[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Pages 19129-19131]
[FR Doc No: 2014-07638]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71841; File No. SR-BX-2014-015]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Impose an
Extranet Access Fee

April 1, 2014.
    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 March 28, 2014, NASDAQ OMX BX, Inc. (``BX'' 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.
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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 the
Substance of the Proposed Rule Change

    The Exchange proposes to modify the extranet access fee (``Extranet
Access Fee'') set forth in BX Rule 7025. BX will implement the proposed
revised fee on April 1, 2014.

    The text of the proposed rule change is below. Proposed new
language is italicized; proposed deletions are bracketed.\3\
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    \3\ Changes are marked to the rules of NASDAQ OMX BX, Inc. found
at http://nasdaqomxbx.cchwallstreet.com
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* * * * *

7025. Extranet Access Fee

    Extranet providers that establish a connection with the Exchange
to offer direct access connectivity to market data feeds shall [not]
be assessed a monthly access fee of $750 per client organization
Customer Premises Equipment (``CPE'') Configuration. For purposes of
this Rule 7025, the term ``Customer Premises Equipment
Configuration'' shall mean any line, circuit, router package, or
other technical configuration used by an extranet provider to
provide a direct access connection to the Exchange market data feeds
to a recipient's site. No extranet access fee will be charged for
connectivity to market data feeds containing only consolidated data.
For purposes of this rule, consolidated data includes data
disseminated by the UTP SIP.
* * * * *

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 Exchange is proposing to impose an Extranet Access Fee as set
forth in BX Rule 7025. BX Rule 7025 currently does not include a
monthly access fee per recipient Customer Premises Equipment (``CPE'')
Configuration.\4\ Specifically, the Exchange proposes to charge a $750
per recipient CPE Configuration per month.
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    \4\ See Securities Exchange Act Release No. 71506 (February 7,
2014), 79 FR 8769 (February 13, 2014) (SR-BX-2014-008). As defined
in BX Rule 7025, a ``Customer Premises Equipment Configuration''
means any line, circuit, router package, or other technical
configuration used by an extranet provider to provide a direct
access connection to the Exchange market data feeds to a recipient's
site.
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    As discussed in a recent filing,\5\ initially an Extranet Access
Fee of $750 per recipient CPE Configuration per month was put in place
in 2009,\6\ but the service was provided for free during the first year
of operation of the Exchange's venue for trading cash equities. At the
end of the one-year period, the initial fee of $750 per recipient CPE
Configuration per month remained in place, but it inadvertently was
never billed.
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    \5\ See Securities Exchange Act Release No. 71506 (February 7,
2014), 79 FR 8769 (February 13, 2014) (SR-BX-2014-008). See also
Securities Exchange Act Release No. 59615 (March 20, 2009), 74 FR
14604 (March 31, 2009) (SR-BX-2009-005).
    \6\ See Securities Exchange Act Release No. 59615 (March 20,
2009), 74 FR 14604 (March 31, 2009) (SR-BX-2009-005).
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    Subsequently, the Exchange filed to increase the fee of $750 per
recipient CPE Configuration per month to $1,000.\7\ Shortly after
increasing the fee, the Exchange discovered that the Extranet Access
Fee had never been billed so the Exchange determined to file and to
eliminate the fee [sic]. The Exchange believed that since recipients
had yet to actually pay an Extranet Access Fee, it would be burdensome
for recipients to start-off paying $1,000 per recipient CPE
Configuration per month. However, the Exchange has now had the
necessary time to assess the need for the Extranet Access Fee and
determined that it cannot completely absorb its costs associated with
maintaining multiple extranet connections with multiple providers.
Accordingly, the Exchange now seeks to charge recipients the fee
originally proposed in 2009 of $750 per recipient CPE Configuration per
month.
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    \7\ See supra note 3.
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    As stated above, this fee increase will be used to help support the
Exchange's costs associated with maintaining multiple extranet
connections with multiple providers. These costs include those
associated with overhead and technology infrastructure, administrative,
maintenance and operational costs. Since the inception of accessing
data through extranets, there had been numerous network infrastructure
improvements and administrative controls enacted. The Exchange has
additionally implemented compressed TCP/IP options, which allows
customers to use reduced bandwidth and [sic] lower carrying costs.
Additionally, the Exchange has implemented automated retransmission
facilities for most of its data clients that benefit extranet clients
by reducing operational costs associated with retransmissions.
    As the number of extranets has increased, the Exchange's management
of the downstream customers has expanded and the Exchange has had to
ensure appropriate reporting and review processes, which has resulted
in a greater cost burden on the Exchange over time. The fee will also
help to ensure that the Exchange is better able to closely review
reports and uncover reporting errors via audits thus minimizing
reporting issues. The network infrastructure has increased in order to
keep pace with the increased number of products, which, in turn, has
caused an increased administrative burden and higher operational costs
associated with delivery via extranets.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and with Section 6(b)(4)
of the Act,\9\ in particular, in that it provides for the equitable
allocation of reasonable dues, fees and other charges among members and
issuers and other persons using any facility or system which the
Exchange operates or controls.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
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    All similarly situated extranet providers, including the Exchange
operating its own extranet, that establish an extranet connection with
the Exchange to access market data feeds from the Exchange are subject
to the same fee structure. As noted above, this fee is the same as the
originally proposed Extranet Access Fee in 2009 of $750 per recipient
CPE Configuration per month. The fee will help the Exchange offset some
of the overhead and technology infrastructure, administrative,
maintenance and operational costs it incurs in support of the service.
    As such, the Exchange believes that the proposed fee is reasonable
and notes it is the same as originally proposed in 2009. The extranet
costs are separate and different from the colocation facility that is
able to recoup these fees by charging for servers, rack space,
electricity, etc. within the associated data centers.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
    The fee will be applied uniformly among extranet providers, which
are not compelled to establish a connection

with the Exchange to offer access connectivity to market data feeds.
For these reasons, any burden arising from the fees is necessary in the
interest of promoting the equitable allocation of a reasonable fee.
Additionally, firms make decisions on how much and what types of data
to consume on the basis of the total cost of interacting with the
Exchange or other exchanges and, of course, the extranet access fee is
but one factor in a total platform analysis.

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.\10\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2014-015 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-BX-2014-015. 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-BX-2014-015 and
should be submitted on or before April 28, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-07638 Filed 4-4-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 13, 2010 (Volume 75, Number 8)]
[Notices]
[Page 1770-1772]
[DOCID:fr13ja10-52]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9102-5]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed consent decree, to address a lawsuit filed by WildEarth
Guardians in the United States District Court for the District of
Colorado: WildEarth Guardians v. Jackson, No. 09-cv-01964-MSK-MEH (D.
Colo.). Plaintiff filed a deadline suit

to compel the Administrator to respond to an administrative petition
seeking EPA's objection to a CAA Title V operating permit issued by the
Colorado Department of Public Health and Environment, Air Pollution
Division, to the Public Service of Colorado to operate the Hayden
Station power plant near Hayden, Colorado. Under the terms of the
proposed consent decree, EPA has agreed to respond to the petition by
March 25, 2010, or within 20 days of the entry date of this Consent
Decree, whichever is later.

DATES: Written comments on the proposed consent decree must be received
by February 12, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0007, online at http://www.regulations.gov (EPA's preferred
method); by e-mail to<EMAIL_ADDRESS>mailed to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Amy Branning, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit alleging that
the Administrator failed to perform a nondiscretionary duty to grant or
deny, within 60 days of submission, an administrative petition to
object to a CAA Title V permit issued by the Colorado Department of
Public Health and Environment, Air Pollution Division, to the Public
Service of Colorado to operate the Hayden Station power plant near
Hayden, Colorado. Under the terms of the proposed consent decree, EPA
has agreed to respond to the petition by March 25, 2010, or within 20
days of the entry date of this Consent Decree, whichever is later. In
addition, the proposed consent decree states that within fifteen (15)
business days following signature of its response EPA shall deliver
notice of such action to the Office of the Federal Register for prompt
publication. The proposed consent decree sets the attorneys' fees at
$3,520.00, and states that, after EPA fulfills its obligations under
the decree, the case shall be dismissed with prejudice.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who were not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn, the terms of the decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How Can I Get a Copy of the Consent Decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2010-0007) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
http://www.regulations.gov. You may use the http://www.regulations.gov
to submit or view public comments, access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Once in the
system, key in the appropriate docket identification number then select
``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://www.regulations.gov without change,
unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute is not included in the official public docket or in the
electronic public docket. EPA's policy is that copyrighted material,
including copyrighted material contained in a public comment, will not
be placed in EPA's electronic public docket but will be available only
in printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and To Whom Do I Submit Comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or
CD-ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the http://www.regulations.gov Web site to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through http://
www.regulations.gov,

your e-mail address is automatically captured and included as part of
the comment that is placed in the official public docket, and made
available in EPA's electronic public docket.

    Dated: January 7, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-483 Filed 1-12-10; 8:45 am]
BILLING CODE 6560-50-P