with
the use of cigarettes.
    As currently proposed, this Experimental Study on Warning
Statements for Cigarette Graphic Health Warnings is a voluntary online

experiment conducted with consumers. The purpose of the proposed study
is to assess whether potential textual warnings statements, which have
been revised from those enumerated in section 4 of FCLAA, promote
greater public understanding of the negative health consequences of
cigarette smoking. The study will collect data from various groups of
consumers, including adolescent (under age 18) current cigarette
smokers, adolescents who are susceptible to initiation of cigarette
smoking, young adult (ages 18 to 24) current cigarette smokers, and
older adult (age 25 and above) current cigarette smokers. The results
will inform the Agency's development of cigarette graphic health
warnings to be tested in future studies with the goal of implementing
the mandatory graphic warning label statement consistent with section
4(d) of FCLAA and the First Amendment.
    Proposed Study Overview: In this study, adolescent current
cigarette smokers, adolescents who are susceptible to initiation of
cigarette smoking, young adult current cigarette smokers, and older
adult current smokers will be recruited from an Internet panel of more
than 1.2 million people and screened for inclusion into the study.
Participants who meet the inclusion criteria will be randomized into 1
of 17 conditions in a between-subjects design. In each condition,
participants will be exposed to a series of nine warning statements,
presented sequentially. Participants randomized to the control
condition will view all nine of the warning statements listed in
section 4(a)(1) of FCLAA:
     WARNING: Cigarettes are addictive.
     WARNING: Tobacco smoke can harm your children.
     WARNING: Cigarettes cause fatal lung disease.
     WARNING: Cigarettes cause cancer.
     WARNING: Cigarettes cause strokes and heart disease.
     WARNING: Smoking during pregnancy can harm your baby.
     WARNING: Smoking can kill you.
     WARNING: Tobacco smoke causes fatal lung disease in
nonsmokers.
     WARNING: Quitting smoking now greatly reduces serious
risks to your health.
    Participants randomized to 1 of the 16 experimental conditions will
view 8 of the warning statements listed in section 4(a)(1) of FCLAA
(first bulleted list in this document) plus 1 revised warning
statement. The revised warning statements being tested in this proposed
study are:
     WARNING: Smoking causes mouth and throat cancer.
     WARNING: Smoking causes head and neck cancer.
     WARNING: Smoking causes bladder cancer, which can lead to
bloody urine.
     WARNING: Smoking during pregnancy causes premature birth.
     WARNING: Smoking during pregnancy stunts fetal growth.
     WARNING: Smoking during pregnancy causes premature birth
and low birth weight.
     WARNING: Secondhand smoke causes respiratory illnesses in
children, like pneumonia.
     WARNING: Smoking can cause heart disease and strokes by
clogging arteries.
     WARNING: Smoking causes COPD, a lung disease that can be
fatal.
     WARNING: Smoking causes serious lung diseases like
emphysema and chronic bronchitis.
     WARNING: Smoking reduces blood flow, which can cause
erectile dysfunction.
     WARNING: Smoking reduces blood flow to the limbs, which
can require amputation.
     WARNING: Smoking causes type 2 diabetes, which raises
blood sugar.
     WARNING: Smoking causes age-related macular degeneration,
which can lead to blindness.
     WARNING: Smoking causes cataracts, which can lead to
blindness.
    In all conditions, after viewing each statement, participants will
respond to a small number of questions about that specific statement
(Section A in the questionnaire). After viewing the nine statements per
their condition, participants will respond to a larger set of questions
(Section B in the questionnaire). Next, participants in the
experimental conditions will view an additional nine revised warning
statements, drawn from the revised statements listed in this document,
and respond to an additional set of questions (Section C in the
questionnaire). Primary study outcomes include knowledge of the
negative health consequences of cigarette smoking. Prior to the main
data collection, 2 pretests, each with 50 participants, will take place
to ensure correct programming and to identify any issues with the
proposed study design and implementation.
    In the Federal Register of March 28, 2017 (82 FR 15359), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received 13 comment submissions. Eight
submissions were PRA related, and some included multiple comments.
    (Comment) Three comments suggested that the textual warning
statements should be evaluated together with accompanying images
because the impact of the final cigarette graphic warning labels will
be a combination of the effects of both the text and images.
    (Response) FDA declines to make this change at this time. This
current phase of the research, which includes the study proposed here,
is an effort by FDA to collect data concerning revised textual warning
statements that may later be used with new images as part of cigarette
graphic health warnings. In the future, FDA will conduct research
pairing warning statements with images.
    (Comment) One comment suggested using a longitudinal study design
to understand the long-term effects of the warning statements.
    (Response) FDA declines to make this change. A longitudinal study,
while providing useful data, is beyond the scope of the research
questions being addressed in the present study.
    (Comment) One comment recommended FDA use a baseline assessment of
understanding of risks associated with cigarette smoking in the form of
a pre-exposure assessment of current awareness of negative health
outcomes associated with cigarette smoking to evaluate respondents'
baseline knowledge.
    (Response) FDA declines to make this change. The measurement of
baseline level of understanding of risk should be evenly distributed
throughout the conditions due to the randomized nature of the
experiment.
    (Comment) One comment suggested that FDA implement prescreening
measures and collect information about the study respondents.
    (Response) Prior to randomization to condition, FDA will implement
a screener to collect information about potential study participants to
confirm eligibility. A copy of the screener is part of the overall
package submitted to OMB for review through the public Web site https://www.reginfo.gov. Participant demographics will be assessed in the
questionnaire and additional demographics will be provided by the
Internet panel for all participants.
    (Comment) Two comments suggested that FDA change the control group
of warning statements to which the revised textual warning statements
would be compared in this study.
    (Response) FDA declines to make this change. The purpose of the
proposed study is to test if the revised textual warning statements
promote greater public understanding of the negative health
consequences of cigarette smoking compared to the warnings enumerated
in the TCA. Therefore, the

TCA warning statements are the appropriate comparison group.
    (Comment) One comment questioned whether the use of an Internet
panel is the most appropriate method for obtaining the desired
information in this study, as compared to in-person interviews.
    (Response) With respect to the sample, the large heterogeneous
sample that can be obtained through the Internet panel will allow FDA
to test outcomes across a range of individuals, thus strengthening the
conclusions and generalizability of the study.
    (Comment) Two comments suggested that the timing of the
administration of Section B of the questionnaire (administered after
viewing eight TCA warnings with one revised warning, but before viewing
a second set of nine revised warnings) could introduce bias. One of
those comments also suggested FDA remove Section B.
    (Response) FDA declines to make such a change at this time. Section
B includes the primary outcome measures necessary to assess
participants' understanding of the negative health consequences of
cigarette smoking as described in the revised warning statements
compared to the TCA statements. Further, knowledge gained from exposure
to questions in Section B is expected to be minimal and consistent
across conditions. Therefore, any such knowledge gained from exposure
to Section B would suggest that any differences found between
conditions are robust.
    (Comment) One comment recommended that FDA conduct a power analysis
to ensure the sample size is adequate for detecting the expected effect
size.
    (Response) FDA agrees that it is important to conduct a power
analysis; the Agency did conduct a power analysis to ensure the sample
size is appropriate for the proposed study.
    (Comment) One comment expressed a desire to see the questionnaire
to be used in the study as well as an explanation of the study design.
    (Response) FDA notes that the questionnaire and supporting
statements outlining the study design and methods were available as
supporting documents in the docket for public review during the public
comment period. Additionally, the study is described in detail as part
of the overall package submitted to OMB for review through the public
Web site https://www.reginfo.gov, and copies of the instrument used to
collect this information are also included in that package.
    (Comment) Many comments focused on the content of the revised
textual warning statements in the proposed study, and provided
suggestions for changes to the wording of the warning statements and
additional topics on which they should focus.
    (Response) The topics being tested in this proposed study include a
wide range of health conditions caused by cigarette smoking and are
presented with as much information as practicable. The revised warning
statements were developed based on opportunities to promote greater
public understanding about the negative health consequences of
cigarette smoking. In addition, prior to the proposed study, the
warning statements have been tested with consumers; vetted by medical
and other scientific experts; and revised to ensure that they clearly
and understandably convey factual information about the negative health
consequences associated with the use of cigarettes. Based on comments
about the content of the revised textual warning statements and FDA's
ongoing preparation for the proposed study, FDA is changing the warning
statement ``WARNING: Smoking raises blood sugar, which can cause type 2
diabetes'' to ``WARNING: Smoking causes type 2 diabetes, which raises
blood sugar.'' This change was made to better reflect the causal link
between cigarette smoking and diabetes and to clarify that higher blood
sugar is a result, not a cause, of diabetes. FDA has updated the
questionnaire accordingly.
    (Comment) One comment suggested that FDA conduct a ``meaningful
pretest'' for the questionnaire.
    (Response) As explained in the draft supporting statements included
in the docket, the purpose of the pretests is to help ensure
understandability of the questionnaire, to reduce participant burden,
and to enhance interview administration. The questionnaire uses
slightly modified versions of scales and instruments that have already
been thoroughly tested and used in previous research.
    (Comment) Many comments suggested changes to or addition of
specific constructs as study outcomes or suggested how FDA should use
the outcomes already included in the study. Measures suggested for FDA
consideration included the following: How much the warning statements
attract attention; how novel they are; personal identification with the
statements; levels of emotion evoked/emotional appeal or emotional
reaction; perceived risk or likelihood of the outcome occurring; and
perceived effectiveness of the revised warning statements.
    (Response) FDA declines to make such changes to the outcome
measures, although FDA notes that the questionnaire already includes
items assessing perceived effectiveness of the warnings. The purpose of
this study is to assess whether potential textual warning statements,
which have been revised from those enumerated in section 4 of FCLAA,
promote greater understanding of the negative health consequences of
cigarette smoking, and the proposed outcome measures focus on just such
an evaluation. Therefore, the suggested outcome measures do not
contribute to the evaluation of whether the revised warning statements
improve public understanding of the negative health consequences of
cigarette smoking.
    (Comment) One comment noted that the study does not include
information that would assist in the design of the graphic images.
    (Response) FDA agrees that the proposed study does not include
these outcomes, and the Agency declines to make such a change. The
focus of this study is on the textual warning statements only to assess
whether they promote greater understanding of the negative health
consequences of cigarette smoking and not the design of the graphic
images.
    (Comment) Two comments stated that FDA was including measures of
risk perception and suggested that FDA include additional risk
perception measures, such as likelihood of the outcome; measures of
absolute and comparative perceived risk; and perceptions of these risks
over and above any ``background'' risk and other similar outcomes.
    (Response) FDA declines to make such changes because this study
does not aim to measure risk perceptions. The measures included in this
proposed study assess knowledge and understanding of a negative health
outcome caused by cigarette smoking. The goal of these measures is not
to assess the absolute or relative level of perception of such risks,
but rather to investigate the effect that viewing the warning
statements has on increasing the understanding of the negative health
consequences of cigarette smoking.
    (Comment) Two comments suggested that, in order to minimize the
burden of the proposed collection, FDA should use best practice methods
for survey and focus group research, including developing a statistical
analysis plan and involving a private consultant with experience in
conducting such research efficiently.

    (Response) As stated in the supporting statements included in the
docket, FDA is working with a skilled and experienced research
contractor to conduct the proposed study. In addition, FDA scientific
experts possess skill and expertise in conducting such research. Survey
and focus group best practices will be used, including avoiding bias in
questions due to wording and question order and developing a
statistical analysis plan.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
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                                                                Number of
              Portion of study                  Number of     responses per   Total annual           Average burden per response            Total hours
                                               respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Screening for pretest......................             762               1             762  0.033 (2 minutes)..........................              25
Pretest....................................             100               1             100  0.25 (15 minutes)..........................              25
Screening for main data collection.........          19,082               1          19,082  0.033 (2 minutes)..........................             630
Main data collection.......................           2,500               1           2,500  0.25 (15 minutes)..........................             625
                                            ------------------------------------------------                                             ---------------
    Total..................................  ..............  ..............  ..............  ...........................................           1,305
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA's burden estimate is based on prior experience with research
that is similar to this proposed study. Screening potential
participants for the 2 pretests will occur with 762 respondents (487
adults and 275 adolescents) identified and recruited through the
Internet panel. This brief screening will take an average of 2 minutes
(0.033 hours) per respondent. Each of the 2 pretests will consist of 50
respondents (34 adults and 16 adolescents) conducted during a single
session and take an average of 15 minutes (0.25 hours) per respondent.
Screening potential participants for the main data collection will
occur with 19,082 respondents (11,925 adults and 7,157 adolescents)
identified and recruited through the same Internet panel as used for
the pretests. This brief screening will take an average of 2 minutes
(0.033 hours) per respondent. Recent national estimates of the numbers
of adolescent current cigarette smokers, adolescents who are
susceptible to initiation of cigarette smoking, young adult current
cigarette smokers, and older adult current cigarette smokers informed
the estimates of 13.9 percent qualification rate for adults and 11.6
percent qualification rate for adolescents. Applying these estimates
and other assumptions from previous experience conducting similar
studies to the number of adolescents and adults to be screened results
in the desired sample size for the main data collection of 2,500
participants, of which 1,667 will be adults and 833 will be
adolescents. The main data collection will occur with those 2,500
respondents during a single session. The main data collection will take
an average of 15 minutes (0.25 hours) per respondent. The total
estimated burden is 1,305 hours (25 hours + 25 hours + 630 hours + 625
hours).

    Dated: September 14, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-19901 Filed 9-18-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Notices]
[Pages 34248-34250]
[FR Doc No: 2021-13861]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2021-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://

www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

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                                    Location and case     Chief executive officer of                                                          Community
        State and county                   No.                    community               Community map repository     Date of modification      No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
    Madison (FEMA Docket No.: B-  City of Huntsville    The Honorable Thomas Battle,   City Hall, 308 Fountain        May 20, 2021.........       010153
     2117).                        (19-04-5211P).        Jr., Mayor, City of            Circle, 8th Floor,
                                                         Huntsville, 308 Fountain       Huntsville, AL 35801.
                                                         Circle, 8th Floor,
                                                         Huntsville, AL 35801.
    Madison (FEMA Docket No.: B-  Unincorporated Areas  The Honorable Dale W. Strong,  Madison County, Engineering    May 20, 2021.........       010151
     2117).                        of Madison County     Chairman, Madison County       Department, 100 Hughes Road,
                                   (19-04-5211P).        Commission, 100 North Side     Madison, AL 35758.
                                                         Square, Huntsville, AL
                                                         35801.
Arizona: Yavapai (FEMA Docket     City of Prescott (20- The Honorable Greg             Public Works Department, 433   May 13, 2021.........       040098
 No.: B-2109).                     09-1903P).            Mengarelli, Mayor, City of     North Virginia Street,
                                                         Prescott, 201 South Cortez     Prescott, AZ 86301.
                                                         Street, Prescott, AZ 86303.
Arkansas: Pulaski (FEMA Docket    City of Little Rock   The Honorable Frank D. Scott   Department of Public Works,    May 17, 2021.........       050181
 No.: B-2109).                     (20-06-3649P).        Jr., Mayor, City of Little     701 West Markham Street,
                                                         Rock, 500 West Markham         Little Rock, AR 72201.
                                                         Street, Room 203, Little
                                                         Rock, AR 72201.
Colorado:
    Arapahoe (FEMA Docket No.: B- City of Littleton     The Honorable Jerry Valdes,    Public Works Department, 2255  May 7, 2021..........       080017
     2109).                        (21-08-0174P).        Mayor, City of Littleton,      West Berry Avenue,
                                                         2255 West Berry Avenue,        Littleton, CO 80120.
                                                         Littleton, CO 80120.
    Chaffee (FEMA Docket No.: B-  Unincorporated areas  The Honorable Greg Felt,       Chaffee County Planning and    Apr. 28, 2021........       080269
     2109).                        of Chaffee County     Chairman, Chaffee County       Zoning Department, 104
                                   (20-08-0467P).        Board of Commissioners, P.O.   Crestone Avenue, Room 125,
                                                         Box 699, Salida, CO 81201.     Salida, CO 81201.
    Denver (FEMA Docket No.: B-   City and County of    The Honorable Michael          Department of Transportation   May 7, 2021..........       080046
     2109).                        Denver (20-08-        Hancock, Mayor, City and       and Infrastructure, 201 West
                                   0532P).               County of Denver, 1437 North   Colfax Avenue, Department
                                                         Bannock Street, Room 350,      507, Denver, CO 80202.
                                                         Denver, CO 80202.
    Douglas (FEMA Docket No.: B-  Unincorporated areas  The Honorable Roger A.         Douglas County Public Works    Apr. 23, 2021........       080049
     2109).                        of Douglas County     Partridge, Chairman, Douglas   Department, Engineering
                                   (20-08-0491P).        County Board of                Division, 100 3rd Street,
                                                         Commissioners, 100 3rd         Castle Rock, CO 80104.
                                                         Street, Castle Rock, CO
                                                         80104.
Connecticut:
    Fairfield (FEMA Docket No.:   Town of Stratford     The Honorable Laura R.         Building Department, 2725      Apr. 26, 2021........       090016
     B-2106).                      (20-01-0502P).        Hoydick, Mayor, Town of        Main Street, Stratford, CT
                                                         Stratford, 2725 Main Street,   06615.
                                                         Stratford, CT 06615.
    New London (FEMA Docket No.:  Town of Waterford     The Honorable Robert J.        Planning and Development       May 7, 2021..........       090107
     B-2109).                      (20-01-1244P).        Brule, First Selectman, Town   Department, 15 Rope Ferry
                                                         of Waterford Board of          Road, Waterford, CT 06385.
                                                         Selectmen, 15 Rope Ferry
                                                         Road, Waterford, CT 06385.
Florida:
    Collier (FEMA Docket No.: B-  City of Naples (20-   The Honorable Teresa L.        Building Department, 295       May 13, 2021.........       125130
     2117).                        04-6275P).            Heitmann, Mayor, City of       Riverside Circle, Naples, FL
                                                         Naples, 735 8th Street         34102.
                                                         South, Naples, FL 34102.
    Marion (FEMA Docket No.: B-   Unincorporated areas  The Honorable Mounir           Office of Marion County        May 6, 2021..........       120160
     2106).                        of Marion County      Bouyounes, Marion County       Administrator, 601 Southeast
                                   (20-04-1412P).        Administrator, 601 Southeast   25th Avenue, Ocala, FL
                                                         25th Avenue, Ocala, FL         34471.
                                                         34471.

    Monroe (FEMA Docket No.: B-   Unincorporated areas  The Honorable Michelle         Monroe County Building         Apr. 26, 2021........       125129
     2106).                        of Monroe County      Coldiron, Mayor, Monroe        Department, 2798 Overseas
                                   (20-04-4391P).        County Board of                Highway, Suite 300,
                                                         Commissioners, 25 Ships Way,   Marathon, FL 33050.
                                                         Big Pine Key, FL 33042.
    Pinellas (FEMA Docket No.: B- City of Indian Rocks  Mr. Brently Gregg Mims         Building Department, 1507 Bay  May 13, 2021.........       125117
     2119).                        Beach (20-04-         Manager, City of Indian        Palm Boulevard, Indian Rocks
                                   4881P).               Rocks Beach, 1507 Bay Palm     Beach, FL 33785.
                                                         Boulevard, Indian Rocks
                                                         Beach, FL 33785.
Georgia:
    Bryan (FEMA Docket No.: B-    Unincorporated areas  The Honorable Carter           Bryan County Department of     May 14, 2021.........       130016
     2109).                        of Bryan County (20-  Infinger, Chairman, Bryan      Community Development, 6
                                   04-3250P).            County Board of                Captain Matthew Freeman
                                                         Commissioners, P.O. Box 430,   Drive, Suite 2016, Richmond
                                                         Pembroke, GA 31321.            Hill, GA 31324
    Coweta (FEMA Docket No.: B-   Unincorporated areas  The Honorable Paul Poole,      Coweta County Community        May 6, 2021..........       130298
     2106).                        of Coweta County      Chairman, Coweta County        Development Department, 22
                                   (21-04-0345P).        Board of Commissioners, 22     East Broad Street, Newnan,
                                                         East Broad Street, Newnan,     GA 30263.
                                                         GA 30263.
Louisiana: Tangipahoa (FEMA       Unincorporated areas  Mr. Robby Miller, Tangipahoa   Tangipahoa Parish Office of    May 5, 2021..........       220206
 Docket No.: B-2109).              of Tangipahoa         Parish President, P.O. Box     Community Development, 15485
                                   Parish (20-06-        215, Amite, LA 70422.          West Club Deluxe Road,
                                   1407P).                                              Hammond, LA 70403.
Mississippi:
    Copiah (FEMA Docket No.: B-   City of Hazlehurst    The Honorable Shirley          City Hall, 209 South           May 6, 2021..........       280046
     2106).                        (20-04-2010P).        Sandifer, Mayor, City of       Extension Street,
                                                         Hazlehurst, P.O. Box 549,      Hazlehurst, MS 39083.
                                                         Hazlehurst, MS 39083.
    Copiah (FEMA Docket No.: B-   Unincorporated areas  The Honorable Ronnie Barlow,   Copiah County Courthouse, 122  May 6, 2021..........       280221
     2106).                        of Copiah County      Copiah County Administrator,   South Lowe Street,
                                   (20-04-2010P).        P.O. Box 551, Hazlehurst, MS   Hazlehurst, MS 39083.
                                                         39083.
New Mexico: Dona Ana (FEMA        City of Las Cruces    The Honorable Ken              City Hall, 700 North Main      Apr. 28, 2021........       355332
 Docket No.: B-2106).              (20-06-1381P).        Miyagishima, Mayor, City of    Street, Las Cruces, NM
                                                         Las Cruces, 700 North Main     88001.
                                                         Street, Las Cruces, NM
                                                         88001.
Texas:
    Bexar and Guadalupe (FEMA     City of Selma (20-06- The Honorable Tom Daly,        Geographic Information         May 10, 2021.........       480046
     Docket No.: B-2117).          1874P).               Mayor, City of Selma, 9375     Systems (GIS) Department,
                                                         Corporate Drive, Selma, TX     9375 Corporate Drive, Selma,
                                                         78154.                         TX 78154.
    Bexar (FEMA Docket No.: B-    Unincorporated areas  The Honorable Nelson W.        Bexar County Public Works      May 10, 2021.........       480035
     2117).                        of Bexar County (20-  Wolff, Bexar County Judge,     Department, 1948 Probandt
                                   06-1284P).            101 West Nueva Street, 10th    Street, San Antonio, TX
                                                         Floor, San Antonio, TX         78214.
                                                         78205.
    Collin and Denton (FEMA       City of Celina (20-   The Honorable Sean Terry,      City Hall, 142 North Ohio      May 17, 2021.........       480133
     Docket No.: B-2117).          06-2234P).            Mayor, City of Celina, 142     Street, Celina, TX 75009.
                                                         North Ohio Street, Celina,
                                                         TX 75009.
    Collin (FEMA Docket No.: B-   City of Princeton     Mr. Derek Borg, City of        City Hall, 123 West Princeton  Apr. 30, 2021........       480757
     2117).                        (20-06-2556P).        Princeton Manager, 123 West    Drive, Princeton, TX 75407.
                                                         Princeton Drive, Princeton,
                                                         TX 75407.
    Collin (FEMA Docket No.: B-   Town of Prosper (20-  The Honorable Ray Smith,       Engineering Services           May 17, 2021.........       480141
     2117).                        06-2234P).            Mayor, Town of Prosper, P.O.   Department, 250 West 1st
                                                         Box 307, Prosper, TX 75078.    Street, Prosper, TX 75078.
    Denton (FEMA Docket No.: B-   Unincorporated areas  The Honorable Andy Eads,       Denton County Development      May 17, 2021.........       480774
     2117).                        of Denton County      Denton County Judge, 110       Services Department, 3900
                                   (20-06-2234P).        West Hickory Street, 2nd       Morse Street, Denton, TX
                                                         Floor, Denton, TX 76201.       76208.
    Harris (FEMA Docket No.: B-   City of Houston (21-  The Honorable Sylvester        Public Works and Engineering,  Apr. 26, 2021........       480296
     2106).                        06-0023P).            Turner, Mayor, City of         Floodplain Management
                                                         Houston, P.O. Box 1562,        Department, 1002 Washington
                                                         Houston, TX 77251.             Avenue, 3rd Floor, Houston,
                                                                                TX 77251.
    Harris (FEMA Docket No.: B-   Unincorporated areas  The Honorable Lina Hidalgo,    Harris County Permit           Apr. 26, 2021........       480287
     2106).                        of Harris County      Harris County Judge, 1001      Department, 10555 Northwest
                                   (20-06-2992P).        Preston Street, Suite 911,     Freeway, Suite 120, Houston,
                                                         Houston, TX 77002.             TX 77092.
    Tarrant (FEMA Docket No.: B-  City of Fort Worth    The Honorable Betsy Price,     Transportation and Public      May 13, 2021.........       480596
     2109).                        (20-06-2746P).        Mayor, City of Fort Worth,     Works Department,
                                                         200 Texas Street, Fort         Engineering Vault, 200 Texas
                                                         Worth, TX 76102.               Street, Fort Worth, TX
                                                                                76102.
Virginia:
    Loudoun (FEMA Docket No.: B-  Unincorporated areas  Mr. Tim Hemstreet, Loudoun     Loudoun County Mapping and     May 10, 2021.........       510090
     2106).                        of Loudoun County     County Administrator, P.O.     Geographic Information (GIS)
                                   (20-03-1566P).        Box 7000, Leesburg, VA         Department, 1 Harrison
                                                         20177.                         Street Southeast, Leesburg,
                                                                                VA 20175.
    Tazewell (FEMA Docket No.: B- Unincorporated areas  The Honorable Charles A.       Tazewell County Engineering    May 13, 2021.........       510160
     2109).                        of Tazewell County    Stacy, Chairman, Tazewell      Department, 173 Main Street,
                                   (20-03-1438P).        County Board of Supervisors,   Tazewell, VA 24651.
                                                         P.O. Box 1025, Bluefield, VA
                                                         25605.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-13861 Filed 6-28-21; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Notices]
[Pages 43143-43146]
[FR Doc No: 2015-17757]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75458; File No. SR-NASDAQ-2015-081]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify NASDAQ Rule 7018 Governing Fees and Credits Assessed for
Execution and Routing

July 15, 2015.
    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 July 13, 2015, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. 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

    The Exchange proposes to modify changes to amend NASDAQ Rule 7018,
governing fees and credits assessed for execution and routing of
securities.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.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 aspects of such
statements.

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

1. Purpose
    NASDAQ is proposing to amend the fees and credits provided under
NASDAQ Rule 7018. Specifically, NASDAQ is proposing to delete the
charge it assesses a member firm for its orders that execute in the
NASDAQ Market Center, which is assessed if the member firm has Market-
on Close (``MOC'') or Limit-on-Close (``LOC'') orders that execute in
the NASDAQ Closing Cross entered through a single NASDAQ Market Center
market participant identifier (``MPID''), that represent more than
0.15% of Consolidated Volume during the month. Currently, the Exchange
assesses a charge of $0.0030 per share executed in securities listed on
NASDAQ (``Tape C''), and a charge of $0.00295 per share executed in
securities listed on NYSE (``Tape A'') and on exchanges other than
NASDAQ and the NYSE (``Tape B'') (collectively, the ``Tapes''). The
Exchange is proposing to eliminate this charge under Rules 7018(a)(1),
(2) and (3).
    The Exchange is also proposing to add a new credit applied to
securities of all three Tapes. Specifically, the Exchange proposes a
$0.0029 per share executed credit provided to member firms that add
Customer,\3\ Professional,\4\ Firm,\5\ Non-NASDAQ Options Market
(``NOM'') market maker \6\ and/or broker-dealer \7\ liquidity in Penny
Pilot Options \8\ and/or Non-Penny Pilot Options \9\ of 1.25% or more
of total industry average daily volume (``ADV'') in the customer
clearing range for Equity and ETF option contracts per day, in a month
on NOM. The Exchange believes that the new credit tier will provide
incentive to NASDAQ market participants to also provide liquidity in
NOM and notes that it currently provides a similar credit tier
available for executions in securities of all three Tapes. That credit
tier provides a slightly higher credit in return for a

certain level of Consolidated Volume in addition to total industry
ADV.\10\
---------------------------------------------------------------------------

    \3\ As defined by NASDAQ Options Rules, Chapter XV.
    \4\ Id.
    \5\ Id.
    \6\ Id.
    \7\ Id.
    \8\ The Penny Pilot allows market participants to quote in penny
increments in certain series of option classes and is designed to
narrow the average quoted spreads in all classes in the Pilot, which
may result in customers and other market participants to trade
options at better prices. See NASDAQ Options Rules, Chapter XV, Sec.
2(1).
    \9\ Id.
    \10\ A member firm will receive a $0.0030 per share executed
credit if it has (i) shares of liquidity provided in all securities
during the month representing at least 0.60% of Consolidated Volume
during the month, through one or more of its NASDAQ Market Center
MPIDs, and (ii) Adds Customer, Professional, Firm, Non-NOM Market
Maker and/or Broker-Dealer liquidity in Penny Pilot Options and/or
Non- Penny Pilot Options of 1.25% or more of total industry ADV in
the customer clearing range for Equity and ETF option contracts per
day in a month on NOM. See Rules 7018(a)(1)-(3).
---------------------------------------------------------------------------

    The Exchange is also deleting a credit tier applied to securities
of all three Tapes. The Exchange currently provides a $0.0029 per share
executed credit to a member firm (i) with shares of liquidity provided
in all securities during the month representing more than 0.10% of
Consolidated Volume during the month, through one or more of its NASDAQ
Market Center MPIDs, and (ii) that adds Total NOM Market Maker Volume,
as defined in Chapter XV, Section 2 of the Nasdaq Options Market rules,
of 80,000 or more contracts per day in a month executed through one or
more of its NOM MPIDs. The Exchange notes no member firms have elected
to qualify in recent months for this credit.
    The Exchange is also proposing to amend the qualification criteria
a member firm is required to meet in order to receive a $0.0029 per
share executed credit, which is available to securities of all three
Tapes. Currently, the Exchange will provide a credit of $0.0029 per
share executed to a member firm with (i) shares of liquidity provided
in all securities during the month representing more than 0.08% of
Consolidated Volume during the month, through one or more of its NASDAQ
Market Center MPIDs, and (ii) Total Volume, as defined in Chapter XV,
Section 2 of the NOM rules, of 100,000 or more contracts per day in a
month executed through one or more of its NOM MPIDs. The Exchange is
proposing to increase the Consolidated Volume required to meet the
standard from 0.08% to 0.15%. The Exchange is also proposing to
increase the level of Total Volume required under the tier from 100,000
or more contracts per day in a month to 125,000 or more contracts per
day in a month. Lastly, the Exchange is making a clarifying change to
the rule. Specifically, the Exchange is proposing to eliminate language
from the credit tier that discusses NOM MPIDs. The Exchange notes that
there are not MPIDs on NOM, but rather activity on NOM is measured by
Participant.\11\ Accordingly, the Exchange is correcting the rule text,
but continuing to measure activity on NOM by Participant, unchanged.
---------------------------------------------------------------------------

    \11\ The term ``Options Participant'' or ``Participant'' means a
firm, or organization that is registered with the Exchange pursuant
to Chapter II of the NASDAQ Options Rules for purposes of
participating in options trading on NOM as a ``Nasdaq Options Order
Entry Firm'' or ``Nasdaq Options Market Maker''. See NASDAQ Options
Rules, Chapter I, Sec. 1(a)(40).
---------------------------------------------------------------------------

    The Exchange is proposing to increase the fee it assesses for
participation in the Closing Cross. Currently, the Exchange assesses a
charge of $0.0006 per share executed for all orders, other than MOC and
LOC orders executed in the Closing Cross. The Exchange is proposing to
increase the fee from $0.0006 to $0.0008 per share executed. Similarly,
the Exchange is proposing to increase the charge assessed for
participation in the Opening Cross. Currently, the Exchange assesses a
charge a charge of $0.0006 per share executed for all orders, other
than Market-on-Open (``MOO'') and Limit-on-Open (``LOO'') orders
executed in the Opening Cross. The Exchange is proposing to increase
the fee from $0.0006 to $0.0008 per share executed.
    The Exchange is also proposing to add a new means by which a member
firm may be excluded from the Excess Order Fee under Rule 7018(m)(4).
In 2012, NASDAQ introduced an Excess Order Fee, imposed on MPIDs that
have characteristics indicative of inefficient order entry
practices.\12\ The fee is designed to dissuade inefficient order entry
practices that may place excessive burdens on the systems of NASDAQ and
its member firms, and may negatively impact the usefulness and life
cycle cost of market data. For example, market participants that flood
the market with orders that are rapidly cancelled or that are priced
away from the inside market do little to support meaningful price
discovery. Currently, the Exchange excludes from the Excess Order Fee a
member firm with a daily average Weighted Order Total of less than
100,000 during the month. NASDAQ believes that this exclusion is
reasonable because a member firm with an extremely low volume of
entered orders has only a de minimis impact on the market. The Exchange
is proposing a new exclusion from the fee available to a member firm
that is a registered NASDAQ market maker in at least 100 issues.\13\
The Exchange believes that market makers in a significant number of
securities should not be captured by the Excess Order Fee because, in
their capacity as a market maker, they are adding beneficial liquidity
in a large number of securities thereby improving market quality for
all market participants. Consequently, the Exchange believes that such
market-improving activity offsets any negative impact caused by a
market maker exceeding the Order Entry Ratio.\14\
---------------------------------------------------------------------------

    \12\ Securities Exchange Act Release Nos. 66951 (May 9, 2012),
77 FR 28647 (May 15, 2012) (SR-NASDAQ-2012-055).
    \13\ The Exchange will calculate a market maker's eligibility
for the exclusion monthly, by taking the number of securities in
which the market maker was registered in each trading day during the
calendar month divided by the number of trading days in the calendar
month, resulting in the average daily number of registered
securities for the month.
    \14\ The Order Entry Ratio is the ratio of (i) the member firm's
Weighted Order Total to (ii) the greater of one or the number of
displayed, non-marketable orders sent to NASDAQ by the member firm
that execute in full or in part. See Rule 7018(m)(2). Member firms
with an Order Entry Ratio of 100 or more are assessed the Excess
Order Fee.
---------------------------------------------------------------------------

2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\15\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\16\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which NASDAQ operates or controls, and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f.
    \16\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    NASDAQ believes that elimination of the charges assessed member
firms that provide certain levels of MOC and/or LOC orders executed in
the Closing Cross is reasonable because the Exchange does not believe
that market participants require additional incentives to participate
in the Closing Cross using MOC and LOC orders. Currently, member firms
are assessed a charge of $0.00295 per share executed for removal of
Tape A and B securities as opposed to the default charge of $0.0030 per
share executed. The Exchange believes that it is reasonable to
eliminate the lower charge in Tape A and B securities because it does
not believe that an incentive is needed to provide MOC and LOC orders
in the Closing Cross. Moreover, the Exchange believes that it is
reasonable to eliminate the charge as applied to Tape C securities
because it is currently set at the default removal rate of $0.0030 per
share executed, and therefore does not act as an incentive whatsoever.
The Exchange believes that the proposed deletion of the charge tier is
an equitable allocation and is not unfairly discriminatory because
NASDAQ will apply the default charge assessed for removal of liquidity
from NASDAQ. As

such, all member firms that do not otherwise qualify for a lower
charge, will be assessed the same charge for removing liquidity from
NASDAQ in the securities of all three Tapes.
    NASDAQ believes that the proposed new $0.0029 per share executed
credit tier based on NOM activity, which is applied to executions of
displayed quotes/and orders (other than Supplemental Orders or
Designated Retail Orders) in the securities of all three Tapes is
reasonable because it continues to provide incentives to market
participants to improve the NASDAQ Options Market and increase their
participation on NASDAQ. As discussed, NASDAQ currently provides a
credit with similar NOM-based qualification criteria under Rule
7018(a). The Exchange believes that the proposed new credit tier is an
equitable allocation and is not unfairly discriminatory because the
credit will be available to all member firms that provide the required
level of average daily volume in option contracts. Tiers such as the
proposed are not novel and have been previously implemented across all
U.S. equities and options exchanges, including Nasdaq. Like all credit
tiers, there is the possibility that some member firms may not be able
to qualify for this credit tier as easily as others due to their size
and capacity to transact on the Exchange. Notwithstanding, the Exchange
does not believe that this credit tier discriminates unfairly because
in return for the reduced credit, qualifying member firms are providing
market improving participation to the benefit of all market
participants and the Exchange is not placing any barriers to prevent
any member firms to achieve the required levels of market improving
participation. Further, the proposed volume threshold is less than
previously established tiers.
    NASDAQ believes that elimination of the $0.0029 per share executed
credit tier based on providing a certain level of Consolidated Volume
and NOM Market Maker Volume is reasonable because it is not currently
effective in providing incentive to market participants to provide the
volume necessary to meet the requirements of the tier. Deletion of this
credit tier will allow the Exchange to offer other incentives, which
may be more effective in providing incentive to market participants to
provide market-improving order flow in return for a credit. The
Exchange believes that the proposed elimination of the credit tier is
an equitable allocation and is not unfairly discriminatory because no
member firms have qualified for the credit in recent months and removal
of the credit will not impact any member firms at this juncture.
    The Exchange believes that the proposed amendments to the $0.0029
per share executed credit tier provided for transactions in securities
of all three Tapes, which is provided in return for the member firm
providing a certain level of Consolidated Volume and Total Volume, are
reasonable because require a modest increase in the levels of
Consolidated Volume and Total Volume in order to qualify for the
credit. The Exchange chooses to offer credits to market participants in
return for certain market-improving activity. The Exchange notes that
from time to time it will adjust charges and credits, and/or the
criteria required to receive them, in order to balance the incentives
provided to market participants with the beneficial market activity the
Exchange seeks to promote and attract. In the present case, the
Exchange is requiring member firms to provide increased market
participation in both NASDAQ and NOM in return for the credit, which
NASDAQ believes better aligns the credit with the market improving
behavior. The Exchange believes the clarifying change to the tier is
reasonable because the language of the tier will more accurately
reflect how the contracts are measured to meet the criteria. In this
regard, the current criterion is meant to capture all contracts
executed on NOM. Accordingly, the proposed amended rule text more
accurately reflects that all of a Participant's contracts on NOM will
be counted toward the requirement while also will removing inaccurate
text, which may be confusing to market participants. The Exchange
believes that the proposed changes to the credit tier is an equitable
allocation and is not unfairly discriminatory because all member firms
that qualify under the revised requirements of the tier will receive
the credit.
    The Exchange believes that the proposed increases to the charges
assessed member firms for quotes and orders executed in the NASDAQ
Closing and Opening Crosses under Rules 7018(d) and (e), respectively,
are reasonable because NASDAQ must from time to time increase fees to
cover expenses incurred in operating its systems in response to
increased costs and/or decreased revenue from fees. The proposed
increase in the charge to participate in the Closing and Opening
Crosses using all other quotes and orders from $0.0006 per share
executed to $0.0008 per share executed reflects a modest increase to
better align the fee with the functionality provided. The Exchange
notes that the charges continue to be lower than the charges assessed
for using MOC and LOC orders to participate in the Closing Cross and
MOO and LOO orders to participate in the Opening Cross, and are
significantly lower than the default charge assessed for removal of
liquidity from NASDAQ. The Exchange believes that the proposed increase
in the charges for participation in the Closing and Opening Crosses is
an equitable allocation and is not unfairly discriminatory because the
charges will apply uniformly to all market participants that
participate in the Crosses.
    The Exchange believes that the proposed addition of a new exclusion
from the Excess Order Fee is reasonable because NASDAQ would like to
avoid providing market makers a disincentive to participate in NASDAQ.
The Exchange notes that the Excess Order Fee was designed to dissuade
inefficient order entry practices that may place excessive burdens on
the systems of NASDAQ and its member firms. NASDAQ has observed market
makers approaching the fee threshold near the end of the month reduce
their participation in the market to avoid reaching an Order Entry
Ratio that would trigger the fee. NASDAQ believes that it is reasonable
to provide an exemption to registered market makers in order to avoid a
decrease in quoting behavior, which will benefit all market
participants. Moreover, the Exchange believes that the proposed 100
securities threshold is reasonable because it sets a modest level of
securities in which the market maker must be registered, which balances
the need to set a meaningful standard against setting the level too
high to be achievable for most market makers. The Exchange notes that
the Exchange may revisit the registered securities threshold should it
determine that the level is too high or low. The Exchange believes that
the proposed exemption from the fee is an equitable allocation and is
not unfairly discriminatory because it will apply uniformly to all
market makers, which, unlike other market participants, have
obligations to provide liquidity to the market. The Exchange notes that
liquidity is critical to the trading efficiency and quality of the
exchange, and changes to enhance liquidity should be viewed favorably
by all participants. The Exchange believes 100 securities threshold is
an equitable allocation and is not unfairly discriminatory because it
is a modest level of securities in which the market maker must be
registered, which was selected by the Exchange

based on its observation of market maker activity, its desire to slowly
unwind this program for market makers generally and is designed to
provide the greatest improvement in market quality. To the extent the
Exchange's estimation is incorrect, it may adjust the requirement
appropriately. Lastly, the Exchange believes that the passive liquidity
provisioning benefits provided by market making to liquidity seeking
market participants, especially investors, materially outweighs any
potential harm that may be caused by allowing a market maker to exceed
the Order Entry Ratio threshold.

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

    NASDAQ does not believe that the proposed rule changes will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.\17\ NASDAQ notes
that it operates in a highly competitive market in which market
participants can readily favor competing venues if they deem fee levels
at a particular venue to be excessive, or rebate opportunities
available at other venues to be more favorable. In such an environment,
NASDAQ must continually adjust its fees to remain competitive with
other exchanges and with alternative trading systems that have been
exempted from compliance with the statutory standards applicable to
exchanges. Because competitors are free to modify their own fees in
response, and because market participants may readily adjust their
order routing practices, NASDAQ believes that the degree to which fee
changes in this market may impose any burden on competition is
extremely limited.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    In this instance, the proposed changes to the charges assessed and
credits available to member firms for execution of securities in
securities of all three Tapes do not impose a burden on competition
because NASDAQ's execution services are completely voluntary and
subject to extensive competition both from other exchanges and from
off-exchange venues. Excluding market makers from the Excess Order Fee
does not place a burden on competition because the Exchange has
balanced the goal of the fee with the potential negative impact on
market quality and determined that excluding market makers from the fee
will promote better market quality, and thereby promote NASDAQ's
competitiveness among exchanges and other market venues. In sum, if the
changes proposed herein are unattractive to market participants, it is
likely that NASDAQ will lose market share as a result. Accordingly,
NASDAQ does not believe that the proposed changes will impair the
ability of members or competing order execution venues to maintain
their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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)(ii) of the Act.\18\
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    \18\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-081 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-NASDAQ-2015-081.
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 offices 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-
NASDAQ-2015-081, and should be submitted on or before August 11, 2015.
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    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-17757 Filed 7-20-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Notices]
[Pages 7147-7148]
[FR Doc No: 2012-3147]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2011-0752; FRL-9511-8]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request: State Program Adequacy
Determination: Municipal Solid Waste Landfills (MSWLFs) and Non-
Municipal, Non-Hazardous Waste Disposal Units That Receive
Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before March 12,
2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-RCRA-
2011-0752 to (1) EPA online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB by mail to:
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Craig Dufficy, Office of Resource
Conservation and Recovery (mail code 5306P), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On September 21, 2011 (76 FR 58496), EPA sought comments on
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during
the comment period. Any additional comments on this ICR should be
submitted to EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-RCRA-2011-0752, which is available for online viewing at
www.regulations.gov, or in person at the Resource Conservation and
Recovery Act (RCRA) Docket in the EPA Docket Center (EPA/DC), EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA/DC
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the RCRA Docket is
202-566-0270.
    Use EPA's electronic docket and comment system at
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or on paper, will be made
available for public viewing at www.regulations.gov as EPA receives
them and without change, unless the comment contains copyrighted
material, confidential business information (CBI), or other information
whose public disclosure is restricted by statute. For further
information about the electronic docket, go to www.regulations.gov.
    Title: State Program Adequacy Determination: Municipal Solid Waste
Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal
Units that Receive Conditionally Exempt Small Quantity Generator
(CESQG) Hazardous Waste (Renewal).
    ICR numbers: EPA ICR No. 1608.06, OMB Control No. 2050-0152.
    ICR Status: This ICR is scheduled to expire on February 29, 2012.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB

control numbers in certain EPA regulations is consolidated in 40 CFR
part 9.
    Abstract: Section 4010(c) of the Resource Conservation and Recovery
Act (RCRA) of 1976 requires that EPA revise the landfill criteria
promulgated under paragraph (1) of Section 4004(a) and Section
1008(a)(3). Section 4005(c) of RCRA, as amended by the Hazardous Solid
Waste Amendments (HSWA) of 1984, requires states to develop and
implement permit programs to ensure that MSWLFs and non-municipal, non-
hazardous waste disposal units that receive household hazardous waste
or CESQG hazardous waste are in compliance with the revised criteria
for the design and operation of non-municipal, non-hazardous waste
disposal units under 40 CFR part 257, Subpart B and MSWLFs under 40 CFR
part 258 (40 CFR part 257, subpart B and 40 CFR part 258 are henceforth
referred to as the ``revised federal criteria.''). Section 4005(c) of
RCRA further mandates the EPA Administrator to determine the adequacy
of state permit programs to ensure owner and/or operator compliance
with the revised federal criteria. A state program that is deemed
adequate to ensure compliance may afford flexibility to owners or
operators in the approaches they use to meet federal requirements,
significantly reducing the burden associated with compliance.
    In response to the statutory requirement in Sec.  4005(c), EPA
developed 40 CFR part 239, commonly referred to as the State
Implementation Rule (SIR). The SIR describes the state application and
EPA review procedures and defines the elements of an adequate state
permit program. The collection of information from the state during the
permit program adequacy determination process allows EPA to evaluate
whether a program for which approval is requested is appropriate in
structure and authority to ensure owner or operator compliance with the
revised federal criteria.
    The EPA Administrator has delegated the authority to make
determinations of adequacy, as contained in the statute, to the EPA
Regional Administrator. The appropriate EPA Regional Office, therefore,
will use the information provided by each state to determine whether
the state's permit program satisfies the statutory test reflected in
the requirements of 40 CFR part 239. In all cases, the information will
be analyzed to determine the adequacy of the state's permit program for
ensuring compliance with the federal revised criteria.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 242
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information; processing and
maintaining information; disclosing and providing information; adjust
the existing ways to comply with any previously applicable instructions
and requirements which have subsequently changed; train personnel to be
able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
    Respondents/Affected Entities: State, Local, or Tribal Governments.
    Estimated Number of Respondents: 12.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 968.
    Estimated Total Annual Cost: $53,835, which includes $53,835 for
annual labor and $0 for annualized capital or O&M costs. All costs are
labor costs, there are no capital/start-up or O&M costs associated with
this ICR.
    Changes in the Estimates: There is no change in the total estimated
burden currently identified in the OMB Inventory of Approved ICR
Burdens.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-3147 Filed 2-9-12; 8:45 am]
BILLING CODE 6560-50-P