[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40529-40531]
[FR Doc No: 2013-16090]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69891; File No. SR-BYX-2013-022]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Provide
a Last Sale Data Feed

June 28, 2013.
    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 June 25, 2013, BATS-Y Exchange, Inc. (the ``Exchange'' or
``BYX'') 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. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to make available a new data feed to
data recipients.\5\ 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.
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    \5\ Exchange data recipients include Members of the Exchange as
well as non-Members that have entered into an agreement with the
Exchange that permits them to receive Exchange data.
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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 make available an
additional Exchange data feed for receipt by Exchange data recipients.
The Exchange currently offers all of its various data feeds free of
charge, though the Exchange intends to file a proposal shortly to
commence charging for certain of such feeds. The data feeds currently
offered by the Exchange include: (i) TCP PITCH; (ii) Multicast PITCH;
(iii) TOP; (iv) DROP; (v) Historical Data; and (vi) Latency Monitoring
(collectively, the ``Data Feeds''). The Exchange provides detailed and
up to date technical information regarding each of the Data Feeds
currently offered by the Exchange on its public Web site.\6\ All orders
and executions displayed through the Data Feeds are anonymous and do
not contain the identity of the party that submitted the order.
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    \6\ http://www.batstrading.com/support/.
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    The Exchange is proposing to amend Rule 11.22 in order to begin
offering a new feed, the Last Sale Feed, to Members and non-members.
The Last Sale Feed will be a direct data feed product that provides
real-time, intraday trade information, including price, volume and time
of executions. The Last Sale Feed will not include quotation
information.
    Currently, the Exchange provides real-time last sale information
from its market center to the Security Information Processors
(``SIPs'') for the national market system plans governing trading in
NYSE listed securities (``Tape A securities''), NASDAQ listed
securities (``Tape C securities''), and securities listed on exchanges
other than NYSE or NASDAQ (``Tape B securities''). The SIPs then
consolidate the Exchange's last sale information with similar
information from other market centers, and disseminate the consolidated
last sale data to market participants, including market data vendors.
The Last Sale Feed will include last sale information regarding all
Tape A securities, Tape B securities and Tape C securities with respect
to activity occurring solely on the Exchange.
    Various data recipients may wish to subscribe to and use the Last
Sale Feed. For instance, data recipients that provide real-time market
information on public Web sites or offer dynamic stock tickers,
portfolio trackers, price/time graphs and other visual systems can use
the Last Sale Feed in lieu of using the Exchange's existing Data Feeds.
Data recipients may prefer the BATS Last Sale Feed because the
Exchange's existing Data Feeds contain a significant amount of
additional information that the data recipients may not need, which may
result in unnecessary technology costs (e.g., development,
telecommunications or storage costs). The Exchange notes that similar
market-specific last sale data products are offered by other market
centers, including an identical data feed offered by the Exchange's
affiliate, BATS Exchange, Inc. (``BATS BZX'').\7\
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    \7\ See BATS BZX Rule 11.22(g); NASDAQ Stock Market Rule 7039;
NASDAQ OMX BX Rule 7039; see also Securities Exchange Act Release
No. 61112 (December 4, 2009), 74 FR 65569 (December 10, 2009) (File
No. SR-BX-2009-077) (filing of an immediately effective rule related
to introduction of a last sale feed by NASDAQ OMX BX).
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    No market participant is required to subscribe to the Last Sale
Feed because the same last sale prices are available in the Exchange's
other Data Feeds. Market participants can also gain access to BYX last
sale prices that are integrated with the prices that other markets make
available through the SIPs. Indeed, even though the Last Sale Feed may
provide to some participants an efficient alternative to the
consolidated price information that investors and broker-dealers can
receive on a consolidated basis from the SIPs, the Exchange believes
that the information that the Exchange contributes to the consolidated
tape and the increasingly lower latency of the data feeds offered by
the SIPs will continue to satisfy the needs of the vast majority of
individual and professional investors. Although certain data recipients
might supplement their data feeds by adding the Last Sale Feed, it is
unlikely that data recipients or distributors will replace the
consolidated last sale feed provided by the SIPs with the Last Sale
Feed. The Exchange represents that it

will not distribute its last sale feed on a more timely basis than it
makes available the data that is provided to the SIPs for consolidation
and dissemination.
    In addition to offering a Last Sale Feed to market participants as
described above, the Exchange proposes to eliminate reference to a data
feed no longer offered by the Exchange, TCP FAST PITCH. As set forth in
Rule 11.22(b), the Exchange discontinued offering TCP FAST PITCH on
August 1, 2011.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\8\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\9\ in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest, and it is not designed to
permit unfair discrimination among customers, brokers, or dealers.
Specifically, the Exchange believes that this proposal is in keeping
with those principles by promoting increased transparency and
efficiency through the dissemination of BYX data through an additional
feed.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
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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. To the contrary, the proposed
amendment will allow the Exchange to offer a data feed that is similar
to data feeds offered by several of the Exchange's competitors. As
noted above, although certain data recipients might supplement their
data feeds by adding the Last Sale Feed, it is unlikely that data
recipients or distributors will replace the consolidated last sale feed
provided by the SIPs with the Last Sale Feed.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
BYX has satisfied this requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay so that the Exchange may commence offering the Last
Sale Feed at the same time as certain of the Exchange's other Data
Feeds, which are already codified in Rule 11.22, and become subject to
fees, which the Exchange has currently planned for July 1, 2013,
subject to such fees being filed with the Commission. The Exchange
noted that a Last Sale Feed is already available for the Exchange's
affiliate, BATS Exchange, Inc. (``BATS BZX''), and stated that it
believes it will help to avoid confusion and is therefore in the public
interest if the Exchange is able to offer the Last Sale Feed on the
same terms as of July 1, 2013. The Exchange noted that the receipt and
use of the proposed Last Sale Feed is strictly voluntary and that such
feed does not contain information not already made available through
the Exchange' other Data Feeds. The Commission has determined that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest because such waiver will enable BYX
to implement the proposed rule change without undue delay in a manner
consistent with a proposed rule change previously approved by the
Commission.\12\ Therefore, the Commission designates the proposal
operative upon filing.\13\
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    \12\ See Securities Exchange Act Release No. 61885 (April 9,
2010), 75 FR 20018 (April 16, 2010) (order approving the offering of
BATS BZX's Last Sale Feed).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BYX-2013-022 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-BYX-2013-022. 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 BYX. 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-BYX-2013-022 and should be
submitted on or before July 26, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-16090 Filed 7-3-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Page 54951]
[FR Doc No: 2013-21690]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0065]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by documents dated
June 11, 2013, and August 12, 2013, Tavares, Eustis & Gulf Railroad
(TEVR) has petitioned the Federal Railroad Administration (FRA) for a
waiver of compliance from certain provisions of the Federal railroad
safety regulations contained at 49 CFR Part 215-Railroad Freight Car
Safety Standards. FRA assigned the petition Docket Number FRA-2013-
0065.
    TEVR seeks relief from 49 CFR 215.303-Stenciling of restricted
cars, which requires that restricted railroad freight cars shall be
stenciled or marked in clearly legible letters with the letter ``R''
and a series of designated terms to completely indicate the basis for
the restricted operation of the car.
    The petition concerns one caboose, numbered RERX 5404, and four
freight cars: RERX 101, 213, 504 and 702. The freight cars are railroad
flatcars converted to passenger carriage cars for tourist and excursion
railroad service by the addition of seating, superstructures, and
steps. Each of the TEVR freight cars in the present petition is more
than 50 years old, measured from the date of original construction.
These freight cars are the subject of a parallel petition for Special
Approval for continued operation under 49 CFR 215.203(c). Therefore,
TEVR seeks waiver of the requirement for stenciling found in 49 CFR
215.303, as the railroad states that the stenciling would detract from
both the aesthetic and historical nature of the reproduction vintage
railcar equipment. As TEVR passenger equipment will operate in a
limited area, TEVR requests permission to keep documentation related to
the restricted status of the equipment at their business office,
similar to the conditions granted to other tourist and excursion
railroads.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by October 21, 2013 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

Issued in Washington, DC.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-21690 Filed 9-5-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: June 15, 2006 (Volume 71, Number 115)]
[Notices]
[Page 34651-34652]
[DOCID:fr15jn06-65]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53954; File No. SR-ISE-2006-29]

Self-Regulatory Organization; International Securities Exchange,
Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fee Waiver Extensions

June 7, 2006.
    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 May 26, 2006, the International Securities Exchange, Inc. (``ISE''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the ISE. The ISE has
designated this proposal as one establishing or changing a due, fee, or
other charge imposed by a self-regulatory organization pursuant to
section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE proposes to amend its Schedule of Fees to extend two fee
waivers. The text of the proposed rule change is available at the
Exchange, at the Exchange's Web site (http://www.iseoptions.com/legal/proposed_rule_changes.asp
) 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 ISE included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposal. The text of these
statements may be examined at the places specified in item IV below.
The Exchange has prepared summaries, set forth in Section 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 this proposed rule change is to extend two fee
waivers. First the Exchange currently waives most customer transaction
fees, with such waiver scheduled to expire on June 30, 2006.\5\ To
remain competitive in the market place, the Exchange proposes to extend
this waiver through June 30, 2007.
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    \5\ See Exchange Act Release No. 34-51775 (June 2, 2005), 70 FR
33569 (June 8, 2005).
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    Second, the Exchange proposes to extend a fee waiver regarding its
``CLICK terminal,'' which is the front-end order-entry terminal we
provide to members. Currently, the Exchange waives software license and
maintenance fees, as well as Session/API fees (based on member log-
ins), for a member's second and subsequent CLICK terminals. This waiver
also is scheduled to expire on June 30, 2006.\6\ The Exchange believes
that this waiver program encourages firms to install and use multiple
CLICKs and the Exchange proposes to extend this waiver for an
additional year. The Exchange recently rolled out a new front-end
order-entry terminal, PrecISE Trade, which will eventually replace all
existing CLICK terminals.\7\ Once all of the CLICK terminals are
phased-out, the ISE will submit a proposed rule change to remove CLICK
fees from its fee schedule.
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    \6\ See id.
    \7\ See Exchange Act Release No. 34-53788 (May 11, 2006), 71 FR
28728 (May 17, 2006).
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2. Statutory Basis
    The Exchange states that the basis under the Act for this proposed
rule change is the requirement under section 6(b)(4) \8\ that an
exchange have an equitable allocation of reasonable dues, fees and
other charges among its members and other persons using its facilities.
In particular, these fees would extend current waivers, thus
effectively maintaining low fees.
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    \8\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange states that the proposed rule change would 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 proposed rule change has become effective pursuant to
section

19(b)(3)(A)(ii) of the Act,\9\ and paragraph (f)(2) of Rule 19b-4
thereunder \10\ because it establishes or changes a due, fee, or other
charge among its members. At any time within 60 days of the filing of
the proposed rule change, the Commission may summarily abrogate such
rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-ISE-2006-29 on the subject line.

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 SR-ISE-2006-29. 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 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 inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the ISE.
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-ISE-2006-29
and should be submitted on or before July 6, 2006.

    For the Commission, by the Division of Market Regulations,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 06-5420 Filed 6-14-06; 8:45 am]

BILLING CODE 8010-01-M


[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Page 21229]
[FR Doc No: 2015-08878]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 8221-094]

Alaska Energy Authority; Notice of Application Accepted for
Filing, Ready for Environmental Analysis, Soliciting Comments, Motions
To Intervene, Protests, Recommendations, Terms and Conditions, and
Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Amendment of License.
    b. Project No.: 8221-094.
    c. Date Filed: March 12, 2015.
    d. Applicant: Alaska Energy Authority.
    e. Name of Project: Bradley Lake Hydroelectric Project.
    f. Location: The project is located on the Bradley River in Kenai
Peninsula Borough, Alaska. The project occupies federal lands
administered by the Bureau of Land Management.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Ms. Sara Fisher-Goad, Executive Director, 813
West Northern Lights Blvd., Anchorage, AK 99503,<PHONE_NUMBER>.
    i. FERC Contact: Mr. Steven Sachs<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, terms and conditions, and fishway prescriptions is 60
days from the issuance date of this notice by the Commission; reply
comments are due 105 days from the issuance date of this notice by the
Commission. The Commission strongly encourages electronic filing.
Please file any motion to intervene, protest, comments, and/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. The first page of any filing should include
docket number P-8221-094.
    k. Description of Request: The applicant proposes to construct a
new 16-foot-high, 60-foot-wide diversion dam located on the West Fork
Upper Battle Creek, 6.1 miles upstream of the mouth of Battle Creek.
The diversion dam would feed a 6-foot-diameter, 9,100-foot-long
underground steel pipe emptying into a rip-rap stilling basin. Water
would then travel through a 1,000 foot-long canal to a natural stream
channel draining to Bradley Lake, the main reservoir for the project.
The applicant also proposes to construct 2.9 miles of new access roads
for construction and maintenance of the new facilities. The proposal
would not change the authorized installed capacity of the project;
however, it is expected to increase the average annual generation by
37,000 megawatt-hours. Most of the new facilities would be constructed
on lands owned by the State of Alaska though some would be constructed
on federal land already occupied by the project and administered by the
Bureau of Land Management.
    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/efiling.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: All filings must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'',
``MOTION TO INTERVENE'', ``TERMS AND CONDITIONS'' or ``FISHWAY
PRESCRIPTIONS'' 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 amendment. 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: April 13, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-08878 Filed 4-16-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48744-48746]
[FR Doc No: 2013-19255]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70108; File No. SR-NASDAQ-2013-101]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Amending Chapter IV, Section 6 To Permit the Exchange To List
Additional Strike Prices Until the Close of Trading on the Second
Business Day Prior to Monthly Expiration

August 5, 2013.
    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 26, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') 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. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ is filing with the Commission a proposal to amend Chapter
IV, Section 6 (Series of Options Contracts Open for Trading) of the
rules of the NASDAQ Options Market (``NOM'') to permit the Exchange to
list additional strike prices until the close of trading on the second
business day prior to the expiration of a monthly, or standard, option
in the event of unusual market conditions.
    The text of the proposed rule change is attached as Exhibit 5.\3\
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    \3\ The Commission notes that Exhibit 5 is attached to the
filing, not to this Notice.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, NASDAQ 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. NASDAQ 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 this proposed rule change is to amend Chapter IV,
Section 6 to permit the Exchange to add additional strikes until the
close of trading on the second business day prior to a monthly
expiration in the event of unusual market conditions.
    This is a competitive filing that is based on two recently approved
and two immediately effective filings.\4\ The approved NYSE MKT and
NYSE Arca filings made changes to their respective rules governing the
last day on which strikes may be added for individual stock and
exchange traded fund (``ETF'') options. Similar to current Chapter IV,
Section 6(c), the exchanges had rules that permitted the opening of
additional series of individual stock and ETF options until the
beginning of the month in which the option contract will expire or
until the fifth business day prior to expiration if unusual market
conditions exist. The exchanges amended their rules to permit the
opening of additional series of individual stocks and ETF options until
the close of trading on the second business day prior to the expiration
of a monthly, or standard, option in the event of unusual market
conditions. The Exchange is now proposing to amend its rules in respect
of equity and ETF options to permit the opening of additional strike
prices until the close of trading on the second business day prior to
the expiration of a standard (monthly) option.
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    \4\ See Securities Exchange Act Release Nos. 68460 (December 18,
2012), 77 FR 76145 (December 26, 2012) (SR-NYSEMKT-2012-41)
(approval order) (``NYSE MKT filing''); 68461 (December 18, 2012),
77 FR 76155 (December 26, 2012) (SR-NYSEArca-2012-94) (approval
order) (``NYSE Arca filing''); 68606 (January 9, 2013), 78 FR 3065
(January 15, 2013) (SR-CBOE-2012-131) (notice of filing and
immediate effectiveness) (``CBOE filing''); and 69920 (July 2,
2013), 78 FR 41176 (July 9, 2013) (SR-Phlx-2013-73) (notice of
filing and immediate effectiveness) (``Phlx filing'') (together
``the exchanges'' and ``the filings'').
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    Options market participants generally prefer to focus their trading
in strike prices that immediately surround the price of the underlying
security. However, if the price of the underlying stock or ETF moves
significantly, there may be a market need for additional strike prices
to adequately account for market participants' risk management needs in
a stock or ETF. In these situations, the Exchange has the ability to
add additional series at strike prices that are better tailored to the
risk management needs of market

participants. The Exchange may make the determination to open
additional series for trading when the Exchange deems it necessary to
maintain an orderly market, to meet customer demand, or when the market
price of the underlying stock or ETF moves more than five strike prices
from the initial exercise price or prices.\5\
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    \5\ See Chapter IV, Section 6(c).
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    If the market need occurs prior to five business days prior to
expiration, then the market participants may have access to an option
contract that is more tailored to the movement in the underlying stock
or ETF. Under current Section 6 of Chapter IV, however, the Exchange is
unable to open additional series in response to unusual market
conditions that occur between five and two days prior to expiration and
market participants may be left without a contract that is tailored to
manage their risk. Because of the current five days before expiration
restriction, investors may be unable to tailor their hedging activities
in options and effectively manage their risk going into expiration.
    The Exchange proposes to permit the listing of additional strikes
until the close of trading on the second business day prior to
expiration in unusual market conditions. Since expiration of standard
options on individual stocks and ETFs is on a Saturday, the close of
trading on the second business day prior to expiration will typically
fall on a Thursday. However, in cases where Friday is a holiday during
which the Exchange is closed, the close of trading on the second
business day will occur on a Wednesday. The Exchange will continue to
make the determination to open additional series for trading when the
Exchange deems it necessary to maintain an orderly market, to meet
customer demand, or when certain price movements take place in the
underlying market. The proposed change will provide an additional four
days to the Exchange to gauge market impact of the underlying stock or
ETF and to react to any market conditions that would render additional
series prior to expiration beneficial to market participants. The
Exchange believes that the impact on the market from the proposed
change will be very minimal to market participants; however, it will be
extremely beneficial when unusual market conditions occur during the
five to two days leading up to expiration. As a result, the proposal
would allow participants to adjust their risk exposure when an unusual
market event occurred on trading days 2, 3, 4, or 5 prior to
expiration.
    This proposal does not raise any capacity concerns on the Exchange,
because the changes have no material difference in impact from the
current rules. The Exchange notes the proposed change allows for new
strikes that would otherwise be permitted to add under existing rules
either on the fifth day prior or immediately after expiration.\6\ A
strike which opens two days prior to expiration will have minimal
impact on quoting, as it adds two series out of hundreds of thousands,
and only for a small number of days.\7\ Thus, any additional strikes
that may be added under the proposed change would have no measurable
effect on systems capacity. The Exchange understands that The Options
Clearing Corporation (``OCC'') is able to accommodate the proposal and
would have no operational concerns with adding new series on any day
except the last day of trading an expiring series.

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    \6\ Any new strikes added under this proposal for options on
equities or ETFs would be added in a manner consistent with the
range limitations described in Supplementary Material .06 to Section
6 of Chapter IV.
    \7\ In the case of a multi-stock event where multiple stocks may
be subject to unusual market conditions, a strike which opens two
days prior to expiration will also have minimal impact on quoting,
as it adds two series per stock out of hundreds of thousands, and
only for a small number of days.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder, including the
requirements of Section 6(b) of the Act.\8\ In particular, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) \9\ requirements that the rules of an exchange be designed to
promote just and equitable principles of trade, to prevent fraudulent
and manipulative acts, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, to protect investors and
the public interest.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that providing an additional four days to the
Exchange to gauge market impact and to react to any market conditions
prior to expiration is beneficial and will result in a continuing
benefit to investors by giving them more flexibility to closely tailor
their investment and hedging decisions prior to expiration. The
Exchange also believes that the additional four days will provide the
investing public and other market participants with additional
opportunities to hedge their investments thus allowing these investors
to better manage their risk exposure with additional in the money
series. While the four additional days may generate additional quote
traffic, the Exchange does not believe that this increased traffic will
become unmanageable since the proposal remains limited to the narrow
situations when an unusual market event occurred on trading days 2, 3,
4, or 5 prior to expiration. The Exchange also believes that the
proposed rule change will ensure competition because the Exchange will
be able to list additional equity and ETF series up to the second day
before expiration in the same manner that NYSE MKT, NYSE Arca, Phlx,
and CBOE are currently able to do.

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

    This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. In this regard and as indicated above, the Exchange notes that
the rule change is being proposed as a competitive response to recently
approved NYSE MKT and NYSE Arca filings, and immediately effective Phlx
and CBOE filings. The Exchange believes this proposed rule change is
necessary to permit fair competition among the options exchanges.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.

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

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest in that it will allow the Exchange to open additional
series of individual stocks and ETF options until the close of trading
on the second business day prior to a monthly expiration in unusual
market conditions in the same manner as NYSE MKT, NYSE Arca, CBOE, and
Phlx. In sum, the proposed rule change presents no novel issues, and
waiver will allow the Exchange to remain competitive with other
exchanges. Therefore, the Commission designates the proposal operative
upon filing.\12\
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    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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 under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \13\ 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 Number SR-NASDAQ-2013-101 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-NASDAQ-2013-101. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2013-101 and should
be submitted on or before August 30, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-19255 Filed 8-8-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Page 70467]
[FR Doc No: 2011-29224]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4028-DR; Docket ID FEMA-2011-0001]

Massachusetts; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Massachusetts (FEMA-4028-DR), dated September
3, 2011, and related determinations.

DATES: Effective Date: October 20, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Massachusetts is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of September 3, 2011.

    Barnstable, Bristol, Dukes, Norfolk, and Plymouth Counties for
Public Assistance, including direct Federal assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-29224 Filed 11-10-11; 8:45 am]
BILLING CODE 9111-23-P