[Federal Register: February 21, 2007 (Volume 72, Number 34)]
[Notices]
[Page 7870-7871]
[DOCID:fr21fe07-26]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

February 12, 2007.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC07-59-000.
    Applicants: FirstEnergy Generation Corporation.
    Description: FirstEnergy Generation Corp submits its application
requesting Commission authorization to consummate a transaction whereby
it will lease a 93.5% interest in an existing generation facility.
    Filed Date: 02/06/2007.
    Accession Number: 20070208-0196.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 27, 2007.

    Docket Numbers: EC07-60-000.
    Applicants: Alliance Energy Renewables, LLC; Mirant New York, Inc.;
Mirant NY-Gen, LLC.
    Description: Alliance Energy Renewables, LLC et al submits an
application for approval of the disposition of jurisdictional
facilities, pursuant to Section 203 of the FPA.
    Filed Date: 02/07/2007.
    Accession Number: 20070208-0124.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 28, 2007.

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

    Docket Numbers: ER97-4345-021; ER98-511-009.
    Applicants: Oklahoma Gas and Electric Company; OGE Energy Resources
Inc.
    Description: Oklahoma Gas and Electric Company et al submit a
change in status report relating to market-based rate authority
previously granted to each of the OGE Companies in compliance with
Order 652.
    Filed Date: 02/06/2007.
    Accession Number: 20070208-0189.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 27, 2007.

    Docket Numbers: ER00-2885-014; ER01-2765-013; ER02-1582-012; ER02-
1785-009; ER02-2102-013; ER03-1283-006; ER06-1543-004; ER06-864-006;
ER97-2414-006.
    Applicants: Cedar Brakes I LLC; Cedar Brakes II LLC; Mohawk River
Funding IV, L.L.C.; Thermo Cogeneration Partnership LP; Utility
Contract Funding, L.L.C.; Vineland Energy LLC; Brush Cogeneration
Partners; Bear Energy LP; Lowell Cogeneration Company Limited
Partnership.
    Description: Bear Energy, LP et al submit a notice that they have
entered into an energy management agreement with MMC Mid-Sun, LLC
pursuant to Order 652.
    Filed Date: 02/07/2007.
    Accession Number: 20070209-0108.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 28, 2007.

    Docket Numbers: ER01-313-010; ER01-424-010.
    Applicants: California Independent System Operator Corporation;
Pacific Gas and Electric Company
    Description: California Independent System Operator Corporation
submits its Grid Management Charges for the period 1/1/01 through 12/
21/03, in accordance with Opinion 463-B.
    Filed Date: 02/08/2007.
    Accession Number: 20070212-0003.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 01, 2007.

    Docket Numbers: ER05-1178-008; ER05-1191-008.
    Applicants: Gila River Power, L.P.; Union Power Partners, L.P.
    Description: Gila River Power, LP et al submit a notice of non-
material change in status relating to their upstream ownership
structure pursuant to Sec.  35.27(c) of FERC's Rules and Regulations.
    Filed Date: 02/07/2007.
    Accession Number: 20070208-0190.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 28, 2007.

    Docket Numbers: ER05-1202-002.
    Applicants: Blue Canyon Windpower II LLC.
    Description: Blue Canyon Windpower II, LLC submits a revised
tariff, FERC Electric Tariff, First Revised Volume 1.
    Filed Date: 02/06/2007.
    Accession Number: 20070208-0188.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 27, 2007.

    Docket Numbers: ER07-188-004; ER07-189-004; ER07-190-004; ER07-191-
004; ER07-192-002.
    Applicants: Duke Energy Carolinas, LLC; Duke Energy Indiana, Inc.;
Duke Energy Kentucky, Inc.; Duke Energy Ohio, Inc.; Duke Energy Shared
Services, Inc.
    Description: Duke Energy Corp on behalf of Duke Energy Carolinas,
LLC et al refiles its Duke Carolinas Service Agreement with Lockhart
Power Co and 8 identified MISO agreements pursuant to the Commission's
1/8/07 order.

    Filed Date: 02/06/2007.
    Accession Number: 20070208-0143.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 27, 2007.

    Docket Numbers: ER07-489-001.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Co submits an errata to its 1/
31/07 filing of an executed EEI Master Power Purchase and Sale
Agreement with Tohono O'Odham Utility Authority.
    Filed Date: 02/06/2007.
    Accession Number: 20070208-0187.
    Comment Date: 5 p.m. Eastern Time on Tuesday, February 27, 2007.

    Docket Numbers: ER07-516-000
    Applicants: Morgan Stanley Capital Group, Inc.
    Description: Morgan Stanley Capital Group Inc. submits a response
to FERC Staff's request regarding certain bilateral spot transactions
for which it was the seller in the Western Electricity Coordinating
Council region etc.
    Filed Date: 01/26/2007.
    Accession Number: 20070212-0004.
    Comment Date: 5 p.m. Eastern Time on Friday, February 16, 2007.

    Docket Numbers: ER07-521-000.
    Applicants: New York Independent System Operator, Inc.
    Description: The New York Independent System Operator, Inc. submits
a compliance filing in response to Order 681 and 681-A.
    Filed Date: 02/05/2007.
    Accession Number: 20070208-0184.
    Comment Date: 5 p.m. Eastern Time on Monday, February 26, 2007.

    Docket Numbers: ER07-522-000.
    Applicants: Old Trail Wind Farm, LLC.
    Description: Old Trail Wind Farm, LLC submits a petition for order
accepting market-based rate tariff for filing and granting waivers and
blanket approvals.
    Filed Date: 02/07/2007.
    Accession Number: 20070208-0186.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 28, 2007.

    Docket Numbers: ER07-524-000.
    Applicants: Warren Power, LLC.
    Description: Warren Power, LLC submits a Cost-Based Capacity and
Energy Sale Agreement w/EWO Marketing, LP pursuant to Section 205 of
the FPA and Part 35 of FERC's Regs.
    Filed Date: 02/07/2007.
    Accession Number: 20070208-0122.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 28, 2007.

    Docket Numbers: ER07-525-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc on behalf of Entergy Operating
Companies submits the mutually-executed 2/5/07 Long-Term Firm Point-to-
Point Transmission Service Agreement with American Electric Power
Service Corp.
    Filed Date: 02/07/2007.
    Accession Number: 20070208-0121.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 28, 2007.

    Docket Numbers: ER07-526-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Co. submits an amended
Dillon I Wind Project Interconnection Facilities Agreement et al with
Dillon Wind, LLC.
    Filed Date: 02/08/2007.
    Accession Number: 20070212-0048.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 01, 2007.

    Docket Numbers: ER07-527-000.
    Applicants: Longview Fibre Paper and Packaging, Inc.
    Description: Longview Fibre Paper and Packaging, Inc. submits an
application for order accepting market-based rate tariff, granting
authorizations and blanket authority, and waiving certain requirements.
    Filed Date: 02/08/2007.
    Accession Number: 20070212-0047.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 01, 2007.

    Docket Numbers: ER07-528-000.
    Applicants: Brookfield Energy Marketing US LLC.
    Description: Brookfield Energy Marketing US LLC submits an
application for market-based rate authorization (FERC Electric Tariff,
Original Volume 1) and certain waivers and blanket authorizations.
    Filed Date: 02/08/2007.
    Accession Number: 20070212-0046.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 01, 2007.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-2858 Filed 2-20-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)]
[Notices]
[Page 22589]
[FR Doc No: 2016-08857]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2246-065]

Yuba County Water Agency; Notice Soliciting Comments on Final
Technical Memoranda

    On March 31, 2016, Yuba County Water Agency, licensee for the Yuba
River Project, filed Technical Memoranda 7-11 and 7-11a, Fish Behavior
and Hydraulics near Narrows 2 Powerhouse and Radio Telemetry of Spring-
and Fall-Run Chinook Migratory Behavior Downstream of Narrows 2
Powerhouse.\1\ The memoranda were required by studies approved by the
Commission on September 30, 2011 (modified on December 28, 2011; April
12, 2012; and March 29, 2013) (Study 11) and August 22, 2013 (Study
11a).
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    \1\ These technical memoranda can be viewed at http://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=14186240.
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    The Commission is soliciting comments on these memoranda. Any
comments should be filed within 30 days from the date of this notice.
The Commission strongly encourages electronic filing. Please file all
documents 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>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-2246-065.
    Once the Commission has determined that it has sufficient
information to process the license application, it will issue a notice
that the application is ready for environmental analysis, requesting
comments, recommendations, terms and conditions, or prescriptions.
    For further information, contact Alan Mitchnick at<PHONE_NUMBER>.

    Dated: April 6, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-08857 Filed 4-15-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32739-32741]
[FR Doc No: 2017-14888]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81118; File No. SR-CBOE-2017-052]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Updating the CBOE Fees Schedule Concerning LVCX
Fees

July 11, 2017.

    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 29, 2017, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``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 its Fees Schedule relating to
Livevol Core X (``LVCX'') fees.
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx),
at the Exchange's Office of the Secretary, 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 its Fees Schedule relating to
Livevol Core X (``LVCX'') fees. By way of background, LVCX is a front-
end order entry and management tool for listed stocks and options that
supports both simple and complex orders. Particularly, LVCX is a web-
based application integrated into the application programming interface
of the user's proprietary system. The application provides users with
the capability to send option orders to U.S. options exchanges and
stock orders to U.S. stock exchanges (and other trading centers).
Additionally, LVCX allows users to input parameters to control the
size, timing and other variables of their trades. Use of the
application is completely optional and LVCX users may sublicense LVCX
to their customers.
    The Exchange proposes a new tiered fee schedule for LVCX.
Specifically, the Exchange proposes to eliminate the current flat fees
of $100/month (per Log-in ID) and implement a new tiered fee schedule
for the LVCX application fees. The Exchange believes the proposed
change will encourage greater application of the LVCX platform by
reducing the prices as users purchase more Log-In IDs. The proposed
LVXC tiered pricing is below.

------------------------------------------------------------------------
                                                                Fee per
                    Livevol Core X (LVCX)                      login ID
                                                               per month
------------------------------------------------------------------------
Application Fees by Number of Login IDs:
  0-0.......................................................        $100
  11-30.....................................................          75
  31-100....................................................          50
  101-200...................................................          40
  201-500...................................................          30
  501-1,000.................................................          20
  >1,000....................................................          15
------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\3\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \4\ requirements that the rules of an exchange be
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 regulating,
clearing, settling, processing information with respect to, and
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.
Additionally, the Exchange believes the proposed rule change is
consistent with Section 6(b)(4) of the Act,\5\ which requires that
Exchange rules provide for the equitable allocation of reasonable dues,
fees, and other charges among its Trading Permit Holders and other
persons using its facilities.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
    \5\ 15 U.S.C. 78f(b)(4).
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    In particular, the Exchange believes the tiered fee schedule is
reasonable because broker-dealer clients will see an overall reduction
of prices as they increase their Log-In IDs. Additionally, the proposed
change continues to provide for the recoupment of the costs of
developing, maintaining, supporting and enhancing the application.
    The Exchange believes the proposed rule change is equitably [sic]
and not unfairly discriminatory because it applies to all users of LVCX
uniformly. Additionally, the use of LVCX is completely voluntary. The
LVCX application is available as a convenience to market participants,
who will continue to have the option to use any order entry and
management system available in the marketplace to send orders to the
Exchange and other exchanges. The Exchange also believes these fees are
reasonable and appropriate as they are competitive with similar
applications available throughout the market.

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

    The Exchange does not believe that the proposed rule changes will
impose any burden on competition that are not necessary or appropriate
in furtherance of the purposes of the Act. Particularly, any market
participant will be able to access LVCX and its tiered platform fees,
which will apply uniformly to all users. Additionally, the proposed
tiered fee schedule will offer heightened incentives for all broker-
dealer clients to promote use of LVCX. The Exchange notes that the LVCX
application is available to all market participants on the same terms
and conditions, and use of the application is completely voluntary.
LVCX is merely an alternative application to other similar products
already available in the market and market participants can develop
their own proprietary products with the same functionality.
    The Exchange notes that when Congress charged the Commission with
supervising the development of a ``national market system'' for
securities, a premise of its action was that prices, products and
services ordinarily would be determined by market forces.\6\ Consistent
with this purpose, Congress and the Commission have repeatedly stated
their preference for competition, rather than regulatory intervention,
to determine prices, products and services in the securities
markets.\7\ Many exchanges and other market participants make
technology products, including products similar to the LVCX, available
to the industry. Other market participants that offer these products
can adjust pricing or add functionality to attract users to their
products to compete with the Exchange-offered products based on all
competitive forces in the marketplace, as the Exchange expects these
other market participants currently do. The Exchange believes that
other market participants that offer these products will continue to
remain competitive in the market for order-entry, management and
routing products, as they currently are in this market in which at
least two exchanges (including CBOE) offer similar technology products.
For example, CBOE currently offers PULSe, and ISE currently offers
PrecISE. The Exchange believes that many investors will continue to
elect to use competing products available from non-exchange technology
providers.
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    \6\ See, e.g., H.R. Rep. No. 94-229, at 92 (1975) (Conf. Rep.)
(stating Congress's intent that the ``national market system evolve
through the interplay of competitive forces as unnecessary
regulatory restrictions are removed'').
    \7\ See S. Rep. No. 94-75, 94th Cong., 1st Sess. 8 (1975) (``The
objective [in enacting the 1975 amendments to the Exchange Act]
would be to enhance competition and to allow economic forces,
interacting within a fair regulatory field, to arrive at appropriate
variations in practices and services.''); Order Approving Proposed
Rule Change Relating to NYSE Arca Data, Securities Exchange Act
Release No. 59039 (December 2, 2008), 73 FR 74770 (Dec. 9, 2008) at
74781 (``The Exchange Act and its legislative history strongly
support the Commission's reliance on competition, whenever possible,
in meeting its regulatory responsibilities for overseeing the SROs
and the national market system. Indeed, competition among multiple
markets and market participants trading the same products is the
hallmark of the national market system.'') (SR-NYSEArca-2006-21);
Regulation NMS, 70 FR at 37499 (observing that NMS regulation ``has
been remarkably successful in promoting market competition in [the]
forms that are most important to investors and listed companies'').
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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) of the Act \8\ and paragraph (f) of Rule 19b-4 \9\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f).
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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-CBOE-2017-052 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-CBOE-2017-052. 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-CBOE-2017-052 and should be submitted on or before
August 7, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2017-14888 Filed 7-14-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Notices]
[Pages 11275-11277]
[FR Doc No: 2017-03299]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80034; File No. SR-BatsEDGX-2017-09]

Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change to Fees
for Use of Use of the Exchange's Equities Platform

February 14, 2017.
    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 February 1, 2017, Bats EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') 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 Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to EDGX Rules
15.1(a) and (c).
---------------------------------------------------------------------------

    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its fee schedule to: (i) Increase
the standard rate to remove liquidity to $0.0030 per share; (ii)
increase the rate for orders that yield fee codes EA or ER; (iii) add a
definition for the term ``Step-Up Add TCV; and (iii) add a new Step-Up
Tier under footnote 1.
Standard Removal Rate
    Currently, fee codes 6,\6\ BB,\7\ N,\8\ PR,\9\ W \10\ and ZR \11\
of the Exchange's fee schedule set for the standard rate of $0.0029
charged per share to orders that remove liquidity from the Exchange in
securities priced equal to or greater than $1.00. The Exchange now
proposes to increase the standard rate for orders in securities priced
equal to or greater than $1.00 that remove liquidity from the Exchange
to $0.0030 per share.\12\ Therefore, the Exchange proposes to increase
the rate under fee codes 6, BB, N, PR, W and ZR from $0.0029 to $0.0030
per share. The Exchange also proposes to update the Standard Rates
table accordingly to reflect new standard rate.\13\
---------------------------------------------------------------------------

    \6\ As described in the Exchange's fee schedule, orders that
remove liquidity from the Exchange during the pre and post market
yield fee code 6 and are charged the standard removal rate of
$0.0029 per share.
    \7\ As described in the Exchange's fee schedule, orders that
remove liquidity from the Exchange in Tape B securities yield fee
code BB and are charged the standard removal rate of $0.0029 per
share.
    \8\ As described in the Exchange's fee schedule, orders that
remove liquidity from the Exchange in Tape C securities yield fee
code N and are charged the standard removal rate of $0.0029 per
share.
    \9\ As described in the Exchange's fee schedule, orders that
remove liquidity from the Exchange utilizing the ROUQ routing
strategy yield fee code PR and are charged the standard removal rate
of $0.0029 per share. The ROUQ routing strategy is described in
Exchange Rule 11.11(b)(3)(D).
    \10\ As described in the Exchange's fee schedule, orders that
remove liquidity from the Exchange in Tape A securities yield fee
code W and are charged the standard removal rate of $0.0029 per
share.
    \11\ As described in the Exchange's fee schedule, Retail Orders
that remove liquidity from the Exchange yield fee code ZR and are
charged the standard removal rate of $0.0029 per share. Retail
Orders are defined in Exchange Rule 11.21(a)(2).
    \12\ The Exchange does not proposes to amend the standard
removal rate for orders in securities priced below $1.00.
    \13\ The Exchange also proposes to add fee code PR to the
Standard Fee Code row of the Standard Rates Table because, as
described above, fee code PR sets forth a standard rate for removing
liquidity from the Exchange.
---------------------------------------------------------------------------

Fee Codes EA or ER
    An Internalized Trade is a trade where the two orders inadvertently
match against each other and share the same Market Participant
Identifier (``MPID''). Fee code EA is appended to side of an
Internalized Trade that adds liquidity, while fee code ER is appended
to the side of an Internalized Trade that removes liquidity. Orders
that yield fee codes EA or ER are charged a fee of $0.00045 per share
in securities priced at or above $1.00 and 0.15% of the dollar value of
the trade in securities priced below $1.00. The Exchange now proposes
to increase the fee for orders that yield fee codes EA or ER in
securities priced at or above $1.00 to $0.00050 per share.\14\
---------------------------------------------------------------------------

    \14\ The Exchange does not proposes [sic] to amend the rate for
orders in securities priced below $1.00 that yield fee codes EA or
ER.
---------------------------------------------------------------------------

Step-Up Add Volume Tier
    The Exchange proposes to add a definition for the term ``Step-Up
Add TCV and add a new Step-Up Tier under footnote 1.
    First, the Exchange proposes to define the term ``Step-Up Add TCV''
as ``ADAV \15\ as a percentage of TCV \16\ in the relevant baseline
month subtracted from current ADAV as a percentage of TCV.''
---------------------------------------------------------------------------

    \15\ As defined in the Exchange's fee schedule.
    \16\ As defined in the Exchange's fee schedule.
---------------------------------------------------------------------------

    Second, the Exchange proposes to add a new tier under footnote 1 of
the fee schedule to be known as ``Step-Up Tier 1'' [sic]. By way of
background, the Exchange determines the liquidity adding rebate that it
will provide to Members using the Exchange's tiered pricing structure.
Under such pricing structure, a Member will receive a rebate of
anywhere between $0.0025 and $0.0033 per share executed, depending on
the volume tier for which such Member qualifies under footnote 1 of the
fee schedule. Under the proposed Step-Up Tier, a Member would receive a
rebate of $0.0032 per share for orders that add liquidity where that
Member adds an ADV \17\ equal to or greater than 0.40% of the TCV and
has a Step-Up Add TCV from January 2017 equal to or greater than 0.10%.
---------------------------------------------------------------------------

    \17\ As defined in the Exchange's fee schedule.
---------------------------------------------------------------------------

Implementation Date
    The Exchange proposes to implement the above changes to its fee
schedule on February 1, 2017.

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.\18\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\19\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels to be
excessive. The Exchange also believes that each of the proposed
amendments are non-discriminatory because each will apply uniformly to
all Members.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f.
    \19\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

Standard Removal Rate
    The Exchange believes that its proposal to increase the standard
fee charged for orders that remove liquidity from the Exchange is
reasonable and equitable because it will allow the Exchange to utilize
the additional revenue to offset providing volume based enhanced
rebates for removing liquidity as proposed herein. In addition, the
Exchange notes that the proposed standard removal rate is consistent
with Rule 610(c)(1) of Regulation NMS \20\ and is equal to the standard
remove rate charged by other exchange to remove liquidity in securities
priced at or above $1.00.\21\
---------------------------------------------------------------------------

    \20\ 17 CFR 242. 610(c)(1).
    \21\ See Nasdaq Stock Market LLC's fee schedule available at
http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2, NYSE
Arca fee schedule available at https://www.nyse.com/publicdocs/nyse/markets/nyse-arca/NYSE_Arca_Marketplace_Fees.pdf, and the Bats BZX
Exchange, Inc.'s (``BZX'') fee schedule available at http://www.bats.com/us/equities/membership/fee_schedule/bzx/.
---------------------------------------------------------------------------

Fee Codes EA or ER
    The Exchange believes that its proposal to increase the fees
charged for Internalized Orders is reasonable and equitable because the
charge for Members inadvertently matching with themselves will continue
to be no more favorable than the Exchange's maker/taker spread enabling
the Exchange to continue to discourage potential wash sales.\22\ In
addition, like as stated above for the increase to the standard removal
rate, the proposed increase will allow the Exchange to utilize the
additional revenue to offset providing volume based enhanced rebates
for removing liquidity as proposed herein.
---------------------------------------------------------------------------

    \22\ The Exchange will continue to ensure that the fees
applicable to Internalized Trades are no more favorable than the
Exchange's prevailing maker/taker spread.
---------------------------------------------------------------------------

Step-Up Add Volume Tier
    The Exchange believes that its proposed definition of Step-Up Add
TCV and the new Step-Up Tier provide for the equitable allocation of
reasonable dues, fees and other charges among its Members and other
persons using its facilities. The Exchange notes that it operates in a
highly-competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. The proposed rule changes reflect a
competitive pricing structure designed to incent market participants to
direct their order flow to the Exchange.
    In particular, the Exchange believes the definition of Step-Up Add
TCV is equitable and reasonable as it is identical to the same defined
term on BZX.\23\ Volume-based rebates such as that proposed herein have
been widely adopted by exchanges, including the Exchange, and are
equitable because they are open to all Members on an equal basis and
provide additional benefits or discounts that are reasonably related
to: (i) The value to an exchange's market quality; (ii) associated
higher levels of market activity, such as higher levels of liquidity
provision and/or growth patterns; and (iii) introduction of higher
volumes of orders into the price and volume discovery processes. The
Exchange believes that the proposed tier is a reasonable, fair and
equitable, and not unfairly discriminatory allocation of fees and
rebates because it will continue to provide Members with an incentive
to reach certain thresholds on the Exchange.
---------------------------------------------------------------------------

    \23\ See the BZX fee schedule available at http://www.bats.com/us/equities/membership/fee_schedule/bzx/.
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed Step-Up Tier is a
reasonable means to encourage Members to increase their liquidity on
the Exchange. The Exchange further believes that the proposed Step-Up
Tier represents an equitable allocation of reasonable dues, fees, and
other charges because the thresholds necessary to achieve the tier
encourages Members to add increased liquidity to the EDGX Book \24\
each month. The increased liquidity benefits all investors by deepening
the Exchange's liquidity pool, offering additional flexibility for all
investors to enjoy cost savings, supporting the quality of price
discovery, promoting market transparency and improving investor
protection. Such pricing programs thereby reward a Member's growth
pattern on the Exchange and such increased volume increases potential
revenue to the Exchange, and will allow the Exchange to continue to
provide and potentially expand the incentive programs operated by the
Exchange. Specifically, the Exchange believes the level of the enhanced
rebate provided by the tier reasonably reflects the criteria necessary
to achieve the tier. For example, a Member would receive a rebate of
$0.0032 per share where they not only add an ADV equal to or greater
than 0.40% of the TCV, but also has a Step-Up Add TCV from January 2017
equal to or greater than 0.10%.
---------------------------------------------------------------------------

    \24\ See Exchange Rule 1.5(d).
---------------------------------------------------------------------------

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

    The Exchange believes the proposed amendments to its fee schedule
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. To the contrary,
the Exchange has designed the proposed amendments to its fee schedule
in order to enhance its ability to compete with other exchanges.
Rather, the proposal as a whole is a competitive proposal that is
seeking further the growth of the Exchange. The Exchange has structured
the proposed fees and rebates to attract certain additional volume in
both Customer and certain Non-Customer orders, however, the Exchange
believes that its pricing for all capacities is competitive with that
offered by other options exchanges. Additionally, Members may opt to
disfavor the Exchange's pricing if they believe that alternatives offer
them better value. Accordingly, the Exchange does not believe that the
proposed change will impair the ability of Members or competing venues
to maintain their competitive standing in the financial markets. In
particular, the Exchange believes that the proposed tiers contribute
to, rather than burden competition, as such changes are broadly
intended to incentivize participants to increase their participation on
the Exchange, which will increase the liquidity and market quality on
the Exchange, which will then further enhance the Exchange's ability to
compete with other exchanges. Likewise, the proposed changes to the
standard removal rates and rates for Internalized Trades should not
have any burden on competition on competition [sic] as they are in line
with that

charged by other exchanger or is designed to continue to discourage
potential wash sales.

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 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) of the Act \25\ and paragraph (f) of Rule 19b-4
thereunder.\26\ 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.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(3)(A).
    \26\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-BatsEDGX-2017-09 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-BatsEDGX-2017-09. 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-BatsEDGX-2017-09, and should
be submitted on or before March 14, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-03299 Filed 2-17-17; 8:45 am]
 BILLING CODE 8011-01-P


December 30, 2011

David Conroy
U.S. Environmental Protection Agency  -  Region 1
5 Post Office Square, Suite 100
Boston, MA 02109-3912

Dear Mr. Conroy:

I am pleased to submit a Final Massachusetts Regional Haze State Implementation Plan (SIP) to fulfill the requirements of the U.S. Environmental Protection Agency's (EPA's) Regional Haze Program Requirements as set forth in 40 CFR 51.308.

The Regional Haze SIP addresses Massachusetts' contribution to visibility impairment at Class I areas and was developed in coordination with the Mid-Atlantic/Northeast Visibility Union (MANE-VU) regional planning organization.

As you know, because Massachusetts was not included in EPA's final Cross-State Air Pollution Rule, the Massachusetts Department of Environmental Protection (MassDEP) must revise its strategy for addressing Electric Generating Units (EGUs).  MassDEP plans to re-propose portions of the SIP in February 2012 that will include an Alternative to Best Available Retrofit Technology (BART) covering EGUs and a revised Targeted EGU Strategy.  At that time, MassDEP also plans to propose associated facility permit modifications and low sulfur oil regulations as agreed to by the MANE-VU states.  MassDEP intends to finalize and submit to EPA the revised SIP portions, permits, and low sulfur regulations in June 2012.

If you have any questions or need additional information regarding this submittal, please contact Glenn Keith at<PHONE_NUMBER>.

Sincerely,

Nancy L. Seidman
Deputy Assistant Commissioner for Climate Strategies

cc: 	Anne McWilliams, EPA Region I
      Ann Arnold, EPA Region I
      Tim Allen, USFWS
      Holly Salazer, NPS
      Ralph Perron, USFS

Enclosures:
Massachusetts Regional Haze State Implementation Plan
Appendices (on compact disc)


[Federal Register: July 26, 2007 (Volume 72, Number 143)]
[Notices]
[Page 41073-41074]
[DOCID:fr26jy07-47]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2007-0216; FRL-8446-6]

Human Studies Review Board (HSRB); Notification of a Public
Teleconference To Review Its Draft Report From the April 18-20, 2007
HSRB Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The EPA Human Studies Review Board (HSRB) announces a public
teleconference meeting to discuss its draft HSRB report from the April
18-20, 2007 HSRB meeting.

DATES: The teleconference will be held on August 14, 2007, from 3 to
approximately 5 p.m. (Eastern Time).
    Location: The meeting will take place via telephone only.
    Meeting Access: For information on access or services for
individuals with disabilities, please contact the DFO at least 10
business days prior to the meeting using the information under FOR
FURTHER INFORMATION CONTACT, so that appropriate arrangements can be
made.
    Procedures for Providing Public Input: Interested members of the
public may submit relevant written or oral comments for the HSRB to
consider during the advisory process. Additional information concerning
submission of relevant written or oral comments is provided in Unit
I.D. of this notice.

FOR FURTHER INFORMATION CONTACT: Members of the public who wish to
obtain the call-in number and access code to participate in the
telephone conference, to request a current draft copy of the Board's
report or to obtain further information, may contact Crystal Rodgers-
Jenkins, EPA, Office of the Science Advisor, (8105), Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460;
or via telephone/voice mail at<PHONE_NUMBER>. General information
concerning the EPA HSRB can be found on the EPA Web site at http://www.epa.gov/osa/hsrb/
.

ADDRESSES: Submit your written comments, identified by Docket ID No.
EPA-HQ-ORD-2007-0216, by one of the following methods: http://www.regulations.gov:
 Follow the on-line instructions for submitting

comments.
    E-mail<EMAIL_ADDRESS>    Mail: ORD Docket, Environmental Protection Agency, Mailcode:
28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    Hand Delivery: EPA Docket Center (EPA/DC), Public Reading Room,
Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution
Avenue, NW., Washington, DC 20460, Attention Docket ID No. EPA-ORD-
2007-0216. Deliveries are only accepted from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. Special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2007-0216. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.

I. Public Meeting

A. Does This Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to persons who conduct or assess human studies,
especially studies on substances regulated by EPA, or to persons who
are or may be required to conduct testing of chemical substances under
the Federal Food, Drug, and Cosmetic Act (FFDCA) or the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other
entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this

action. If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of This Document and Other
Related Information?

    In addition to using regulations.gov, you may access this Federal
Register document electronically through the EPA Internet under the
Federal Register listings at http://www.epa.gov/fedrgstr/    Docket: All documents in the docket are listed in the http://.

http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the ORD Docket, EPA/

DC, Public Reading Room, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave., NW., Washington, DC. The 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 ORD
Docket is<PHONE_NUMBER>.
    The April 18-20, 2007 HSRB meeting draft report is now available.
You may obtain electronic copies of this document, and certain other
related documents that might be available electronically, from the
regulations.gov Web site and the HSRB Internet Home Page at http://www.epa.gov/osa/hsrb/.
 For questions on document availability or if you

do not have access to the Internet, consult the person listed under FOR
FURTHER INFORMATION.

C. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. Provide specific examples to illustrate your concerns.
    5. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

D. How May I Participate in This Meeting?

    You may participate in this meeting by following the instructions
in this section. To ensure proper receipt by EPA, it is imperative that
you identify docket ID number EPA-HQ-ORD-2007-0216 in the subject line
on the first page of your request.
    1. Oral comments. Requests to present oral comments will be
accepted up to August 7, 2007. To the extent that time permits,
interested persons who have not pre-registered may be permitted by the
Chair of the HSRB to present oral comments at the meeting. Each
individual or group wishing to make brief oral comments to the HSRB is
strongly advised to submit their request (preferably via e-mail) to the
person listed under FOR FURTHER INFORMATION CONTACT no later than noon,
eastern time, August 7, 2007, in order to be included on the meeting
agenda and to provide sufficient time for the HSRB Chair and HSRB DFO
to review the meeting agenda to provide an appropriate public comment
period. The request should identify the name of the individual making
the presentation and the organization (if any) the individual will
represent. Oral comments before the HSRB are limited to 5 minutes per
individual or organization. Please note that this includes all
individuals appearing either as part of, or on behalf of an
organization. While it is our intent to hear a full range of oral
comments on the science and ethics issues under discussion, it is not
our intent to permit organizations to expand these time limitations by
having numerous individuals sign up separately to speak on their
behalf. If additional time is available, there may be flexibility in
time for public comments.
    2. Written comments. Although you may submit written comments at
any time, for the HSRB to have the best opportunity to review and
consider your comments as it deliberates on its report, you should
submit your comments at least 5 business days prior to the beginning of
this teleconference. If you submit comments after this date, those
comments will be provided to the Board members, but you should
recognize that the Board members may not have adequate time to consider
those comments prior to making a decision. Thus, if you plan to submit
written comments, the Agency strongly encourages you to submit such
comments no later than noon, Eastern Time, August 7, 2007. You should
submit your comments using the instructions in Unit 1.C. of this
notice. In addition, the Agency also requests that person(s) submitting
comments directly to the docket also provide a copy of their comments
to the person listed under FOR FURTHER INFORMATION CONTACT. There is no
limit on the length of written comments for consideration by the HSRB.

E. Background

    The EPA Human Studies Review Board will be reviewing its draft
report from the April 18-20, 2007 HSRB meeting. Background on the April
18-20, 2007 HSRB meeting can be found at Federal Register 72 57, 14101
(March 26, 2007) and at the HSRB Web site http://www.epa.gov/osa/hsrb/.

The Board may also discuss planning for future HSRB meetings.

    Dated: July 20, 2007.
George Gray,
EPA Science Advisor.
 [FR Doc. E7-14468 Filed 7-25-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: September 7, 2010 (Volume 75, Number 172)]
[Notices]
[Page 54351]
[DOCID:fr07se10-42]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0001]

Cell and Gene Therapy Clinical Trials in Pediatric Populations;
Public Workshop

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice of public workshop.

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

    The Food and Drug Administration (FDA), Center for Biologics
Evaluation and Research (CBER) is announcing a public workshop entitled
``Cell and Gene Therapy Clinical Trials in Pediatric Populations.'' The
purpose of the workshop is to gather information from Institutional
Review Boards (IRBs), gene and cellular therapy clinical researchers,
and other stakeholders regarding best practices related to cell and
gene therapy clinical trials in pediatric populations, as well as
challenges and considerations in the review of these clinical trials.
    Date and Time: The public workshop will be held on November 2,
2010, from 8 a.m. to 5:30 p.m.
    Location: The public workshop will be held at the Bethesda North
Marriott Hotel and Conference Center, 5701 Marinelli Rd., North
Bethesda, MD 20852.
    Contact Person: Bernadette Kawaley, Center for Biologics Evaluation
and Research (HFM-43), Food and Drug Administration, 1401 Rockville
Pike, suite 200N, Rockville, MD 20852-1448,<PHONE_NUMBER>, FAX 301-827-
3079; email<EMAIL_ADDRESS>(Subject line: Pediatrics Ethics
Workshop).
    Registration: Email, mail or fax your registration information
(including name, title, firm name, address, telephone and fax numbers)
to the contact person by October 1, 2010. There is no registration fee
for the public workshop. Early registration is recommended because
seating is limited. Registration on the day of the public workshop will
be provided on a space available basis beginning at 7:30 a.m.
    If you need special accommodations due to a disability, please
contact Bernadette Kawaley (see Contact Person) at least 7 days in
advance.

SUPPLEMENTARY INFORMATION: The workshop will include presentations on
cell and gene therapy clinical trials in pediatric populations. The
workshop will include panel discussions regarding best practices
related to cell and gene therapy clinical trials in pediatric
populations including those related to: (1) Evaluating these novel
therapeutic products prior to initiating pediatric clinical studies;
(2) identifying and minimizing risks associated with the administration
of cell and gene therapy products in pediatric populations; (3)
obtaining informed consent and assent; and (4) conducting continuing
review of cell and gene therapy products in pediatric populations. The
workshop also will include panel discussions addressing the challenges
and considerations in the review of cell and gene therapy clinical
trials in pediatric populations and the role of IRBs.
    Transcripts: Please be advised that as soon as a transcript is
available, it will be accessible at http://www.regulations.gov. It may
be viewed at the Division of Dockets Management (HFA-305), Food and
Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD. A
transcript will also be available in either hardcopy or on CD-ROM,
after submission of a Freedom of Information request. Written requests
are to be sent to Division of Freedom of Information (HFI-35), Office
of Management Programs, Food and Drug Administration, 5600 Fishers
Lane, rm. 6-30, Rockville, MD 20857. A transcript of the public
workshop will be available on the Internet at http://www.fda.gov/
BiologicsBloodVaccines/NewsEvents/WorkshopsMeetingsConferences/
TranscriptsMinutes/default.htm.

    Dated: August 20, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-22168 Filed 9-3-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register: October 25, 2011 (Volume 76, Number 206)]
[Notices]
[Page 66105-66107]
[DOCID:fr25oc11-113]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65590; File No. SR-NYSEAmex-2011-80]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Retire a Pilot
Program and Harmonize the Exchange's rules Regarding Listing
Expirations with the Existing Rules of Other Exchanges

October 19, 2011.
    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 October 13, 2011, NYSE Amex LLC (the ``Exchange'' or ``NYSE Amex'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend NYSE Amex Options Rule 903 (Series
of Options Open for Trading) and Commentary .11 thereto to retire a
pilot program and harmonize the Exchange's rules regarding listing
expirations with the existing rules of other exchanges. The text of the
proposed rule change is available at the Exchange, at http://
www.nyse.com, at the Commission's Public Reference Room, and at the
Commission's Web site at http://www.sec.gov.

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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to retire the Additional
Expiration Months Pilot Program (``Pilot Program'') and to amend the
Exchange's rules regarding listing expirations. This filing is based on
the existing rules of the NASDAQ Options Market (``NOM'') \3\ and
NASDAQ OMX PHLX LLC (``PHLX'').\4\
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    \3\ See NOM Chapter IV, Section 6 (Series of Options Contracts
Open for Trading). See also Securities Exchange Act Release No.
57478 (March 12, 2008), 73 FR 14521 (March 18, 2008) (SR-NASDAQ-
2007-004 and SR-NASDAQ-2007-080).
    \4\ See PHLX Rule 1012 (Series of Options Open for Trading). See
also Securities Exchange Act Release No. 63700 (January 11, 2011),
76 FR 2931 (January 18, 2011) (SR-Phlx-2011-04). The PHLX filing was
based on NOM's existing rules.
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    NYSE Amex Options Rules Governing Listing of Expirations
    Pursuant to NYSE Amex Rule 903, the Exchange typically opens four
expiration months for each class of options open for trading on the
Exchange: The first two being the two nearest months, regardless of the
quarterly cycle on which that class trades, and the third and fourth
being the next two months of the quarterly cycle previously designated
by the Exchange for that specific class. For competitive reasons, in
2010 the Exchange established the Pilot Program pursuant to which it
could list up to an additional two expiration months, for a total of
six expiration months for each class of options open for trading on the
Exchange.\5\ The filing to establish the Pilot Program was
substantially similar in all material respects to a proposal of the
International Securities Exchange, LLC (``ISE'').\6\
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    \5\ See Securities Exchange Act Release No. 63170 (October 25,
2010), 75 FR 66818 (October 29, 2010) (SR-NYSEAmex-2010-99).
    \6\ See Securities Exchange Act Release No. 63104 (October 14,
2010), 75 FR 64773 (October 20, 2010) (SR-ISE-2010-91).
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    After NYSE Amex and ISE established their respective Pilot
Programs, ISE submitted a filing in response to a PHLX filing regarding
the listing of expirations.\7\ In the PHLX filing, PHLX amended its
rules that so that it could open ``at least one expiration month'' for
each class of standard options open for trading on PHLX.\8\ PHLX stated
in its filing that this amendment was ``based directly on the recently
approved rules of another options exchange, namely Chapter IV, Sections
6 and 8 of NOM.''\9\ Since PHLX's rules did not hard code an upper
limit on the maximum number of expirations that could be listed per
class, ISE believed that PHLX (and NOM) had the ability to list
expirations that ISE would not be able to then list under its rules. As
a result, ISE amended its rules by adding new Supplementary Material
.10 to ISE Rule 504 and Supplementary Material .04 to ISE Rule 2009 to
permit ISE to list additional expiration months on options classes
opened for trading on ISE if such expiration months are opened for
trading on at least one other national securities exchange.\10\
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    \7\ See Securities Exchange Act Release No. 64343 (April 26,
2011), 76 FR 24546 (May 2, 2011) (SR-ISE-2011-26). See also supra
note 4.
    \8\ See supra note 4 at 2932.
    \9\ Id.
    \10\ See supra note 7 at 24547.
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    Because the Exchange had adopted a Pilot Program similar to ISE's,
the Exchange adopted new Commentary .14 to Rule 903 that permits the
Exchange to list additional expiration months on options classes opened
for trading on the Exchange if such expiration months are opened for
trading on at least one other national securities exchange.\11\
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    \11\ See Securities Exchange Act Release No. 64519 (May 19,
2011), 76 FR 30411 (May 25, 2011) (SR-NYSEAmex-2011-33).
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Retire Additional Expiration Months Pilot and Adopt Amended Rules

    The Exchange established the Pilot Program for competitive reasons.
Now that the Exchange has the ability to match the expiration listings
of other exchanges \12\ (that may exceed six expirations and may occur
on a regular basis) the Exchange believes that the Pilot Program is no
longer necessary and is proposing to retire it. To effect this change,
the Exchange is proposing to delete the text of Commentary .11 to Rule
903, which sets forth the terms of the Pilot Program, which is
currently scheduled to expire on October 31, 2011.\13\
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    \12\ See Commentary .14 to Rule 903.
    \13\ The Exchange proposes to mark Commentary .11 to Rule 903 as
``Reserved.''
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    As noted, the Exchange's ability to match the expirations listed by
other exchanges is set forth in Commentary .14 to Rule 903. This
provision, however, only provides the Exchange with the ability to
match expirations initiated by other options exchanges. To encourage
competition and to place the Exchange on a level playing field, the
Exchange should have the same ability as PHLX and NOM to initiate
expirations. Therefore, the Exchange is proposing to harmonize its
rules with the rules of PHLX and NOM by clarifying that NYSE Amex will
open at least one expiration month and one series for each class open
for trading on the Exchange. To effect this change, the Exchange is
proposing to amend the text of Rule 903(b) and (c) to track the rule
text of NOM Chapter IV, Section 6 and PHLX Rule 1012.
    Finally, the Exchange is proposing to slightly modify Rule 903
regarding the opening of additional series. Specifically, the Exchange
proposes to amend Rule 903(c) to permit the listing of additional
series when (among other reasons) the market price of the underlying
stock moves more than five strike prices from the initial exercise
price or prices.\14\ Currently, Rule 903(c) permits the listing of
additional series when the market price of the underlying stock moves
substantially from the initial exercise price or prices. This proposed
rule change again tracks PHLX and NOM's existing rule text.
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    \14\ Rule 903(d) also permits the Exchange to add additional
series of options of the same class when the Exchange deems it
necessary to maintain an orderly market and to meet customer demand.
These ``additional series'' provisions are similar to existing
provisions in NOM Chapter IV, Section 6 and PHLX Rule 1012.
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    The Exchange believes the proposed rule change is proper, and
indeed necessary, in light of the need to have rules that do not put
the Exchange at a competitive disadvantage. The Exchange's proposal
puts the Exchange in the same position as PHLX and NOM and provides the
Exchange with the same ability to initiate and match identical
expirations across exchanges for products that are multiply-listed and
fungible with one another. The Exchange believes that the proposed rule
change should encourage competition and be beneficial to traders and
market participants by providing them with a means to trade on the
Exchange securities that are initiated by the Exchange and listed and
traded on other exchanges.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\15\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\16\ in particular, because it
is designed to promote just and equitable principles of trade, 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. In particular, the proposed rule change would permit
the Exchange to accommodate requests made by ATP Holders and other
market participants to list additional expiration months and thus
encourages

competition without harming investors or the public interest.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 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 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

    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

    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 \17\ and Rule 19b-
4(f)(6) thereunder.\18\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 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.
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    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal should promote competition by allowing
the Exchange, without undue delay, to incorporate rules that previously
have been adopted by other exchanges and thereby to list and trade
option series that are trading on those other options exchanges.
Therefore, the Commission designates the proposal operative upon
filing.\19\
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    \19\ 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.

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-NYSEAmex-2011-80 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-NYSEAmex-2011-80.
This file number should be included on the subject line if e-mail is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of 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-
NYSEAmex-2011-80 and should be submitted on or before November 15,
2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-27520 Filed 10-24-11; 8:45 am]
BILLING CODE 8011-01-P