[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18795-18797]
[FR Doc No: 2017-08062]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80474; File No. SR-Phlx-2017-30]

Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Pricing Schedule

April 17, 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 April 7, 2017, NASDAQ PHLX LLC (``Phlx'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to proposal [sic] to amend the Exchange's
Pricing Schedule at Section B, entitled ``Customer Rebate Program,''
Section II, entitled ``Multiply Listed Options Fees,'' \3\ and Section
IV, Part B entitled ``FLEX Transaction Fees'' \4\ to remove references
to MNX.\5\
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    \3\ These fees include options overlying equities, ETFs, ETNs
and indexes which are Multiply Listed.
    \4\ Multiply Listed Options includes options overlying equities,
ETFs, ETNs and indexes which are Multiply Listed.
    \5\ MNX represents options on one-tenth the value of the Nasdaq
100 Index traded under the symbol MNX (``MNX'').
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    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqphlx.cchwallstreet. com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's
Pricing Schedule at Section B, entitled ``Customer Rebate Program,''
Section II, entitled ``Multiply Listed Options Fees,'' and Section IV,
Part B entitled ``FLEX Transaction Fees'' to remove references to MNX.
    The Exchange is delisting MNX on Phlx on April 7, 2017. As a result
of delisting MNX, the Exchange is removing references from its Pricing
Schedule to specific pricing for MNX. No market participant would be
able to trade an option overlying MNX on Phlx once it is delisted.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\6\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\7\ 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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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that

current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \8\
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    \8\ 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 \9\
(``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.\10\ 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.'' \11\
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    \9\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \10\ See NetCoalition, at 534-535.
    \11\ 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' . . . .'' \12\ 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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    \12\ 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's proposal to remove references from its Pricing
Schedule to specific pricing for MNX is reasonable because the Exchange
is delisting MNX on Phlx on April 7, 2017 and the specific pricing for
MNX would not be applicable.
    The Exchange's proposal to remove references from its Pricing
Schedule to specific pricing for MNX is equitable and not unfairly
discriminatory because no market participant would be able to trade an
option overlying MNX on Phlx once it is delisted.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. Because
competitors are free to modify their own fees in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited. In
sum, if the changes proposed herein are unattractive to market
participants, it is likely that the Exchange will lose market share as
a result. Accordingly, the Exchange does not believe that the proposed
changes will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.
    In terms of inter-market competition, the Exchange believes that
its proposed rebates and fees continue to remain competitive in SPY and
Multiply Listed Options. In sum, if the changes proposed herein are
unattractive to market participants, it is likely that the Exchange
will lose market share as a result. Accordingly, the Exchange does not
believe that the proposed changes will impair the ability of members or
competing order execution venues to maintain their competitive standing
in the financial markets.
    The Exchange's proposal to remove references from its Pricing
Schedule to specific pricing for MNX does not impose an undue burden on
intra-market competition because no market participant would be able to
trade an option overlying MNX on Phlx once it is delisted.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\13\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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-Phlx-2017-30 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-Phlx-2017-30. 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-Phlx-2017-30 and should be
submitted on or before May 12, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2017-08062 Filed 4-20-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Notices]
[Page 27960]
[FR Doc No: 2013-11282]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13565-001]

Charles Hotchkin and Claire Fay; Notice of Application for
Amendment of Exemption, Soliciting Motions To Intervene, Protests,
Comments, and Terms and Conditions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:

    a. Type of Application: Amendment of Exemption.
    b. Project No.: 13565-001.
    c. Date Filed: February 4, 2013.
    d. Applicant: Charles Hotchkin and Claire Fay.
    e. Name of Project: Alder Brook Hydroelectric Project.
    f. Location: Alder Brook in Franklin County, Vermont.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Charles Hotchkin and Ms. Claire Fay, 321
Prive Hill Road, Richford, Vermont 05476,<PHONE_NUMBER>.
    i. FERC Contact: Steven Sachs at<PHONE_NUMBER>;
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene, protests, comments,
and terms and conditions is 30 days from the issuance date of this
notice.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be
filed electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be mailed to: The Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426. Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments.
    Please include the project number (P-13565-001) on any motions,
protests, comments, and terms and conditions filed.
    k. Description of Amendment: The applicant proposes to install two
crossflow turbines at the project rather than two double suction pump
turbines as previously envisioned. The applicant also proposes to
modify project operation by running the two units in parallel as
opposed to operating only one of the two units at any given time. The
proposed amendment would not change the project's hydraulic capacity or
possible electrical output but would increase the authorized installed
capacity from 7.0 to 9.0 kilowatts.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call<PHONE_NUMBER> or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Motions to Intervene, Protests, and Comments: Anyone may submit
a motion to intervene, protest, or comments in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any motions to intervene,
protests, or comments must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must: (1)
Bear in all capital letters the title ``MOTION TO INTERVENE,''
``PROTEST,'' ``COMMENTS,'' or ``TERMS AND CONDITIONS'' as applicable;
(2) set forth in the heading the name of the applicant and the project
number of the application to which the filing responds; (3) furnish the
name, address, and telephone number of the person intervening,
protesting, or commenting; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All motions to
intervene, protests, or comments must set forth their evidentiary basis
and otherwise comply with the requirements of 18 CFR 4.34(b). All
motions to intervene, protests, or comments should relate to project
works which are the subject of the application. Agencies may obtain
copies of the application directly from the applicant. A copy of any
motion to intervene or protest must be served upon each representative
of the applicant specified in the particular application. If an
intervener files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency. A copy of all other filings in reference to
this application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: May 6, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-11282 Filed 5-10-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 62 (Tuesday, March 31, 2020)]
[Notices]
[Pages 17941-17942]
[FR Doc No: 2020-06656]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0300]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: General
Operating and Flight Rules--FAR 91

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 Office of
Management and Budget (OMB) approval to renew an information
collection. The reporting and recordkeeping requirements of this
collection are related to FAA rules governing the operation of aircraft
(other than moored balloons, kites, rockets, unmanned free balloons,
and small unmanned aircraft) within the United States. These reporting
and recordkeeping requirements are necessary for the FAA to assure
compliance with these provisions.

DATES: Written comments should be submitted by June 1, 2020.

ADDRESSES: Please send written comments:
By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
By mail: Dwayne C. Morris, 800 Independence Ave. SW, Washington, DC
20591.
By fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: John L. Drago by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    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.
    OMB Control Number: 2120-0005.
    Title: General Operating and Flight Rules--FAR 91.
    Form Numbers: None.
    Type of Review: Renewal.
    Background: The reporting and recordkeeping requirements of Federal
Aviation Regulation (FAR) part 91, General Operating and Flight Rules,
are authorized by part A of subtitle VII of the revised title 49 of the
United States Code. FAR part 91 prescribes rules governing the
operation of aircraft (other than moored balloons, kites, rockets,
unmanned free balloons and small unmanned aircraft) within the United
States. The reporting and recordkeeping requirements prescribed by
various sections of FAR part 91 are necessary for FAA to assure
compliance with these provisions. The information collected becomes a
part of FAA's official records and is used only by the FAA for
certification, compliance and enforcement, and when accidents,
incidents, reports of noncompliance, safety programs, or other
circumstances require reference to records. Without this information,
the FAA would be unable to control and maintain the consistently high
level of civil aviation safety we enjoy.
    Respondents: Approximately 21,200 airmen, state or local
governments, and businesses.
    Frequency: On occasion.
    Estimated Average Burden per Response: 0.5 hours.
    Estimated Total Annual Burden: Reporting: 10,729; Recordkeeping:
224,454; Total: 235,183 hours.

    Issued in Washington, DC, on March 26, 2020.
Dwayne C. Morris,
Project Manager, Flight Standards Service, General Aviation and
Commercial Division.
[FR Doc. 2020-06656 Filed 3-30-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35681-35682]
[FR Doc No: 2014-14706]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2014-0429]

Special Local Regulations; Marine Events in the Seventh Coast
Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of Enforcement of Regulation.

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SUMMARY: The Coast Guard will enforce the special local regulations for
two events, the Patriots Point Fireworks and the City of North
Charleston Fireworks, from 8:15 p.m. through 10:15 p.m. on July 4,
2014. This action is necessary to ensure safety of life on navigable
waters of the United States during the Fourth of July fireworks
displays. During the enforcement period, and in accordance with
previously issued special local regulations, vessels may not enter,
transit through, anchor in, or remain within the designated area unless
authorized by the Captain of the Port Charleston designated
representatives.

DATES: The regulations in 33 CFR 100.701, Table 1, COTP Zone
Charleston, will be enforced from 8:15 p.m. through 10:15 p.m. July 4,
2014.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO Christopher Ruleman, Sector Charleston Office of
Waterways Management, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations for two events, the Patriots Point Fireworks and the
City of North Charleston Fireworks, from 8:15 p.m. through 10:15 p.m.
on July 4, 2014. The special local regulations for the events can be
found at 33 CFR 100.701 in the COTP Zone Charleston section of Table 1.
    On July 4, 2014, the Patriots Point Naval Maritime Museum is
sponsoring the Patriots Point Firework on Charleston Harbor, South
Carolina, and the City of North Charleston is sponsoring the City of
North Charleston Fireworks on Charleston Harbor, South Carolina.
    Under the provisions of 33 CFR 100.701, all persons and vessels are
prohibited from entering the regulated areas unless permission to enter
has been granted by the Captain of the Port Charleston. This notice of
enforcement is to provide notice of regulated areas that will encompass
portions of the navigable waterways. Spectator vessels may safely
transit outside the regulated areas, but may not anchor, block, loiter
in, or impede the transit of official patrol vessels. The Coast Guard
may be assisted by other Federal, State, or local law enforcement
agencies in enforcing these regulations.
    This notice is issued under authority of 33 CFR 100.701 and 5
U.S.C. 552(a). The Coast Guard will provide notice of the regulated
areas by Local Notice to Mariners, Broadcast Notice to Mariners,

and on-scene designated representatives. If the COTP Charleston
determines that the regulated area need not be enforced for the full
duration stated in this notice, he or she may use a Broadcast Notice to
Mariners to grant general permission to enter the regulated area.

    Dated: June 8, 2014.
R. R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-14706 Filed 6-23-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: January 10, 2006 (Volume 71, Number 6)]
[Notices]
[Page 1538-1540]
[DOCID:fr10ja06-34]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0006; FRL-7746-6]

TSCA Chemical Testing; Receipt of Test Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's receipt of test data regarding In
Vitro Dermal Absorption Rate Testing of Certain Chemicals of Interest
to the Occupational Safety and Health Administration. Data were
received on the following chemicals: Biphenyl (CAS No. 92-52-4); tert-
butylcatechol (TBC) (CAS No. 98-29-3); carbon disulfide (CAS No. 75-15-
0); catechol (CAS No. 120-80-9); chlorobenzene (CAS No. 108-90-7);
cyclohexanol (CAS No. 108-93-0); p-dichlorobenzene (CAS No. 106-46-7);
dimethylacetamide (DMAc) (CAS No. 127-19-5); ethylene dichloride (CAS
No. 107-06-2); hydroquinone monomethyl ether (HQMME) (CAS No. 150-76-
5); methyl formate (CAS No. 107-31-3); vinyl toluene (CAS No. 25013-15-
4); and p-xylene (CAS No. 106-42-3). These data were submitted pursuant
to a test rule issued by EPA under section 4 of the Toxic Substances
Control Act (TSCA).

FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator,
Environmental Assistance Division (7408M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

     This action is directed to the public in general. This action may,
however, be of interest to those persons who are concerned about data
on health and/or environmental effects and other characteristics of
this chemical. Since other entities may also be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number

EPA-HQ-OPPT-2003-0006. The official public docket consists of the
documents specifically referenced in this action, any public comments
received, and other information related to this action. Although a part
of the official docket, the public docket does not include Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. The official public docket is the collection of
materials that is available for public viewing at the EPA Docket
Center, Rm. B102-Reading Room, EPA West, 1301 Constitution Ave., NW.,
Washington, DC. The EPA DocketCenter is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The EPA Docket
Center Reading Room telephone number is<PHONE_NUMBER> and the
telephone number for the OPPT Docket, which is located in EPA Docket
Center, is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.

    Agency Website: EPADOCKET, EPA's electronic public docket and
comment system was replaced on November 25, 2005, by an enhanced
federal-wide electronic docket management and comment system located at
http://www.regulations.gov/. Follow the on-line instructions.

    An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public

comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.

II. Test Data Submissions

     Section 4(d) of TSCA requires EPA to publish a notice in the
Federal Register reporting the receipt of test data submitted pursuant
to test rules promulgated under section 4(a) within 15 days after these
data are received by EPA.
     1. Test data for biphenyl were submitted by the Biphenyl Work
Group and received by EPA on June 17, 2005. The submission includes a
final study report submission titled: ``In Vitro Dermal Absorption Rate
Testing.'' (See document ID No. EPA-HQ-2003-0006-0273.) The submission
also includes a letter clarifying that the Biphenyl Work Group is not
claiming trade secrecy or confidentiality on this report.
     2. Test data for TBC were submitted by the Tertiary-Butylcatechol
Consortium and received by EPA on July 20, 2005. The submission
includes a final report titled: ``[14C] Tert-Butylcatechol
(TBC): Percutaneous Penetration of [14C] Tert-Butylcatechol
Through Human Split-thickness Skin Membranes (in-vitro).'' (See
document ID No. EPA-HQ-2003-0006-0284.)
     3. Test data for carbon disulfide were submitted by the Carbon
Disulfide Dermal Absorption Task Group (Task Group) of the American
Chemistry Council and received by EPA on August 15, 2005. The
submission includes an appended final study report titled: ``Carbon
Disulfide: In Vitro Dermal Absorption Rate Testing.'' (See document ID
No. EPA-HQ-2003-0006-0289.)
     4. Test data on catechol were submitted by the Catechol Consortium
and received by EPA on August 26, 2005. The submission includes a final
study report titled ``[14C] Catechol: Percutaneous
Penetration of [14C] Catechol Through Human Split-thickness
Skin Membranes (in-vitro).'' (See document ID No. EPA-HQ-2003-0006-
0287.)
     5. Test data for chlorobenzene were submitted by the Chlorobenzene
Producers Association (CPA) and received by EPA on June 6, 2005. The
submission includes a final study report titled ``Chlorobenzene: In
Vitro Dermal Absorption Rate Testing.'' (See document ID No. EPA-HQ-
2003-0006-0255.)
     6. Test data for cyclohexanol were submitted on behalf of the
Cyclohexanol Dermal Absorption Testing Committee and received by EPA on
August 29, 2005. The submission includes a final study report from
SafePharm Laboratories titled: ``The In Vitro Dermal Absorption of
[14C] Cyclohexanol through Human Skin.'' (See document ID
No. EPA-HQ-2003-0006-0286.)
     7. Test data for p-dichlorobenzene were submitted by the
Chlorobenzene Producers Association and received by EPA on June 6,
2005. The submission includes a final study report titled: ``p-
Dichlorobenzene: In Vitro Dermal Absorption Rate Testing.'' (See
document ID No. EPA-HQ-2003-0006-0255.)
     8. Test data for DMAc were submitted by DuPont Chemical Solutions
Enterprise and received by EPA on June 21, 2005. The submission
includes a final study report titled: ``Dimethylacetamide: In Vitro
Dermal Absorption Rate Testing.'' (See document ID No. EPA-HQ-2003-
0006-0274.)
     9. Test data for ethylene dichloride were submitted by the
Hazardous Air Pollutant (HAP) Task Force and received by EPA on June
24, 2005. The submission includes a final study report titled:
``Ethylene Dichloride: In Vitro Dermal Absorption Rate Testing.'' (See
document ID No. EPA-HQ-2003-0006-0280.)
     10. Test data for HQMME were submitted by the Hydroquinone
Monomethyl Ether Dermal Absorption Task Group (Task Group) of the
American Chemistry Council Hydroquinone Precursors and Derivatives
Panel, and received by EPA on September 27, 2005. The submission
includes an appended final study report titled: ``Hydroquinone
Monomethyl Ether: Measurement of the In Vitro Rate of Percutaneous
Absorption Through Human Skin.'' (See document ID No. EPA-HQ-2003-0006-
0293.)
    11. Test data for methyl formate were submitted by Celanese
Chemicals and received by EPA on July 18, 2005. The submission includes
a final study report titled: ``Methyl Formate: In Vitro Dermal
Absorption Rate Testing.'' (See document ID Nos. EPA-HQ-2003-0006-0281
and EPA-HQ-2003-0006-0282.) The submission also includes a letter
clarifying that Celanese is not claiming confidentiality on this
report.
     12. Test data for vinyl toluene were submitted on behalf of
Deltech Corporation by the University of Louisiana and received by EPA
on April 4, 2005. The submission includes a final study report
submission titled: ``Vinyl Toluene: In Vitro Dermal Absorption Rate
Testing.'' (See document ID Nos. EPA-HQ-2003-0006-0247 and EPA-HQ-2003-
0006-0248.) The submission also includes two letters clarifying that
the study is not claimed confidential or trade secret.
     13. Test data for p-xylene were submitted by the p-Xylene Dermal
Absorption Task Group of the American Chemistry Council and received by
EPA on September 27, 2005. The submission includes an appended final
study report titled: ``p-Xylene: In Vitro Dermal Absorption Rate
Testing.'' (See document ID No. EPA-HQ-2003-0006-0291.)
     These chemical substances are used in a wide variety of
applications as industrial solvents, which may result in exposures of a
substantial number of workers as described in the support document for
the Proposed Rule (64 FR

31074, June 9, 1999, Table 3 - Exposure Information for Chemical
Substances).
     EPA has initiated its review and evaluation process for these
submissions. At this time, the Agency is unable to provide any
determination as to the completeness of the submissions.

    Authority: 15 U.S.C. 2603.

List of Subjects

    Environmental protection, Hazardous substances.

    Dated: December 29, 2005.
Jim Willis,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.

[FR Doc. E6-100 Filed 1-9-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Notices]
[Page 77122]
[FR Doc No: 2013-30374]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9904-34]

Environmental Laboratory Advisory Board (ELAB) Meeting Dates and
Agenda

AGENCY: Environmental Protection Agency.

ACTION: Notice of Teleconference and Face-to-Face Meetings.

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SUMMARY: The Environmental Protection Agency's Environmental Laboratory
Advisory Board (ELAB), as previously announced, holds teleconference
meetings the third Wednesday of each month at 1:00 p.m. ET and two
face-to-face meetings each calendar year. For 2014, teleconference only
meetings will be February 19, 2014; March 19, 2014; April 16, 2014; May
21, 2014; June 18, 2014; July 16, 2014; September 17, 2014; October 15,
2014; November 19, 2014; and December 17, 2014 at 1:00 p.m. ET to
discuss the ideas and views presented at the previous ELAB meetings, as
well as new business. Items to be discussed by ELAB over these coming
meetings include: (1) Issues in continuing the expansion of national
environmental accreditation; (2) ELAB support to the Agency on issues
relating to measurement and monitoring for all programs; and (3)
follow-up on some of ELAB's past recommendations and issues. In
addition to these teleconferences, ELAB will be hosting their two face-
to-face meetings with teleconference line also available on January 27,
2014 at the Hyatt Regency Louisville in Louisville, KY at 8:00 a.m.
(CT) and on August 4, 2014 at the Hyatt Regency on Capitol Hill in
Washington, DC at 8:00 a.m. (ET).
    Written comments on laboratory accreditation issues and/or
environmental monitoring or measurement issues are encouraged and
should be sent to Ms. Lara P. Phelps, DFO, US EPA (E243-05), 109 T. W.
Alexander Drive, Research Triangle Park, NC 27709 or emailed to
<EMAIL_ADDRESS>Members of the public are invited to listen to the
teleconference calls, and time permitting, will be allowed to comment
on issues discussed during this and previous ELAB meetings. Those
persons interested in attending should call Lara P. Phelps at (919)
541-5544 to obtain teleconference information. For information on
access or services for individuals with disabilities, please contact
Lara P. Phelps at the number above. To request accommodation of a
disability, please contact Lara P. Phelps, preferably at least 10 days
prior to the meeting, to give EPA as much time as possible to process
your request.

    Dated: December 12, 2013.
Glenn Paulson,
Science Advisor.
[FR Doc. 2013-30374 Filed 12-19-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 48 (Tuesday, March 14, 2017)]
[Notices]
[Page 13722]
[FR Doc No: 2017-05047]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2017-0002-N-6]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice and comment request.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA), this notice
announces that FRA is forwarding the currently approved Information
Collection Request (ICR) abstracted below to the Office of Management
and Budget (OMB) for review and comment. The ICR describes the
information collection and its expected burden.

DATES: Comments must be submitted on or before April 13, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New
Jersey Avenue SE., Mail Stop 25, Washington, DC 20590 (Telephone: (202)
493-6292); or Ms. Kim Toone, Information Collection Clearance Officer,
Office of Administration, Office of Information Technology, RAD-20,
Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop
35, Washington, DC 20590 (Telephone:<PHONE_NUMBER>). (These telephone
numbers are not toll free.)

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
issue two notices seeking public comment on information collection
activities before OMB may approve paperwork packages. 44 U.S.C. 3506,
3507; 5 CFR 1320.5, 1320.8(d)(1), and 1320.12. On November 16, 2016,
FRA published a 60-day notice in the Federal Register soliciting
comment on the ICR for which it is now seeking OMB approval. See 81 FR
80714. FRA received no comments in response to this notice.
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. 44 U.S.C.
3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or
disapprove paperwork packages between 30 and 60 days after the 30-day
notice is published. 44 U.S.C. 3507(b)-(c); 5 CFR 1320.12(d); see also
60 FR 44978, 44983, Aug. 29, 1995. OMB believes the 30-day notice
informs the regulated community to file relevant comments and affords
the agency adequate time to digest public comments before it renders a
decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should
submit their respective comments to OMB within 30 days of publication
to best ensure having their full effect. 5 CFR 1320.12(c); see also 60
FR 44983, Aug. 29, 1995.
    The summary below describes the ICR and its expected burden. FRA is
submitting the new request for clearance by OMB as the PRA requires.
    Title: Track Safety Standards.
    OMB Control Number: 2130-0010.
    Abstract: Part 213 of Title 49 of the Code of Federal Regulations
(Track Safety Standards) prescribes minimum safety requirements for
railroad track that is part of the general railroad system of
transportation. While the requirements prescribed in Part 213 generally
apply to specific track conditions existing in isolation, a combination
of track conditions, none of which individually amounts to a deviation
from regulatory requirements, may require remedial action to ensure
safe operations over that track. Qualified persons inspect track and
take action to allow safe passage of trains and ensure compliance with
the Track Safety Standards.
    In March 2013, FRA amended the Track Safety Standards and Passenger
Equipment Safety Standards applicable to high-speed and high cant
deficiency train operations to promote the safe interaction of rail
vehicles with the tracks over which they operate. The final rule
revised limits for vehicle response to track perturbations and added
new limits. The rule accounts for a range of vehicle types currently
used and likely may be used in future high-speed or high cant
deficiency rail operations, or both. The rule is based on the results
of simulation studies designed to identify track geometry
irregularities associated with unsafe wheel/rail forces and
accelerations, thorough reviews of vehicle qualification and revenue
service test data, and consideration of international practices. FRA
uses this information collection to ensure and enhance rail safety by
monitoring railroads' compliance with regulatory requirements.
    Type of Request: Extension with change of a currently approved
information collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Total Estimated Annual Responses: 2,762,261.
    Total Estimated Annual Burden: 1,816,152 hours.
    Addressee: Send comments regarding these information collections to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street NW., Washington, DC 20503, Attention: FRA
Desk Officer. Comments may also be sent via email to OMB at the
following address<EMAIL_ADDRESS>    Comments are invited on the following: Whether the proposed
collection of information is necessary for DOT to properly perform its
functions, including whether the information will have practical
utility; the accuracy of DOT's estimates of the burden of the proposed
information collections; ways to enhance the quality, utility, and
clarity of the information to be collected; and ways to minimize the
burden of the collections of information on respondents, including the
use of automated collection techniques or other forms of information
technology.
    A comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication of this notice in the Federal
Register.

    Authority:  44 U.S.C. 3501-3520.

Sarah L. Inderbitzin,
Acting Chief Counsel.
[FR Doc. 2017-05047 Filed 3-13-17; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Notices]
[Page 63292-63293]
[DOCID:fr30oc06-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-177-004]

Iroquois Gas Transmission System, L.P.; Notice of Compliance
Filing

October 18, 2006.
    Take notice that on October 12, 2006, Iroquois Gas Transmission
System, L.P. (Iroquois) tendered for filing the following revised
sheets to its FERC Gas Tariff, First Revised Volume No. 1, to be
effective on October 17, 2006:

Third Revised Sheet No. 49A.
Fifth Revised Sheet No. 59A.
Fourth Revised Sheet No. 80.

    In a July 10 submittal in Docket No. RP06-395 designed to clarify
the meaning of certain terms relating to PAL Service, Iroquois stated
that it would refile these three tariff sheets in Docket No. RP06-177
to reflect the changes for both the HUB Service and the PAL Service.
Iroquois has submitted a separate filing of October 12, 2006 in Docket
No. RP06-177, notifying the Commission that the HUB Service
implementation date is October 17, 2006. Pursuant to the commitment
made in its July 10 filing in Docket No. RP06-395, Iroquois is
submitting Third Revised Sheet No. 49A, Fifth Revised Sheet No. 59A and
Fourth Revised Sheet No. 80 to reflect the changes required in both
proceedings that are necessary to implement the HUB Service.
    Iroquois states that copies of its filing were served on all
jurisdictional customers and interested state regulatory agencies and
all parties to the proceeding.

    Any person desiring to protest this filing must file in accordance
with rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of section 154.210 of
the Commission's regulations (18 CFR 154.210). Anyone filing a protest
must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-18100 Filed 10-27-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Notices]
[Pages 8380-8383]
[FR Doc No: 2015-03078]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74238; File No. SR-EDGA-2015-07]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use of the Exchange

February 10, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 30, 2015, EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal to amend its fees and rebates
applicable to Members \5\ of the Exchange pursuant to EDGA Rule 15.1(a)
and (c) (``Fee Schedule'') to: (i) Amend the definitions of ADV and TCV
to remove a provision to exclude shares on each day from January 12,
2015 up to and including January 16, 2015; (ii) update the description
of fee code D to include routing using the RDOT routing strategy; (iii)
delete fee codes M and U, as well as remove the ROLF routing strategy
from Footnote 7, all of which route to LavaFlow; and (iv) make a number
of non-substantive and organizational amendments.
---------------------------------------------------------------------------

    \5\ The term ``Member'' is defined as ``any registered broker or
dealer, or any person associated with a registered broker or dealer,
that has been admitted to membership in the Exchange. A Member will
have the status of a ``member'' of the Exchange as that term is
defined in Section 3(a)(3) of the Act.'' See Exchange Rule 1.5(n).
---------------------------------------------------------------------------

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

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

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

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

1. Purpose
    The Exchange proposes to: (i) Amend the definitions of ADV and TCV
to remove a provision to exclude shares on each day from January 12,
2015 up to and including January 16, 2015; (ii) update the description
of fee code D to include routing using the RDOT routing strategy; (iii)
delete fee codes M and U, as well as remove the ROLF routing strategy
from Footnote 7, all of which route to LavaFlow; and (iv) make a number
of non-substantive and organizational amendments.
ADV and TCV Definitions
    Earlier this year, the Exchange and its affiliate, EDGX Exchange,
Inc. (``EDGX'') received approval to effect a merger (the ``Merger'')
of the Exchange's parent company, Direct Edge Holdings LLC, with BATS
Global Markets, Inc., the parent of BATS (together with BATS, EDGA and
EDGX, the ``BGM Affiliated Exchanges'').\6\ In the context of the
Merger, the BGM Affiliated Exchanges worked to migrate EDGX and EDGA
onto the BATS technology platform, and align certain system
functionality, retaining only intended differences between the BGM
Affiliated Exchanges. The migration of EDGX and EDGA onto the BATS
technology platform occurred during the week of January 12, 2015.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 71449 (January 30,
2014), 79 FR 6961 (February 5, 2014) (SR-EDGX-2013-43; SR-EDGA-2013-
34).
---------------------------------------------------------------------------

    Currently, the Exchange determines the tiered pricing that it will
provide to Members according to the Exchange's tiered pricing
structure, which is based on the calculation of ADV \7\ and/or average
daily TCV.\8\ The Exchange currently excludes from its calculation of
ADV and TCV those shares traded on each day from January 12, 2015 up to
and including January 16, 2015 in order to avoid penalizing Members
that, because of the technology migration that occurred during the week
of January 12, 2015, did not participate on the Exchange during that
week to the extent that they might have otherwise participated.\9\ As
described above, such exclusion only applied to tier calculations in
January, meaning that the language has no effect moving forward. As
such, the Exchange proposes to remove the provisions from the
definitions of ADV and TCV that exclude trading activity that occurred
on each day from January 12, 2015 up

to and including January 16, 2015 as the exclusion period has passed
and these provisions are no longer necessary.
---------------------------------------------------------------------------

    \7\ As provided in the Fee Schedule, ``ADV'' is currently
defined as ``average daily volume calculated as the number of shares
added to, removed from, or routed by, the Exchange, or any
combination or subset thereof, per day. ADV is calculated on a
monthly basis.''
    \8\ As provided in the Fee Schedule, ``TCV'' is currently
defined as ``total consolidated volume calculated as the volume
reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan for the month for which the
fees apply.''
    \9\ See Securities Exchange Act Release Nos. 74025 (January 9,
2015), 80 FR 2154 (January 15, 2015) (SR-EDGA-2014-36); and 74021
[sic] (January 9, 2015), 80 FR 2142 (January 15, 2015) (SR-EDGX-
2014-37).
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Fee Code D
    Currently, fee code D is appended to orders routed to the NYSE.
Orders yielding fee code D are charged a fee of $0.0027 per share in
securities priced at or above $1 and 0.30% of the dollar value of the
trade in securities priced below $1. The Exchange proposes to amend the
description of fee code D to include routing using the RDOT routing
strategy, in addition to orders routed to the NYSE. RDOT is a routing
option under which an order checks the System \10\ for available shares
and then is sent to destinations on the System routing table,\11\ which
may include non-exchange destinations. If shares remain unexecuted
after routing, they are sent to the New York Stock Exchange, Inc.
(``NYSE'') and can be re-routed by the NYSE. Any remainder will be
posted to the NYSE, unless otherwise instructed by the User.\12\
Historically, fee code D is appended by the System to orders routed
using the RDOT routing strategy that are executed on a destination on
the System routing table prior to reaching the NYSE as well as to those
RDOT orders that remove liquidity from the NYSE. Therefore, the
Exchange proposes to update the description of fee code D to make clear
that it also includes orders routed using the RDOT routing strategy.
The Exchange notes that fee code F is and will remain appended to
orders routed using the RDOT routing strategy that add liquidity to
NYSE.
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    \10\ The term ``System'' is defined as ``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.''
    \11\ The term ``System routing table'' refers to ``the
proprietary process for determining the specific trading venues to
which the System routes orders and the order in which it routes
them.'' See Exchange Rule 11.11(g).
    \12\ See Exchange Rule 11.11(g)(5).
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Fee Codes M and U, Footnote 7
    The Exchange proposes to amend its Fee Schedule to delete fee code
M, which routes to LavaFlow and adds liquidity, as well as fee code U,
which routes to LavaFlow. The Exchange also proposes to amend Footnote
7 to remove references to the ROLF routing strategy, under which an
order will check the Exchange for available shares and then will be
sent to LavaFlow. These changes are being proposed in response to
LavaFlow's announcement that it will cease market operations and its
last day of trading will be Friday, January 30, 2015. For orders
yielding fee code M, the Exchange currently provides a rebate of
$0.0024 per share in securities priced at or above $1.00 and no rebate
in securities priced below $1.00. For orders yielding fee code U, the
Exchange currently charges a fee of $0.0028 per share in securities
priced at or above $1.00 and no fee in securities priced below $1.00.
The rates for orders that yield fee codes M or U represent a pass
through of the rate that BATS Trading, the Exchange's affiliated
routing broker-dealer, is subject to for routing orders to LavaFlow. As
of February 2, 2015, the Exchange, via BATS Trading, will no longer be
able to route orders to LavaFlow because it ceased operations, and,
therefore, proposes to delete fee codes M and U, as well as references
to the ROLF routing strategy in Footnote 7.
Non-Substantive and Organizational Changes to Fee Code and Associated
Fees
    The Exchange also proposes to make two non-substantive and
organizational changes to its Fee Schedule to provide greater clarity
to Members on how the Exchange assesses fees and calculates rebates.
The Exchange proposes to reorder the fee codes under the section
entitled, Fee Codes and Associated Fees, as well as indicate the amount
of the fees and rebates as five decimal points, rather than four
decimal points, by adding a zero to the end of each fee and rebate, to
reflect the order pricing format on the Exchange's Web site. The
Exchange notes that none of these changes amend any fee or rebate, nor
do they alter the manner in which it assesses fees or calculates
rebates.
Implementation Date
    The Exchange proposes to implement these amendments to its Fee
Schedule on February 2, 2015.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\13\ in general, and
furthers the objectives of Section 6(b)(4),\14\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive. The proposed rule change reflects a competitive
pricing structure designed to incent market participants to direct
their order flow to the Exchange. The Exchange believes that the
proposed rates are equitable and non-discriminatory in that they apply
uniformly to all Members. The Exchange believes the fees and credits
remain competitive with those charged by other venues and therefore
continue to be reasonable and equitably allocated to Members.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

ADV and TCV Definitions
    The Exchange believes that its proposed amendments to the
definitions of ADV and TCV to remove a provision to exclude shares
during the week the Exchange is migrated onto BATS technology is
reasonable because, as explained above, it is no longer necessary as
the exclusion period has passed. The Exchange is not proposing to amend
the thresholds a Member must achieve to become eligible for, or the
dollar value associated with, the tiered rebates or fees. The initial
proposal to exclude these trading days from the calculation of ADV and
TCV was designed to provide Members additional time to monitor the
migration of the Exchange onto BATS technology. In addition, the
Exchange believes that the proposed changes to its Fee Schedule are
equitably allocated among Exchange constituents and not unfairly
discriminatory as the methodology for calculating ADV and TCV will
apply equally to all Members.
Fee Code D
    The Exchange believes that its proposal to update fee code D to
also include order routed using the RDOT routing strategy represents an
equitable allocation of reasonable dues, fees, and other charges among
Members and other persons using its facilities. Historically, fee code
D has been appended by the System to orders routed using the RDOT
routing strategy that are executed on a destination on the System
routing table prior to reaching the NYSE as well as to orders that that
remove liquidity from NYSE. Therefore, the Exchange believes that
updating fee code to specifically state that fee code D is appended to
orders using the RDOT routing strategy would benefit Members by
providing clear guidance in its Fee Schedule regarding which orders fee
code D would be appended to. In addition, the Exchange believes that
the proposed change to its Fee Schedule is equitably allocated among
Exchange constituents and not unfairly discriminatory as the
application of fee code D will apply equally to all Members who use the
RDOT routing strategy.

Fee Codes M and U, Footnote 7
    The Exchange believes that its proposal to delete fee codes M and U
in its Fee Schedule as well as remove references to the ROLF routing
strategy from Footnote 7 represents an equitable allocation of
reasonable dues, fees, and other charges among Members and other
persons using its facilities. The proposed change is in response to
LavaFlow's announcement that it will cease market operations and its
last day of trading will Friday, January 30, 2015. As of February 2,
2015, the Exchange, via BATS Trading, will no longer be able to route
orders to LavaFlow and, therefore, proposes to remove fee codes M and U
as well as a reference to the ROLF routing strategy in Footnote 7. The
Exchange believes that the proposed amendments are intended to make the
Fee Schedule clearer and less confusing for investors and eliminate
potential investor confusion, thereby removing impediments to and
perfecting the mechanism of a free and open market and a national
market system, and, in general, protecting investors and the public
interest.
Non-Substantive and Organizational Changes to Fee Code and Associated
Fees
    The Exchange believes that the non-substantive clarifying changes
to its Fee Schedule are reasonable because they are designed to provide
greater transparency to Members with regard to how the Exchange
assesses fees and calculates rebates. The Exchange notes that none of
the proposed non-substantive clarifying changes are designed to amend
any fee, nor alter the manner in which it assesses fees or calculates
rebates. These non-substantive and organizational changes to the Fee
Schedule as intended to make the Fee Schedule clearer and less
confusing for investors and eliminate potential investor confusion,
thereby removing impediments to and perfecting the mechanism of a free
and open market and a national market system, and, in general,
protecting investors and the public interest.

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

    The Exchange believes its proposed amendments to its Fee Schedule
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed change represents a significant
departure from previous pricing offered by the Exchange or pricing
offered by the Exchange's competitors. Additionally, Members may opt to
disfavor the Exchange's pricing if they believe that alternatives offer
them better value. Accordingly, the Exchange does not believe that the
proposed change will impair the ability of Members or competing venues
to maintain their competitive standing in the financial markets.
ADV and TCV Definitions
    The proposal to remove a provision to exclude shares from January
12, 2015 up to and including January 16, 2015 from the ADV and TCV
calculations would not affect intermarket nor intramarket competition
because it is no longer necessary as the exclusion period has passed.
Fee Code D
    The Exchange believes that its proposal to update fee code D to
also include order routed using the RDOT routing strategy would not
affect intermarket nor intramarket competition because this change is
not designed to amend any fee or rebate or alter the manner in which
the Exchange assesses fees for orders yielding fee code D amend the
orders to which fee code D applies. It is simply proposed to update the
description of fee code D to make clear that it also includes orders
routed using the RDOT routing strategy, in addition to orders routed to
the NYSE.
Fee Codes M and U, Footnote 7
    The Exchange believes that its proposal to delete fee codes M and U
and amend Footnote 7 would not affect intermarket nor intramarket
competition because this change is not designed to amend any fee or
rebate or alter the manner in which the Exchange assesses fees or
calculates rebates. It is simply proposed in response to LavaFlow's
announcement that it will cease market operations and its last day of
trading will be Friday, January 30, 2015.
Non-Substantive and Organizational Changes to Fee Code and Associated
Fees
    The Exchange believes that non-substantive and organizational
changes to the Fee Schedule would not affect intermarket nor
intramarket competition because none of these changes are designed to
amend any fee or alter the manner in which the Exchange assesses fees
or calculates rebates. These changes are intended to provide greater
clarity to Members with regard to how the Exchange access fees and
calculates rebates.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \15\ and paragraph (f) of Rule 19b-4
thereunder.\16\ 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.
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-EDGA-2015-07 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-EDGA-2015-07. 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-EDGA-2015-07, and should be
submitted on or before March 10, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-03078 Filed 2-13-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 13, 2007 (Volume 72, Number 177)]
[Notices]
[Page 52401-52403]
[DOCID:fr13se07-88]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56371; File No. SR-BSE-2007-43]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change,
as Modified by Amendment No. 1, Relating to Exchange Fees and Charges

September 7, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 31, 2007, the Boston Stock Exchange, Inc. (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the BSE.
On September 6, 2007, the BSE submitted Amendment No. 1 to the proposed
rule change. The BSE has designated this proposal as one establishing
or changing a due, fee, or other charge imposed by the BSE under
Section 19(b)(3)(A)(ii) of the Act,\3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, 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 BSE proposes to amend the Boston Options Exchange (``BOX'') Fee
Schedule in order to revise certain transaction fees for issues that
trade as part of the Penny Pilot Program.\5\
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    \5\ See Securities Exchange Act Release No. 55155 (January 23,
2007) 72 FR 4741 (February 1, 2007) (SR-BSE-2006-49) (``Original
Penny Pilot Program Approval Order''). See also Securities Exchange
Act Release No. 56149 (July 26, 2007), 72 FR 42450 (August 2, 2007)
(SR-BSE-2007-38).

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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 BSE 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 BSE 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 purpose of the proposed rule change is to revise the existing
BOX Fee Schedule in conjunction with the Penny Pilot Program. The
Exchange plans to introduce the Make or Take pricing structure for all
classes contained in the Penny Pilot Program.\6\ The Exchange is
proposing to amend the BOX Fee Schedule in order to make the following
changes to certain fees and charges that are assessed to Participants
in the issues referenced below, effective as of the first trading day
of September 2007.\7\
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    \6\ The Original Penny Pilot Program Approval Order, supra note
5, lists the initial thirteen options classes currently
participating in the Penny Pilot Program. If the Penny Pilot Program
is expanded to introduce more participating options classes, the
Make or Take Pricing model will also apply to those options classes.
Furthermore, if the Penny Pilot Program is extended, the Make or
Take Pricing model will also be extended accordingly.
    \7\ Participating classes are listed in Section 33 to Chapter V
of the BOX Rules.
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Transaction Fees for Classes Contained in the Penny Pilot
    The Exchange is proposing to implement a Liquidity Make or Take
pricing structure for executed transactions in issues participating in
the Penny Pilot Program. Under the proposed Fee Schedule change, orders
that add or ``make'' liquidity to the BOX Book will receive a
transaction credit upon execution. BOX Market Makers will receive a
credit of $0.30 per contract. All other Participants will receive a
credit of $0.25 per contract. Any order, including an order with a Fill
and Kill designation, which executes against an order which is being
exposed before being placed on the BOX Book, will be deemed to be
making liquidity and will receive a transaction credit upon execution.
    The Transaction Fee for all Participants that ``take'' liquidity
from the BOX Book will be $0.45 per contract. This fee will be applied
to all Participants, including Market Makers, Broker-Dealers and
Executing Participants executing orders on behalf of Public Customers.
Any order, including an order with a Fill and Kill designation, which
takes liquidity by trading immediately upon entry to the BOX Book or
following its exposure as part of NBBO filtering will be assessed the
$0.45 per contract fee.
Linkage Fees
    Linkage Orders executed at BOX are subject to the same billing
treatment as other Broker-Dealer orders. Since Linkage Orders that are
sent to and executed on BOX will be taking liquidity, these orders will
be assessed a $0.45 per contract fee. Linkage Orders that are not
executed upon receipt are rejected back to the sender and are never
posted in the BOX Book. Therefore, a Linkage Order would never be
eligible to receive a credit of the Transaction Fee.
MAC and Mini MAC Exemption
    No MAC or MiniMAC fees will be charged for classes contained in the
Liquidity Make or Take pricing structure. In addition, the trades in
these classes will not count toward the calculation of Average Daily
Volume rebates for BOX Market Makers.
Transactions Exempted From the Liquidity Make or Take Model
    The following transactions will be exempt from the Liquidity Make
or Take pricing structure as they are deemed to neither take nor make
liquidity: Transactions which occur on the opening or re-opening of
trading and transactions on both sides of a PIP, with the exception of
unrelated orders that interact with an Improvement Auction, which will
be charged a ``take'' fee. Transactions which are exempt from the
Liquidity Make or Take pricing structure will be subject to standard
transaction fees as stated in the Fee Schedule.
2. Statutory Basis
    BSE believes that the proposed rule change is consistent with
Section 6(b) of the Act,\8\ in general, and furthers the objectives of
Section 6(b)(4) of the Act,\9\ in particular, in that it is designed to
provide for the equitable allocation of dues, fees and other charges
among its members and issuers and other persons using its facilities.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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.

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 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 \10\ and subparagraph (f)(2) of Rule 19b-4 \11\
thereunder because it establishes or changes a due, fee or other charge
imposed by the Exchange. At any time within 60 days of the filing of
such proposed rule change, the Commission may summarily abrogate 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 the furtherance of the purposes of the
Act.\12\
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    \10\ 15 U.S.C. 78s(b)(3)(A)
    \11\ 17 CFR 240.19b-4(f)(2)
    \12\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on September 6, 2007, the date on which the BSE filed
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form http://www.sec.gov/rules/sro.shtml.
; or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-BSE-2007-43 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission,

100 F Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-BSE-2007-43. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the BSE. 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-BSE-2007-43 and should be
submitted on or before October 4, 2007.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-18076 Filed 9-12-07; 8:45 am]

BILLING CODE 8010-01-P