[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Notices]
[Pages 23963-23965]
[FR Doc No: 2013-09525]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69388; File No. SR-NYSEMKT-2013-34]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending the Members'
Schedule of NYSE Amex Options LLC (the ``Company'') in Order To Reflect
Changes to the Capital Structure of the Company

April 17, 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 April 9, 2013, NYSE MKT LLC (``NYSE MKT'' 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

    The Exchange proposes to amend the Members' Schedule (as defined in
the Limited Liability Company Agreement of NYSE Amex Options LLC (the
``Company'') dated as of June 29, 2011 (the ``LLC Agreement'')) in
order to reflect changes to the capital structure of the Company based
on two transactions (such amendment, the ``Proposed Rule Change''). The
first transaction involved the issuance of Annual Incentive Shares (as
defined in the Members Agreement) to the Founding Firms (as defined
below) pursuant to Section 2.1 of that certain Members Agreement, dated
as of June 29, 2011, by and among the Company, NYSE MKT, NYSE Euronext,
Banc of America Strategic Investments Corporation (``BAML''), Barclays
Electronic Commerce Holdings Inc. (``Barclays''), Citadel Securities
LLC (``Citadel''), Citigroup Financial Strategies, Inc.
(``Citigroup''), Goldman, Sachs & Co. (``Goldman Sachs''), Datek Online
Management Corp. (``TD Ameritrade'') and UBS Americas Inc. (``UBS'')
(collectively, excluding the Company, NYSE MKT and NYSE Euronext, the
``Founding Firms'') (the ``Members Agreement''). The second transaction
will involve the transfer of Interests (as defined in the LLC
Agreement) by the Founding Firms to NYSE Market (DE), Inc. (``NYSE
Market''), an affiliate of the Exchange, as soon as reasonably
practicable following April 2, 2013 pursuant to Article XI of the LLC
Agreement and Section 3.1 of the Members Agreement. The text of the
proposed rule change is available on the Exchange's Web site at
www.nyse.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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 proposes to amend the Members' Schedule as set forth
herein. The amendment reflects changes to the capital structure of the
Company due to (i) the issuance of Annual Incentive Shares to the
Founding Firms effective February 28, 2013 pursuant to Section 2.1 of
the Members Agreement and (ii) the transfer of Interests by the
Founding Firms to NYSE Market as soon as reasonably practicable
following April 2, 2013 pursuant to Article XI of the LLC Agreement and
Section 3.1 of the Members Agreement.
Issuance of Annual Incentive Shares
    Pursuant to Section 2.1 of the Members Agreement, each year (until
2015, unless extended by the Board) the Company must issue a number of
Class B Common Interests (as defined in the LLC Agreement) equal to
thirty percent (30%) of the then-outstanding Class B Common Interests
as Annual Incentive Shares. These Annual Incentive Shares are allocated
among the Members (as defined in the LLC Agreement) holding Class B
Common Interests (such Members, the ``Class B Members'') based on each
Class B Member's contribution to the volume of the Exchange relative to
such Class B Member's Individual Target (as defined in the Members
Agreement). The Annual Incentive Shares may change the relative
economic and voting rights among the Class B Members but have no effect
on the relative economic and voting rights as between Members holding
Class A Common Interests (as defined in the LLC Agreement) and Class B
Members.
    Effective February 28, 2013, the Company issued 16.4736 Annual
Incentive Shares in the aggregate to the Founding Firms (the ``Issuance
of Annual Incentive Shares''). Because each Founding Firm achieved or
exceeded its Individual Target, the Issuance of Annual Incentive Shares
did not result in any change to any Member's economic or voting
interest in the Company. The Exchange proposes to amend the Members'
Schedule as set forth in Exhibit 5A attached hereto \3\ (marked against
the Members' Schedule in effect prior to such issuance) to

reflect the Issuance of Annual Incentive Shares.
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    \3\ The Commission notes that Exhibit 5A is attached to the
filing, not to this Notice.
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Founding Firm Transfer
    Pursuant to Article XI of the LLC Agreement and Section 3.1 of the
Members Agreement, a Member may transfer Interests to a third party or
to another Member in accordance with the conditions and limitations set
forth therein. The Exchange is filing this Proposed Rule Change, in
part, to provide notice that the Founding Firms collectively intend to
transfer an aggregate equity interest of 10.4000% in the Company to
NYSE Market, an affiliate of the Exchange (the ``Founding Firm
Transfer''). Upon consummation of the Founding Firm Transfer and the
acquisition by NYSE Market of the Class B Common Interests transferred
by the Founding Firms, such Class B Common Interests will automatically
convert into an appropriate number of Class A Common Interests.
    Immediately following the Founding Firm Transfer, NYSE MKT will own
an equity interest of 47.2000% in the Company, NYSE Market will own an
equity interest of 20.9600%, and the Founding Firms, collectively, will
own the remaining equity interest of 31.8400%. The Exchange proposes,
upon consummation of the Founding Firm Transfer, to amend the Members'
Schedule as set forth in Exhibit 5B attached hereto \4\ (marked against
the Members' Schedule following the Issuance of Annual Incentive
Shares) to reflect the Founding Firm Transfer.
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    \4\ The Commission notes that Exhibit 5B is attached to the
filing, not to this Notice.
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2. Statutory Basis
    The Proposed Rule Change is consistent with Section 6(b) \5\ of the
Securities Exchange Act,\6\ as amended (the ``Act''), in general, and
furthers the objectives of Section 6(b)(1) \7\ of the Act, which
requires a national securities exchange to be so organized and have the
capacity to carry out the purposes of the Act and to comply, and to
enforce compliance by its members and persons associated with its
members, with the provisions of the Act, the rules and regulations
promulgated thereunder and the rules of the Exchange. The Proposed Rule
Change does not modify the Company's trading or compliance rules and
preserves the existing mechanisms for ensuring the Exchange's and the
Company's compliance with the Act, the rules and regulations
promulgated thereunder and the rules of the Exchange. The Proposed Rule
Change also preserves the structure of the joint venture which retains
NYSE MKT's regulatory control over the Company and the provisions
specifically designed to ensure the independence of its self-regulatory
function and to ensure that any regulatory determinations by NYSE MKT,
as the Company's SRO, are controlling with respect to the actions and
decisions of the Company.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78.
    \7\ 15 U.S.C. 78f(b)(1).
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    Additionally, the Proposed Rule Change continues to require the
Company, its Members and its directors to comply with the federal
securities laws and the rules and regulations promulgated thereunder
and to engage in conduct that fosters and does not interfere with the
Exchange's or the Company's ability to carry out its respective
responsibilities under the Act.
    The Proposed Rule Change is also consistent with, and furthers the
objectives of, Section 6(b)(5) \8\ of the Act, in that it preserves all
of NYSE MKT's existing rules and mechanisms 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 mechanisms of 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)(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
have any impact on competition. The Proposed Rule Change solely relates
to changes in the relative equity interests among existing Members of
the Company pursuant to provisions of the LLC Agreement and Members
Agreement that have been previously filed and approved by the
Commission. In addition, neither the Issuance of Annual Incentive
Shares nor the Founding Firm Transfer implicates the Commission's
policies with respect to permissible ownership. Furthermore, because
the Proposed Rule Change does not affect the availability or pricing of
any goods or services, the Proposed Rule Change will not affect
competition either between the Exchange and others that provide the
same goods and services as the Exchange or among market participants.

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

    No written comments were solicited or received with respect to the
Proposed Rule Change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
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.
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    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange stated that
an immediate operative date is necessary to permit the efficient
consummation of both the Issuance of Annual Incentive Shares and the
Founding Firm Transfer. According to the Exchange, accomplishing the
Founding Firm Transfer requires that the Members have certainty as to
the amount of Common Interests owned by each, which in turn requires
timely consummation of the Issuance of Annual Incentive Shares. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because such waiver

would allow the Company to consummate the transactions described in the
filing in an efficient and predictable manner. Accordingly, the
Commission hereby grants the Exchange's request and designates the
proposal operative upon filing. \13\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \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 such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-NYSEMKT-2013-34 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-NYSEMKT-2013-34. 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 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 publicly available. All
submissions should refer to File Number SR-NYSEMKT-2013-34 and should
be submitted on or before May 14, 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. 2013-09525 Filed 4-22-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Notices]
[Page 75223]
[FR Doc No: 2012-30665]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Spencer Pharmaceutical Inc.; Order of Suspension of Trading

December 17, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Spencer Pharmaceutical Inc. (``Spencer'') because of questions
regarding the accuracy of publicly disseminated information,
concerning, among other things: (1) The company's current financial
condition; and (2) statements made by Spencer in press releases
concerning, among other things, an unsolicited buyout offer of Spencer
by a foreign company.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company, and any equity securities of any entity
purporting to succeed to this issuer, is suspended for the period from
9:30 a.m. EST on Monday, December 17, 2012, through 11:59 p.m. EST on
Monday, December 31, 2012.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-30665 Filed 12-17-12; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Notices]
[Pages 59023-59025]
[FR Doc No: 2016-20451]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78634; File No. SR-NASDAQ-2016-113]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the Exchange's Options Pricing

August 22, 2016.
    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 August 9, 2016, 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.
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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

    The Exchange proposes to amend chapter XV, entitled ``Options
Pricing,'' at section 2, which governs pricing for Exchange members
using the NASDAQ Options Market LLC (``NOM''), the Exchange's facility
for executing and routing standardized equity and index options. The
Exchange proposes to amend certain Penny Pilot Options \3\ pricing.
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    \3\ The Penny Pilot was established in March 2008 and was last
extended in 2016. See Securities Exchange Act Release Nos. 57579
(March 28, 2008), 73 FR 18587 (April 4, 2008) (SR-NASDAQ-2008-026)
(notice of filing and immediate effectiveness establishing Penny
Pilot); and 78037 (June 10, 2016), 81 FR 39299 (June 16, 2016) (SR-
NASDAQ-2016-052) (notice of filing and immediate effectiveness
extending the Penny Pilot through December 31, 2016). All Penny
Pilot Options listed on the Exchange can be found at http://www.nasdaqtrader.com/MicroNews.aspx?id=OTA2016-15.
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    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 Exchange proposes to amend NOM pricing at chapter XV, section
2(1) to increase the Customer \4\ or Professional \5\ Penny Pilot
Options Fee for Removing Liquidity in SPY Options.\6\ The proposed
change is discussed below.
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    \4\ The term ``Customer'' or (``C'') applies to any transaction
that is identified by a Participant for clearing in the Customer
range at The Options Clearing Corporation which is not for the
account of broker or dealer or for the account of a ``Professional''
(as that term is defined in Chapter I, Section 1(a)(48)).
    \5\ The term ``Professional'' or (``P'') means any person or
entity that (i) is not a broker or dealer in securities, and (ii)
places more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s) pursuant
to Chapter I, Section 1(a)(48). All Professional orders shall be
appropriately marked by Participants.
    \6\ Options overlying Standard and Poor's Depositary Receipts/
SPDRs (``SPY'') are based on the SPDR exchange-traded fund
(``ETF''), which is designed to track the performance of the S&P 500
Index.
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Change 1--Penny Pilot Options: Change Fee for Removing Customer and
Professional Liquidity in SPY Options

    The Exchange currently assesses Customers, Professionals, Firms,\7\
Non-NOM Market Makers,\8\ NOM Market Makers,\9\ and Broker-Dealers \10\
a $0.50 per contract Penny Pilot Options Fee for Removing Liquidity in
all NOM Penny Pilot Options, except SPY options. Today, the Exchange
assesses a Customer or Professional that removes liquidity in SPY
options a Penny Pilot Options Fee for Removing Liquidity of $0.47 per
contract.\11\ The Exchange proposes to amend note ``3'' of chapter XV,
section 2(1) to increase the Customer or Professional Penny Pilot
Options Fee for Removing Liquidity in SPY options from $0.47 to $0.48
per contract. While the Exchange is proposing to increase this fee, the
Exchange believes that the lower fee, as compared to $0.50 per contract
in other Penny Pilot Options, will continue to incentivize Participants
to send Customer and Professional order flow in SPY.\12\
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    \7\ The term ``Firm'' or (``F'') applies to any transaction that
is identified by a Participant for clearing in the Firm range at The
Options Clearing Corporation.
    \8\ The term ``Non-NOM Market Maker'' or (``O'') is a registered
market maker on another options exchange that is not a NOM Market
Maker. A Non-NOM Market Maker must append the proper Non-NOM Market
Maker designation to orders routed to NOM.
    \9\ The term ``NOM Market Maker'' or (``M'') is a Participant
that has registered as a Market Maker on NOM pursuant to Chapter
VII, Section 2, and must also remain in good standing pursuant to
Chapter VII, Section 4. In order to receive NOM Market Maker pricing
in all securities, the Participant must be registered as a NOM
Market Maker in at least one security.
    \10\ The term ``Broker-Dealer'' or (``B'') applies to any
transaction which is not subject to any of the other transaction
fees applicable within a particular category.
    \11\ Firms, Non-NOM Market Makers, NOM Market Makers and Broker-
Dealers are assessed a $0.50 per contract Penny Pilot Options Fee
for Removing Liquidity in SPY options, similar to other Penny Pilot
Options.
    \12\ SPY options are the largest volume Penny Pilot Options
traded on the Exchange.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with section
6(b) of the Act,\13\ in general, and furthers the objectives of
sections 6(b)(4) and 6(b)(5) of the Act,\14\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among its members and issuers and other persons using its
facilities, and is not designed to permit unfair

discrimination between customers, issuers, brokers, or dealers.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4) and (5).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \15\
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    \15\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
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    Likewise, in NetCoalition v. Securities and Exchange Commission
\16\ (``NetCoalition'') the D.C. Circuit upheld the Commission's use of
a market-based approach in evaluating the fairness of market data fees
against a challenge claiming that Congress mandated a cost-based
approach.\17\ As the court emphasized, the Commission ``intended in
Regulation NMS that `market forces, rather than regulatory
requirements' play a role in determining the market data . . . to be
made available to investors and at what cost.'' \18\
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    \16\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \17\ See NetCoalition, at 534-535.
    \18\ Id. at 537.
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    Further, ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers' . . .'' \19\ Although the court and the
SEC were discussing the cash equities markets, the Exchange believes
that these views apply with equal force to the options markets.
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    \19\ Id. at 539 (quoting Securities Exchange Act Release No.
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008)
(SR-NYSEArca-2006-21)).
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Change 1--Penny Pilot Options: Change Fee for Removing Customer and
Professional Liquidity in SPY Options

    The Exchange's proposal to amend note ``3'' of chapter XV, section
2(1) to increase the Customer or Professional Penny Pilot Options Fee
for Removing Liquidity in SPY from $0.47 to $0.48 per contract is
reasonable because the Customer and Professional Penny Pilot Options
Fee for Removing Liquidity continues to be lower for SPY as compared to
other Penny Pilot Options. The lower fee of $0.48 in SPY, as compared
to $0.50 per contract in other Penny Pilot Options, will continue to
incentivize Participants to send Customer and Professional order flow
in SPY.
    The Exchange's proposal to amend note ``3'' of chapter XV, section
2(1) to increase the Customer or Professional Penny Pilot Options Fee
for Removing Liquidity in SPY options from $0.47 to $0.48 per contract
is equitable and not unfairly discriminatory because the Customer and
Professional Penny Pilot Options Fee for Removing Liquidity continues
to be lower for SPY as compared to other Penny Pilot Options. This
lower fee for these market participants is equitable and not unfairly
discriminatory because Customer liquidity benefits all market
participants by providing more trading opportunities, which attracts
market makers. An increase in the activity of these market participants
in turn facilitates tighter spreads, which may cause an additional
corresponding increase in order flow from other market participants.
The Exchange believes that offering a lower fee to Professionals is
equitable and not unfairly discriminatory because it serves to attract
more liquidity to NOM to the benefit of other market participants. By
offering Professionals, as well as Customers, lower fees, the Exchange
hopes to simply remain competitive with other venues so that it remains
a choice for market participants when posting orders and the result may
be additional Professional order flow for the Exchange, in addition to
increased Customer order flow. Further, the Exchange initially
established Professional pricing in order to ``. . . bring additional
revenue to the Exchange.'' \20\ The Exchange noted in the Professional
Filing that it believes ``. . . that the increased revenue from the
proposal would assist the Exchange to recoup fixed costs.'' \21\ The
Exchange does not believe that providing Professionals with the
opportunity to obtain lower remove fee in SPY, equivalent to that of a
Customer, creates a competitive environment where Professionals would
be necessarily advantaged on NOM as compared to NOM Market Makers,
Firms, Broker-Dealers or Non-NOM Market Makers.
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    \20\ See Securities Exchange Act Release No. 64494 (May 13,
2011), 76 FR 29014 (May 19, 2011) (SR-NASDAQ-2011-066)
(``Professional Filing''). In this filing, the Exchange addressed
the perceived favorable pricing of Professionals who were assessed
fees and paid rebates like a Customer prior to the filing. The
Exchange noted in that filing that a Professional, unlike a retail
Customer, has access to sophisticated trading systems that contain
functionality not available to retail Customers.
    \21\ See Securities Exchange Act Release No. 64494 (May 13,
2011), 76 FR 29014 (May 19, 2011) (SR-NASDAQ-2011-066).
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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. 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.
    The proposed fee changes are competitive and do not impose a burden
on inter-market competition. In sum, if the changes proposed herein are
unattractive to market participants, it is likely that the Exchange
will lose market share as a result. Accordingly, the Exchange 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.

Change 1--Penny Pilot Options: Change Fee for Removing Customer and
Professional Liquidity in SPY Options

    The Exchange's proposal to amend note ``3'' of chapter XV, section
2(1) to increase the Customer or Professional Penny Pilot Options Fee
for Removing Liquidity in SPY options from $0.47 to $0.48 per contract
does not create an undue burden on intra-market competition, rather the
proposal will incentivize market participants to send additional SPY
order flow to NOM, because Participants sending Customer and
Professional order flow will

continued to be charged a lower rate of $0.48 in SPY as compared to
$0.50 per contract in other Penny Pilot Options. Customer liquidity
benefits all market participants by providing more trading
opportunities, which attracts market makers. An increase in the
activity of these market participants in turn facilitates tighter
spreads, which may cause an additional corresponding increase in order
flow from other market participants. The Exchange believes that
offering a lower fee to Professionals does not create an undue burden
on intra-market competition because it serves to attract more liquidity
to NOM to the benefit of other market participants. By offering
Professionals, as well as Customers, lower fees, the Exchange hopes to
simply remain competitive with other venues so that it remains a choice
for market participants when posting orders and the result may be
additional Professional order flow for the Exchange, in addition to
increased Customer order flow. Further, the Exchange initially
established Professional pricing in order to ``. . . bring additional
revenue to the Exchange.'' \22\ The Exchange noted in the Professional
Filing that it believes ``. . . that the increased revenue from the
proposal would assist the Exchange to recoup fixed costs.'' \23\ The
Exchange does not believe that providing Professionals with the
opportunity to obtain lower remove fee in SPY, equivalent to that of a
Customer, creates a competitive environment where Professionals would
be necessarily advantaged on NOM as compared to NOM Market Makers,
Firms, Broker-Dealers or Non-NOM Market Makers.
---------------------------------------------------------------------------

    \22\ See Securities Exchange Act Release No. 64494 (May 13,
2011), 76 FR 29014 (May 19, 2011) (SR-NASDAQ-2011-066)
(``Professional Filing''). In this filing, the Exchange addressed
the perceived favorable pricing of Professionals who were assessed
fees and paid rebates like a Customer prior to the filing. The
Exchange noted in that filing that a Professional, unlike a retail
Customer, has access to sophisticated trading systems that contain
functionality not available to retail Customers.
    \23\ See Securities Exchange Act Release No. 64494 (May 13,
2011), 76 FR 29014 (May 19, 2011) (SR-NASDAQ-2011-066).
---------------------------------------------------------------------------

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.\24\
---------------------------------------------------------------------------

    \24\ 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_ADDRESS>Please include
File Number SR-NASDAQ-2016-113 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-2016-113. 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-2016-113 and should
be submitted on or before September 16, 2016.
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-20451 Filed 8-25-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Notices]
[Pages 21934-21935]
[FR Doc No: 2011-9438]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64296; File No. SR-ISE2011-20]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fees and Rebates for Adding and Removing Liquidity

April 13, 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 April 8, 2011, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission the proposed rule change, as described in Items I, II, and
III below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The ISE is proposing to amend its transaction fees and rebates for
adding and removing liquidity. The text of the proposed rule change is
available on the Exchange's Web site (http://www.ise.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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.

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

1. Purpose
    The Exchange currently assesses a per contract transaction charge
to market participants that add or remove liquidity from the Exchange
(``maker/taker fees'') in 100 options classes (the ``Select
Symbols'').\3\ The purpose of this proposed rule change is to amend the
list of Select Symbols on the Exchange's Schedule of Fees, titled
``Rebates and Fees for Adding and Removing Liquidity in Select
Symbols.'' Specifically, the Exchange proposes to change the symbol
from ``QQQQ'' to ``QQQ'' to reflect the recent change in that exchange-
traded fund's ticker symbol. ``QQQQ'' would continue to be subject to
the Fees and Rebates for Adding and Removing Liquidity on the
Exchange's Schedule of Fees.
---------------------------------------------------------------------------

    \3\ Options classes subject to maker/taker fees are identified
by their ticker symbol on the Exchange's Schedule of Fees.
---------------------------------------------------------------------------

    Additionally, the Exchange proposes to remove Motorala, Inc.
(``MOT'') from the list of Select Symbols on the Exchange's Schedule of
Fees due to a recent corporate action. As a result, MOT is no longer a
valid symbol.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Schedule of
Fees is consistent with Section 6(b) of the Act \4\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \5\ in
particular, in that it is an equitable allocation of reasonable dues,
fees and other charges among Exchange members and other persons using
its facilities. The Exchange believes that updating its Schedule of
Fees to amend the ``QQQQ'' symbol to ``QQQ'' will provide its members
clarity as to which symbols are subject to the Exchange's maker/taker
fees. The Exchange further believes that this proposed rule change is
both equitable and reasonable because the amendments would uniformly
apply to all categories of market participants. The Exchange further
believes that the proposed removal of MOT from the list of Select
Symbols is both equitable and reasonable because the amendment would
uniformly apply to all categories of participants.
---------------------------------------------------------------------------

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

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

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

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\6\ At any time within 60 days of the filing
of such proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).

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

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 No. SR-ISE-2011-20 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2011-20. 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 Commissions 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. Copies of such filing also will
be available for inspection and copying at the principal office of 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-
2011-20 and should be submitted by May 10, 2011.
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-9438 Filed 4-18-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Proposed Rules]
[Page 37374]
[FR Doc No: 2017-16807]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0204; FRL-9965-74-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Revision to Allegheny County Regulations for Open Burning

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve
the state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania. This revision pertains to Allegheny
County's portion of the Pennsylvania SIP for the purpose of updating
the regulation restricting open burning with revised definitions and
new restrictions and with recodified provisions. In the Final Rules
section of this Federal Register, EPA is approving the Commonwealth's
SIP submittal as a direct final rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. If no adverse comments are received in response to
this action, no further activity is contemplated. If EPA receives
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time.

DATES: Comments must be received in writing by September 11, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0204 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the Web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gregory A. Becoat,<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication. A detailed description of the
Commonwealth's SIP submittal for the revision of Allegheny County's
open burning regulations and EPA's evaluation of that SIP is included
in a technical support document (TSD) prepared in support of this
rulemaking action. A copy of the TSD is available, upon request, from
the EPA Regional Office listed in the ADDRESSES section of this
document and is also available electronically within the Docket for
this rulemaking action at www.regulations.gov.

    Dated: July 24, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2017-16807 Filed 8-9-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Rules and Regulations]
[Pages 1122-1124]
[FR Doc No: 2015-33301]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0710; FRL-9941-04-Region 7]

Approval of Nebraska's Air Quality State Implementation Plan
(SIP); Infrastructure SIP Requirements for the 2008 Ozone National
Ambient Air Quality Standard in Regards to Section 110(a)(2)(D)(i)(I)--
Prongs 1 and 2

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve elements of a State Implementation Plan (SIP)
submission from the State of Nebraska addressing the applicable
requirements of Clean Air Act (CAA) section 110 for the 2008 National
Ambient Air Quality Standards (NAAQS) for Ozone (O3). CAA
section 110 requires that each state adopt and submit a SIP to support
implementation, maintenance, and enforcement of each new or revised
NAAQS promulgated by EPA. These SIPs are commonly referred to as
``infrastructure'' SIPs. The infrastructure requirements are designed
to ensure that the structural components of each state's air quality
management program are adequate to meet the state's responsibilities
under the CAA. Specifically, EPA is approving Nebraska's SIP as it
relates to section 110 (a)(2)(D)(i)(I) prongs 1 and 2, for the 2008
O3 NAAQS.

DATES: This final rule is effective on February 10, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2015-0710. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available electronically at
www.regulations.gov and at EPA Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219. Please schedule an appointment during normal
business hours with the contact listed in the FOR FURTHER INFORMATION
CONTACT section. For additional information and general guidance,
please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mr. Gregory Crable, Air Planning and
Development Branch, U.S. Environmental Protection Agency, Region 7,
11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551-
7391; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' or ``our'' refer to EPA. This section provides additional
information by addressing the following:

I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Review

I. Background

    On November 16, 2015 (80 FR 70721), EPA published a notice of
proposed rulemaking (NPR) for the State of Nebraska. The NPR proposed
approval of Nebraska's submission that provides the basic elements
specified in section 110(a)(2) of the CAA, or portions thereof,
necessary to implement, maintain, and enforce the 2008 O3
NAAQS. Specifically, the NPR proposed approval of section 110
(a)(2)(D)(i)(I) prongs 1 and 2, for the 2008 O3 NAAQS.

II. Summary of SIP Revision

    On February 11, 2013, EPA received a SIP submission from the state
of Nebraska that addressed the infrastructure elements specified in
section 110(a)(2) for the 2008 O3 NAAQS. On September 15,
2015 (80 FR 55266) EPA approved the following infrastructure elements,
or portions thereof: 110(a)(2)(A), (B), (C), (D)(i)(II) (prong 3),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) which are necessary
to implement, maintain, and enforce the 2008 O3 NAAQS, as a
revision to the Nebraska SIP, and disapproved section
110(a)(2)(D)(i)(II)- prong 4, as it relates to the protection of
visibility. At that time, EPA did not take action on section
110(a)(2)(D)(i)(I)- prongs 1 and 2. Specific requirements of section
110(a)(2)(D)(i)(I)- prongs 1 and 2 of the CAA and the rationale for
EPA's proposed action to approve these specific provisions of the SIP
submission, not previously acted on, is explained in the NPR and will
not be restated here. The public comment period for the notice of
proposed rulemaking (NPR) closed on December 16, 2015. EPA received no
comments on the NPR.

III. Final Action

    EPA is approving Nebraska's February 11, 2013, submission
addressing the requirements of the CAA sections 110(a)(1) and (2) as
applicable to the 2008 O3 NAAQS. Specifically, EPA approves
section 110(a)(2)(D)(i)(I)--prongs 1 and 2, which are necessary to
implement, maintain, and enforce the 2008 O3 NAAQS, as a
revision to the Nebraska SIP. As EPA noted in the NPR, this final
action fulfills EPA's commitment to take final action as to Nebraska's
SIP submission addressing 110(a)(2)(D)(i)(I), as set forth by the court
in Sierra Club v. McCarthy, 4:14-cv-05091-YGR (N.D. Cal. May 15, 2015).

IV. Statutory and Executive Order Review

    Under the CAA the Administrator is required to approve a SIP
submission

that complies with the provisions of the Act and applicable Federal
regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA's role is to approve state choices, provided that they
meet the criteria of the CAA. Accordingly, this action merely approves
state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 11, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.

    Dated: December 22, 2015.
Mark Hague,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart CC--Nebraska

0
2. In Sec.  52.1420(e), the table is amended by adding entry (31) to
read as follows:

Sec.  52.1420  Identification of Plan.

* * * * *
    (e) * * *

                                                     EPA--Approved Nebraska Nonregulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               State
 Name of nonregulatory SIP provision      Applicable geographic area or      submittal      EPA approval date                   Explanation
                                                nonattainment area              date
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
(31) Section 110(a)(2) Infrastructure  Statewide..........................      2/11/13  1/11/2016 [Insert        [EPA-R07-OAR-2015-0710; 9941-04-Region
 Requirements for the 2008 O3 NAAQS.                                                      Federal Register         7] This action addresses the
                                                                                citation].               following CAA elements:
                                                                                110(a)(2)(D)(i) (I)--Prongs 1 and 2.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-33301 Filed 1-8-16; 8:45 am]
 BILLING CODE 6560-50-P