[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Notices]
[Pages 18892-18893]
[FR Doc No: 2016-07427]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket Number: OSHA-2016-0006]

Whistleblower Protection Advisory Committee

AGENCY: Occupational Safety and Health Administration (OSHA), DOL.

ACTION: Request for nominations to serve on the Whistleblower
Protection Advisory Committee.

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

SUMMARY: The Assistant Secretary of Labor for Occupational Safety and
Health requests nominations for membership on the Whistleblower
Protection Advisory Committee (WPAC).

DATES: Nominations for WPAC must be submitted (postmarked, sent,
transmitted, or received) by May 31, 2016.

ADDRESSES: You may submit nominations for WPAC, identified by the OSHA
Docket No. OSHA-2016-0006, by any of the following methods:
    Electronically: Nominations, including attachments, may be
submitted electronically at http://www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the instructions online for making
electronic submissions.
    Facsimile: If your nomination and supporting materials, including
attachments, do not exceed 10 pages, you may fax them to the OSHA
Docket Office at<PHONE_NUMBER>.
    Mail, hand delivery, express mail, messenger or courier service:
Submit your nominations and supporting materials to the OSHA Docket
Office, Docket No. OSHA-2016-0006, U.S. Department of Labor, Room N-
2625, 200 Constitution Avenue NW., Washington, DC 20210; telephone
(202) 693-2350 (OSHA's TTY number is<PHONE_NUMBER>). Deliveries (hand,
express mail, messenger and courier service) are accepted during the
Department of Labor's and Docket Office's normal business hours, 8:15
a.m.-4:45 p.m., e.t.
    Instructions: All nominations and supporting materials for WPAC
must include the Agency name and docket number for this Federal
Register notice (Docket No. OSHA-2016-0006). Because of security-
related procedures, submitting nominations by regular mail may result
in a significant delay in their receipt. Please contact the OSHA Docket
Office for information about security procedures for submitting
nominations by hand delivery, express delivery, and messenger or
courier service. For additional information on submitting nominations
see the ``Public Participation--Submission of Nominations and Access to
Docket'' heading in the SUPPLEMENTARY INFORMATION section below.
    Submissions in response to this Federal Register notice, including
personal information provided, are posted without change at http://www.regulations.gov. Therefore, OSHA cautions interested parties about
submitting personal information such as social security numbers and
dates of birth.
    Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through that Web site. All submissions, including copyrighted material,
are available for inspection at the OSHA Docket Office.

FOR FURTHER INFORMATION CONTACT: Anthony Rosa, OSHA, Directorate of
Whistleblower Protection Programs, U.S. Department of Labor, Room N-
4618, 200 Constitution Avenue NW., Washington, DC 20210; telephone
(202) 693-2199; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Assistant Secretary of Labor for
Occupational Safety and Health invites interested individuals to submit
nominations for membership on WPAC.
    Background. The WPAC advises the Secretary of Labor (the Secretary)
and the Assistant Secretary of Labor for Occupational Safety and Health
(the Assistant Secretary) on ways to improve the fairness, efficiency,
and transparency of OSHA's whistleblower investigations. WPAC is a
continuing advisory body and operates in compliance with the Federal
Advisory Committee Act (5 U.S.C. App. 2) and its implementing
regulations (see ``Authority and Signature'' section).
    WPAC membership. WPAC is comprised of 12 members, whom the
Secretary appoints to staggered terms, not to exceed 2 years. OSHA is
seeking to fill six positions on WPAC that will become vacant on
December 1, 2016. The composition of WPAC and categories of new members
to be appointed to new two-year terms are as follows:
     Two management representatives who are or represent
employers or employer associations in industries covered by one or more
of the whistleblower laws enforced by OSHA;
     Two labor representatives who are or represent workers or
worker advocacy organizations in industries covered by one or more of
the whistleblower laws enforced by OSHA; and
     Two public representatives from a college, university,
non-partisan think tank, or other entity who have extensive knowledge
and expertise on whistleblower statutes and issues.
    If a vacancy occurs before a term expires, the Secretary may
appoint a new member who represents the same interest as the
predecessor to serve for the remainder of the unexpired term. The
committee meets at least two times a year.
    Nomination requirements. Any individual or organization may
nominate one or more qualified persons for membership. If an individual
or organization nominates more than one person, each person must be
named. Submissions of nominations must include the following
information for each nominee:
    1. The nominee's name, contact information and current occupation
or position (required);

    2. The nominee's resume or curriculum vitae, including prior
membership on WPAC and other relevant organizations, associations and
committees (required);
    3. Category of membership (management, labor, state plan, or
academic/extensive whistleblower knowledge) the nominee is qualified to
represent (required);
    4. A summary of the nominee's background, experience and
qualifications that address the nominee's suitability to serve on WPAC
(required);
    5. Articles or other documents the nominee has authored that
indicate the nominee's knowledge, experience and expertise in
whistleblower protections (optional); and
    6. A statement that the nominee is aware of the nomination, is
willing to regularly attend and participate in WPAC meetings, and has
no apparent conflicts of interest that would preclude membership on
WPAC (required).
    Nominations that do not contain all required information will not
be considered.
    Membership selection. WPAC members will be selected on the basis of
their experience, knowledge, and competence in the field of
whistleblower protection. The information received through this
nomination process, in addition to other relevant sources of
information, will assist the Secretary in appointing members to serve
on WPAC. In selecting WPAC members, the Secretary will consider
individuals nominated in response to this Federal Register notice, as
well as other qualified individuals. The Department encourages the
nomination of individuals with diverse viewpoints, perspectives and
experiences to the WPAC, including individuals with disabilities and
individuals of all races, genders, ages, and sexual orientations.
    Before candidates are appointed, the U.S. Department of Labor
(Department) conducts a basic background check using publically
available, Internet-based sources.
    Instructions for submitting nominations. Interested individuals may
submit nominations and supplemental materials using one of the methods
listed in the ADDRESSES section. All nominations, attachments and other
materials must identify the docket number for this Federal Register
notice (Docket No. OSHA-2016-0006). To submit nominations through
http://www.regulations.gov, search for the docket (OSHA-2016-0006),
open the docket, click on the button that states ``Comment Now'', and
follow the instructions. You may supplement electronic nominations by
uploading document files electronically. If, instead, you wish to
submit additional materials in reference to an electronic or FAX
submission, you must submit them to the OSHA Docket Office (see
ADDRESSES section). The additional material must clearly identify your
electronic or FAX submission by name and docket number (Docket No.
OSHA-2016-0006) so that the materials can be attached to your
submission.
    Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of nominations. For
information about security procedures concerning the delivery of
materials by hand, express delivery, messenger or courier service,
please contact the OSHA Docket Office (see ADDRESSES section).
    All submissions in response to this Federal Register notice are
posted without change at http://www.regulations.gov. Therefore, OSHA
cautions interested parties about submitting personal information, such
as Social Security numbers and birthdates. Guidance on submitting
nominations and materials in response to this Federal Register notice
is available at http://www.regulations.gov and from the OSHA Docket
Office.
    Access to docket and other materials. To read or download
nominations and additional materials submitted in response to this
Federal Register notice, go to Docket No. OSHA-2016-0006, at: http://www.regulations.gov. All submissions are listed in the index of that
docket. However, some documents (e.g., copyrighted material) are not
publicly available to read or download through that Web page. All
submissions, including copyrighted material, are available for
inspection at the OSHA Docket Office. Contact the OSHA Docket Office
for information about materials not available through http://www.regulations.gov and for assistance in using the internet to locate
submissions.
    Electronic copies of this Federal Register notice are available at:
http://www.regulations.gov. This document, as well as news releases and
other relevant information, also is available at the Directorate of
Whistleblower Protection Program's Web page at http://www.whistleblowers.gov.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice under the authority granted by 5 U.S.C. App. 2, 41 CFR part 102-
3, chapter 1600 of Department of Labor Management Series 3 (Aug. 15,
2013), 77 FR 3912 (Jan. 25, 2012), and the Secretary of Labor's
authority to administer the whistleblower provisions found in 29 U.S.C.
660(c), 49 U.S.C. 31105, 15 U.S.C. 2651, 46 U.S.C. 80507, 42 U.S.C.
300j-9(i), 33 U.S.C. 1367, 15 U.S.C. 2622, 42 U.S.C. 6971, 42 U.S.C.
7622, 42 U.S.C. 9610, 42 U.S.C. 5851, 49 U.S.C. 42121, 18 U.S.C. 1514A,
49 U.S.C. 60129, 49 U.S.C. 20109, 6 U.S.C. 1142, 15 U.S.C. 2087, 29
U.S.C. 218c, 12 U.S.C. 5567, 46 U.S.C. 2114, 21 U.S.C. 399d, and 49
U.S.C. 30171.

    Signed at Washington, DC, on March 29, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-07427 Filed 3-31-16; 8:45 am]
 BILLING CODE 4510-26-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation. I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they are saving lives in countless numbers.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


OSHA, 2020 (OSHA, 2020). Excel Spreadsheets of Economic Costs, Impacts, and Benefits in Support of OSHA's Final Economic Analysis (FEA) for the Final Action of the Ancillary Revisions for the Maritime Sector and the Construction Sector from the Scope of the 2017 Final Rule.


[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Notices]
[Pages 64189-64190]
[FR Doc No: 2016-22478]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-B-1647]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before December 19, 2016.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location and the respective Community Map Repository address listed in
the tables below. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1647, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location and
the respective Community Map Repository address listed in the tables.
For communities with multiple ongoing Preliminary studies, the studies
can be identified by the unique project number and Preliminary FIRM
date listed in the tables. Additionally, the current effective FIRM and
FIS report for each community are accessible online through the FEMA
Map Service Center at www.msc.fema.gov for comparison.

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

    Dated: August 26, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

I. Watershed-Based Studies

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
                      Upper Chattahoochee Watershed
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
            Habersham County, Georgia and Incorporated Areas
------------------------------------------------------------------------
City of Baldwin........................  City Hall, 130 Airport Road,
                                          Baldwin, GA 30511.
City of Clarkesville...................  City Hall, 123 North Laurel
                                          Drive, Clarkesville, GA 30523.
City of Cornelia.......................  City Hall, 181 Larkin Street,
                                          Cornelia, GA 30531.
City of Demorest.......................  City Hall, 546 Georgia Street,
                                          Demorest, GA 30535.

Town of Alto...........................  Town Hall, 162 South Grant
                                          Street, Alto, GA 30510.
Unincorporated Areas of Habersham        Habersham County Planning and
 County.                                  Development Department, 555
                                          Monroe Street, Suite 70,
                                          Clarkesville, GA 30523.
------------------------------------------------------------------------
              White County, Georgia and Incorporated Areas
------------------------------------------------------------------------
City of Cleveland......................  City Clerk's Office, 85 South
                                          Main Street, Cleveland, GA
                                          30528.
City of Helen..........................  City Hall, 25 Alpenrosen
                                          Strasse, Helen, GA 30545.
Unincorporated Areas of White County...  White County Planning Office,
                                          1241 Helen Highway, Cleveland,
                                          GA 30528.
------------------------------------------------------------------------

II. Non-watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
              Walton County, Florida and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
          Project: 11-04-1989S Preliminary Date: March 16, 2016
------------------------------------------------------------------------
City of Freeport.......................  City Hall, 112 State Highway 20
                                          West, Freeport, FL 32439.
Unincorporated Areas of Walton County..  Walton County Planning and
                                          Development Services
                                          Department, 31 Coastal Centre
                                          Boulevard, Santa Rosa Beach,
                                          FL 32459.
------------------------------------------------------------------------

[FR Doc. 2016-22478 Filed 9-16-16; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 194 (Friday, October 7, 2022)]
[Notices]
[Pages 61012-61013]
[FR Doc No: 2022-21876]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings in Existing Proceedings

    Docket Numbers: RP21-1171-001.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Compliance filing: Revised 2021 Annual Cash Out Filing
to be effective N/A.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5174.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP23-1-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: Penalty Revenue Crediting Report of WBI Energy
Transmission, Inc.
    Filed Date: 10/3/22.
    Accession Number: 20221003-5093.
    Comment Date: 5 p.m. ET 10/17/22.

    Docket Numbers: RP23-2-000.
    Applicants: Rover Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Summary of Negotiated Rate
Capacity Release Agreements on 10-3-22 to be effective 10/1/2022.
    Filed Date: 10/3/22.
    Accession Number: 20221003-5127.
    Comment Date: 5 p.m. ET 10/17/22.

    Docket Numbers: RP23-3-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various
Releases 10-1-2022 to be effective 10/1/2022.
    Filed Date: 10/3/22.
    Accession Number: 20221003-5129.
    Comment Date: 5 p.m. ET 10/17/22.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.

Filings Instituting Proceedings

    Docket Numbers: RP22-1284-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: 2022 Fuel Tracker Filing to be
effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5155.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1285-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Remove Expired Agreements
effective October 1, 2022 to be effective 10/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5161.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1286-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts (Aethon
52454, 53154 to Scona 55634, 55635) to be effective 10/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5162.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1287-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Cherokee
AGL--Replacement Shippers--Oct 2022 to be effective 10/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5178.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1288-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (SoCal Nov-Mar 2022) to be effective 11/1/2022.

    Filed Date: 9/30/22.
    Accession Number: 20220930-5195.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1289-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20220930 Negotiated Rate to be
effective 10/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5200.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1290-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Filing--Mercuria Energy America to be effective 10/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5218.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1291-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Filing--Sabine Pass Liquefaction to be effective 10/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5219.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1292-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Filing-Spotlight Energy, LLC to be effective 10/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5223.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1293-000.
    Applicants: BBT AlaTenn, LLC.
    Description: Sec.  4(d) Rate Filing: BBT Ala-Tenn NRA Filing to be
effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5269.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1294-000.
    Applicants: Roaring Fork Interstate Gas Transmission, LLC.
    Description: Annual FL&U Reimbursement Percentage Filing for 2022
of Roaring Fork Interstate Gas Transmission, LLC.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5278.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1295-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: Permenant Release Partial
Capacity to Tenaska Marketing FA1542 to be effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5293.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1296-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Non-Conforming--Columbia Gas
Virginia--50473-11 to be effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5309.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1297-000.
    Applicants: Leaf River Energy Center LLC.
    Description: Sec.  4(d) Rate Filing: Leaf River Low Pressure Tender
filing (9-30-2022) to be effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5373.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1298-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: MNUS FRQ 2022 Filing to be
effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5397.
    Comment Date: 5 p.m. ET 10/12/22.

    Docket Numbers: RP22-1299-000.
    Applicants: ANR Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Dynegy--137273--Non-Conforming
Agreement to be effective 11/1/2022.
    Filed Date: 9/30/22.
    Accession Number: 20220930-5399.
    Comment Date: 5 p.m. ET 10/12/22.

    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.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    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: October 3, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-21876 Filed 10-6-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Notices]
[Pages 36500-36501]
[FR Doc No: 2014-15087]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1388-075]

Southern California Edison Company; Notice of Application
Accepted for Filing, Soliciting Comments, Motions To Intervene, and
Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Application for Temporary Variance of
Minimum Pool Elevation Requirement.
    b. Project No.: 1388-075.
    c. Date Filed: June 16, 2014.
    d. Applicant: Southern California Edison Company (licensee).
    e. Name of Project: Lee Vining.
    f. Location: Lee Vining Creek in Mono County, CA.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Wayne Allen, Southern California Edison
Company, 1515 Walnut Grove Avenue,

Rosemead, CA 91770. Phone<PHONE_NUMBER>.
    i. FERC Contact: Mr. John Aedo,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, protests,
and recommendations is 30 days from the issuance date of this notice by
the Commission (July 18, 2014). The Commission strongly encourages
electronic filing. Please file motions to intervene, protests,
comments, or recommendations using the Commission's eFiling system at
http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. Please include the project number (P-
1388-075) on any comments, motions to intervene, protests, or
recommendations filed.
    k. Description of Request: The licensee requests Commission
approval to temporarily reduce the surface elevation of Tioga Lake
below the minimum pool elevation requirement of its project license.
U.S. Forest Service Section 4(e) Condition No. 4 requires that the
licensee maintain Tioga Lake within 2 feet of the spillway crest during
dry years, from May 1st through September 30th. In order to accommodate
the planned installation of geomembrane liners on the main and
auxiliary dams, the licensee requests Commission approval to begin
draining Tioga Lake on September 2, 2014, thereby reducing lake levels
below the required elevation prior to September 30th. The licensee
would maintain natural flows through the outlet valve through the
duration of the proposed project.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the license surrender.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: June 18, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-15087 Filed 6-26-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Notices]
[Pages 55128-55130]
[FR Doc No: 2017-25037]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82068; File No. SR-NASDAQ-2017-120]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 7018

November 14, 2017.
    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 November 1, 2017, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the Exchange's transaction fees at
Rule 7018 to: (i) Change the volume threshold needed to qualify for one
of the credits for displayed quotes and orders that provide liquidity
on the Exchange; and (ii) add a new credit for both providing liquidity
to, and removing liquidity from, the Exchange.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to (i) change the volume
threshold needed to qualify for one of the credits for displayed quotes
and orders that provide liquidity on the Exchange; and (ii) add a new
credit for displayed quotes and orders that provide liquidity to, and
remove liquidity from, the Exchange.
    Rule 7018 sets forth the fees and credits for use of the order
execution and routing services of Nasdaq for securities priced at $1 or
more. Rule 7018(a)(1) sets forth the fees and credits for the execution
and routing of orders in Nasdaq-listed securities; Rule 7018(a)(2) sets
forth the fees and credits for the execution and routing of securities
listed on the New York Stock Exchange LLC (``NYSE''), and Rule
7018(a)(3) sets forth the fees and credits for the execution and
routing of securities listed on exchanges other than Nasdaq and NYSE
(``Tape B Securities'').
    Currently, Nasdaq pays a credit of $0.0029 per share executed for
securities listed on Nasdaq, NYSE and Tape B Securities when the member
adds liquidity in all securities through one or more of its Nasdaq
Market Center MPIDs that represents more than 0.45% of Consolidated
Volume during the month.\3\ Nasdaq now proposes to change this
requirement so that the member must add liquidity in all securities
through one or more of its Nasdaq Market Center MPIDs that represents
more than 0.60% of Consolidated Volume during the month for securities
listed on Nasdaq, NYSE and Tape B Securities. Nasdaq is therefore
amending the relevant language in Rule 7018(a)(1), (a)(2) and (a)(3) to
reflect this change. The amount of the credit remains unchanged.
---------------------------------------------------------------------------

    \3\ Rule 7018(a) defines Consolidated Volume to mean ``the total
consolidated volume reported to all consolidated transaction
reporting plans by all exchanges and trade reporting facilities
during a month in equity securities, excluding executed orders with
a size of less than one round lot. For purposes of calculating
Consolidated Volume and the extent of a member's trading activity
the date of the annual reconstitution of the Russell Investments
Indexes shall be excluded from both total Consolidated Volume and
the member's trading activity.''
---------------------------------------------------------------------------

    Nasdaq is making this change because it believes the new volume
requirement is more closely aligned to the amount of the credit. This
increase is also reflective of the Exchange's desire to provide
incentives to attract order flow to the Exchange in return for
significant market-improving behavior. By modestly increasing the
volume of liquidity that a member must add during the month in order to
qualify for the corresponding credit, this change will help ensure that
members are providing significant market-improving behavior in return
for credits.
    Nasdaq is also proposing to add a new credit for securities that
are listed on Nasdaq, NYSE and Tape B Securities. Specifically, the
member will qualify for a rebate of $0.0029 per share executed if the
member (i) removes liquidity in all securities through one or more of
its Nasdaq Market Center MPIDs that represents more than 0.70% of
Consolidated Volume during the month, and (ii) adds liquidity in all
securities through one or more of its Nasdaq Market Center MPIDs that
represents more than 0.50% of Total Consolidated Volume during the
month. Nasdaq is therefore amending the relevant language in Rule
7018(a)(1), (a)(2) and (a)(3) to reflect this change. Nasdaq is adding
this rebate to incentivize members to both add and remove liquidity on
the Exchange in Nasdaq and NYSE-listed securities and Tape B
securities, and to provide members with another way in which they may
qualify for a rebate.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\4\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\5\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility, and is
not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

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

    The Exchange believes that changing the requirement that members
add liquidity that represents more than 0.45% of Consolidated Volume to
require members to add liquidity that represents more than 0.60% of
Consolidated Volume during the month in order to qualify for the
$0.0029 credit is reasonable. The Exchange notes that it is not
changing the amount of the

credit, which has been addressed in previous filings,\6\ and believes
that the credit continues to be reasonable because it remains
unchanged. Nasdaq believes that the change to the volume threshold is
reasonable because the increased volume threshold is more closely
aligned to the corresponding credit than the current volume threshold.
This increase is also reflective of the Exchange's desire to provide
incentives to attract order flow to the Exchange in return for
significant market-improving behavior. By modestly increasing the
volume of liquidity that a member must add during the month in order to
qualify for the corresponding credit, this change will help ensure that
members are providing significant market-improving behavior in return
for credits.
---------------------------------------------------------------------------

    \6\ See, e.g., Securities Exchange Act Release No. 64453 (May
10, 2011), 76 FR 28252 (May 16, 2011) (SR-NASDAQ-2011-062).
---------------------------------------------------------------------------

    The Exchange believes that the increase in the volume threshold
needed to qualify for the $0.0029 credit is an equitable allocation and
is not unfairly discriminatory because the Exchange will apply the same
credit to all similarly situated members that meet its requirements.
The credit and its corresponding volume requirement will apply equally
to transactions in Nasdaq and NYSE-listed and Tape B Securities. The
Exchange believes that the new volume requirement will not
significantly impact the number of members that will likely qualify for
the corresponding credit, since the new volume threshold is a modest
increase over the current volume threshold. Participation in the
Exchange's various credit tiers is completely voluntary, and members
may always elect to either qualify for the corresponding credit by
adding sufficient liquidity to the Exchange to meet the new volume
requirement, or by electing to qualify for a different credit. Finally,
by modestly increasing the volume of liquidity that a member must add
during the month in order to qualify for the corresponding credit, this
change will help ensure that members are providing significant market-
improving behavior in return for credits.
    Nasdaq believes that the new credit tier for adding and removing
liquidity is reasonable. Nasdaq notes that the amount of the credit is
either comparable or identical to other credits that it offers pursuant
to Rule 7018, and believes that the requirements are comparable to
other requirements needed to qualify for other credits.\7\ Nasdaq also
believes that the amount of the credit is closely aligned to its
corresponding requirements. With this credit and its corresponding
requirements, Nasdaq is attempting to incentivize members to both add
liquidity to, and remove liquidity from, the Exchange in meaningful
amounts, which contributes to the Exchange's overall market quality and
benefits all Exchange participants.
---------------------------------------------------------------------------

    \7\ For example, Nasdaq currently pays a credit of $0.0027 per
share executed for a member (i) with shares of liquidity accessed in
all securities through one or more of its Nasdaq Market Center MPIDs
that represent more than 0.40% of Consolidated Volume during the
month, and (ii) with shares of liquidity provided in all securities
through one or more of its Nasdaq Market Center MPIDs that represent
more than 0.15% of Consolidated Volume during the month, and (iii)
provides a daily average of at least 800,000 shares of nondisplayed
liquidity through one or more of its Nasdaq Market Center MPIDs
during the month.
---------------------------------------------------------------------------

    Nasdaq also believes that the new credit tier for adding and
removing liquidity is an equitable allocation and is not unfairly
discriminatory. As with the change discussed above, the Exchange will
apply the same credit and its corresponding volume requirements to all
similarly situated members that meet its requirements. The new credit
will apply equally to transactions in Nasdaq and NYSE-listed and Tape B
Securities. Participation in the Exchange's various credit tiers is
completely voluntary, and members may always elect to either qualify
for this new credit by adding sufficient liquidity to, and removing
sufficient liquidity from, the Exchange to meet the new volume
requirements, or by electing to qualify for a different credit. With
this credit and its corresponding requirements, Nasdaq is attempting to
incentivize members to both add liquidity to, and remove liquidity
from, the Exchange in meaningful amounts, which contributes to the
Exchange's overall market quality and benefits all Exchange
participants.

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. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. Because
competitors are free to modify their own fees in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited.
    In this instance, the proposed change to the volume threshold for
the $0.0029 credit does not impose a burden on competition because the
Exchange's execution services are completely voluntary and subject to
extensive competition both from other exchanges and from off-exchange
venues. The Exchange will apply the same volume thresholds to all
members for transactions in Nasdaq and NYSE-listed and Tape B
Securities. Participation in the Exchange's various credit tiers is
completely voluntary, and Nasdaq does not believe that the new volume
threshold will significantly impact the number of members that will
likely qualify for the corresponding credit. Members may always elect
to either qualify for the new volume threshold by adding sufficient
liquidity to the Exchange to meet the new volume requirement, or by
electing to qualify for a different credit. As such, the Exchange
believes that the proposed volume threshold will not negatively impact
who will qualify for the corresponding credit, but will rather have a
positive impact on overall market quality as members increase their
participation in the market to qualify for that credit. If, however,
the Exchange is incorrect and the changes proposed herein are
unattractive to members, it is likely that Nasdaq will lose market
share as a result.
    Similarly, the proposed new credit tier for adding and removing
liquidity does not impose a burden on competition because the
Exchange's execution services are completely voluntary and subject to
extensive competition both from other exchanges and from off-exchange
venues. The Exchange will apply the same volume thresholds to all
members for transactions in Nasdaq and NYSE-listed and Tape B
Securities. Participation in the Exchange's various credit tiers is
completely voluntary, and members may always elect to either qualify
for the new credit by adding sufficient liquidity to, and removing
sufficient liquidity from, the Exchange to meet the new volume
requirements, or by electing to qualify for a different credit. As
such, the Exchange believes that the proposed credit will have a
positive

impact on overall market quality by incentivizing members to add and
remove liquidity from the Exchange in meaningful amounts. If, however,
the Exchange is incorrect and the changes proposed herein are
unattractive to members, it is likely that Nasdaq will lose market
share as a result.
    Accordingly, Nasdaq does not believe that the proposed changes will
impair the ability of members or competing order execution venues to
maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\8\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NASDAQ-2017-120 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2017-120. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. 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 Number SR-NASDAQ-2017-120, and should
be submitted on or before December 11, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-25037 Filed 11-17-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Notices]
[Pages 18280-18283]
[FR Doc No: 2011-7688]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64132; File No. SR-BATS-2011-009]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Proposed Rule Change, as Modified by Amendment No. 1, To Create a
Directed Order Program on a 6-Month Pilot Basis

March 28, 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 March 16, 2011, BATS Exchange, Inc. (``Exchange'' or ``BATS'')
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 Exchange. On March 24, 2011, the Exchange
filed Amendment No. 1 to the proposed rule filing.\3\ The Commission is
publishing this notice to solicit comments on the proposed rule change,
as modified by Amendment No. 1, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange listed additional data that
the Exchange will include in monthly reports to be provided to the
Commission during the pilot program.
---------------------------------------------------------------------------

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

    The Exchange is filing with the Commission a proposal for the BATS
Exchange Options Market (``BATS Options'') to create, on a pilot basis,
new BATS Rule 21.1(d)(13), entitled ``Market Maker Price Improving
Orders'' and new BATS Rule 21.1(d)(14), entitled ``Directed Orders.''
The Exchange also proposes to amend existing BATS Rule 21.1(d)(2),
entitled ``Price Improving Orders.''
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing certain modifications and additions to
its rules related to the trading of options. First, the Exchange is
proposing the establishment of new Rule 21.1(d)(13), entitled Market
Maker Price Improving Orders. Second the Exchange is proposing the
establishment of new Rule 21.1(d)(14), entitled Directed Orders. Third,
the Exchange is proposing to modify the text of Rule 21.1(d)(6),
entitled Price Improving Orders, to make a clarifying change.\4\
---------------------------------------------------------------------------

    \4\ The Exchange previously filed a proposal to establish a
directed order program for BATS Options. See Securities Exchange Act
Release No. 63403 (December 1, 2010), 75 FR 76059 (December 7, 2010)
(SR-BATS-2010-034) (notice of filing of directed order program
proposal). The Exchange withdrew its original filing in its entirety
and has re-filed this proposal to address comments received on the
proposal by eliminating the originally proposed midpoint order
functionality, to provide additional clarity in a few areas, and to
propose operation of the directed order program on a pilot basis. In
a manner consistent with this filing, the Exchange also responded to
comments received on the original proposal. See Letter from Eric J.
Swanson, Secretary, BATS Exchange, Inc. to Elizabeth M. Murphy,
Secretary, U.S. Securities and Exchange Commission dated February
24, 2011.
---------------------------------------------------------------------------

    The Exchange is proposing the rule changes described below to
establish a directed order program through which members of BATS
Options (``Options Members'') can direct an order to a particular BATS
Options Market Maker for potential execution at a price improved over
the existing National Best Bid (``NBB'') or National Best Offer
(``NBO''). As part of this program, BATS is proposing to define two new
order types. The first would be new Rule 21.1(d)(13), entitled Market
Maker Price Improving Orders, which are orders from a BATS Options
Market Maker to buy or sell an option that has a displayed price and
size and a non-displayed price at which the BATS Options Market Maker
is willing to trade with a Directed Order. As proposed, a Market Maker
Price Improving Order would be ranked on the BATS Options Book at its
displayed price. The non-displayed price of the Market Maker Price
Improving Order would not be entered into the BATS Options Book, but
would be, along with its displayed size, converted to a buy or sell
order at its non-displayed price in

response to a Directed Order directed to the BATS Options Market Maker.
For the avoidance of doubt, the Exchange reiterates that, as proposed,
the full displayed size of a Market Maker Price Improving Order, and
only the full displayed size of a Market Maker Price Improving Order,
is available to trade with a Directed Order directed to a BATS Options
Market Maker. Key to the structure of the proposal is that it creates
incentives for displayed price and size discovery available to all
market participants.
    The second new order type proposed would be new Rule 21.1(d)(14),
entitled Directed Orders, which are orders from a BATS Options Member
that are directed for execution to a particular BATS Options Market
Maker. For a BATS Options Market Maker to participate in an execution
against a Directed Order, (1) the Directed Order must be from a BATS
Options Member that is on a list of eligible Options Members provided
to the Exchange by the BATS Options Market Maker, in a manner
prescribed by the Exchange, (2) the BATS Options Market Maker must be
publicly quoting on BATS at the NBB (for sell Directed Orders) or NBO
(for buy Directed Orders) with a Market Maker Price Improving Order
that contains a non-displayed amount of price improvement over the NBB
or NBO at the time the Directed Order arrives to the Exchange, and (3)
the Directed Order must be marketable against the non-displayed price
of the Market Maker Price Improving Order.
    If the above conditions are met, and if there are no other non-
displayed orders at prices equal to or better than the non-displayed
price of the Market Maker Price Improving Order, the Directed Order
will trade with the Market Maker Price Improving Order up to the full
displayed size of the Market Maker Price Improving Order. Any remaining
contracts from the Directed Order will be handled, consistent with the
instructions on the Directed Order, in accordance with the order
display and book processing requirements of Rule 21.8 and, if
applicable, processed in accordance with the order routing requirements
of Rule 21.9.
    If there are non-displayed orders on the BATS Options Book at
prices equal to or better than the non-displayed price of the Market
Maker Price Improving Order, those other non-displayed orders will in
all cases have priority over the non-displayed price of the Market
Maker Price Improving Order. In such circumstances, the Market Maker
Price Improving Order may still execute at its non-displayed price
against the Directed Order consistent with the price/time priority
provisions of Rule 21.8 to the extent of any remaining contracts of the
Directed Order. Any contracts remaining of the Directed Order will
continue to be processed in a manner consistent with the order display
and book processing provisions of Rule 21.8, and if applicable, the
order routing provisions of Rule 21.9.
    As proposed, an Options Market Maker Price Improving Order would be
required to have a non-displayed price better than the displayed limit
price that could be entered in an increment as small as (1) one cent.
The non-displayed price of a Market Maker Price Improving Order is not
entered into the BATS Options Book, and is only eligible to trade with
a Directed Order to the extent that certain conditions precedent are
satisfied, including (1) that the displayed price of the Market Maker
Price Improving Order is equal to the NBB (for sell directed orders) or
the NBO (for buy directed orders) at the time the Directed Order
arrives to the Exchange, and (2) that there are no other orders on the
BATS Options Book at prices equal to or better than the non-displayed
prices of the Market Maker Price Improving Order.\5\
---------------------------------------------------------------------------

    \5\ As described in proposed Rule 11.9(c)(13)(B), all other
interest on the BATS Book at prices equal to or better than the non-
displayed price of the Market Maker Price Improving Order has
priority over the Market Maker Price Improving Order and, hence,
will execute first against the Directed Order.
---------------------------------------------------------------------------

    As noted elsewhere in this proposal, in all cases a Market Maker
Price Improving Order must include a displayed price that is equal to
the NBB or NBO for such order to be eligible to execute at its non-
displayed price against a Directed Order. As such, the proposal
enhances the public price discovery process--if the market maker is not
publicly quoting at the NBB or NBO at the time the Directed Order
arrives to BATS Options, the market maker will only trade with that
Directed Order to the extent that any other interest on the BATS
Options Book at or better than the NBB or NBO and any other interest
with price/time priority over the market maker's order is first
satisfied. Accordingly, in order to enjoy the benefits of trading
against Directed Orders, a market maker is required to publicly display
a competitively priced order which is available, and hence at risk, to
all Options Members.
    The Exchange is also proposing to delete certain language from its
existing Price Improving Order rule text. In particular, as currently
written, Rule 21.1(d)(6) states that ``Price Improving Orders that are
available for display * * *.'' \6\ The Exchange is proposing to delete
the clause ``that are available to display,'' which although intended
to simply distinguish an order executed upon arrival to the Exchange
from an order posting to the BATS Options Book, has the potential to
cause confusion to the extent it may suggest that Price Improving
Orders can be posted on the BATS Options Book without a displayed
price. That is not the case today, would not be the case under the
proposed changes to the rules, and BATS is proposing to delete this
clause to eliminate any confusion on this point.
---------------------------------------------------------------------------

    \6\ Emphasis added.
---------------------------------------------------------------------------

    The elements of the Exchange's proposal to create a directed order
program are specifically designed to enhance opportunities available in
the market for Options Members to obtain price improvement for customer
orders in the context of BATS' price/time priority, continuous auction
market. By requiring BATS Options Market Makers to be quoting at the
NBB or NBO to participate in an execution against a Directed Order
directed to it, BATS' proposal incentivizes market makers to
competitively quote and thereby furthers the public price discovery
process. By further requiring BATS Options Market Makers to include a
non-displayed price better than the displayed limit price at an
increment as small as (1) one cent, the proposal increases the
opportunities for customer orders to receive price improvement over the
NBBO. Moreover, by permitting all Options Members to enter orders in
the same increments as Market Maker Price Improving Orders, and
according those orders in all cases priority at their non-displayed
prices over Market Maker Price Improving Orders, the proposal avoids
creating participation guarantees in place at other markets and instead
promotes market-wide competition for executions at prices between the
NBBO.
    Further, the proposal provides all market participants, including
other market makers that do not have orders directed to them, with the
ability to compete with market makers for executions against Directed
Orders. BATS notes that all members, including market makers, have the
ability to enter Price Improving Orders and any other orders that can
compete in the same price increments with a particular market maker's
Market Maker Price Improving Order. In options classes not subject to
the penny pilot, market makers and non-market makers have the ability
under the proposal to post orders with non-displayed prices at penny
increments between the NBBO. Importantly, in all cases, market makers
cede priority to all other orders priced equal to or better than the
non-

displayed price of their Market Maker Price Improving Orders. In
options classes subject to the penny pilot, all market participants can
effectively compete against non-displayed Market Maker Price Improving
Orders simply by improving the NBBO. In BATS' price/time priority
market, the non-displayed portion of a Market Maker Price Improving
Order will only execute at the non-displayed price when that price is
the best available price. In addition, through its fee structure and
``maker/taker'' pricing, BATS currently incents and intends to continue
to provide certain incentives to BATS Options Members to display
aggressively priced liquidity on BATS Options.
    BATS also wishes to make clear that its proposal has no impact on
its existing rules regarding customer order facilitation. Today, BATS
members seeking to facilitate customer order on BATS Options must
comply with facilitation rules requiring the member to expose either
the customer order or the principal order on the exchange for one
second prior to a facilitation execution. These rules are similar to
rules in effect on other exchanges, and the Exchange's proposal does
not amend these requirements.\7\
---------------------------------------------------------------------------

    \7\ Specifically, BATS Rule 22.12 prohibits Options Members from
executing ``as principal orders they represent as agent unless (a)
agency orders are first exposed on BATS Options for at least one (1)
second or (b) the Options Member has been bidding or offering on
BATS Options for at least one (1) second prior to receiving an
agency order that is executable against such bid or offer
(exposure).'' Rule 22.12 prevents Options Members from executing
agency orders to increase economic gain from trading against the
order without first giving other trading interest on BATS Options an
opportunity to either trade with the agency order or to trade at the
execution price when the Options Member was already bidding or
offering on the book.
---------------------------------------------------------------------------

    Pursuant to the proposed directed order program, a BATS Options
Member who notifies a BATS Options Market Maker of its intention to
submit a Directed Order to BATS Options so that the BATS Options Market
Maker could change its quotation to match the NBB or NBO immediately
prior to submission of the Directed Order would be engaging in conduct
inconsistent with just and equitable principles of trade in violation
of Rule 3.1 and Rule 18.4(f). In addition, a BATS Options Market Maker
who becomes aware of a customer order from an affiliated broker-dealer
or desk within the same broker-dealer and acts on such information to
change its quotations to match the NBB or NBO immediately prior to
submission of a Directed Order would be in violation of the Exchange's
Rule 22.10, ``Limitations on Dealings''. BATS will proactively conduct
surveillance for such conduct and enforce against such violations.
    The Exchange is proposing to adopt Rules 21.1(d)(13) and
21.1(d)(14) as a six month pilot. During this pilot period, the
Exchange will study the impact of the rules and will provide the
Commission with monthly reports detailing its ongoing review of the
pilot. These reports will include: data and analysis regarding price
improvement trends following implementation of the directed order
program, an assessment of the quotation spreads on BATS Options, data
reflecting the size and depth of markets, and descriptions of any
patterns that emerge during the pilot period. Specific data included in
such reports will include, but not be limited to: (1) The number of
Directed Orders submitted to BATS Options; (2) the number of Market
Maker Price Improving Orders submitted to BATS Options; (3) information
regarding the types of market participants that sent Directed Orders;
(4) the number of Market Makers that participated in the directed order
program; (5) the percentage of time that Market Makers participating in
the directed order program were at the NBBO when a Directed Order
arrived at BATS Options; (6) the number of orders, excluding Market
Maker Price Improving Orders, against which an incoming Directed Order
executed; (7) the proportion of each Directed Order that was executed
against a Market Maker Price Improving Order; (8) the percentage of
Directed Orders that received price improvement over the NBBO; (9) the
average amount of price improvement for Directed Orders; and (10) data
related to the quality of the best bid and offer on BATS Options.
2. Statutory Basis
    Approval of the rule changes proposed in this submission on a pilot
basis is consistent with the requirements of the Act and the rules and
regulations thereunder that are applicable to a national securities
exchange, and, in particular, with the requirements of Section 6(b) of
the Act.\8\ In particular, the proposed change is consistent with
Section 6(b)(5) of the Act,\9\ because it would promote just and
equitable principles of trade, remove impediments to, and perfect the
mechanism of, a free and open market and a national market system, and,
in general, protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule meets these
requirements in that it promotes competition for customer orders and
furthers the public price discovery process by both incentivizing BATS
Options Market Makers to publicly display aggressive quotes at the
NBBO, as well as incentivizing BATS Options Market Makers and all other
BATS Options Members to post non-displayed prices better than the NBBO.
BATS notes that the Commission has previously found consistent with the
Act non-displayed order types designed to provide price improvement at
prices smaller than the minimum price variation in listed options.\10\
---------------------------------------------------------------------------

    \10\ See, e.g., BATS Options Rule 21.1(d)(6) ``Price Improving
Orders''; Nasdaq Options Market Rule Chapter VI, Section 1(e)(6)
``Price Improving Orders''.
---------------------------------------------------------------------------

    Moreover, the Commission has previously approved rules that provide
specialist or market maker guarantees up to a certain percentage so
long as the specialist or market maker is quoting at the NBBO and such
guarantees do not rise to a level that could have a material adverse
impact on quote competition with a particular exchange.\11\ While BATS'
directed order program requires BATS Options Market Makers to be
quoting at the NBB or NBO to be eligible to trade with an incoming
Directed Order directed to it, in contrast to prior rules approved by
the Commission, BATS' proposed directed order program provides no
participation guarantees that could negatively impact quote
competition. By not providing such guarantees, BATS's proposed directed
order program provides incentives to BATS Options Market Makers as well
as all other BATS Options Members to aggressively quote, both at the
NBBO and at non-displayed prices better than the NBBO.
---------------------------------------------------------------------------

    \11\ See, e.g., Securities Exchange Act Release No. 51759 (May
27, 2005), 70 FR 32860 (June 6, 2005) (SR-Phlx-2004-91) (order
approving the establishment of a directed order process with certain
specialist participation guarantees).
---------------------------------------------------------------------------

    In addition, the Commission has previously approved rules that
permit a specialist or market maker to determine the firms from which
it will accept directed or preferenced orders. The Commission has
explicitly approved a process similar to that proposed by BATS in the
equity markets in which only those members who have been permissioned
by a market maker are eligible to submit directed orders to the market
maker.\12\ And, the Commission

has implicitly approved such processes in the options markets by
allowing certain price improvement auctions to exist pursuant to pilot
programs, which auctions provide the ability of an options member to
submit a customer order along with a contra-side principal order from
the options member into a brief price improvement auction in which all
members have the ability to compete for the execution.\13\ BATS'
proposed rule changes are similar in nature to these price improvement
auctions, except that under BATS' proposal, competition for the
execution with a Directed Order occurs in the context of BATS'
continuous, price/time priority auction, rather than during a separate,
one-second price improvement auction. As such, concerns about customer
orders potentially ``missing the market'' during that exposure period
are not present. That said, however, BATS has proposed to the
Commission price improvement data and other data deemed necessary to
evaluate the impact of the proposal. Also, as previously mentioned,
BATS' proposal differs from existing price improvement auctions due to
the fact that BATS Options Market Makers would have no participation
guarantees.
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 52827 (November 23,
2005), 70 FR 72193 (December 1, 2005) (SR-PCX-2005-56) (order
approving certain modifications to the PCX Equities, Inc.'s Directed
Order Process on the Archipelago Exchange).
    \13\ See, e.g., BOX Rule Section 18 ``The Price Improvement
Period'' and ISE Rule 723 ``Price Improvement Mechanism for Crossing
Transactions'' (both of which providing a mechanism for options
members that want to internalize customer orders the ability to do
so on the exchanges subject to a requirement that such orders first
be exposed to all other options members through a brief price
improvement auction).
---------------------------------------------------------------------------

    The Exchange notes market makers already retain the discretion to
pay certain firms non-transparent payment for order flow amounts. The
proposal similarly retains that existing discretion for market makers,
but provides a mechanism for such payments, or at least a portion of
such payments, to be provided in a transparent fashion to the Directed
Order in the form of price improvement over the NBBO.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as modified by Amendment No.1, 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-BATS-2011-009 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-BATS-2011-009. 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, 100 F
Street, NE., Washington, DC 20549, 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-
BATS-2011-009 and should be submitted on or before April 22, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-7688 Filed 3-31-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 14, 2006 (Volume 71, Number 30)]
[Notices]
[Page 7817]
[DOCID:fr14fe06-106]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[File No. 1-05084]

Issuer Delisting; Notice of Application of Tasty Baking Company
To Withdraw Its Common Stock, $.50 Par Value, and Common Stock Purchase
Rights From Listing and Registration on the New York Stock Exchange,
Inc.

February 7, 2006.
    On October 19, 2005, Tasty Baking Company, a Pennsylvania
corporation (``Issuer''), filed an application with the Securities and
Exchange Commission (``Commission''), pursuant to Section 12(d) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d)
thereunder,\2\ to withdraw its common stock, $.50 par value, and common
stock purchase rights (collectively ``Securities''), from listing and
registration on the New York Stock Exchange, Inc. (``NYSE'').
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
---------------------------------------------------------------------------

    The Board of Directors (``Board'') of the Issuer approved
resolutions on October 6, 2005 to withdraw the Securities from listing
and registration on the NYSE and to list the Securities on the Nasdaq
National Market (``Nasdaq''). The Board determined that it is in the
best interests of the Issuer to list the Securities on Nasdaq.
    The Issuer stated in its application that it has complied with
NYSE's rules governing an issuer's voluntary withdrawal of a security
from listing and registration by providing NYSE with the required
documents governing the removal of securities from listing and
registration on NYSE.
    The Issuer's application relates solely to the withdrawal of the
Securities from listing on the NYSE and from registration under Section
12(b) of the Act,\3\ and shall not affect its obligation to be
registered under Section 12(g) of the Act.\4\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78l(b).
    \4\ 15 U.S.C. 78l(g).
---------------------------------------------------------------------------

    Any interested person may, on or before March 6, 2006, comment on
the facts bearing upon whether the application has been made in
accordance with the rules of NYSE, and what terms, if any, should be
imposed by the Commission for the protection of investors. All comment
letters may be submitted by either of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/delist.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

the File Number 1-05084 or;

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number 1-05084. This file
number should be included on the subject line if e-mail is used. To
help us 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/delist.shtml).

Comments are also available for public inspection and copying in the
Commission's Public Reference Room. All comments received will be
posted without change; we do not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly.
    The Commission, based on the information submitted to it, will
issue an order granting the application after the date mentioned above,
unless the Commission determines to order a hearing on the matter.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(1).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E6-2012 Filed 2-13-06; 8:45 am]

BILLING CODE 8010-01-P