I. TITLE:

      Hazard Mitigation Assistance for Wind Retrofit Projects for Existing Residential Buildings

II.	DATE OF ISSUANCE: XXX XX, 2012

 III.       POLICY STATEMENT

		This policy will ensure that grantees receiving funding under PDM and HMGP for wind retrofits of one- and two-family residential buildings utilize building techniques that conform to the design criteria in the Wind Retrofit Guide for Residential Buildings (FEMA P-804) published December 2010.

 IV.       PURPOSE:

      The purpose of this policy is to require comprehensive design solutions for wind retrofit projects on existing one- and two-family residences in coastal areas that are funded under the HMGP and PDM grants programs.  These mitigation activities will be required to be implemented in conformance with the criteria in the Wind Retrofit Guide for Residential Buildings (FEMA P-804).

V.	SCOPE AND EXTERNAL AUDIENCE:

      This policy applies to PDM projects for which the application period opens on or after the date of this policy, and to HMGP projects for which funding is made available pursuant to a major disaster declared on or after the date of this policy.

 V.  AUTHORITY:

      Sections 203 (PDM) and 404 (HMGP) of the Stafford Act, 42 U.S.C. 5133 and 5170(c); 44 C.F.R. Part 206, Subpart N (HMGP).

VII.		OBJECTIVES

      The objective of this policy is to ensure that wind retrofit projects on one- and two-family residences funded under HMGP or PDM are designed and constructed to stronger design standards.

VIII.	DEFINITIONS, ABBREVIATIONS, AND FORMATTING

		BCA				Benefit Cost Analysis
		CFR				Code of Federal Regulations
		FEMA				Federal Emergency Management Agency
		HMA				Hazard Mitigation Assistance
		HMGP				Hazard Mitigation Grant Program
		PDM				Pre-Disaster Mitigation program
		Stafford Act		Robert T. Stafford Disaster Relief and Emergency Assistance Act

IX.		POLICY DETAILS

      The Stafford Act authorizes FEMA to provide funding for the purpose of reducing or eliminating risks to life and property from hazards and their effects.  Mitigation grant program regulations and guidance that implement these authorities identify various types of hazard mitigation projects or activities that meet this purpose and may be eligible for funding.  These projects represent a range of activities that protect structures, the contents within those structures and/or the lives of their occupants.  Therefore, wind retrofit projects for the hazard mitigation purpose of structural and building envelope protection against wind hazards for existing residential buildings are eligible activities under PDM and HMGP.

      Thousands of existing homes in hurricane-prone regions are vulnerable to the effects of high-wind events because they are not designed to the same level of wind resistance required by today's codes and standards. High-wind natural hazards affecting hurricane-prone regions include hurricanes, tropical storms, typhoons, nor'easters, and tornadoes. The retrofits outlined in this policy are specific to protecting existing houses up to hurricane force winds.

      In response to this identified need, FEMA published FEMA P-804, Wind Retrofit Guide for Residential Buildings, in December 2010 to offer a unified technical and programmatic hazard mitigation solution to existing residential wind retrofit projects.   The benefits of FEMA P-804 include: (1) technical assistance and public education on building techniques for the rebuilding and recovery process to reduce the potential for future losses from wind-related damage; (2) promotion of the most appropriate and cost-effective building materials and practices to encourage future construction of disaster-resistant buildings; and, (3) programmatic guidance on developing and implementing residential wind retrofit projects that can be used when applying for funding through PDM and HMGP.

      Specific eligibility criteria for residential wind retrofit projects for existing buildings are listed below.

      A.       Eligible Activities and Mitigation Packages
           Wind retrofit project activities for existing residential one- and two-family dwellings (not including manufactured housing) that mitigate risk from wind-related damage are eligible for PDM and HMGP funding consideration.  See 44 C.F.R. § 206.434(d)(2)(iii) (for HMGP projects).  Project subapplications for funding residential wind retrofit projects for existing buildings located in areas of known hurricane or typhoon risk must be consistent with the criteria contained in FEMA P-804, Wind Retrofit Guide for Residential Buildings.

           Residential wind retrofit Mitigation Packages for existing buildings do not include structure elevation or mitigation reconstruction. HMA project subapplications that incorporate multiple hazard mitigation measures such as structure elevation or mitigation reconstruction should modify their scope of work to reflect all hazard mitigation measures being requested.

           Residential wind retrofit projects for existing buildings must comply with the Mitigation Packages (Basic Mitigation Package, Intermediate Mitigation Package, and Advanced Mitigation Package) described in FEMA P-804 (Chapter 4).  Each successive package contains retrofits that cumulatively increase the level of protection for wind-related damages to the buildings. The general elements for each package are identified below:

               Basic Mitigation Package
               1.                      Option 1: Improvements with roof covering replacement; or
               2.                      Option 2: Improvements without roof covering replacement
               3.                      Additional Required Retrofits for both Options 1 & 2:
                   a.                         Strengthening vents and soffits
                   b.                         Strengthening overhangs at gable end walls
                   c.                         Protecting openings per the Intermediate Packages, if located in the windborne debris region
               Intermediate Mitigation Package
            1.                      Protecting windows and entry doors from windborne debris
            2.                      Protecting garage doors from wind pressure and garage door glazing from wind borne debris
            3.                      Bracing gable end walls
            4.                      Strengthening connections of attached structures
               Advanced Mitigation Package
            1.                      Developing a continuous load path
            2.                      Protecting windows, entry doors, and garage doors from windborne debris and wind pressure.
           For homes with configurations for which the prescriptive Mitigation Packages provided in FEMA P-804 are not feasible, a design professional should be consulted to develop an engineered solution in place of the prescriptive solution.

      B.       Building Evaluation and Evaluation Criteria
           Existing homes included in a wind retrofit project subapplication should have a building evaluation conducted. The purpose of the evaluation is to determine whether the home is a viable candidate for any of the wind retrofit Mitigation Packages.  The evaluation must be consistent with the minimum evaluation criteria as identified in FEMA P-804 (Chapter 3 and Appendix B) as well as be consistent with any State or local wind mitigation program requirements.  Acceptable evaluators may include building science professionals such as registered architects and engineers, building officials, and evaluators that are certified through State or locally recognized wind retrofit programs (such as the Institute for Business and Home Safety FORTIFIED for Existing Homes program).

      C.       Eligible Costs
           Allowable mitigation costs for FEMA wind retrofit projects are for project components, such as design and building costs, directly related to and necessary for providing increased hazard protection from wind and wind-driven rain intrusion during a high-wind event. FEMA will only reimburse costs that are consistent with the Mitigation Packages provided in FEMA P-804.  For homes with configurations for which the prescriptive Mitigation Packages are not feasible, costs associated with engineered solutions are eligible.  In general, FEMA may allow hazard mitigation funding consideration for all necessary code-required mitigation-related project components. However, in the case of wind retrofits, pre-existing conditions of code non-compliance that local or State officials are obligated to remedy are not eligible for PDM or HMGP funding.

      D.       Ineligible Costs
           Ineligible costs include, but are not limited to:
                                                1.             Project activities and components not consistent with the Mitigation Packages described in FEMA P-804.
                                                2.             Construction products not certified to the appropriate standard (i.e. uncertified products).
                                                3.             Costs related to functionality or outfitting such as furniture, interior or exterior decorative elements and fixtures, floor treatments, electrical and plumbing utilities, and other finishing materials that do not enhance the structural performance of the home.
                                                4.             Costs associated with the repair of gross negligence by a homeowner, previous homeowner, or bank.  This includes, but is not limited to, negligence, lack of maintenance and subsequent damage, termite infestation, and damage where there was a lack of termite inspections and termites were a known hazard.

      E.       Cost-Effectiveness
           PDM and HMGP wind retrofit projects for existing residential buildings requesting funding must demonstrate their cost-effectiveness through an acceptable Benefit Cost Analysis (BCA). FEMA P-804 (Appendix C) discusses using the Hurricane Wind Module for Determining Cost Effectiveness of Retrofit Projects.   In addition, aggregating benefit and cost values is allowed for multiple structures if they are all vulnerable to damage as a result of similar hazard conditions. The PDM applicant and/or subapplicant or the HMGP grantee and/or applicant must use a FEMA-approved methodology to determine cost-effectiveness. FEMA's BCA software may be obtained by visiting www.fema.gov/government/grant/bca.shtm.

      F.       Other general requirements
           In addition, existing residential wind retrofit projects must adhere to all other PDM or HMGP statutes, regulations, and requirements that apply to this funding category, including: Sections 203 and 404 of the Stafford Act, Hazard Mitigation Grant Program (44 CFR Subpart N), Mitigation Planning (44 CFR Part 201), Floodplain Management and Protection of Wetlands (44 CFR Part 9), Environmental Considerations (44 CFR Part 10), Uniform Administrative Requirements (44 CFR Part 13), Floodplain Management (44 CFR Part 60), and other applicable federal environmental, historic preservation, and grants management requirements, as well as applicable program guidance.

           This policy represents FEMA's interpretation of a statutory or regulatory requirement and/or sets forth standard operating procedures.  The policy itself does not impose legally enforceable rights and obligations but sets forth a standard operating procedure or agency practice that FEMA employees follow to be consistent, fair, and equitable in the implementation of the Agency's authorities.

X.	ROLES AND RESPONSIBILITIES

      Roles and responsibilities herein for all Federal, grantee/applicant and subgrantee/subapplicant participants are consistent with those outlined in 44 C.F.R. Parts 13 and 206 subpart N (for HMGP Projects), and the HMA Unified Guidance.

XI.	MONITORING AND EVALUATION

      An awarded grant's performance will be monitored in accordance with the financial and performance reporting requirements outlined in 44 C.F.R Parts 13 and 206 subpart N (for HMGP Projects), and the HMA Unified Guidance.  In addition, all awarded grants must comply with the administrative and audit requirements of 44 C.F.R Parts 13 and 206 subpart N (for HMGP Projects), as well as the terms and conditions of the grant award agreement.

XII.	RESPONSIBLE OFFICE:

      Federal Emergency Management Agency, Flood Insurance and Mitigation Administration (Risk Reduction Division, Grants Policy Branch)

XIII.	SUPERSESSION

      This policy does not supersede any other policy on this subject.

XIV. REVIEW DATE:

      This policy will be reviewed three (3) years from the date of issuance.

                                 _________________________
                                 David L. Miller
                                 Associate Administrator
                                 Flood Insurance and Mitigation Administration
                                 Federal Emergency Management Agency


[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Proposed Rules]
[Pages 7025-7028]
[FR Doc No: 2012-3085]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1172]
RIN 1625-AA00

Safety Zones; America's Cup World Series, East Passage,
Narragansett Bay, RI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish two temporary safety
zones in the navigable waters of the East Passage, Narragansett Bay,
Rhode Island, during the America's Cup World Series sailing vessel
racing event. This safety zone is intended to safeguard mariners from
the hazards associated with high-speed, high-performance sailing
vessels competing in America's Cup-class races on the waters of the
East Passage, Narragansett Bay, Rhode Island. Vessels will be
prohibited from entering into, transiting through, mooring, or
anchoring within these safety zones during the effective period unless
authorized by the Captain of the Port (COTP), Southeastern New England.

DATES: Comments and related material must be received by the Coast
Guard on or before April 10, 2012. Requests for public meetings must be
received by the Coast Guard on or before March 2, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1172 using any one of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Edward G. LeBlanc, Waterways Management
Division at Coast Guard Sector Southeastern New England, telephone
(401) 435-2351, email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-1172), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-1172'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an

unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-1172'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before March 2, 2012, using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.

Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295, 116
Stat. 2064; and Department of Homeland Security Delegation No. 0170.1,
which collectively authorize the Coast Guard to define safety zones.
    This rule is necessary to provide for the safety of life and
navigation, for both participants and spectators involved with the
America's Cup World Series in the vicinity of Newport, RI.

Discussion of Proposed Rule

    The state of Rhode Island Economic Development Corporation (RI EDC)
is sponsoring the America's Cup World Series from June 22 to July 1,
2012, in the East Passage of Narragansett Bay in the vicinity of
Newport, RI. The Series is composed of daily racing of high-speed,
high-performance sailing vessels in the East Passage of Narragansett
Bay, Rhode Island, adjacent to Newport. These races are part of a
world-wide series of races designed to identify an international
challenger to compete for the America's Cup in final event of the
racing series, scheduled for 2013 in San Francisco, California. The
racing of these America's Cup-class vessels in Narragansett Bay is
expected to generate national and international media coverage, and
attract thousands of spectators on hundreds of recreational vessels and
numerous excursion vessels.
    The Coast Guard is establishing safety zones in conjunction with
the America's Cup World Series to ensure the protection of the maritime
public and event participants from the hazards associated with these
events. The Coast Guard anticipates some concern by mariners,
especially commercial vessel operators, that vessel transits through
the East Passage of Narragansett Bay may be restricted for a portion of
each day for 10 consecutive days. The East Passage of Narragansett Bay
is the site of many marine events each year and vessel traffic,
particularly recreational vessel traffic, frequently transit the Bay
using the West Passage so as to avoid or minimize any delay. The West
Passage of Narragansett Bay may also be a viable option for many tug/
barge combinations and smaller commercial vessels.
    Some commercial and/or recreational vessels may require or desire
to transit the East Passage of Narragansett Bay for a variety of
reasons, including destination, familiarity with the waterway, tide
restrictions, etc. Recreational vessels may be able to continue
transits through the East Passage, even during enforcement of these
safety zones, as there will be sufficient room for most recreational
vessels to pass to the west of the safety zones. Also, the Coast Guard
routinely works with the local marine pilot organization and shipping
agents to coordinate vessel transits during marine events in the East
Passage, and will continue to do so for the ACWS to avoid major
interruptions to shipping schedules.
    The Coast Guard proposes to add two temporary safety zones under 33
CFR T165.1172.
    One temporary safety zone, labeled safety zone ``North'', will
extend from Newport Harbor in the vicinity of Fort Adams, across the
East Passage to west of Rose Island.
    A second temporary safety zone, labeled safety zone ``South'', will
extend from the vicinity of Castle Hill, across the East Passage and
northeast to a point west of Goat Island.
    The ACWS will require use of only one safety zone each day, either
the ``North'' or ``South'' safety zone, depending on wind direction or
other environmental factors. The actual safety zone to be enforced will
be announced no later than 10 a.m. each day via Coast Guard broadcast
notice to mariners and local media. Safety zone enforcement will be
effective from Friday, June 22, 2012 through Sunday, July 1, 2012, and
will begin each day at 11 a.m. and continue until the ACWS races are
completed for the day, but no later than 5 p.m.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    We expect the economic impact of this proposed rule to be minimal.
Although this regulation may have some impact on the public, the
potential impact will be minimized for the following reasons: Vessels
will only be restricted from the East Passage of Narragansett Bay from
the designated safety zone for a maximum of six hours per day for a
maximum of 10 days; there is an alternate route, the West Passage of
Narragansett Bay, that does not add substantial transit time, is
already routinely used by mariners, and will not be affected by these
safety zones; many vessels, especially recreational vessels, may
transit in all portions of the affected waterway except for those areas
covered by the proposed safety zones; and vessels may enter or pass
through

the affected waterway with the permission of the COTP or the COTP's
representative.
    Notifications of the ACWS and associated safety zones will be made
to mariners through the Rhode Island Port Safety Forum, local Notice to
Mariners, event sponsors, and local media well in advance of the event.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: owners or operators of
vessels intending to transit, fish, or anchor in the East Passage of
Narragansett Bay, Rhode Island, during the ACWS races.
    The proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons: vessels
will only be restricted from the designated safety zone for a maximum
of six hours per day for a maximum of 10 days; vessels may transit in
all portions of the affected waterway except for those areas covered by
the proposed safety zones, and vessels may enter or pass through the
affected waterway with the permission of the COTP or the COTP's
representative.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272) directs agencies to use voluntary consensus standards in
their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action appears to be
one of a category of actions which do not individually or cumulatively
have a

significant effect on the human environment.
    A preliminary environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES. This proposed rule involves the establishment of temporary
safety zones in conjunction with the America's Cup World Series, a
high-speed, high-performance sailing vessel racing event. It appears
that this action will qualify for Coast Guard Categorical Exclusion
(34)(g), as described in figure 2-1 of the Commandant Instruction.
    We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

    2. Add a new Sec.  165.T1172 to read as follows:

Sec.  165.T1172  Safety Zones; America's Cup World Series, East
Passage, Narragansett Bay, RI.

    (a) Location. The following areas are safety zones:
    (1) Safety zone ``North'', an area bounded by the following
coordinates:
    1. 41-29.806 N, 071-21.504 W
    2. 41-30.049 N, 071-20.908 W
    3. 41-28.883 N, 071-19.952 W
    4. 41-28.615 N, 071-19.952 W
    (2) Safety zone ``South'', an area bounded by the following
coordinates:
    1. 41-28.432 N, 071-21.628 W
    2. 41-28.898 W, 071-20.892 W
    3. 41-29.992 W, 071-21.013 W
    4. 41-29.287 N, 071-20.406 W
    5. 41-28.894 N, 071-19.958 W
    6. 41-28.085 N, 071-21.211 W
    (b) Enforcement Period. Vessels will be prohibited from entering
these safety zones during the America's Cup World Series sailing vessel
racing events between 11 a.m. and 5 p.m. from Friday, June 22, 2012 to
Sunday, July 1, 2012.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
Southeastern New England (COTP), to act on his or her behalf. The
designated representative may be on an official patrol vessel or may be
on shore and will communicate with vessels via VHF-FM radio or
loudhailer. In addition, members of the Coast Guard Auxiliary may be
present to inform vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Patrol Commander. The Coast Guard may patrol each safety zone
under the direction of a designated Coast Guard Patrol Commander. The
Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by
the call sign ``PATCOM.''
    (4) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (d) Regulations. (1) The general regulations contained in 33 CFR
165.23 as well as the following regulations apply to the safety zones
established in conjunction with the America's Cup World Series, East
Passage, Narragansett Bay, Newport, RI. These regulations may be
enforced for the duration of the event.
    (2) No later than 10 a.m. each day of the event, the Coast Guard
will announce via Safety Marine Information Broadcasts and local media
which of the safety zones, either ``North'' or ``South'', will be
enforced for that day's America's Cup World Series races.
    (3) Vessels may not transit through or within the safety zones
during periods of enforcement without Patrol Commander approval.
Vessels permitted to transit must operate at a no-wake speed, in a
manner which will not endanger participants or other crafts in the
event.
    (4) Spectators or other vessels shall not anchor, block, loiter, or
impede the movement of event participants or official patrol vessels in
the safety zones unless authorized by an official patrol vessel.
    (5) The Patrol Commander may control the movement of all vessels in
the safety zones. When hailed or signaled by an official patrol vessel,
a vessel shall come to an immediate stop and comply with the lawful
directions issued. Failure to comply with a lawful direction may result
in expulsion from the area, citation for failure to comply, or both.
    (6) The Patrol Commander may delay or terminate the ACWS at any
time to ensure safety. Such action may be justified as a result of
weather, traffic density, spectator operation or participant behavior.

    Dated: January 28, 2012.
V. B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New
England.
[FR Doc. 2012-3085 Filed 2-9-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94442-94448]
[FR Doc No: 2016-30941]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79595; File No. SR-BatsEDGX-2016-73]

Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend the Market Data Section of Its Fee Schedule To Adopt Fees for
EDGX Summary Depth and Amend Fees for EDGX Depth

December 19, 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 December 6, 2016, Bats EDGX Exchange, Inc. (``EDGX'' 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 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the Market Data section of
its fee schedule to: (i) Adopt fees for a new market data product
called EDGX Summary Depth; and (ii) amend the fees for EDGX Depth.
    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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Market Data section of its fee
schedule to: (i) Adopt fees for a new market data product called EDGX
Summary Depth; and (ii) amend the fees for EDGX Depth.
EDGX Summary Depth
    EDGX Summary Depth is a data feed that will provide aggregated two-
sided quotations for all displayed orders entered into the System \5\
for up to five (5) price levels for securities traded on the Exchange
and for which the Exchange reports quotes under the Consolidated Tape
Association (``CTA'') Plan or the Nasdaq/UTP Plan.\6\ EDGX Summary
Depth will also contain the individual last sale information, Market
Status, Trading Status, and Trade Break messages. The individual last
sale information will include the price, size, and time of execution.
The last sale message will also include the cumulative number of shares
executed on the Exchange for that trading day. The Exchange intends to
begin to offer EDGX Summary Depth on January 3, 2017.\7\
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    \5\ ``System'' is defined as the ``the electronic communications
and trading facility designated by the Board through which
securities orders of Users Are consolidated for ranking, execution
and, when applicable, routing away.'' See Exchange Rule 1.5(cc).
    \6\ See Exchange Rule 13.8(f).
    \7\ See Reminder: Bats Global Markets to Introduce Bats Summary
Depth Feeds on January 3, 2017, http://cdn.batstrading.com/resources/release_notes/2017/Reminder-Bats-Global-Markets-to-Introduce-Bats-Summary-Depth-Feeds-on-Jan-3-2017.pdf.
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    The Exchange now proposes to amend its fee schedule to incorporate
fees for distribution of EDGX Summary Depth to subscribers.\8\ The
proposed fees include the following, each of which are described in
detail below: (i) Distribution Fees for both Internal and External
Distributors; \9\ (ii) Usage Fees for both Professional \10\ and Non-
Professional \11\ Users; (iii) an Enterprise Fee; and (iv) a Digital
Media Enterprise Fee.
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    \8\ The Exchange notes that its affiliated exchanges, Bats EDGA
Exchange, Inc. (``EDGA''), Bats BZX Exchange, Inc. (``BZX'') and
Bats BYX Exchange, Inc. (``BYX'', together with the Exchange, EDGA
and BZX, the ``Bats Exchanges''), also intent to file proposed rule
changes with Commission to adopt similar fees for their respective
Summary Depth market data product.
    \9\ A ``Distributor'' is defined as ``any entity that receives
the Exchange Market Data product directly from the Exchange or
indirectly through another entity and then distributes it internally
or externally to a third party.'' See the Exchange's fee schedule
available at http://www.bats.com/us/equities/membership/fee_schedule/edgx/. An ``Internal Distributor'' is defined as ``a
Distributor that receives the Exchange Market Data product and then
distributes that data to one or more Users within the Distributor's
own entity.'' Id. An ``External Distributor'' is defined as ``a
Distributor that receives the Exchange Market Data product and then
distributes that data to a third party or one or more Users outside
the Distributor's own entity.'' Id.''
    \10\ A ``Professional User'' is defined as ``any User other than
a Non-Professional User.'' See the Exchange's fee schedule available
at http://www.bats.com/us/equities/membership/fee_schedule/edgx/.
    \11\ A ``Non-Professional User'' is defined as ``a natural
person who is not: (i) Registered or qualified in any capacity with
the Commission, the Commodity Futures Trading Commission, any state
securities agency, any securities exchange or association, or any
commodities or futures contract market or association; (ii) engaged
as an ``investment adviser'' as that term is defined in Section
202(a)(11) of the Investment Advisers Act of 1940 (whether or not
registered or qualified under that Act); or (iii) employed by a bank
or other organization exempt from registration under federal or
state securities laws to perform functions that would require
registration or qualification if such functions were performed for
an organization not so exempt.'' Id.
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    Distribution Fees. As proposed, each Internal Distributor that
receives EDGX Summary Depth shall pay a fee of $5,000 per month. The
Exchange does not propose to charge any User fees for EDGX Summary
Depth where the data is received and subsequently internally
distributed to Professional or Non-Professional Users. In addition, the
Exchange proposes to charge also External Distributors that receive
EDGX Summary Depth a fee of $2,500 per month.
    User Fees. The Exchange proposes to charge External Distributors
that redistribute EDGX Summary Depth different fees for their
Professional Users and Non-Professional Users. The Exchange will assess
a monthly fee for Professional Users of $5.00 per User. Non-
Professional Users will be assessed a monthly fee of $0.15 per User.
The Exchange does not propose to charge per User fees to Internal
Distributors.
    External Distributors that receive EDGX Summary Depth will be
required to count every Professional User and Non-Professional User to
which they provide EDGX Summary Depth, the requirements for which are
identical to that currently in place for other market data products
offered by the Exchange.\12\ Thus, the External Distributor's count
will include every person and device that accesses the data regardless
of the purpose for which the individual or device uses the data.
External Distributors must report all Professional and Non-Professional
Users in accordance with the following:
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release Nos. 74282 (February
18, 2015); 80 FR 9487 (February 23, 2015) (SR-EDGX-2015-09)
(proposing fees for the Bats One Feed); 75397 (July 8, 2015), 80 FR
41104 (July 14, 2015) (SR-EDGX-2015-28) (proposing user fees for the
EDGX Top and Last Sale data feeds); and 75788 (August 28, 2015), 80
FR 53364 (September 3, 2015) (SR-EDGX-2015-38) (proposing fees for
EDGX Book Viewer).
---------------------------------------------------------------------------

     In connection with an External Distributor's distribution
of EDGX Summary Depth, the Distributor should count as one User each
unique User that the Distributor has entitled to have access to EDGX
Summary Depth. However, where a device is dedicated specifically to a
single individual, the Distributor should count only the individual and
need not count the device.
     The External Distributor should identify and report each
unique User. If a User uses the same unique method to gain access to
EDGX Summary Depth, the Distributor should count that as one User.
However, if a unique User uses multiple methods to gain access to EDGX
Summary Depth (e.g., a single User has multiple passwords and user
identifications), the External Distributor should report all of those
methods as an individual User.

     External Distributors should report each unique individual
person who receives access through multiple devices as one User so long
as each device is dedicated specifically to that individual.
     If an External Distributor entitles one or more
individuals to use the same device, the External Distributor should
include only the individuals, and not the device, in the count.
    Each External Distributor will receive a credit against its monthly
Distribution Fee for EDGX Summary Depth equal to the amount of its
monthly Usage Fees up to a maximum of the Distribution Fee for EDGX
Summary Depth. For example, an External Distributor will be subject to
a $2,500 monthly Distribution Fee where they receive EDGX Summary
Depth. If that External Distributor reports User quantities totaling
$2,500 or more of monthly usage of EDGX Summary Depth, it will pay no
net Distribution Fee, whereas if that same External Distributor were to
report User quantities totaling $1,500 of monthly usage, it will pay a
net of $1,000 for the Distribution Fee. External Distributors will
remain subject to the per User fees discussed above.
    Enterprise Fee. The Exchange also proposes to establish a $30,000
per month Enterprise Fee that will permit a recipient firm who receives
EDGX Summary Depth from an External Distributor to receive the data for
an unlimited number of Professional and Non-Professional Users. For
example, if a recipient firm had 15,000 Professional Users who each
receive EDGX Summary Depth at $5.00 per month, then that recipient firm
will pay $75,000 per month in Professional Users fees. Under the
proposed Enterprise Fee, the recipient firm will pay a flat fee of
$30,000 for an unlimited number of Professional and Non-Professional
Users for EDGX Summary Depth. A recipient firm must pay a separate
Enterprise Fee for each External Distributor that controls the display
of EDGX Summary Depth if it wishes such User to be covered by an
Enterprise Fee rather than by per User fees. A recipient firm that pays
the Enterprise Fee will not have to report its number of such Users on
a monthly basis. However, every six months, a recipient firm must
provide the Exchange with a count of the total number of natural person
users of each product, including both Professional and Non-Professional
Users. Lastly, the proposed Enterprise Fee would be counted towards the
Distribution Fee credit described above, under which an External
Distributor receives a credit towards its Distribution Fee equal to the
amount of its monthly EDGX Summary Depth User fees.
    Digital Media Enterprise Fee. The Exchange proposes to adopt a
Digital Media Enterprise Fee of $7,500 per month for EDGX Summary
Depth. As an alternative to proposed User fees discussed above, a
recipient firm may purchase a monthly Digital Media Enterprise license
to receive EDGX Summary Depth from an External Distributor to
distribute to an unlimited number of Professional and Non-Professional
Users for viewing via television, Web sites, and mobile devices for
informational and non-trading purposes only without having to account
for the extent of access to the data or the report the number of Users
to the Exchange. Lastly, the proposed Digital Media Enterprise Fee
would be counted towards the Distribution Fee credit described above,
under which an External Distributor receives a credit towards its
Distribution Fee equal to the amount of its monthly EDGX Summary Depth
User fees.
EDGX Depth
    EDGX Depth is an uncompressed market data feed that provides depth-
of-book quotations and execution information based on equity orders
entered into the System.\13\ Currently, the Exchange charges fees for
both internal and external distribution of EDGX Depth. The cost of EDGX
Depth for an Internal Distributor is currently $1,500 per month. The
Exchange also separately charges an External Distributor of EDGX Depth
a flat fee of $2,500 per month. The Exchange does not currently charge
Internal and External Distributors separate display User fees. The
Exchange also charges a fee for Non-Display Usage \14\ by Trading
Platforms \15\ by which subscribers to EDGX Depth are charged a fee of
$5,000 per month. This fee is assessed in addition to existing
Distribution fees. The Exchange now proposes to amend its fee schedule
to incorporate Usage Fees for both Professional and Non-Professional
Users and an Enterprise Fee for EDGX Depth. Each of these changes are
described in detail below.
---------------------------------------------------------------------------

    \13\ See Exchange Rule 13.8(a).
    \14\ The term ``Non-Display Usage'' is defined as ``any method
of accessing a Market Data product that involves access or use by a
machine or automated device without access or use of a display by a
natural person or persons.'' See the Exchange's fee schedule
available at http://www.bats.com/us/equities/membership/fee_schedule/edgx/.
    \15\ The term ``Trading Platform'' is defined as ``any execution
platform operated as or by a registered National Securities Exchange
(as defined in Section 3(a)(1) of the Exchange Act), an Alternative
Trading System (as defined in Rule 300(a) of Regulation ATS), or an
Electronic Communications Network (as defined in Rule 600(b)(23) of
Regulation NMS).'' See the Exchange's fee schedule available at
http://www.bats.com/us/equities/membership/fee_schedule/edgx/.
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    User Fees. The Exchange proposes to charge Internal and External
Distributors that redistribute EDGX Depth different fees for their
Professional Users and Non-Professional Users.\16\ The Exchange will
assess a monthly fee for Professional Users of $40.00 per User. Non-
Professional Users will be assessed a monthly fee of $5.00 per User.
Distributors that receive EDGX Depth will be required to count every
Professional User and Non-Professional User to which they provide EDGX
Depth, the requirements for which are identical to that set forth above
for EDGX Summary Depth and as currently in place for other market data
products offered by the Exchange.\17\
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    \16\ The Exchange notes that, unlike as proposed for EDGX
Summary Depth described above, both Internal and External
Distributors of EDGX Depth would be charged the same User fee for
their Professional and Non-Professional Users.
    \17\ See supra note 12 and accompanying text.
---------------------------------------------------------------------------

    Enterprise Fee. The Exchange also proposes to establish a $100,000
per month Enterprise Fee that will permit an Internal Distributor,
External Distributor, or a recipient firm who receives EDGX Depth from
an External Distributor to receive the data for an unlimited number of
Professional and Non-Professional Users. For example, if a recipient
firm had 15,000 Professional Users who each receive EDGX Depth at
$40.00 per month, then that recipient firm will pay $600,000 per month
in Professional Users fees. Under the proposed Enterprise Fee, the
recipient firm will pay a flat fee of $100,000 for an unlimited number
of Professional and Non-Professional Users for EDGX Depth. Like
proposed above for EDGX Summary Depth, a recipient firm must pay a
separate Enterprise Fee for each External Distributor that controls the
display of EDGX Depth if it wishes such User to be covered by an
Enterprise Fee rather than by per User fees. A recipient firm that pays
the Enterprise Fee will not have to report its number of such Users on
a monthly basis. However, every six months, a recipient firm must
provide the Exchange with a count of the total number of natural person
users of each product, including both Professional and Non-Professional
Users.
Implementation Date
    The Exchange intends to implement the proposed fee change on
January 3, 2017.

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\18\ in general, and
furthers the objectives of Section 6(b)(4),\19\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other recipients of
Exchange data. The Exchange believes that the proposed rates are
equitable and non-discriminatory in that they apply uniformly to all
recipients of Exchange data. The Exchange believes the proposed fees
are competitive with those charged by other venues and, therefore,
reasonable and equitably allocated to recipients. The Exchange also
believes it is reasonable to charge different rates for EDGX Depth and
EDGX Summary Depth as both products different levels of content (e.g.,
EDGX Depth contains quotations for all individual orders while EDGX
Summary Depth contains the aggregation quotation information for all
orders up to five (5) price levels). Lastly, the Exchange also believes
that the proposed fees are reasonable and non-discriminatory because
they will apply uniformly to all recipients of Exchange data.
---------------------------------------------------------------------------

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

    The Exchange also believes that the proposed rule change is
consistent with Section 11(A) of the Act \20\ in that it supports (i)
fair competition among brokers and dealers, among exchange markets, and
between exchange markets and markets other than exchange markets and
(ii) the availability to brokers, dealers, and investors of information
with respect to quotations for and transactions in securities.
Furthermore, the proposed rule change is consistent with Rule 603 of
Regulation NMS,\21\ which provides that any national securities
exchange that distributes information with respect to quotations for or
transactions in an NMS stock do so on terms that are not unreasonably
discriminatory. In adopting Regulation NMS, the Commission granted
self-regulatory organizations and broker-dealers increased authority
and flexibility to offer new and unique market data to the public. It
was believed that this authority would expand the amount of data
available to consumers, and also spur innovation and competition for
the provision of market data.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78k-1.
    \21\ 17 CFR 242.603.
---------------------------------------------------------------------------

    In addition, the proposed fees would not permit unfair
discrimination because all of the Exchange's customers and market data
vendors will be subject to the proposed fees on an equivalent basis.
EDGX Summary Depth and EDGX Depth are distributed and purchased on a
voluntary basis, in that neither the Exchange nor market data
distributors are required by any rule or regulation to make this data
available. Accordingly, Distributors and Users can discontinue use at
any time and for any reason, including due to an assessment of the
reasonableness of fees charged. Firms have a wide variety of
alternative market data products from which to choose, such as similar
proprietary data products offered by other exchanges and consolidated
data. Moreover, the Exchange is not required to make any proprietary
data products available or to offer any specific pricing alternatives
to any customers.
    In addition, the fees that are the subject of this rule filing are
constrained by competition. As explained below in the Exchange's
Statement on Burden on Competition, the existence of alternatives to
EDGX Summary Depth and EDGX Depth further ensures that the Exchange
cannot set unreasonable fees, or fees that are unreasonably
discriminatory, when vendors and subscribers can elect such
alternatives. That is, the Exchange competes with other exchanges (and
their affiliates) that provide similar market data products. If another
exchange (or its affiliate) were to charge less to distribute its
similar product than the Exchange charges to consolidate and distribute
EDGX Summary Depth and EDGX Depth, prospective Users likely would not
subscribe to, or would cease subscribing to, EDGX Summary Depth and
EDGX Depth.
    The Exchange notes that the Commission is not required to undertake
a cost-of-service or rate-making approach. The Exchange believes that,
even if it were possible as a matter of economic theory, cost-based
pricing for non-core market data would be so complicated that it could
not be done practically.\22\
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    \22\ The Exchange believes that cost-based pricing would be
impractical because it would create enormous administrative burdens
for all parties, including the Commission, to cost-regulate a large
number of participants and standardize and analyze extraordinary
amounts of information, accounts, and reports. In addition, it is
impossible to regulate market data prices in isolation from prices
charged by markets for other services that are joint products. Cost-
based rate regulation would also lead to litigation and may distort
incentives, including those to minimize costs and to innovate,
leading to further waste. Under cost-based pricing, the Commission
would be burdened with determining a fair rate of return, and the
industry could experience frequent rate increases based on
escalating expense levels. Even in industries historically subject
to utility regulation, cost-based ratemaking has been discredited.
As such, the Exchange believes that cost-based ratemaking would be
inappropriate for proprietary market data and inconsistent with
Congress's direction that the Commission use its authority to foster
the development of the national market system, and that market
forces will continue to provide appropriate pricing discipline. See
Appendix C to NYSE's comments to the Commission's 2000 Concept
Release on the Regulation of Market Information Fees and Revenues,
which can be found on the Commission's Web site at http://www.sec.gov/rules/concept/s72899/buck1.htm. See also Securities
Exchange Act Release No. 73816 (December 11, 2014), 79 FR 75200
(December 17, 2014) (SR-NYSE-2014-64) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change to Establish an
Access Fee for the NYSE Best Quote and Trades Data Feed, Operative
December 1, 2014).
---------------------------------------------------------------------------

EDGX Summary Depth
    Distribution Fee. The Exchange believes that the proposed
Distribution Fees are also reasonable, equitably allocated, and not
unreasonably discriminatory. The fees for Members and non-Members are
uniform except with respect to reasonable distinctions with respect to
internal and external distribution. The Exchange believes that the
Distribution Fees for EDGX Summary Depth are reasonable and fair in
light of alternatives offered by other market centers. For example,
EDGX Summary Depth provides investors with alternative market data and
competes with similar market data product currently offered by the New
York Stock Exchange, Inc. (``NYSE'') and the Nasdaq Stock Market LLC
(``Nasdaq'').\23\ Specifically, the NYSE charges an access fee of
$5,000 per month for NYSE OpenBook-Aggregated,\24\ which is more than
the External Distribution fee proposed herein for EDGX Summary Depth.
---------------------------------------------------------------------------

    \23\ See Nasdaq Rule 7023(a)(1)(C) (describing Nasdaq TotalView
is a depth-of-book data feed that includes all orders and quotes
from all Nasdaq members displayed in the Nasdaq Market Center as
well as the aggregate size of such orders and quotes at each price
level in the execution functionality of the Nasdaq Market Center).
See also Nasdaq Book Viewer, a description of which is available at
https://data.nasdaq.com/Book Viewer.aspx. See NYSE OpenBook
available at http://www.nyxdata.com/openbook (providing real-time
view of the NYSE limit order book).
    \24\ See NYSE Market Data Pricing dated November 2016 available
at http://www.nyxdata.com/. Nasdaq charges distribution fees ranging
from $375 for 1-39 subscribers to $75,000 for more than 250
subscribers. See Nasdaq Rule 7023(b)(4).
---------------------------------------------------------------------------

    User Fees. The Exchange believes that implementing the Professional
and Non-Professional User fees for EDGX Summary Depth are equitable and
reasonable because they will result in greater availability to
Professional and Non-Professional Users. Moreover, introducing a modest
Non-Professional User fee for EDGX Summary Depth is reasonable because
it provides an additional method for retail investors to

access EDGX Summary Depth data by providing the same data that is
available to Professional Users. The Exchange believes that the
proposed fees are equitable and not unfairly discriminatory because
they will be charged uniformly to recipient firms and Users. The fee
structure of differentiated Professional and Non-Professional fees is
utilized by the Exchange for the Bats One Feed and has long been used
by other exchanges for their proprietary data products, and by the
Nasdaq UTP and the CTA and CQ Plans in order to reduce the price of
data to retail investors and make it more broadly available.\25\
Offering EDGX Summary Depth to Non-Professional Users with the same
data available to Professional Users results in greater equity among
data recipients.
---------------------------------------------------------------------------

    \25\ See Securities Exchange Act Release Nos. 74285 (February
18, 2015), 80 FR 9828 (February 24, 2015) (SR-BATS-2015-11); 74283
(February 18, 2015), 80 FR 9809 (February 24, 2015) (SR-EDGA-2015-
09); 74282 (February 17, 2015), 80 FR 9487 (February 23, 2015) (SR-
EDGX-2015-09); and 74284 (February 18, 2015), 80 FR 9792 (February
24, 2015) (SR-BYX-2015-09) (``Initial BATS One Feed Fee Filings'').
See also, e.g., Securities Exchange Act Release No. 20002, File No.
S7-433 (July 22, 1983) (establishing nonprofessional fees for CTA
data); and Nasdaq Rules 7023(b), 7047.
---------------------------------------------------------------------------

    In addition, the proposed fees are reasonable when compared to
similar fees for comparable products offered by the NYSE and Nasdaq.
Specifically, NYSE offers NYSE OpenBook for a monthly fee of $60.00 per
professional subscriber and $15 per non-professional subscriber.\26\
Nasdaq offers Nasdaq TotalView-Aggregated for a monthly fee of $70.00
per professional subscriber and $14 per non-professional
subscriber.\27\ The Exchange's proposed per User Fees for EDGX Summary
Depth are less than the NYSE and Nasdaq fees.
---------------------------------------------------------------------------

    \26\ See NYSE Market Data Pricing dated November 2016 available
at http://www.nyxdata.com/.
    \27\ See Nasdaq Rule 7023(b)(2).
---------------------------------------------------------------------------

    Enterprise Fee. The proposed Enterprise Fee for EDGX Summary Depth
is equitable and reasonable as the fees proposed are less than the
enterprise fees currently charged for Nasdaq TotalView-Aggregated.
Nasdaq charges an enterprise fee of $100,000 per month for Nasdaq
TotalView-Aggregated,\28\ which is far greater than the proposed
Enterprise Fee of $30,000 per month for EDGX Summary Depth. In
addition, the Enterprise Fee proposed by the Exchange could result in a
fee reduction for recipient firms with a large number of Professional
and Non-Professional Users. If a recipient firm has a smaller number of
Professional Users of EDGX Summary Depth, then it may continue using
the per User structure and benefit from the per User Fee reductions. By
reducing prices for recipient firms with a large number of Professional
and Non-Professional Users, the Exchange believes that more firms may
choose to receive and to distribute EDGX Summary Depth, thereby
expanding the distribution of this market data for the benefit of
investors.
---------------------------------------------------------------------------

    \28\ See Nasdaq Rule 7023(c)(2) (stating that a distributor that
is also a broker-dealer pays a monthly fee of $100,000 for the right
to provide Nasdaq TotalView and for display usage for internal
distribution, or for external distribution to both professional and
non-professional subscribers with whom the firm has a brokerage
relationship.) Nasdaq also charges an enterprise fee of $25,000 to
provide Nasdaq TotalView to an unlimited number of non-professional
subscribers only. See Nasdaq Rule 7023(c)(1).
---------------------------------------------------------------------------

    The Exchange further believes that the proposed Enterprise Fee is
reasonable because it will simplify reporting for certain recipients
that have large numbers of Professional and Non-Professional Users.
Firms that pay the proposed Enterprise Fee will not have to report the
number of Users on a monthly basis as they currently do, but rather
will only have to count natural person users every six months, which is
a significant reduction in administrative burden. Finally, the Exchange
believes that it is equitable and not unfairly discriminatory to
establish an Enterprise Fee because it reduces the Exchange's costs and
the Distributor's administrative burdens in tracking and auditing large
numbers of Users.
    Digital Media Enterprise Fee. The Exchange believes that the
proposed Digital Media Enterprise Fee for EDGX Summary Depth provides
for an equitable allocation of reasonable fees among recipients of the
data and is not designed to permit unfair discrimination among
customers, brokers, or dealers. In establishing the Digital Media
Enterprise Fee, the Exchange recognizes that there is demand for a more
seamless and easier-to-administer data distribution model that takes
into account the expanded variety of media and communication devices
that investors utilize today. The Exchange believes the Digital Media
Enterprise Fee will be easy to administer because data recipients that
purchase it would not be required to differentiate between Professional
and Non-Professional Users, account for the extent of access to the
data, or report the number of Users. This is a significant reduction on
a recipient firm's administrative burdens and is a significant value to
investors. For example, a television broadcaster could display EDGX
Summary Depth data during market-related programming and on its Web
site or allow viewers to view the data via their mobile devices,
creating a more seamless distribution model that will allow investors
more choice in how they receive and view market data, all without
having to account for and/or measure who accesses the data and how
often they do so.
    The proposed Digital Media Enterprise Fee is equitable and
reasonable because it will also enable recipient firms to more widely
distribute data from EDGX Summary Depth to investors for informational
purposes at a lower cost than is available today. For example, a
recipient firm may purchase an Enterprise license in the amount of
$30,000 per month for to receive EDGX Summary Depth from an External
Distributor for an unlimited number of Professional and Non-
Professional Users, which is greater than the proposed Digital Media
Enterprise Fee. The Exchange also believes the amount of the Digital
Media Enterprise Fee is reasonable as compared to the existing
enterprise fees discussed above because the distribution of EDGX
Summary Depth data is limited to television, Web sites, and mobile
devices for informational purposes only, while distribution of EDGX
Summary Depth data pursuant to an Enterprise license contains no such
limitation. The Exchange also believes that the proposed Digital Media
Enterprise Fee is equitable and reasonable because it is less than
similar fees charged by other exchanges.\29\
---------------------------------------------------------------------------

    \29\ Nasdaq offers proprietary data products for distribution
over the internet and television under alternative fee schedules
that are subject to maximum fee of $50,000 per month. See Nasdaq
Rule 7039(b). The NYSE charges a Digit Media Enterprise fee of
$40,000 per month for the NYSE Trade Digital Media product. See
Securities Exchange Act Release No. 69272 (April 2, 2013), 78 FR
20983 (April 8, 2013) (SR-NYSE-2013-23).
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EDGX Depth
    User Fees. The Exchange believes that implementing the Professional
and Non-Professional User fees for EDGX Depth are equitable and
reasonable because they will result in greater availability to
Professional and Non-Professional Users. Moreover, introducing a modest
Non-Professional User fee for EDGX Depth is reasonable because it
provides an additional method for retail investors to access EDGX Depth
data by providing the same data that is available to Professional
Users. The Exchange believes that the proposed fees are equitable and
not unfairly discriminatory because they will be charged uniformly to
recipient firms and Users. The fee structure of differentiated
Professional and Non-Professional fees is utilized by the

Exchange and has long been used by other exchanges for their
proprietary data products, and by the Nasdaq UTP and the CTA and CQ
Plans in order to reduce the price of data to retail investors and make
it more broadly available.\30\ Offering EDGX Depth to Non-Professional
Users with the same data available to Professional Users results in
greater equity among data recipients. The Exchange also believes it is
equitable, reasonable, and not unfairly discriminatory to charge User
fees to Internal Distributors, as such fees are currently charged by
NYSE and Nasdaq.\31\
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    \30\ See supra note 24.
    \31\ See supra notes 24 and 25 (not limiting the application of
user fees to external distribution only).
---------------------------------------------------------------------------

    In addition, the proposed fees are reasonable when compared to
similar fees for comparable products offered by the NYSE and Nasdaq.
Specifically, NYSE offers NYSE OpenBook Ultra for a monthly fee of
$60.00 per professional subscriber and $15 per non-professional
subscriber.\32\ Nasdaq offers Nasdaq TotalView-ITCH for a monthly fee
of $70.00 per professional subscriber and $14 per non-professional
subscriber.\33\ The Exchange's proposed per User Fees for EDGX Depth
are less than the NYSE and Nasdaq fees.
---------------------------------------------------------------------------

    \32\ See supra note 25.
    \33\ See supra note 26.
---------------------------------------------------------------------------

    Enterprise Fee. The proposed Enterprise Fee for EDGX Depth is
equitable and reasonable as compared to the enterprise fees currently
charged for Nasdaq TotalView-ITCH. Nasdaq charges an enterprise fee of
$100,000 per month for Nasdaq TotalView-ITCH,\34\ which is equal to the
proposed Enterprise Fee of $100,000 per month for EDGX Depth. In
addition, the Enterprise Fee proposed by the Exchange could result in a
fee reduction for recipient firms with a large number of Professional
and Non-Professional Users. If a recipient firm has a smaller number of
Professional Users of EDGX Depth, then it may continue using the per
User structure and benefit from the per User Fee reductions. By
reducing prices for recipient firms with a large number of Professional
and Non-Professional Users, the Exchange believes that more firms may
choose to receive and to distribute EDGX Depth, thereby expanding the
distribution of this market data for the benefit of investors.
---------------------------------------------------------------------------

    \34\ See supra note 27.
---------------------------------------------------------------------------

    The Exchange further believes that the proposed Enterprise Fee is
reasonable because it will simplify reporting for certain recipients
that have large numbers of Professional and Non-Professional Users.
Firms that pay the proposed Enterprise Fee will not have to report the
number of Users on a monthly basis as they currently do, but rather
will only have to count natural person users every six months, which is
a significant reduction in administrative burden. Finally, the Exchange
believes that it is equitable and not unfairly discriminatory to
establish an Enterprise Fee because it reduces the Exchange's costs and
the Distributor's administrative burdens in tracking and auditing large
numbers of Users.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
Exchange's ability to price EDGX Depth and EDGX Summary Depth is
constrained by: (i) Competition among exchanges, other trading
platforms, and Trade Reporting Facilities (``TRF'') that compete with
each other in a variety of dimensions; (ii) the existence of
inexpensive real-time consolidated data and market-specific data and
free delayed data; and (iii) the inherent contestability of the market
for proprietary data.
    The Exchange and its market data products are subject to
significant competitive forces and the proposed fees represent
responses to that competition. To start, the Exchange competes
intensely for order flow. It competes with the other national
securities exchanges that currently trade equities, with electronic
communication networks, with quotes posted in FINRA's Alternative
Display Facility, with alternative trading systems, and with securities
firms that primarily trade as principal with their customer order flow.
    In addition, EDGX Summary Depth and EDGX Depth compete with a
number of alternative products. For instance, EDGX Summary Depth and
EDGX Depth do provide a complete picture of all trading activity in a
security. Rather, the other national securities exchanges, the several
TRFs of FINRA, and Electronic Communication Networks (``ECN'') that
produce proprietary data all produce trades and trade reports. Each is
currently permitted to produce last sale information products, and many
currently do, including Nasdaq and NYSE. In addition, market
participants can gain access to EDGX last sale and depth-of-book
quotations, though integrated with the prices of other markets, on
feeds made available through the SIPs.
    In sum, the availability of a variety of alternative sources of
information imposes significant competitive pressures on Exchange data
products and the Exchange's compelling need to attract order flow
imposes significant competitive pressure on the Exchange to act
equitably, fairly, and reasonably in setting the proposed data product
fees. The proposed data product fees are, in part, responses to that
pressure. The Exchange believes that the proposed fees would reflect an
equitable allocation of its overall costs to users of its facilities.
    In addition, when establishing the proposed fees, the Exchange
considered the competitiveness of the market for proprietary data and
all of the implications of that competition. The Exchange believes that
it has considered all relevant factors and has not considered
irrelevant factors in order to establish fair, reasonable, and not
unreasonably discriminatory fees and an equitable allocation of fees
among all Users. The existence of alternatives to EDGX Depth and EDGX
Summary Depth, including existing similar feeds by other exchanges,
consolidated data, and proprietary data from other sources, ensures
that the Exchange cannot set unreasonable fees, or fees that are
unreasonably discriminatory, when vendors and subscribers can elect
these alternatives or choose not to purchase a specific proprietary
data product if its cost to purchase is not justified by the returns
any particular vendor or subscriber would achieve through the purchase.
    Lastly, the Exchange represents that the increase in pricing of
EDGX Depth and the proposed pricing of the EDGX Summary Feed would
continue to enable a competing vendor to create a competing product to
the Exchange's Bats One Feed on the same price and latency basis as the
Exchange. The Bats One Feed is a data feed that disseminates, on a
real-time basis, the aggregate BBO of all displayed orders for
securities traded on each of the Bats Exchanges and for the Bats
Exchanges report quotes under the CTA Plan or the Nasdaq/UTP Plan. The
Bats One Feed also contains the individual last sale information for
the Bats Exchanges (collectively with the aggregate BBO, the ``Bats One
Summary Feed''). In addition, the Bats One Feed contains optional
functionality which enables recipients to receive aggregated two-sided
quotations from the Bats Exchanges for up to five (5) price levels

(``Bats One Premium Feed'').\35\ The Exchange uses the following data
feeds to create the Bats One Feed, each of which are available to
vendors: EDGX Depth, EDGA Depth, BYX Depth, and the BZX Depth.
---------------------------------------------------------------------------

    \35\ See Exchange Rule 13.8(b). See also Securities Exchange Act
Release No. 73918 (December 23, 2014), 79 FR 78920 (December 31,
2014) (File Nos. SR-EDGX-2014-25; SR-EDGA-2014-25; SR-BATS-2014-055;
SR-BYX-2014-030) (Notice of Amendments No. 2 and Order Granting
Accelerated Approval to Proposed Rule Changes, as Modified by
Amendments Nos. 1 and 2, to Establish a New Market Data Product
called the Bats One Feed) (``Bats One Approval Order'').
---------------------------------------------------------------------------

    When adopting the Bats One Feed, the Exchange represented that a
vendor could create a competing product based in the data feed used to
construct the Bats One Feed on the same cost and latency basis as the
Exchange.\36\ Therefore, the Exchange designed the pricing of these
products so that their aggregate cost is not greater than the Bats One
Feed, thereby enabling a vendor to create a competing product to the
Bats One Feed on the same cost basis as the Exchange. However, the
Exchange now proposes to increase the cost of EDGX Depth, which when
combined with the proposed increases by its affiliates for their depth
products, would cause their aggregate cost to be higher than the Bats
One Premium Feed.\37\ However, to ensure that a vendor could continue
to create a competing product to the Bats One Premium Feed at no
greater cost, that vendor could now utilize EDGX Summary Depth, as well
as the Summary Depth feeds of EDGA, BZX, and BYX to create a competing
product to the Bats One Premium Feed for less cost and on the same
latency basis as the Exchange.\38\ The Exchange has designed the
content and pricing of EDGX Summary Depth, and related products by its
affiliates, so that a vendor could utilize those feeds, in lieu of the
Bats Exchange's existing depth-of-book products, to construct a
competing product on the same cost and latency basis as the Exchange.
The pricing the Exchange and its affiliates propose to charge for
Summary Depth feeds would be lower than the cost to obtain the Bats One
Premium Feed.\39\ Such pricing would continue to enable a vendor to
receive each of the Bats Exchange's Summary Depth feeds and offer a
similar product to the Bats One Premium Feed on a competitive basis and
at no greater cost than the Exchange.
---------------------------------------------------------------------------

    \36\ Id.
    \37\ The Exchange notes that a vendor seeking to create a
product to compete with the Bats One Summary Feed may continue to
utilize each of the Bats Exchange's Top and Last Sale data feeds,
the aggregate cost of which is less than the Bats One Summary Feed.
    \38\ While the proposed EDGX Summary Depth feed does not contain
the symbol summary or consolidated volume data included in the Bats
One Feed, a vendor could include this information in a competing
product as this information is easily derivable from the proposed
feeds or can be obtained from the securities information processors
on the same terms as the Exchange.
    \39\ While the aggregate cost of each of the Bats Exchange's
Summary Depth Products equals the cost of the Bats One Premium Feed,
the cost of the Bats One Feed continues to be greater because
subscribers are required to pay an additional $1,000 aggregation
fee. See the Exchange's fee schedule available at http://www.bats.com/us/equities/membership/fee_schedule/edgx/.
---------------------------------------------------------------------------

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \40\ and paragraph (f) of Rule 19b-4
thereunder.\41\ 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.
---------------------------------------------------------------------------

    \40\ 15 U.S.C. 78s(b)(3)(A).
    \41\ 17 CFR 240.19-b4(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-2016-73 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsEDGX-2016-73. 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 available publicly. All
submissions should refer to File Number SR-BatsEDGX-2016-73, and should
be submitted on or before January 13, 2017.
---------------------------------------------------------------------------

    \40\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\40\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-30941 Filed 12-22-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50661-50662]
[FR Doc No: 2017-23716]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4346-DR; Docket ID FEMA-2017-0001]

South Carolina; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of South Carolina (FEMA-4346-DR), dated October
16, 2017, and related determinations.

DATES: The declaration was issued October 16, 2017.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 16, 2017, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of South Carolina resulting from Hurricane Irma during the period of
September 6-13, 2017, is of sufficient severity and magnitude to
warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of South Carolina.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Warren J. Riley, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of South Carolina have been
designated as adversely affected by this major disaster:

    Allendale, Anderson, Bamberg, Barnwell, Beaufort, Berkeley,
Charleston, Colleton, Dorchester, Edgefield, Georgetown, Hampton,
Jasper, McCormick, Oconee, and Pickens Counties for Public
Assistance.
    All areas within the State of South Carolina are eligible for
assistance under the Hazard Mitigation Grant Program.

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

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-23716 Filed 10-31-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Notices]
[Pages 55248-55249]
[FR Doc No: 2013-21957]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP13-1311-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits tariff filing per
154.204: In Field Transfers to be effective 10/3/2013.
    Filed Date: 9/3/13.
    Accession Number: 20130903-5109.
    Comments Due: 5 p.m. ET 9/16/13.

    Docket Numbers: RP13-1312-000.
    Applicants: Millennium Pipeline Company, LLC.
    Description: Negotiated Rate Service Agreement--Contract No. 142902
to be effective 10/1/2013.
    Filed Date: 9/3/13.
    Accession Number: 20130903-5137.
    Comments Due: 5 p.m. ET 9/16/13.

    Docket Numbers: RP13-1294-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Columbia Gulf Transmission, LLC Annual Cash-Out Report
under RP13-1294.
    Filed Date: 8/30/13.
    Accession Number: 20130830-5042.
    Comments Due: 5 p.m. ET 9/11/13.

    Docket Numbers: RP13-1298-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: Colorado Interstate Gas Company, L.L.C.'s Annual
Operational Purchases and Sales Report under RP13-1298.
    Filed Date: 8/30/13.
    Accession Number: 20130830-5102.
    Comments Due: 5 p.m. ET 9/11/13.

    Docket Numbers: RP13-1303-000.
    Applicants: Cheyenne Plains Gas Pipeline Company LLC.
    Description: Application to Request Limited Waiver of certain
Capacity Release Tariff Provisions of Cheyenne Plains Gas Pipeline
Company, L.L.C. under RP13-1303.
    Filed Date: 8/30/13.
    Accession Number: 20130830-5148.
    Comments Due: 5 p.m. ET 9/11/13.

    Docket Numbers: RP13-1304-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: Application of Colorado Interstate Gas Company, L.L.C.
requesting limited waiver of a capacity release tariff provision uner
RP13-1304.
    Filed Date: 8/30/13.
    Accession Number: 20130830-5149.
    Comments Due: 5 p.m. ET 9/11/13.

    Docket Numbers: RP13-1307-000.
    Applicants: MarkWest Pioneer, L.L.C.
    Description: Quarterly Fuel Adjustment Filing of MarkWest Pioneer,
L.L.C. under RP13-1307.
    Filed Date: 8/30/13.
    Accession Number: 20130830-5168.
    Comments Due: 5 p.m. ET 9/11/13.

    Docket Numbers: RP08-257-000.
    Applicants: Saltville Gas Storage Company L.L.C.
    Description: Petition to Amend Stipulation and Agreement and Motion
for Shortened Answer Period and Request for Expedited Action of
Saltville Gas Storage Company L.L.C. under RP08-257.
    Filed Date: 8/28/13.
    Accession Number: 20130828-5195.
    Comments Due: 5 p.m. ET 9/4/13.

    Any person desiring to intervene or protest in any of the above
proceedings

must file in accordance with Rules 211 and 214 of the Commission's
Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern
time on the specified comment date. Protests may be considered, but
intervention is necessary to become a party to the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP13-1105-002.
    Applicants: Energy West Development, Inc.
    Description: Compliance Filing to 151 to be effective 12/1/2012.
    Filed Date: 9/4/13.
    Accession Number: 20130904-5053.
    Comments Due: 5 p.m. ET 9/16/13.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 4, 2013.
 Nathaniel J. Davis, Sr.,
 Deputy Secretary.
[FR Doc. 2013-21957 Filed 9-9-13; 8:45 am]
BILLING CODE 6717-01-P