[Federal Register: October 26, 2011 (Volume 76, Number 207)]
[Notices]
[Page 66348-66349]
[DOCID:fr26oc11-109]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: FAA Airport
Master Record

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on August 24, 2011, vol. 76, no. 164, page 53025. The Airport
Safety Data Program involves the collection and dissemination of civil
aeronautics information.

DATES: Written comments should be submitted by November 25, 2011.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
e-mail at: Kathy A. DePaepe @faa.gov.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0015.
    Title: FAA Airport Master Record.
    Form Numbers: FAA Forms 5010-1, 5010-2, 5010-3, 5010-5.
    Type of Review: Renewal of an information collection.
    Background: 49 U.S.C. 329(b) empowers and directs the Secretary of
Transportation to collect and disseminate information on civil
aeronautics. Aeronautical information is required to be collected by
the FAA in order to carry out agency missions such as those related to
aviation flying safety, flight planning, airport engineering and
federal grants analysis, aeronautical chart and flight information
publications, and the promotion of air commerce as required by statute.
    Respondents: Approximately 19,800 airport owners/managers and state
inspectors.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 1 hour.
    Estimated Total Annual Burden: 8,870 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to oira_
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity

of the information collection; and (d) ways that the burden could be
minimized without reducing the quality of the collected information.
The agency will summarize and/or include your comments in the request
for OMB's clearance of this information collection.

    Issued in Washington, DC, on October 20, 2011.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2011-27709 Filed 10-25-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Page 60153]
[FR Doc No: 2014-23756]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-2956-000]

Hoopeston Wind, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Hoopeston Wind, LLC's application for market-based rate authority,
with an accompanying rate schedule, noting that such application
includes a request for blanket authorization, under 18 CFR Part 34, of
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability is October 20, 2014.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 30, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-23756 Filed 10-3-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23891-23893]
[FR Doc No: 2017-10590]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80722; File No. SR-GEMX-2017-13]

Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Exchange's Schedule of Fees To Offer the Historical GEMX Open/Close
Trade Profile

May 18, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 5, 2017, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I and II, below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Schedule of Fees to
offer the historical GEMX Open/Close Trade Profile, which will offer
historical opening and closing trade data for each GEMX-listed option
on both an intraday and end-of-day basis, as described further below.
    The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Schedule of Fees to offer the
historical GEMX Open/Close Trade Profile, which will offer historical
opening and closing trade data for GEMX-listed options on both an
intraday and end-of-day basis. The data provided with this product is
similar to the historical data provided with the ISE Open/Close Trade
Profile products.\3\ The Exchange is prepared to offer this product
upon filing.
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    \3\ Nasdaq ISE, Schedule of Fees, Chapter VIII (Market Data), A
(Nasdaq ISE Open/Close Trade Profile End of Day) and B (Nasdaq ISE
Open/Close Trade Profile Intraday); see also Securities Exchange Act
Release 56254 (August 15, 2007) 72 FR 47104 (August 22, 2007) (SR-
ISE-2007-70).
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    The historical GEMX Open/Close Trade Profile, available to both
members and non-members, will provide subscribers with the ability to
analyze trade and volume data for options and create and test trading
models and analytical strategies. The service will provide over 80
fields of data for GEMX-listed options, which will include an ``Origin
Code'' \4\ identifying the type of trader participating in a
transaction; data on opening buys and sells and closing buys and sells;
\5\ trading volume and number of trades information summarized by day
and series; a code indicating the degree to which a series is ``in'' or
``out'' of the ``money''; \6\ the

number of days to expiration; an indication of the degree to which
there is ``Open Interest'' \7\ for each series; and a comparison of the
volume of trading at GEMX relative to the industry as a whole. The data
will help subscribers understand the market, identifying, for example,
the types of market participants--Customers, Professional Customers,
Firms or Market Makers--trading in certain options or engaging in
particular trading strategies.
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    \4\ The ``Origin Code'' identifies the type of trader involved
in a transaction: Customer, Professional Customer, Firm or Market
Maker. ``Customer'' includes both retail and institutional
customers. A ``Professional Customer'' is a high-activity customer
that enters into more than 390 orders per day over the course of a
one-month period. A ``Firm'' is a broker-dealer trading in its own
proprietary account or on behalf of another broker-dealer. A
``Market Maker'' is a broker-dealer that assumes the risk of holding
a position in a series to facilitate trading.
    \5\ An opening buy is a transaction that creates or increases a
long position and an opening sell is a transaction that creates or
increases a short position. A closing buy is a transaction made to
close out an existing position. A closing sell is a transaction to
reduce or eliminate a long position.
    \6\ The degree to which a series is ``in'' or ``out'' of the
``money'' will be identified according to the following five levels
of ``moneyness'': (i) ``Deep in the Money'' means that the strike
price of this option is more than 12% lower than the price of the
underlying security if it is a call or more than 12% higher if it is
a put; (ii) ``In the Money'' means that the strike price of this
option is within the range of 5%-12% lower than the price of the
underlying security if it is a call or within the range of 5%-12%
higher if it is a put; (iii) ``At the Money'' means that the strike
price of this option is within the range of 5% higher or lower than
the price of the underlying security; (iv) ``Out of the Money''
means that the strike price of this option is within the range of
5%-12% higher than the price of the underlying security if it is a
call or 5%-12% lower if it is a put; and (v) ``Deep out of the
Money'' means that the strike price of this option is more than 12%
higher than the price of the underlying security if it is a call or
more than 12% lower if it is a put.
    \7\ ``Open Interest'' is the total number of outstanding
contracts for each series across all options exchanges for the trade
date of the file.
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    Requests for end-of-day data will be charged $400 per request per
month, and requests for intraday data (available in 10 minute
increments) will be charged $750 per request per month. Historical data
is available starting in August 2013.
    The proposed rule change is fair and reasonable and will increase
transparency in the market by making previously unavailable data on
GEMX-listed options available to both members and non-members. This
newly-available data will allow firms to create and test trading models
and analytical strategies that may be used to improve market
performance.
    The proposed fees are entirely optional in that they apply only to
firms that elect to purchase these products. The proposed changes do
not impact the cost of any other GEMX product.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\8\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\9\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees, and other charges among
members and issuers and other persons using any facility, and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \10\
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    \10\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
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    Likewise, in NetCoalition v. Securities and Exchange Commission
\11\ (``NetCoalition'') the D.C. Circuit upheld the Commission's use of
a market-based approach in evaluating the fairness of market data fees
against a challenge claiming that Congress mandated a cost-based
approach.\12\ As the court emphasized, the Commission ``intended in
Regulation NMS that `market forces, rather than regulatory
requirements' play a role in determining the market data . . . to be
made available to investors and at what cost.'' \13\
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    \11\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \12\ See NetCoalition, at 534-535.
    \13\ Id. at 537.
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    Further, ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers'. . . .'' \14\ Although the court and
the SEC were discussing the cash equities markets, the Exchange
believes that these views apply with equal force to the options
markets.
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    \14\ Id. at 539 (quoting Securities Exchange Act Release No.
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008)
(SR-NYSEArca-2006-21)).
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    The Exchange believes that the creation of the historical GEMX
Open/Close Trade Profile product is reasonable and equitable in
accordance with Section 6(b)(4) of the Act, and not unreasonably
discriminatory in accordance with Section 6(b)(5) of the Act. The
proposed changes will increase transparency by allowing firms currently
unable to access the information contained in the GEMX Open/Close Trade
Profile the ability to analyze option trade and volume data and create
and test trading models and analytical strategies. The proposed fees,
like all proprietary data fees, are constrained by the Exchange's need
to compete for order flow, and are subject to competition from other
options exchanges.\15\ The proposed fees are not unfairly
discriminatory because the Exchange will apply the same fee to all
similarly-situated subscribers.
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    \15\ The Exchange notes that the fees for the proposed product
are less than the fees for similar products sold by the Nasdaq ISE
exchange. See Nasdaq ISE, Schedule of Fees, Chapter VIII (Market
Data), A (Nasdaq ISE Open/Close Trade Profile End of Day) and B
(Nasdaq ISE Open/Close Trade Profile Intraday).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed changes will amend
the Exchange's Schedule of Fees to offer the historical GEMX Open/Close
Trade Profile, which will offer historical opening and closing trade
data for GEMX-listed options on both an intraday and end-of-day basis.
End-of-day data will be available for $400 per request per month, and
intraday data will be available for $750 per request per month.
    GEMX market data fees are constrained by competition among
exchanges and other entities seeking to attract order flow, and the
existence of substitutes that are offered, or may be offered, by other
entities. Order flow is the ``life blood'' of the exchanges. For a
variety of reasons, competition from new entrants, especially for order
execution, has increased dramatically over the last decade, as
demonstrated by the proliferation of new options exchanges such as EDGX
Exchange and MIAX Options within the last four years. Each options
exchange is permitted to produce proprietary data products.
    The markets for order flow and proprietary data are inextricably
linked: A trading platform cannot generate market information unless it
receives trade orders. As a result, the competition for order flow
constrains the prices that platforms can charge for proprietary data
products. Firms make decisions on how much and what types of data to
consume based on the total cost of interacting with GEMX and other
exchanges. Data fees are but one factor in a total platform analysis.
If the cost of the product exceeds its expected value, the prospective
customer will choose not to buy it. A supracompetitive increase in the
fees charged for either transactions or proprietary data has the
potential to impair revenues from both products.
    The price of options data is also constrained by the existence of
multiple substitutes offered by a number of entities, and non-
proprietary data disseminated by the Options Price Reporting Authority,
LLC (``OPRA'').

OPRA is a securities information processor that disseminates last sale
reports and quotations, as well as the number of options contracts
traded, open interest and end-of-day summaries. Many customers that
obtain information from OPRA do not also purchase proprietary data, but
in cases in which customers buy both products, they may shift
purchasing decisions based on price changes. OPRA constrains the price
of proprietary data products on options exchanges because no customer
would pay an excessive price for these products when they already have
data from OPRA. Similarly, no customer would pay an excessive price for
Exchange data when they have the ability to obtain similar proprietary
data from other exchanges. It is not necessary that products be
identical in order to be reasonable substitutes for each other.
    For these reasons, the competition for order flow and the existence
of multiple substitutes will constrain prices for the GEMX Trade
Profile product. Accordingly, the Exchange does not believe that the
proposed changes will impair the ability of members or competing order
execution venues to maintain their competitive standing in the
financial markets.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \16\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\17\
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    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \18\ normally
does not become operative for 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \19\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay so that the Exchange can
immediately offer subscribers the historical GEMX Open/Close Trade
Profile. The Exchange represents that waiver of the 30-day operative
delay would allow it to provide data to customers who have expressed a
specific interest in purchasing it. The Exchange also represents that
the data is purely historical and only of use to create and test
trading models and analytical strategies, similar data is already being
provided by the ISE, and the purchase of such data is purely optional.
The Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the 30-day operative delay and
designates the proposed rule change operative upon filing.\20\
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    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-GEMX-2017-13 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-GEMX-2017-13. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-GEMX-2017-13 and should be
submitted on or before June 14, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10590 Filed 5-23-17; 8:45 am]
 BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 30, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2001-9518

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AEROVIAS de MEXICO, S.A. de C.V.
                             Date Filed:  April 13, 2004

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct scheduled, combination service between
Acapulco, Mexico, and Los Angeles, California.

If renewal, date and citation of last action:  April 22, 2003, in this
Docket.

Applicant representative:  William C. Evans,<PHONE_NUMBER>       DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.
                                           Action date:  April 30, 2004

Effective dates of authority granted:  April 30, 2004, through April 30,
2005.

Basis for approval (bilateral agreement/reciprocity):  United
States-Mexico Air Transport Services Agreement.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions.

Special conditions/Remarks:

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp