BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

							:

REPORTS ON SIGNIFICANT AIRLINE		:	Docket OST-01-10711

SERVICE REDUCTIONS				:

__________________________________________:

NOTICE OF SUN COUNTRY AIRLINES, INC.

Communications with respect to this document should be sent to:

DAVID BANMILLER				EDWARD P.FABERMAN

President and CEO					MICHELLE M. FAUST

SUN COUNTRY AIRLINES, INC.			UNGARETTI & HARRIS

2520 Pilot Knob Road					1500 K Street, NW

Suite 250						Suite 250

Mendota Heights, MN  55120			Washington, DC 20005

Tel:<PHONE_NUMBER>					Tel:<PHONE_NUMBER>

Fax:<PHONE_NUMBER>					Fax:<PHONE_NUMBER>

							Attorneys for

							SUN COUNTRY AIRLINES

DATED:	November 26, 2001

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

							:

REPORTS ON SIGNIFICANT AIRLINE		:	Docket OST-01-10711

SERVICE REDUCTIONS				:

__________________________________________:

NOTICE OF SUN COUNTRY AIRLINES, INC.

Pursuant to Order 2001-9-20, Sun Country Airlines, Inc. (“Sun
Country”) hereby gives notice that it will temporarily cease service
from Minneapolis/St. Paul (MSP) to Washington, DC (IAD) and New York
(JFK) on November 30, 2001 and service to Phoenix, Los Angeles, San
Francisco and San Diego on December 1, 2001.  Sun Country requests a
waiver to the 15 day notice required by the Order because its
termination of service will have minimal impact on communities given
that Northwest Airlines continues to provide nonstop service between MSP
and the aforementioned large markets.  In a number of these markets,
Northwest has hundreds of seats available. In addition, each one of
these markets can be served on a one-stop basis.

While all air carriers have suffered financially since September 11th,
small carriers have been significantly impacted.  Unlike their larger
counterparts, small carriers cannot quickly shift multiple fights
between multiple markets. In addition, Sun Country has been limited in
entering primary markets such as DCA because of government restrictions
and only recently received LGA slot exemptions.  Sun Country, like other
small carriers, has faced other hurdles that make it more difficult for
it to compete.  A number of these issues have not yet been addressed.
Although the Air Transportation Safety and System Stabilization Act has
provided some relief to all carriers, some payments under the Act have
not been timely made for a variety of reasons.  As a result, the delays
have further increased the problems faced by small carriers.

Sun Country has made every attempt to stimulate demand and cut costs,
but unfortunately that has not been sufficient.  Bookings are at an all
time low. For the month of December, bookings are as follows:

IAD	10%

JFK	11%

LAX	20%

SAN	61%

PHX	36%

SFO	20%

Sun Country cannot continue to suffer these type of losses which
threaten its very survival, particularly as events continue to occur
that discourage travel and tourism.  Those events are not under the
control of Sun Country.

MSP-IAD

Effective November 30, 2001, Sun Country will cease service to IAD.
Northwest Airlines currently provides five nonstop flights between
MSP-IAD, five nonstop flights between MSP-DCA and three nonstop flights
between MSP-BWI.

	MSP-JFK

Effective November 30, 2001, Sun Country will cease service to JFK.
Northwest currently provides one nonstop and seven connecting flights
between MSP-JFK, six nonstop flights between MSP-LGA, and five nonstop
flights between MSP-EWR.

MSP-PHX

Effective December 1, 2001, Sun Country will cease service to PHX.
Northwest currently provides eight nonstop flights between MSP-PHX.

MSP-SFO

Effective December 1, 2001, Sun Country will cease service to SFO.
Northwest currently provides five nonstop flights between MSP-SFO.

MSP-LAX

Effective December 1, 2001, Sun Country will cease service to LAX.
Northwest currently provides six nonstop flights between MSP-LAX.

MSP-SAN

Effective December 1, 2001, Sun Country will cease service to SAN.
Northwest currently provides four nonstop flights between MSP-SAN.

Sun Country regrets that it will not be able to continue its service
from MSP to these markets.  Sun Country provides the only real price
competition at MSP, the Northwest dominated hub.  The temporary loss of
Sun Country service means that passengers will inevitably lose fare
competition.  Sun Country hopes to be in a position in the near future
to reinstate this service.

						Respectfully Submitted,

						______________________

						Edward P. Faberman

						UNGARETTI & HARRIS

						1500 K Street, NW

						Suite 250

						Washington, DC  20005

						Tel:<PHONE_NUMBER>

						Fax:<PHONE_NUMBER>

DATED:	November 26, 2001

  Sun Country does not concede that Order 2001-9-20 precludes carriers
from terminating services on less than 15 days notice in the absence of
statutory authority requiring a carrier to remain in a market.

 PAGE

 PAGE   3


[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 44092-44096]
[FR Doc No: 2021-17084]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92577; File No. SR-ISE-2021-16]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend ISE's
Options Regulatory Fee

August 5, 2021.
    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 30, 2021, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I and II, 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 Substance
of the Proposed Rule Change

    The Exchange proposes to amend ISE's Pricing Schedule at Options 7,
Section 9, Part C related to the Options Regulatory Fee or ``ORF''.
    While the changes proposed herein are effective upon filing, the
Exchange has designated the amendments become operative on October 1,
2021.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/ise/rules, 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
    Currently, ISE assesses an ORF of $0.0018 per contract side as
specified in ISE's Pricing Schedule at Options 7, Section 9, Part C.
The Exchange proposes to waive its ORF from October 1, 2021 to January
31, 2022, and then recommence the ORF on February 1, 2022.
    By way of background, the options industry has experienced
extremely high options trading volumes and volatility. This historical
anomaly of persistent increased options volumes has impacted ISE's ORF
collection which, in turn, has caused the Exchange to continue to
revisit its financial forecast to reflect the sustained elevated
options volumes and volatility. As the Exchange continues to monitor
the amount of revenue collected from the ORF to ensure that our ORF
collection, in combination with other regulatory fees and fines, does
not exceed regulatory costs, the Exchange has found it difficult to
determine when volumes will return to more normal levels. In order to
avoid iterative rule changes to amend its ORF, the Exchange believes it
is prudent to instead waive its ORF from October 1, 2021 to January 31,
2022, to permit the Exchange to plan future forecasts without the need
to account for any ORF collection during that timeframe. This proposal
would ensure that revenue collected from the ORF, in combination with
other regulatory fees and fines, would not exceed the Exchange's total
regulatory costs. ISE would recommence assessing its current ORF rate
of $0.0018 per contract side as of February 1, 2022. Furthermore, prior
to February 1, 2022, ISE will examine its ORF rate to determine if the
$0.0018 per contract side ORF is justified given the current volumes in
2022 as well as the current Exchange regulatory expenses at that time.
ISE would file a proposed rule change to amend its per contract ORF if
changes are necessary to ensure an equitable allocation of reasonable
ORF, if e.g., the Exchange believes that the volumes ISE experiences in
the second half of 2021 are likely to persist throughout 2022. Of note,
ISE proposes to continue to operate with the ORF fee waived in January
2022 to allow its members and other broker dealers time to align their
systems for February 1, 2022, allowing for time after the holiday
period which traditionally have year-end code freezes in place.

Collection of ORF
    Currently, ISE assesses its ORF for each customer option
transaction that is either: (1) Executed by a member on ISE; or (2)
cleared by an ISE member at The Options Clearing Corporation (``OCC'')
in the customer range,\3\ even if the transaction was executed by a
non-member of ISE, regardless of the exchange on which the transaction
occurs.\4\
---------------------------------------------------------------------------

    \3\ Participants must record the appropriate account origin code
on all orders at the time of entry of the order. The Exchange
represents that it has surveillances in place to verify that members
mark orders with the correct account origin code.
    \4\ The Exchange uses reports from OCC when assessing and
collecting the ORF.
---------------------------------------------------------------------------

ORF Revenue and Monitoring of ORF
    The Exchange monitors the amount of revenue collected from the ORF
to ensure that it, in combination with other regulatory fees and fines,
does not exceed regulatory costs. In determining whether an expense is
considered a regulatory cost, the Exchange reviews all costs and makes
determinations if there is a nexus between the expense and a regulatory
function. The Exchange notes that fines collected by the Exchange in
connection with a disciplinary matter offset ORF.
    Revenue generated from ORF, when combined with all of the
Exchange's other regulatory fees and fines, is designed to recover a
material portion of the regulatory costs to the Exchange of the
supervision and regulation of member customer options business
including performing routine surveillances, investigations,
examinations, financial monitoring, and policy, rulemaking,
interpretive, and enforcement activities. Regulatory costs include
direct regulatory expenses and certain indirect expenses in support of
the regulatory function. The direct expenses include in-house and
third-party service provider costs to support the day-to-day regulatory
work such as surveillances, investigations and examinations. The
indirect expenses include support from such areas as Office of the
General Counsel, technology, and internal audit. Indirect expenses are
estimated to be approximately 42% of the total regulatory costs for
2021. Thus, direct expenses are estimated to be approximately 58% of
total regulatory costs for 2021.
    The ORF is designed to recover a material portion of the costs to
the Exchange of the supervision and regulation of its members,
including performing routine surveillances, investigations,
examinations, financial monitoring, and policy, rulemaking,
interpretive, and enforcement activities.
Proposal
    Based on the Exchange's most recent review, the Exchange proposes
to waive ORF from October 1, 2021 to January 31, 2022, to help ensure
that revenue collected from the ORF, in combination with other
regulatory fees and fines, does not exceed the Exchange's total
regulatory costs. ISE would recommence assessing its current ORF rate
of $0.0018 per contract side as of February 1, 2022. The Exchange
issued an Options Trader Alert on July 2, 2021 indicating the proposed
rate change for October 1, 2021.\5\
---------------------------------------------------------------------------

    \5\ See Options Trader Alert 2021-41.
---------------------------------------------------------------------------

    The proposed waiver is based on recent options volume which has
remained at abnormally and unexpectedly high levels. Options volume in
2021 remains significantly high when that volume is compared to 2019
and 2020 options volume. For example, total options contract volume in
November 2020 was 71% higher than the total options contract volume in
November 2019.\6\ Below is industry data from OCC \7\ which illustrates
the significant increase in volume during the fourth quarter of 2020.
---------------------------------------------------------------------------

    \6\ See data from OCC at: https://www.businesswire.com/news/home/20201202005584/en/OCC-November-2020-Total-Volume-Up-71-Percent-From-a-Year-Ago.
    \7\ See data from OCC at: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Volume-by-Account-Type.

----------------------------------------------------------------------------------------------------------------
                 Volume                     October 2020      November 2020     December 2020        Q4 2020
----------------------------------------------------------------------------------------------------------------
Total...................................       633,365,184       673,660,858       753,568,354     2,060,594,396
Customer................................       587,707,301       630,297,252       708,037,956     1,926,042,509
Total ADV...............................     28,789,326.55     33,683,042.90     34,253,107.00     32,196,787.44
Customer ADV............................     26,713,968.23     31,514,862.60     32,183,543.45     30,094,414.20
----------------------------------------------------------------------------------------------------------------

    Below is industry data from OCC \8\ which illustrates the
significant increase in volume from January 2021 through March 2021.
The options volume in the first quarter of 2021 was higher than the
fourth quarter of 2020. Also, April and May 2021 volumes remain
significantly high as compared to 2020 options volume in general.
---------------------------------------------------------------------------

    \8\ Id.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                            Volume                                January 2021      February 2021      March 2021        April 2021         May 2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total.........................................................       838,339,790       823,412,827       898,653,388       711,388,828       718,368,993
Customer......................................................       784,399,878       782,113,450       837,247,059       667,208,963       659,913,862
Total ADV.....................................................     44,123,146.84     43,337,517.20     39,071,886.40     33,875,658.50     35,918,449.70
Customer ADV..................................................     41,284,204.11     41,163,865.79     36,402,046.04     31,771,855.38     32,995,693.10
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As a result of the historical anomaly created by these high options
volumes, ISE has no assurance that the Exchange's final costs for 2021
will not differ materially from these expectations and prior practice,
nor can the Exchange predict with certainty whether options volume will
remain at the current level going forward. The Exchange notes however,
that when combined with regulatory fees and fines, the revenue being
generated utilizing the current ORF rate may result in revenue in
excess of the Exchange's estimated regulatory costs for the year.
Particularly, as noted above, the options market has seen a substantial
increase in volume in 2021 as compared to 2020, due in large part to
the continued extreme volatility in the marketplace as a result of the
COVID-19 pandemic. This unprecedented spike in volatility resulted in
significantly higher volume than was originally projected by the
Exchange (thereby resulting in substantially higher ORF revenue than
projected). The Exchange therefore proposes to waive ORF from October
1, 2021 to January 31, 2022 to ensure it does not exceed its regulatory
costs for

2021. Particularly, the Exchange believes that waiving ORF from October
1, 2021 to January 31, 2022 and considering all of the Exchange's other
regulatory fees and fines would allow the Exchange to continue covering
a material portion of its regulatory costs, while lessening the
potential for generating excess revenue that may otherwise occur using
the current rate.\9\
---------------------------------------------------------------------------

    \9\ The Exchange notes that its regulatory responsibilities with
respect to member compliance with options sales practice rules have
largely been allocated to FINRA under a 17d-2 agreement. The ORF is
not designed to cover the cost of that options sales practice
regulation.
---------------------------------------------------------------------------

    ISE would recommence assessing its current ORF rate of $0.0018 per
contract side as of February 1, 2022. Until October 1, 2021, the
Exchange will continue to monitor the amount of revenue collected from
the ORF to ensure that it, in combination with its other regulatory
fees and fines, does not exceed regulatory costs. The Exchange would
also continue monitoring the amount of revenue collected from the ORF
when it recommences assessing ORF on February 1, 2022. If the Exchange
determines regulatory revenues exceed regulatory costs, the Exchange
will adjust the ORF by submitting a fee change filing to the Commission
and notifying \10\ its members via an Options Trader Alert.\11\
---------------------------------------------------------------------------

    \10\ The Exchange will provide members with such notice at least
30 calendar days prior to the effective date of the change.
    \11\ The Exchange notes that in connection with this proposal,
it provided the Commission confidential details regarding the
Exchange's projected regulatory revenue, including projected revenue
from ORF, along with a projected regulatory expenses.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\12\ Specifically, the
Exchange believes the proposed rule change is consistent with Section
6(b)(4) of the Act,\13\ which provides that Exchange rules may provide
for the equitable allocation of reasonable dues, fees, and other
charges among its members, and other persons using its facilities.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \14\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed fee waiver is reasonable because
customer transactions will be subject to no ORF from October 1, 2021 to
January 31, 2022. Moreover, the proposed waiver is necessary, so the
Exchange does not collect revenue in excess of its anticipated
regulatory costs, in combination with other regulatory fees and fines,
which is consistent with the Exchange's practices.
    The Exchange designed the ORF to generate revenues that would be
less than the amount of the Exchange's regulatory costs to ensure that
it, in combination with its other regulatory fees and fines, does not
exceed regulatory costs, which is consistent with the view of the
Commission that regulatory fees be used for regulatory purposes and not
to support the Exchange's business operations. As discussed above,
however, after review of its regulatory costs and regulatory revenues,
which includes revenues from ORF and other regulatory fees and fines,
the Exchange determined that absent a reduction in ORF, it may be
collecting revenue in excess of its regulatory costs. Indeed, the
Exchange notes that when considering the recent options volume, which
included an increase in customer options transactions, it estimates the
ORF may generate revenues that may cover more than the approximated
Exchange's projected regulatory costs. As such, the Exchange believes
it's reasonable and appropriate to waive ORF from October 1, 2021 to
January 31, 2022 and recommence assessing ORF on February 1, 2022.
    The Exchange also believes the proposed fee change is equitable and
not unfairly discriminatory as no member would be assessed an ORF from
October 1, 2021 to January 31, 2022. While the Exchange has assessed
and collected ORF from January through September, 2021, but will not
collect ORF, with this proposal, from October 2021 through January
2022, the Exchange does not believe that it is unfairly discriminatory
to not assess the ORF from October 2021 through January 2022 because
the ORF is designed and intended to recover a portion of the Exchange's
regulatory costs without collecting in excess of those costs.
Unexpectedly high and sustained customer volume has resulted in higher
revenues from the ORF that, if not suspended, will likely result in
over-collection of ORF, which would be inconsistent with the Exchange's
prior representations and undertaking to not collect ORF in excess of
regulatory expenses. Despite decreasing the amount of the ORF on April
1, 2021, the Exchange did not decrease the amount of the ORF again in
2021 because it did not expect, based on its prior experience, that
customer volume would remain abnormally high. Also, it is equitable and
not unfairly discriminatory to recommence the assessment of the ORF on
February 1, 2022 because assessing the ORF to each member for options
transactions cleared by OCC in the customer range where the execution
occurs on another exchange and is cleared by aa ISE member is an
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities.\15\
---------------------------------------------------------------------------

    \15\ If the OCC clearing member is a ISE member, ORF is assessed
and collected on all cleared customer contracts (after adjustment
for CMTA); and (2) if the OCC clearing member is not a ISE member,
ORF is collected only on the cleared customer contracts executed at
ISE, taking into account any CMTA instructions which may result in
collecting the ORF from a non-member.
---------------------------------------------------------------------------

    The Exchange believes recommencing the ORF on February 1, 2022 at
the same rate, unless options volumes or the Exchange's regulatory
expense at that time warrant a proposed rule change, continues to
ensure fairness by assessing higher fees to those members that require
more Exchange regulatory services based on the amount of customer
options business they conduct. As noted in prior ORF rule changes which
set the current ORF rate of $0.0018 per contract side, regulating
customer trading activity is much more labor intensive and requires
greater expenditure of human and technical resources than regulating
non-customer trading activity, which tends to be more automated and
less labor-intensive. For example, there are costs associated with main
office and branch office examinations (e.g., staff expenses), as well
as investigations into customer complaints and the terminations of
registered persons.\16\
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release No. 91420 (March 26,
2021), 86 FR 17223 (April 1, 2021) (SR-ISE-2021-04) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
ISE's Pricing Schedule at Options 7, Section 9, Part C To Reduce the
Options Regulatory Fee). The Exchange also noted in this rule change
that, ``As a result, the costs associated with administering the
customer component of the Exchange's overall regulatory program are
materially higher than the costs associated with administering the
non-customer component (e.g., member proprietary transactions) of
its regulatory program. Moreover, the Exchange notes that it has
broad regulatory responsibilities with respect to activities of its
members, irrespective of where their transactions take place. Many
of the Exchange's surveillance programs for customer trading
activity may require the Exchange to look at activity across all
markets, such as reviews related to position limit violations and
manipulation. Indeed, the Exchange cannot effectively review for
such conduct without looking at and evaluating activity regardless
of where it transpires. In addition to its own surveillance
programs, the Exchange also works with other SROs and exchanges on
intermarket surveillance related issues. Through its participation
in the Intermarket Surveillance Group (``ISG'') the Exchange shares
information and coordinates inquiries and investigations with other
exchanges designed to address potential intermarket manipulation and
trading abuses. Accordingly, there is a strong nexus between the ORF
and the Exchange's regulatory activities with respect to customer
trading activity of its members.'' See 86 FR 17225.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that this proposal creates an unnecessary or inappropriate intra-market
or inter-market burden on competition for several reasons. First, ORF
has been amended several times since its inception in 2009.\17\ For
example, most recently on April 1, 2021, ISE amended its ORF rate from
$0.0020 to $0.0018 per contract side as of April 1, 2021. Members who
either executed a transaction on ISE or cleared a transaction at OCC in
the customer range would have been assessed a higher ORF for a
transaction executed on ISE on March 31, 2021 ($0.0020 per contract
side) as compared to April 1, 2021 ($0.0018 per contract side). There
have been other ORF amendments prior to 2021 which have caused ISE to
assess different ORF rates to members for different time periods
causing members to have paid different ORFs since 2009. Second, ISE's
regulatory costs have varied over time. For example, if ISE received
payment of a fine from a disciplinary action, that fine would offset
regulatory costs and would cause ISE to require less regulatory revenue
for a particular period. The changing regulatory costs would impact the
ORF assessed by ISE to members. In the past, the Exchange has amended
ORF to be higher or lower,\18\ thereby impacting the amount paid by
members in a calendar year. Third, options markets assess ORF at
different rates. For instance, today, Nasdaq MRX, LLC (``MRX'')
assesses a lower ORF of $0.0004 per contract side.\19\ MRX has assessed
this rate since February 1, 2019.\20\ Depending on where a customer
order is executed, a member could be assessed a much different ORF. For
example, in the case where a customer order is sent to ISE and routed
to MRX, and a non-member cleared that transaction, the ISE ORF of
$0.0018 would not be assessed to the member who executed the
transaction or cleared the transaction, rather the MRX rate of $0.0004
per contract side would be assessed. In that same scenario presuming a
non-member cleared the transaction, if the customer order could have
executed on ISE instead of routing away the member would have been
assessed the ISE ORF of $0.0018 per contract side. The customer, in
that instance, would have no knowledge of where the order could be
executed, as the liquidity profile of each exchange may differ at that
exact moment. Therefore, members could be assessed a different ORF on
the same day on the same transaction based on routing decisions, and in
those cases the member would continue to benefit from the regulatory
program available on each market and discover where the liquidity is
available, irrespective of any ORF rate differentials across markets.
---------------------------------------------------------------------------

    \17\ See also Securities Exchange Act Release Nos. 81345 (August
8, 2017), 82 FR 37939 (August 14, 2017) (SR-ISE-2017-71); 70859
(November 13, 2013), 78 FR 69501 (November 19, 2013) (SR-ISE-2014-
54); 69270 (April 2, 2013), 78 FR 20988 (April 8, 2013) (SR-ISE-
2013-28); 67087 (May 31, 2012), 77 FR 33535 (June 6, 2012) (SR-ISE-
2012-43); and 62012 (April 30, 2010), 75 FR 25306 (May 7, 2010) (SR-
ISE-2010-36).
    \18\ Id.
    \19\ See Securities Exchange Act Release Nos. 85127 (February
13, 2019), 84 FR 5173 (February 20, 2019) (SR-MRX-2019-03).
    \20\ Of note, prior to February 1, 2019, MRX assessed no ORF
thereby creating a calendar year where members were assessed no ORF
for a period similar to what is proposed.
---------------------------------------------------------------------------

    The Exchange believes recommencing the ORF on February 1, 2022 at
the same rate, unless options volumes or the Exchange's regulatory
expense at that time warrant a proposed rule change, does not create an
undue burden on competition because the ORF applies to all customer
activity, thereby raising regulatory revenue to offset regulatory
expenses. It also supplements the regulatory revenue derived from non-
customer activity. Recommencing the assessment of the current ORF does
not create an unnecessary or inappropriate inter-market burden on
competition because it is a regulatory fee that supports regulation in
furtherance of the purposes of the Act. The Exchange is obligated to
ensure that the amount of regulatory revenue collected from the ORF, in
combination with its other regulatory fees and fines, does not exceed
regulatory costs.

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 is effective upon filing pursuant to
Section 19(b)(3)(A) \21\ of the Act and subparagraph (f)(2) of Rule
19b-4 \22\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \23\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 No. SR-ISE-2021-16 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 No. SR-ISE-2021-16. 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 website (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 website 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. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File No. SR-ISE-
2021-16, and should be submitted on or before September 1, 2021.
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2021-17084 Filed 8-10-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Pages 20813-20814]
[FR Doc No: 2012-8304]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG12-36-000.
    Applicants: Solano 3 Wind LLC.
    Description: Supplement to Notice of Self-Certification of Exempt
Wholesale Generator Status of Solano 3 Wind LLC.
    Filed Date: 3/13/12.
    Accession Number: 20120313-5131.
    Comments Due: 5 p.m. ET 4/10/12.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER12-749-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.,
Ameren Transmission Company of Illinois.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: 03-30-12 ATXI Attachment O and GG
Compliance to be effective 3/1/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5363.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1393-000.
    Applicants: Southern California Edison Company.
    Description: 2012 TACBAA Update to be effective 6/1/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5002.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1394-000.
    Applicants: New York Independent System Operator, Inc., Niagara
Mohawk Power Corporation.
    Description: NMPC/National Grid Filing re: OATT Amendments to
Wholesale TSC to be effective 7/1/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5059.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1395-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.,
MidAmerican Energy Company.
    Description: MidAmerican-Pella WDS to be effective 4/1/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5061.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1396-000.
    Applicants: MidAmerican Energy Company.
    Description: Interconnection Agreement between City of Pella and
MEC to be effective 4/1/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5080.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1397-000.
    Applicants: PJM Interconnection, L.L.C., PPL Electric Utilities
Corporation.
    Description: PPL Electric submits revisions to OATT Attachment H-8A
to be effective 6/1/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5113.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1398-000.
    Applicants: Westar Energy, Inc.
    Description: KEPCo, Revisions to Attachment A--Delivery Points (6/
1/12) to be effective 6/1/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5139.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1399-000.
    Applicants: Enserco Energy LLC.
    Description: Notice of Succession and Request for Category 1 Status
of Enserco Energy LLC to be effective 5/29/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5143.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1400-000.
    Applicants: Flat Ridge 2 Wind Energy LLC.
    Description: MBR Application of Flat Ridge 2 Wind Energy LLC to be
effective 5/29/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5162.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1401-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance Filing of Rate Schedule No. 11 in Docket
Nos. ER09-659 and EL12-2 to be effective 3/30/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5194.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1402-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance Filing of Tariff Att. O in Docket Nos.
ER12-659 and EL12-2 to be effective 3/30/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5202.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1403-000.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: PASNY/EDDS Tariffs RY 3 to be effective 4/1/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5241.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1404-000.
    Applicants: New England Power Pool Participants Committee.
    Description: Apr 2012 Membership Filing to be effective 4/1/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5258.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1405-000.
    Applicants: The Connecticut Light and Power Company.
    Description: PSEG New Haven Localized Costs Responsibility
Agreement to be effective 3/1/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5269.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1406-000.
    Applicants: Duke Energy Indiana, Inc.
    Description: Annual Reconciliation RS No. 253 to be effective 7/1/
2011.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5274.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1407-000.
    Applicants: Western Massachusetts Electric Company.
    Description: PSEG New Haven Localized Costs Responsibility
Agreement to be effective 3/1/2012.

    Filed Date: 3/30/12.
    Accession Number: 20120330-5282.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1408-000.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: WDS RY 3 changes 4-2012 to be effective 4/1/2012 under
ER12-1408 Filing Type: 320.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5306.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1409-000.
    Applicants: Public Service Company of Colorado.
    Description: 2011 Formula Rate Charges for Post-Retirement Benefits
Other than Pensions of Public Service Company of Colorado.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5313.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1410-000.
    Applicants: Public Service Company of New Hampshire.
    Description: PSEG New Haven Localized Costs Responsibility
Agreement to be effective 3/1/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5334.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1411-000.
    Applicants: Oklahoma Gas and Electric Company.
    Description: Revised Rate Schedule FERC No. 106 to be effective 3/
30/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5344.
    Comments Due: 5 p.m. ET 4/20/12.

    Docket Numbers: ER12-1412-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc. submits tariff filing per
35.13(a)(2)(iii: Midwest Energy, Inc., Wholesale Power Sales Service to
be effective 6/1/2012.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5374.
    Comments Due: 5 p.m. ET 4/20/12.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES12-29-000.
    Applicants: PJM Interconnection, L.L.C., PJM Settlement, Inc.
    Description: Application of PJM Interconnection, L.L.C. and PJM
Settlement, Inc. under Section 204 of the Federal Power Act for an
Order Authorizing the Issuance of Securities.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5190.
    Comments Due: 5 p.m. ET 4/20/12.
    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA09-16-003.
    Applicants: Northeast Utilities Service Company.
    Description: Northeast Utilities Service Company's 2011 Annual
Refund Report--Order 890 Requirement.
    Filed Date: 3/30/12.
    Accession Number: 20120330-5177.
    Comments Due: 5 p.m. ET 4/20/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 30, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-8304 Filed 4-5-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Notices]
[Pages 695-696]
[FR Doc No: 2019-00527]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER19-512-001.
    Applicants: San Diego Gas & Electric Company.
    Description: Tariff Amendment: 2019 SDGE TACBAA Rate Revision to be
effective 1/1/2019.
    Filed Date: 1/24/19.
    Accession Number: 20190124-5050.
    Comments Due: 5 p.m. ET 2/14/19.

    Docket Numbers: ER19-858-000.
    Applicants: Entergy Arkansas, LLC.
    Description: Baseline eTariff Filing: Notice of Succession to be
effective 1/24/2019.
    Filed Date: 1/24/19.
    Accession Number: 20190124-5000.
    Comments Due: 5 p.m. ET 2/14/19.

    Docket Numbers: ER19-859-000.
    Applicants: GridLiance West LLC.
    Description: Sec.  205(d) Rate Filing: GLW 205 ADIT True-up
Revision 1-23-19 to be effective 3/26/2019.
    Filed Date: 1/24/19.
    Accession Number: 20190124-5001.
    Comments Due: 5 p.m. ET 2/14/19.

    Docket Numbers: ER19-860-000.
    Applicants: Entergy Arkansas, LLC.
    Description: Sec.  205(d) Rate Filing: EAL-SWPA Marketing Agreement
to be effective 3/1/2019.
    Filed Date: 1/24/19.
    Accession Number: 20190124-5021.
    Comments Due: 5 p.m. ET 2/14/19.

    Docket Numbers: ER19-861-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1276R18 KCPL NITSA NOA to be
effective 1/1/2019.
    Filed Date: 1/24/19.
    Accession Number: 20190124-5031.
    Comments Due: 5 p.m. ET 2/14/19.

    Docket Numbers: ER19-862-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2019-01-24_SA 3111 Bayou
Bend Solar-ELL 1st Rev GIA (J581) to be effective 1/9/2019.
    Filed Date: 1/24/19.
    Accession Number: 20190124-5032.
    Comments Due: 5 p.m. ET 2/14/19.

    Docket Numbers: ER19-863-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Sec.  205(d) Rate Filing: DEC-SCE&G RS No. 294
Interconnection Agreement to be effective 4/1/2019.
    Filed Date: 1/24/19.
    Accession Number: 20190124-5036.
    Comments Due: 5 p.m. ET 2/14/19.

    Docket Numbers: ER19-864-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1910R14 Southwestern Public
Service Company NITSA NOA to be effective 1/1/2019.
    Filed Date: 1/24/19.
    Accession Number: 20190124-5037.
    Comments Due: 5 p.m. ET 2/14/19.

    Docket Numbers: ER19-865-000.
    Applicants: Duke Energy Progress, LLC.
    Description: Sec.  205(d) Rate Filing: DEP-City of Camden PPA
Amendment (RS No. 197) (State ADIT) to be effective 11/1/2018.
    Filed Date: 1/24/19.
    Accession Number: 20190124-5077.
    Comments Due: 5 p.m. ET 2/14/19.

    Docket Numbers: ER19-866-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: E&P Agreement for Sand Hill
C Wind Farm to be effective 1/25/2019.
    Filed Date: 1/24/19.
    Accession Number: 20190124-5105.
    Comments Due: 5 p.m. ET 2/14/19.

    Docket Numbers: ER19-867-000.

    Applicants: South Carolina Electric & Gas Company.
    Description: Sec.  205(d) Rate Filing: IA between DEC and SCEG to
be effective 4/1/2019.
    Filed Date: 1/24/19.
    Accession Number: 20190124-5109.
    Comments Due: 5 p.m. ET 2/14/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at:
    http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: January 24, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-00527 Filed 1-30-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Proposed Rules]
[Pages 80682-80685]
[FR Doc No: 2023-25580]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2023-0072; FRL-8536-04-OAR]
RIN 2060-AV09

New Source Performance Standards for Greenhouse Gas Emissions
From New, Modified, and Reconstructed Fossil Fuel-Fired Electric
Generating Units; Emission Guidelines for Greenhouse Gas Emissions From
Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the
Affordable Clean Energy Rule

AGENCY: Environmental Protection Agency (EPA)

ACTION: Supplemental notice of proposed rulemaking.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing the
availability of and soliciting comment on an Initial Regulatory
Flexibility Analysis (IRFA) following the completion of a Small
Business Advocacy Review (SBAR) Panel for the proposed New Source
Performance Standards for Greenhouse Gas Emissions from New, Modified,
and Reconstructed Fossil Fuel-Fired Electric Generating Units. The EPA
is seeking public comment on the regulatory flexibilities considered in
the IRFA. In addition, the EPA is soliciting comment on whether to
include mechanisms to address potential reliability issues raised by
small business and other commenters with respect to both proposed New
Source Performance Standards and the proposed Emission Guidelines for
Greenhouse Gas Emissions from Existing Fossil Fuel-Fired Electric
Generating Units.

DATES: Comments. Comments must be received on or before December 20,
2023.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2023-0072, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2023-0072 in the subject line of the message.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2023-0072.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2023-0072, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed
action, contact Mr. Christian Fellner, Sector Policies and Programs
Division (D243-02), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; and email address:
[email protected] or Ms. Lisa Thompson, Sector Policies and
Programs Division (D243-02), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number:<PHONE_NUMBER>; and email
address: [email protected].

SUPPLEMENTARY INFORMATION:
    Docket. The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2023-0072. All documents in the docket are
listed in the Regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy.
    Written Comments. Direct your comments to Docket ID No. EPA-HQ-OAR-
2023-0072 at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. The EPA may
publish any comment received to its public docket. Do not submit to the
EPA's docket at https://www.regulations.gov any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. This type of
information should be submitted as discussed in the Submitting CBI
section of this document.
    Multimedia submissions (audio, video, etc.) must be accompanied by
a written comment. The written comment is considered the official
comment and should include discussion of all points you wish to make.
The EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the Web, cloud, or
other file sharing system). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the full EPA
public comment policy; information about CBI or multimedia submissions;
and general guidance on making effective comments.
    The https://www.regulations.gov website allows you to submit your
comment anonymously, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
https://www.regulations.gov, your email address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the internet. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment and with any
digital storage media you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and
should be free of any defects or viruses.
    Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information on any
digital storage media that you mail to the EPA,

note the docket ID, mark the outside of the digital storage media as
CBI, and identify electronically within the digital storage media the
specific information that is claimed as CBI. In addition to one
complete version of the comments that includes information claimed as
CBI, you must submit a copy of the comments that does not contain the
information claimed as CBI directly to the public docket through the
procedures outlined in Written Comments section of this document. If
you submit any digital storage media that does not contain CBI, mark
the outside of the digital storage media clearly that it does not
contain CBI and note the docket ID. Information not marked as CBI will
be included in the public docket and the EPA's electronic public docket
without prior notice. Information marked as CBI will not be disclosed
except in accordance with procedures set forth in 40 Code of Federal
Regulations (CFR) part 2.
    Our preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol (FTP),
or other online file sharing services (e.g., Dropbox, OneDrive, Google
Drive). Electronic submissions must be transmitted directly to the
OAQPS CBI Office at the email address [email protected] and, as
described above, should include clear CBI markings and note the docket
ID. If assistance is needed with submitting large electronic files that
exceed the file size limit for email attachments, and if you do not
have your own file sharing service, please email [email protected] to
request a file transfer link. If sending CBI information through the
postal service, please send it to the following address: OAQPS Document
Control Officer (C404-02), OAQPS, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711, Attention Docket ID No.
EPA-HQ-OAR-2023-0072. The mailed CBI material should be double wrapped
and clearly marked. Any CBI markings should not show through the outer
envelope.

I. Background

    On May 23, 2023, the Environmental Protection Agency (EPA) proposed
revised new source performance standards (NSPS) under Clean Air Act
(CAA) section 111(b) for greenhouse gas (GHG) emissions from new and
reconstructed fossil fuel-fired stationary combustion turbine electric
generating units (EGUs) and from fossil fuel-fired steam generating
units that undertake a large modification.\1\ As part of that proposal,
the EPA certified that the proposed NSPS did not have significant
impact on a substantial number of small entities under the Regulatory
Flexibility Act (RFA).\2\ However, the EPA solicited comment on a
number of more stringent policy options that, if finalized, may
increase the impact on small businesses. Therefore, the EPA convened a
Small Business Advocacy Review (SBAR) Panel for the proposed rule and
has prepared an Initial Regulatory Flexibility Analysis (IRFA) under
the RFA, 5 U.S.C. 601 et seq., and evaluated the economic impact of the
proposed NSPS on small entities, as well as any significant
alternatives to the proposed rule that may minimize economic impacts on
small entities while accomplishing the Agency's objectives. The
complete IRFA is available for review in the rulemaking docket (EPA-HQ-
OAR-2023-0072).
---------------------------------------------------------------------------

    \1\ See 88 FR 33240 (May 23, 2023).
    \2\ See 88 FR 33418 (May 23, 2023).
---------------------------------------------------------------------------

    As required by section 604 of the RFA, the EPA will prepare a final
regulatory flexibility analysis (FRFA) for this action as part of the
final rule. The FRFA will address the issues raised by public comments
on the IRFA.

II. Request for Public Comments

    The EPA welcomes public comment on all aspects of the IRFA as well
as alternatives identified in the IRFA for public comment. The EPA is
soliciting comment on the small entity impacts of the proposed NSPS and
any regulatory alternatives to the proposed NSPS ``which accomplish the
stated objectives of the applicable statutes, and which minimize any
significant impact of the proposed rule on small entities.'' The EPA is
also soliciting comment on the impacts of the regulatory alternatives
described in the proposed NSPS notice and, if they were to be adopted,
appropriate regulatory flexibilities. The EPA solicited comment on
multiple alternatives that could increase the costs to small entities
and the EPA determination that the proposed amendments would not have a
significant economic impact on a substantial number of small entities.
For the low load subcategory, these solicitations included reducing the
low load electric sales threshold to 15 percent (88 FR 33321), a second
BSER component based on co-firing low-GHG hydrogen (88 FR 33286), and a
BSER based on the use of high efficiency simple cycle combustion
turbines that would include an initial performance test (88 FR 33285).
For the intermediate load subcategory, the Agency solicitated comment
on an earlier timing of the second component of the BSER and reducing
the upper intermediate load electric sales threshold to a range of 29
to 35 percent for simple cycle turbines and to a range of 40 to 49
percent for combined cycle, depending on the design efficiency of the
combustion turbine (88 FR 33319). The EPA also solicited comment on a
BSER based on higher percentages of low-GHG hydrogen co-firing and
subcategorizing intermediate load simple cycle and combined cycle
turbines and establishing a BSER based on co-firing low-GHG hydrogen
for both subcategories (88 FR 33332). This could have the impact of
reducing the ability of owners/operators of new intermediate load
combustion turbines to use efficient generation as a compliance
alternative because combined cycle turbines could not be used as a
compliance alternative to co-firing low-GHG hydrogen in a simple cycle
combustion turbine. (The EPA notes that the scope of the IRFA is
limited to the NSPS and does not include the proposed Emission
Guidelines, so this request for comments does not include impacts on
small existing sources.) In addition, the EPA is soliciting comment on
measures to mitigate reliability concerns raised by small businesses,
which were similar to concerns raised by some commenters on the
proposed rules. Because mechanisms to address reliability concerns are
relevant to many entities in the electricity sector, we are more
broadly soliciting comment on reliability issues. The EPA requests that
commenters identify which small entity they are representing, how the
specific requirements could impact the small entity, and how the
suggested approach would reduce burden to the small entity.

A. Subcategorization

    During the SBAR Panel outreach, small entity representatives (SERs)
expressed concerns that control requirements on rural electric
cooperatives may present an additional hardship on economically
disadvantaged communities and on small entities. SERs stated that the
EPA should further evaluate potential increased energy costs,
transmission upgrade costs, and infrastructure encroachment which may
directly affect the disproportionately impacted communities.
Additionally, SERs stated that neither hydrogen co-firing nor carbon
capture and storage (CCS) can be BSER because neither technology is
commercially available or viable in very rural areas. The EPA is
soliciting comment on potential exclusions or subcategories that may
address the concerns of small entities. Such

exclusions or subcategories, if available, must be based on the class,
type, or size of the sources and be consistent with the Clean Air Act.
Additionally, consistent with the SBAR panel report, the EPA solicits
comment on whether ``rural electric cooperatives and small utility
distribution systems (serving 50,000 customers or less) can expect to
have access to hydrogen or CCS infrastructure, and if a subcategory for
these units is appropriate.''

B. Reliability Mechanisms

    During the SBAR Panel outreach, SERs raised concerns regarding
potential reliability impacts of the proposed rules, and many of those
concerns were similarly raised by commenters on the May 2023 proposal.
Commenters requested additional pathways to enable EGUs to operate
notwithstanding compliance schedules, based on a showing of reliability
need by the relevant balancing authority, Regional Transmission
Organizations (RTO), or Independent System Operator (ISO). Commenters
also suggested the EPA provide flexibilities for situations outside the
control of affected sources (e.g., delay in the issuance of a relevant
permit needed to meet the standards of performance, infrastructure
delays, or supply chain disruptions) that could lead to adverse impacts
on grid reliability. The EPA recognizes that it is difficult to
separate SERs' reliability comments from broader considerations of
reliability in the context of this rulemaking. Therefore, the EPA will
consider all comments we receive on this issue whether or not they are
small business focused. The EPA is soliciting detailed comment on
whether the Agency should include a specific mechanism or mechanisms to
address grid reliability needs that may arise during implementation of
its final rules, specifically:
     Tools and mechanisms already available to balancing
authorities, RTOs, ISOs, and other reliability authorities to address
reliability challenges;
     Circumstances and conditions that should be accounted for
in a mechanism or mechanisms to address reliability concerns, including
(i) concerns driven by events, such as extreme weather, unexpected
generator outages, and unanticipated transmission line disruption; and
(ii) concerns driven by supply chain or construction delays or
disruptions for new generation, transmission lines, or other
infrastructure as well as delays in permit issuance for controls
required to meet the standards of performance;
     The technical form and structure of such a mechanism or
mechanisms, such as an extension of the compliance date or a temporary,
alternative standard of performance, and supporting details describing
whether such a mechanism or mechanisms should be automated to enable
extensions;
     Detailed descriptions of other reliability mechanisms or
ways to address commenters' reliability concerns, including phase-in
considerations for small entities;
     What information would be ample and appropriate, but not
overly burdensome, to substantiate the need for and use of such a
mechanism or mechanisms, including any appropriate documentation from
balancing authorities, RTOs, or ISOs (the EPA specifically solicits
comment on approaches that would minimize potential documentation
burden); and
     Lessons learned from the architecture of any previously
proposed or finalized reliability mechanisms and the use of the
mechanism in practice.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review

    This action is a ``significant regulatory action'' as defined in
Executive Order 12866, as amended by Executive Order 14094.
Accordingly, EPA submitted this action to the Office of Management and
Budget (OMB) for Executive Order 12866 review. Documentation of any
changes made in response to the Executive Order 12866 review is
available in the docket.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. For 40 CFR part 60, subpart TTTT, OMB has previously
approved the information collection activities contained in the
existing regulations and has assigned OMB control number 2060-0685. For
40 CFR part 60, subpart TTTTa, the Information Collection Request (ICR)
document that the EPA prepared has been assigned EPA ICR number
2771.01. For 40 CFR part 60, subpart UUUUb, the ICR document that the
EPA prepared has been assigned EPA ICR number 2770.01.

C. Regulatory Flexibility Act (RFA)

    Pursuant to section 603 of the RFA, the EPA prepared an Initial
Regulatory Flexibility Analysis (IRFA) that examines the impact of the
proposed rule on small entities along with regulatory alternatives that
could minimize that impact. The complete IRFA is available for review
in the docket and is summarized here.
    The IRFA describes the reason why the proposed rule is being
considered and describes the objectives and legal basis of the proposed
rule, as well as discusses related rules affecting the power sector.
The IRFA describes the EPA's examination of small entity effects prior
to proposing a regulatory option and provides information about steps
taken to minimize significant impacts on small entities while achieving
the objectives of the rule.
    The EPA also summarized the potential regulatory cost impacts of
the proposed rule and alternatives in Section 5.3 of the RIA.\3\ The
analysis in the IRFA drew upon some of the same analyses and
assumptions as the analyses presented in the RIA.
---------------------------------------------------------------------------

    \3\ See Docket ID No. EPA-HQ-OAR-2023-0072-0007.
---------------------------------------------------------------------------

    We estimated cost-to-sales ratios (CSR) for each small entity to
summarize the impacts of the proposed new source rule on small entities
that build new natural gas combined cycle (NGCC) and natural gas
combustion turbines (NGCT) units over the forecast period. For NGCT
additions, we find that average compliance costs are expected to be
negative. For NGCC additions, 8 small entities are potentially affected
based on historical build patterns and projected economic additions. Of
these 8 small entities, none are projected to have cost-to-sales ratios
greater than 1 percent. The analysis above is subject to a number of
caveats and limitations. These are discussed in detail in Section 5 of
the IRFA.
    As required by section 609(b) of the RFA, the EPA also convened an
SBAR Panel to obtain advice and recommendations from small entity
representatives that potentially would be subject to the rule's
requirements. The SBAR Panel evaluated the assembled materials and
small-entity comments on issues related to elements of an IRFA. A copy
of the full SBAR Panel Report is available in the rulemaking docket
(EPA-HQ-OAR-2023-0072).

D. Unfunded Mandates Reform Act of 1995 (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any State,
local or Tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have Tribal implications as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks Populations and Low-Income Populations

    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order.
    Therefore, this action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety
risk. Since this action does not concern human health, EPA's Policy on
Children's Health also does not apply.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy because this action only solicits
comments on regulatory alternatives for small businesses.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All

    The EPA believes that this type of action does not concern human
health or environmental conditions and therefore cannot be evaluated
with respect to potentially disproportionate and adverse effects on
communities with environmental justice concerns because this action
only solicits comments on regulatory alternatives for small businesses.

Michael S. Regan,
Administrator.
[FR Doc. 2023-25580 Filed 11-17-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 14, 2008 (Volume 73, Number 135)]
[Proposed Rules]
[Page 40228-40230]
[DOCID:fr14jy08-16]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-RO3-OAR-2008-0068; FRL-8691-4]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Control of Stationary Combustion Turbine Electric Generating
Unit Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Delaware. This revision pertains to
controlling nitrogen oxides emissions from stationary combustion
turbine electric generating units. This action is being taken under the
Clean Air Act (CAA).

DATES: Written comments must be received on or before August 13, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
RO3-OAR-2008-0068 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-RO3-OAR-2008-0068, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-RO3-OAR-
2008-0068. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or e-mail.
The 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 send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. 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.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or

in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Delaware Department of Natural Resources &
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.

FOR FURTHER INFORMATION CONTACT: Gerallyn Duke,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On September 11, 2007, the Delaware
Department of Natural Resources and Environmental Control (DNREC)
submitted to EPA a revision to its SIP for Regulation 1148--Control of
Nitrogen Oxides (NOX) Emissions from Stationary Combustion
Turbine Electric Generating Units.

I. Background

    DNREC has identified large stationary combustion turbines (CTs) as
significant contributors to the release of NOX, which is a
precursor to the formation of ground-level ozone. Ozone poses a
significant threat to human health especially to the young, the
elderly, or anyone with impaired ability to breathe, as ozone harms the
lungs.
    CTs normally operate at peak times for the demand for electricity.
In Delaware, peak times are in the summer and coincide with hot and
humid weather conditions that are conducive to the formation of ozone.
By reducing NOX emissions from CTs during the ozone season,
the likelihood that Delaware's air quality will exceed the federal
standards for ozone is reduced. This regulation will affect six
existing CTs in Delaware, each with an installed capacity of 1 megawatt
(MW), none of which currently operate with any NOX pollution
control equipment. These six CTs emitted 2.21 tons of NOX
per day in 2002, which is the most recent year for Delaware's emissions
inventory. DNREC has determined that use of water injection technology
would reduce NOX emissions by approximately 40 percent, or
by 0.88 tons per day. Water injection reduces the combustion
temperature and consequently reduces NOX emissions. Delaware
is part of the Philadelphia-Wilmington-Atlantic City ozone
nonattainment area and it must take regulatory actions to improve air
quality to meet the 8-Hour Ozone National Ambient Air Quality Standard
(NAAQS) by 2010. This regulation is one of many regulatory actions that
DNREC has undertaken in recent years as part of its SIP which is a
federal requirement to show that Delaware's air quality will attain
compliance with the 8-Hour Ozone NAAQS by 2010. No inconsistencies or
inadequacies regarding EPA policy and the Clean Air Act have been
identified.

II. Summary of SIP Revision

    Rregulation 1148--Control of NOX Emissions from
Stationary Combustion Turbine Electric Generating Units requires that
an owner or operator of an existing stationary combustion turbine
electric generating unit located in Delaware with a base-load nameplate
capacity of 1 MW or greater must, by May 1, 2009, either demonstrate
that the existing stationary combustion turbine generating unit meets
the emission limits listed below or must install NOX
emission controls designed to meet these limits: For CTs that burn
gaseous fuel--42 parts per million volume (ppmv), corrected to 15
percent O2 dry basis NOX, and for CTs that burn
liquid fuel--88 ppmv NOX. Design of these limits was based
on anticipated NOX emissions if water injection pollution
control equipment were installed.
    The six CTs affected by this regulation operate without any
NOX pollution control equipment, although they are subject
to regulations designed to control NOX emissions. DNREC
determined that the six sources could achieve significant reductions in
their NOX emissions through the use of water injection
equipment. Water injection is a proven, feasible technology that has
been used in other states to reduce NOX emissions.
    This revision will reduce NOX emissions from CTs by 40
percent, or by 0.88 tons per day to approximately 1.33 tons per day.
Such a reduction will significantly improve air quality, particularly
on days when CTs normally operate, i.e., hot humid days and when
weather conditions are conducive to forming ground-level ozone, and is
one of the many regulatory steps taken to allow DNREC to attain the
NAAQS by 2010.

III. Proposed Action

    EPA is proposing to approve the Delaware SIP revision for Control
of Stationary Combustion Turbine Electric Generating Unit Emissions,
which was submitted on September 11, 2007. This SIP revision will have
a beneficial effect on air quality in the Delaware portion of the
Philadelphia--Wilmington--Atlantic City ozone nonattainment area. EPA
is soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely proposes to approve state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed approval of Delaware's Stationary
Combustion Turbine Engine emissions rule does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country

located in the state, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 1, 2008.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8-16018 Filed 7-11-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33392-33393]
[FR Doc No: 2011-14037]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64586; File No. SR-EDGX-2011-16]

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

June 2, 2011.
    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 May 27, 2011, the EDGX Exchange, Inc. (the ``Exchange'' or the
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its fees and rebates applicable to
Members \3\ of the Exchange pursuant to EDGX Rule 15.1(a) and (c). All
of the changes described herein are applicable to EDGX Members. The
text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.directedge.com.
---------------------------------------------------------------------------

    \3\ A Member is any registered broker or dealer, or any person
associated with a registered broker or dealer, that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------

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

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

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

1. Purpose
    In SR-EDGX-2011-15,\4\ the Exchange filed for immediate
effectiveness a rule filing to amend Rule 11.9 to introduce the SWPC
routing strategy to Rule 11.9(b)(3)(q).
---------------------------------------------------------------------------

    \4\ See SR-EDGX-2011-15 (May 5, 2011).
---------------------------------------------------------------------------

    SWPC is a routing option under which an order checks the System for
available shares and then is sent to only Protected Quotations and only
for displayed size. To the extent that any portion of the order is
unexecuted, the remainder is posted on the book at the order's limit
price. The entire SWPC order will not be cancelled back to the User
immediately if at the time of entry there is an insufficient share
quantity in the SWPC order to fulfill the displayed size of all
Protected Quotations. This routing option is similar to the strategies
set forth in NASDAQ Rule 4758(a)(1)(A)(vi) (``NASDAQ's ``MOPP''
strategy) and BATS BZX/BYX Exchange,

Inc. (``BATS'') Rule 11.13(a)(3)(D) (``Parallel T'').\5\
---------------------------------------------------------------------------

    \5\ See, e.g., NASDAQ Rule 4758, BATS Rule 11.13(a)(3)(D).
---------------------------------------------------------------------------

    Additionally, the Exchange proposes to add the SWPC routing
strategy to Flag SW and assign it a fee of $0.0031 per share for
removal of liquidity from all market centers except from the New York
Stock Exchange (NYSE). For any orders that use the SWPC strategy that
remove liquidity from the NYSE, the Exchange will continue to assign
them a Flag D and charge a fee of $0.0023 per share. This is further
clarified in footnote 8 to the EDGX fee schedule.
    The Exchange proposes to implement this amendment to its fee
schedule on May 27, 2011.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\6\ in general, and
furthers the objectives of Section 6(b)(4),\7\ 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 fee of $0.0031 per share for the SWPC routing strategy
is an equitable allocation of reasonable dues, fees, and other charges
in that the SWPC routing strategy is limited in its interaction with
other Member orders as it only executes to the extent a Member order is
at the Protected Quotation. As a result, compared to other routing
strategies that always sweep the EDGX book before routing out, such as
ROBA (fee of $0.0025 per share), the SWPC fee is higher. Secondly, the
fee is equitable when compared to other similar type strategies of
EDGX's competitors. As noted in SR-EDGX-2011-15 (May 5, 2011), the SWPC
routing strategy is based on Nasdaq's MOPP strategy and BATS Parallel T
routing strategy.\8\ Specifically, Nasdaq charges $0.0035 per share for
the MOPP strategy and BATS charges $0.0033 per share for the Parallel T
strategy. EDGX's rate is even more competitive than these. Finally, the
SWPC routing strategy is similar in functionality to SWPA/SWPB, both of
which are charged $0.0031 per share.\9\ The lower fee charged for
removing liquidity from the NYSE ($0.0023 per share) is consistent with
the processing of similar routing strategies by EDGX's competitors.
Secondly, of the major market centers, the NYSE fees for removing
liquidity itself are lower, and EDGX is thus able to pass back such
lower rates to its Members. The Exchange believes that the proposed
rate is non-discriminatory in that it applies uniformly to all Members.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
    \8\ See, e.g., NASDAQ Rule 4758 and BATS Rule 11.13.
    \9\ See Securities Exchange Act Release No. 63821, 76 FR 7607
(SR-EDGX-2011-02).
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily direct order flow to competing
venues if they deem fee levels at a particular venue to be excessive.
The proposed rule change reflects a competitive pricing structure
designed to incent market participants to direct their order flow to
the Exchange. The Exchange believes that the proposed rates are
equitable in that they apply uniformly to all Members. The Exchange
believes the fees and credits remain competitive with those charged by
other venues and therefore continue to be reasonable and equitably
allocated to Members.

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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)(ii) of the Act \10\ and Rule 19b-4(f)(2) \11\ thereunder.
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. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-EDGX-2011-16 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EDGX-2011-16. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
EDGX-2011-16 and should be submitted on or before June 29, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-14037 Filed 6-7-11; 8:45 am]
BILLING CODE 8011-01-P


 MEMORANDUM

DATE:07/25/2014 FROM: 		Laura Farris/EPA Region 8 TO:CLEAN Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602 SUBJECT:	EPA Region 8 State Director's Meeting held on 06/26/2014

SUMMARY:

Janet McCabe, Acting Assistant Administrator, EPA Office of Air and Radiation, and Joe Goffman, Associate Assistant Administrator for Climate and Senior Counsel to the AA for OAR, led a discussion on the proposed Clean Power Plan for Existing Power Plants via teleconference during the EPA Region 8 State Director's meeting held on 06/26/2014 in Denver, CO. The Clean Power Plan for Existing Power Plants was proposed on June 2, 2014.

ATTENDEES: See attached.