[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Notices]
[Pages 8378-8380]
[FR Doc No: 2015-03077]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74237; File No. SR-EDGA-2015-05]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Fee Schedule To Increase the Fee for Orders Yielding Fee Code K

February 10, 2015.
    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 January 28, 2015, EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the 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 Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend its fees and rebates
applicable to Members \5\ of the Exchange pursuant to EDGA Rule 15.1(a)
and (c) (``Fee Schedule'') to increase the fee for orders yielding fee
code K, which routes to NASDAQ OMX PSX (``PSX'') using ROUC or ROUE
routing strategy.
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    \5\ The term ``Member'' is defined as ``any registered broker or
dealer, or any person associated with a registered broker or dealer,
that has been admitted to membership in the Exchange. A Member will
have the status of a ``member'' of the Exchange as that term is
defined in Section 3(a)(3) of the Act.'' See Exchange Rule 1.5(n).
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    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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to increase the fee for orders yielding fee
code K, which routes to PSX using ROUC or ROUE routing strategy. In
securities priced at or above $1.00, the Exchange currently assesses a
fee of $0.0024 per share for Members' orders that yield fee code K. The
Exchange proposes to amend its Fee Schedule to increase this fee to
$0.0026 per share. The proposed change represents a pass through of the
rate that BATS Trading, Inc. (``BATS Trading''), the Exchange's
affiliated routing broker-dealer, is charged for routing orders to PSX
when it does not qualify for a volume tiered reduced fee. The proposed
change is in response to PSX's February 2015 fee change where PSX
increased the fee to remove liquidity via routable order types it
charges its customers, from a fee of $0.0024 per share to a fee of
$0.0025 per share for Tape A securities and $0.0026 per share for Tapes
B and C securities.\6\ When BATS Trading routes to PSX, it will now be
charged a standard rate of $0.0025 per share for Tape A securities and
$0.0026 per share for Tapes B and C securities.\7\ BATS Trading will
pass through this rate to the Exchange and the Exchange, in turn, will
pass through of a rate of $0.0026 per share to its Members. The
proposed increase to the fee under fee code K would enable the Exchange
to equitably allocate its costs among all Members utilizing fee code K.
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    \6\ See PSX, Equity Trader Alert 2014-95, Updates to PSX and BX
Pricing for November 2014, dated October 27, 2014 [sic], available
at http://www.nasdaqtrader.com/MicroNews.aspx?id=ETA2014-95.
    \7\ The Exchange notes that to the extent BATS Trading does or
does not achieve any volume tiered reduced fee on PSX, its rate for
fee code K will not change.
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    The Exchange proposes to implement these amendments to its Fee
Schedule on February 2, 2015.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\8\ in general, and
furthers the objectives of Section 6(b)(4),\9\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange believes that its proposal to increase the
pass through fee for Members' orders that yield Flag K from $0.0024 per
share to $0.0026 per share represents an equitable allocation of
reasonable dues, fees, and other charges among Members and other
persons using its facilities because the Exchange does not levy
additional fees or offer additional rebates for orders that it routes
to PSX through BATS Trading. Prior to PSX's February 2015 fee change,
PSX charged its members, which includes BATS Trading, a fee of $0.0024
per share to remove liquidity using non-routable order types, which
BATS Trading passed through to the Exchange and the Exchange charged to
its Members. In February 2015, PSX increased the fee to remove
liquidity via routable order types it charges its customers, from a fee
of $0.0024 per share to a fee of $0.0025 per share for Tape A
securities and $0.0026 per share for Tapes B and C securities.\10\
Therefore, the Exchange believes that its proposal to pass through a
fee of $0.0026 per share for orders that yield Flag K is equitable and
reasonable because it accounts for the pricing changes on PSX. In
addition, the proposal allows the Exchange to charge its Members a
pass-through rate for orders that are routed to PSX. Furthermore, the
Exchange notes that routing through BATS Trading is voluntary. Lastly,
the Exchange also believes that the proposed amendment is non-
discriminatory because it applies uniformly to all Members.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ See supra note 6.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    These proposed rule changes do not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. The Exchange does not believe that any of these changes
represent a significant departure from previous pricing offered by the
Exchange or pricing offered by the Exchange's competitors.
Additionally, Members may opt to disfavor EDGA's pricing if they
believe that alternatives offer them better value. Accordingly, the
Exchange does not believe that the proposed changes will impair the
ability of Members or competing venues to maintain their competitive
standing in the financial markets. The Exchange believes that its
proposal to pass through a fee of $0.0026 per share for Members' orders
that yield Flag K would increase intermarket competition because it
offers customers an alternative means to route to PSX. The Exchange
believes that its proposal would not burden intramarket competition
because the proposed rate would apply uniformly to all Members.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and paragraph (f) of Rule 19b-4
thereunder.\12\ 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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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 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-EDGA-2015-05 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-EDGA-2015-05. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the

Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-EDGA-2015-05, and should be
submitted on or before March 10, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-03077 Filed 2-13-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Notices]
[Pages 24874-24875]
[FR Doc No: 2011-10736]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2010-0782; ER-FRL-8996-7]

Initiation of Scoping for an Environmental Assessment (EA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Initiation of Scoping.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) (42
U.S.C. 4321-4307h), the Council on Environmental Quality's NEPA
regulations (40 CFR parts 1500-1508), and EPA's regulations for
implementing NEPA (40 CFR part 6), EPA will prepare an Environmental
Assessment (EA) to analyze the potential environmental impacts related
to the reissuance of the National Pollutant Discharge Elimination
System (NPDES) General Permit for Discharges from Construction
Activities. The EA will evaluate the potential environmental impacts
from the discharge of pollutants associated with stormwater runoff from
construction activities greater than one acre, where EPA is the
permitting authority. EPA will use the information in the EA to
determine whether to prepare an Environmental Impact Statement (EIS).
    This notice initiates the scoping process by inviting comments from
Federal, State, and local agencies, Indian tribes, and the public to
help identify the environmental issues and reasonable alternatives to
be examined in the EA. The scoping process will inform the preparation
of the EA, which will be made available for public comment.

DATES: Comments must be received by May 27, 2011.

ADDRESSES: You may submit scoping comments to the Docket ID No. EPA-HQ-
OW-2010-0782 by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments by clicking on ``Help'' or ``FAQs.''
     Mail: Attn: CGP Scoping Comments, U.S. Environmental
Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW.,
Mail Code: 2252A, Washington, DC 20460.
     Courier: Attn: CGP Scoping Comments, U.S. Environmental
Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW.,
Rm. 7241C, Washington, DC 20004, between 9 a.m. and 5 p.m.
Eastern time, Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>, ATTN: CGP Scoping Comments.
    Comments should be received within 30 days of the date of the
publication of the Proposed Construction General Permit in the Federal
Register. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Jessica Trice, NEPA Compliance
Division, Office of Federal Activities, U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW., Mail Code: 2252A, Washington, DC
20460. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: EPA is seeking public comment to determine
the scope of environmental issues and

reasonable alternatives to be addressed in the EA on the reissuance of
the National Pollutant Discharge Elimination System (NPDES) general
permit for stormwater discharges from construction activities that are
greater than one acre. EPA invites the public to submit comments
through Regulations.gov or by mail or fax to the address cited in the
ADDRESSES section during the 30-day comment period following the
publication of the Proposed Construction General Permit in the Federal
Register.
    Since 1992, EPA has issued a series of NPDES Construction General
Permits (CGP) that cover areas where EPA is the permitting authority.
At present, EPA is the permitting authority in four states (Idaho,
Massachusetts, New Hampshire, and New Mexico), the District of
Columbia, Puerto Rico, all U.S. territories with the exception of the
Virgin Islands, federal facilities in four states (Colorado, Delaware,
Vermont, and Washington), most Indian lands and a few other
specifically designated activities in specific states (e.g., oil and
gas activities in Texas and Oklahoma). EPA's current CGP became
effective on June 30, 2008 (see 74 FR 40338) and will expire on June
30, 2011. (Note: On April 25, 2011, EPA proposed extending the
expiration of the 2008 CGP until January 31, 2012. See 76 FR 22891.) On
April 25, 2011, EPA proposed for public comment the draft National
Pollutant Discharge Elimination System general permit for stormwater
discharges from large and small construction activities. 76 FR 22882.
The proposed permit would replace the 2008 CGP, as well as the 2003 CGP
for construction sites still covered under that administratively
continued permit. EPA proposes to issue the construction general permit
for five (5) years, and to provide permit coverage to eligible existing
and new construction projects in all areas of the country where EPA is
the NPDES permitting authority.
    EPA is currently planning to analyze two alternatives in the EA: No
Action, that is not issuing the CGP; and the proposed action, which is
issuing the draft CGP implementing the technology-based Effluent
Limitation Guidelines and New Source Performance Standards (C&D Rule).
The C&D Rule was issued by EPA for the construction and development
industry on December 1, 2009. These requirements include (1) non-
numeric effluent limitations that apply to all permitted discharges
from construction sites in order to minimize the discharge of
pollutants, and (2) a numeric effluent limit that applies to sites over
10 acres. The EA will analyze the potential environmental impacts of
both alternatives on threatened and endangered species, water quality,
and historic properties.

    Dated: April 28, 2011.
Robert W. Hargrove,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2011-10736 Filed 5-2-11; 8:45 am]
BILLING CODE 6560-50-P