[Federal Register: June 21, 2007 (Volume 72, Number 119)]
[Notices]
[Page 34239-34240]
[DOCID:fr21jn07-33]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2006-0776; FRL-8329-4]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Stationary Combustion
Turbines (Renewal), EPA ICR Number 1967.03, OMB Control Number 2060-
0540

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before July 23, 2007.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2006-0776 to (1) EPA online using http://www.regulations.gov (our preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:

EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Gregory Fried, Office of Compliance,

Mail Code 2223A, Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On October 5, 2006 (71 FR 58853), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2006-0776, which is available for public viewing
online at http://www.regulations.gov, or in person viewing at the

Enforcement and Compliance Information Docket Center in the EPA Docket
Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Enforcement and Compliance Information
Docket Center is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA

receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose public disclosure
is restricted by statute. For further information about the electronic
docket, go to http://www.regulations.gov.

    Title: NESHAP for Stationary Combustion Turbines (Renewal).
    ICR Numbers: EPA ICR Number 1967.03, OMB Control Number 2060-0540.
    ICR Status: This ICR is scheduled to expire on June 30, 2007. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: These regulations apply to stationary combustion turbines
located at major sources of hazardous air pollutants. On August 18,
2004, EPA stayed the effectiveness of two subcategories of turbines
subject to these regulations: lean pre-mix gas-fired turbines and
diffusion flame gas-fired turbines. Thus, only oil-fired stationary
combustion turbines are currently subject to emission limits under
these standards. In addition, these regulations apply only new sources
that commenced construction or reconstruction after the date of the
final rule. Owners or operators of oil-fired stationary combustion
turbines subject to these regulations are required to submit initial
notifications, conduct initial performance testing, submit periodic
compliance reports, and maintain records to demonstrate continuous
compliance. New gas-fired stationary combustion turbines are only
required to submit an initial notification.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 8
(rounded) hours per response. Burden means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: New and Reconstructed Stationary
Combustion Turbines Located at Major Sources of Hazardous Air
Pollutants.
    Estimated Number of Respondents: 31.
    Frequency of Response: Initial and Semi-Annual.
    Estimated Total Annual Hour Burden: 435.
    Estimated Total Annual Cost: $40,008, includes $0 annualized
Capital Startup costs, $1,500 annualized Operating and Maintenance
Costs (O&M), and $38,508 annualized Labor costs.
    Changes in the Estimates: There is a decrease of 2,013 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. The decrease in burden from the most recently
approved ICR is due to a change in the regulation. On August 18, 2004
(69 FR 51184), the EPA stayed the effectiveness of this standard for
gas fired turbines. As a result, only new oil fired turbines located at
major HAP sources are subject to emission standards under Subpart YYYY
at this time. New gas fired units are only required to submit a one-
time initial notification.

    Dated: June 14, 2007.
Sara Hisel-McCoy,
Acting Director, Collection Strategies Division.
[FR Doc. E7-12053 Filed 6-20-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 106 (Wednesday, June 3, 2015)]
[Rules and Regulations]
[Pages 31467-31470]
[FR Doc No: 2015-13397]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0484]
RIN 1625-AA87

Security Zone; Portland Rose Festival on Willamette River,
Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Interim final rule.

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SUMMARY: The Coast Guard is permanently amending the Portland Rose
Festival on Willamette River security zone. This regulation is enforced
annually during the Portland, Oregon Rose Festival on the waters of the
Willamette River between the Hawthorne and Steel Bridges. This final
rule will eliminate inconsistencies between the actual event dates and
the enforcement period published in the Code of Federal Regulations.
This will serve to better inform the public of the security zone.

DATES: This rule is effective on June 3, 2015. This rule will be
enforced on JUNE 3, 2015 through JUNE 8, 2015.
    Comments and related material must be received by the Coast Guard
on or before July 6, 2015.
    Requests for public meetings must be received by the Coast Guard
June 10, 2015.

ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2015-0484. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may submit comments, identified by docket number, using any one
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov
    (2) Fax:<PHONE_NUMBER>
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m.,

Monday through Friday, except federal holidays. The telephone number is
202-366-9329.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ken Lawrenson, Waterways Management Division, MSU
Portland, Oregon, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Public Participation and Request for Comments

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

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

3. Privacy Act

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

4. Public Meeting

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

B. Regulatory History and Information

    The security zone that is the subject of this rulemaking was first
established as of June 4, 2003 following the Coast Guard's publication
of a final rule in the Federal Register on May 29, 2003 (68 FR 31978).
On June 8, 2005, the Coast Guard published a final rule in the Federal
Register revising the enforcement period of the security zone (70 FR
33352). In this action, the Coast Guard is revising the enforcement
section of the security zone to eliminate inconsistencies between the
actual event dates and the published enforcement period that currently
appears in 33 CFR 165.1312. This will serve to better inform the public
of the security zone.
    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a Notice of Proposed Rulemaking (NPRM)
with respect to this rule. Waiting for a 30-day notice period to run
would be impracticable because the Coast Guard did not receive the
necessary information in time for this regulation to undertake both an
NPRM and a 30-day delayed effective date. Additionally, waiting for a
30-day notice period to run would be impracticable, as delayed
promulgation may result in injury or damage to persons and vessels from
the hazards associated with the Festival. Furthermore, the changes made
by this final rule address the enforcement period. As no changes will
be made to the regulation in any other aspect, it is unnecessary for
the Coast Guard to publish an NPRM with a notice and comment period. As
currently published, the security zone enforcement period is not
inclusive of the dates for the 2015 event and possible future event
dates.

C. Basis and Purpose

    The basis for this rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR
1.05-1, 6.04-1, 6.04-6, and 160.5; and Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
establish security zones.
    This final rule will eliminate inconsistencies with the actual
event dates and the enforcement period that currently appears in 33 CFR
165.1312. This will serve to better inform the public of the security
zone.

D. Discussion of the Interim Rule

    This rule will revise 33 CFR 165.1312 paragraph (d) to indicate
that the regulation will be enforced annually in June for a period of 6
days. Additionally, we note that the specific dates of enforcement will
be published

each year in the Federal Register. In 2015, the zone will be enforced
on Wednesday, June 3, through Monday, June 8.
    This change will allow the Coast Guard to more accurately notify
the public of the security zone by eliminating the scenarios in which
the actual event dates would fall outside the published enforcement
period.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The Coast Guard bases
this finding on the fact that the no changes to the security zone were
made beyond clarifying the enforcement period.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule will affect the following entities some of which may be small
entities: The owners and operators of vessels intending to transit or
anchor in the security zone during the times this zone is enforced.
This security zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessels
desiring to transit this area of the Willamette River may do so by
scheduling their trips in the early morning or evening when the
restrictions on general navigation imposed by this section will not be
in effect.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``For Further
Information Contact'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the

revision of the enforcement period in 33 CFR 165.1312(d). This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA.

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. In Sec.  165.1312 revise paragraph (d) to read as follows:

Sec.  165.1312  Security Zone; Portland Rose Festival on Willamette
River.

* * * * *
    (d) Enforcement period. This section is enforced annually in June.
The event will be 6 days in length and the specific dates of
enforcement will be published each year in the Federal Register. In
2015, the zone will be enforced on Wednesday, June 3, through Monday,
June 8.

    Dated: May 11, 2015.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2015-13397 Filed 6-2-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69457-69458]
[FR Doc No: 2014-27612]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13563-003]

Juneau Hydropower, Inc.; Notice of Intent To Prepare
Environmental Impact Statement and Soliciting Comments, and Final
Recommendations, Terms and Conditions, and Prescriptions

November 17, 2014.
    Take notice that the following hydroelectric application and
applicant-prepared environmental assessment has been filed with
Commission and is available for public inspection.
    a. Type of Application: Original Major License.
    b. Project No.: 13563-003.
    c. Date filed: May 29, 2014.
    d. Applicant: Juneau Hydropower, Inc.
    e. Name of Project: Sweetheart Lake Hydroelectric Project.
    f. Location: On Lower Sweetheart Lake and Sweetheart Creek in the
City and Borough of Juneau, Alaska. The project would occupy about
2,058 acres of federal lands located in the Tongass

National Forest administered by the U.S. Forest Service.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Duff W. Mitchell, Business Manager, Juneau
Hydropower, Inc., P.O. Box 22775, Juneau, AK 99802;<PHONE_NUMBER>.
    i. FERC Contact: John Matkowski at<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, final recommendations, terms and
conditions, and prescriptions: 60 days from the issuance date of this
notice; reply comments are due 105 days from the issuance date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments, and final recommendations, terms and conditions, and
prescriptions using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-13563-003.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor 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.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. The Commission intends to prepare an Environmental Impact
Statement (EIS) on the project in accordance with the National
Environmental Policy Act. The EIS will consider both site-specific and
cumulative environmental impacts and reasonable alternatives to the
proposed action.
    m. The proposed Sweetheart Lake Project would consist of the
following new features: (1) A 280-foot-long, 111-foot-high roller
compacted concrete gravity dam with a 125-foot-long spillway located at
the outlet of Sweetheart Lake; (2) a 128,019 acre-foot impoundment at
normal-maximum water level; (3) a 525-foot-long, 10-foot-high, 10-foot-
wide arched reservoir outlet tunnel at the right dam abutment; (4) a
45-foot-long, 25-foot-wide, 16-foot-high rectangular concrete intake
structure with six 7-foot-diameter, 10-foot-high cylindrical fish
screens adjacent to the right dam abutment; (5) a 9,621-foot-long, 15-
foot-wide,15-foot-high arched, unlined power tunnel; (6) a 9-foot-
diameter, 896-foot-long saddle-supported steel penstock installed
within the lower power tunnel; (7) three, 3- to 7-foot-diameter,
approximately 160-foot-long buried steel penstocks connecting the lower
portion of the power tunnel to the powerhouse; (8) a 160-foot-long, 60-
foot-wide, 30-foot-high powerhouse; (9) three 6.6-megawatt (MW)
horizontal-axis Francis turbine/generator units having a total capacity
of 19.8 MW; (10) a 541-foot-long, 30- to 90-foot-wide tailrace
discharging into Sweetheart Creek; (11) a 4,400-foot-long coastal
access road; (12) a dock/landing site for aerial and marine vehicle
access located on the east shore of Gilbert Bay; (13) a 45,900-foot-
long, 138-kilovolt (kV) transmission line traversing Gilbert Bay, the
Snettisham Peninsula, and Port Snettisham, consisting of: (a) Two
buried segments totaling 4,800 feet in length, (b) two submarine
segments totaling 25,700 feet in length, and (c) one 15,400-foot-long
overhead segment; (14) a 14,800-foot-long, 12.47-kV service
transmission line and communication cable providing electricity and
communications to Sweetheart Dam; (15) an approximately 22,000-square-
foot fenced switchyard; (16) a 25-foot-long, 5-foot-wide, 4-foot-deep
smolt reentry pool adjacent to the powerhouse; (17) a 4,225-square-foot
caretaker facility; (18) a 400-square-foot dam site shelter facility;
and (19) appurtenant facilities. The project is estimated to generate
an average of 116 gigawatt-hours annually.
    n. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    All filings must (1) bear in all capital letters the title
``COMMENTS'', ``REPLY COMMENTS'', ``RECOMMENDATIONS,'' ``TERMS AND
CONDITIONS,'' or ``PRESCRIPTIONS;'' (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 submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. Each filing must be
accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b), and 385.2010.
    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, contact FERC
Online Support.
    o. Public notice of the filing of the initial development
application, which has already been given, established the due date for
filing competing applications or notices of intent. Under the
Commission's regulations, any competing development application must be
filed in response to and in compliance with public notice of the
initial development application. No competing applications or notices
of intent may be filed in response to this notice.
    p. Procedural Schedule:
    The application will be processed according to the following hydro
licensing schedule. Revisions to the schedule may be made as
appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Filing of final recommendations, terms and  January 2015.
 conditions, and prescriptions.
Commission issues Draft EIS...............  August 2015.
Comments on Draft EIS.....................  October 2015.
Commission Issues Final EIS...............  March 2016.
------------------------------------------------------------------------

    q. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.

Kimberly D. Bose,
Secretary.
[FR Doc. 2014-27612 Filed 11-20-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9862-9864]
[FR Doc No: 2016-04176]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0350]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Guidance for Tobacco Retailers on Tobacco Retailer
Training Programs

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection
provisions of the guidance entitled ``Tobacco Retailer Training
Programs.''

DATES: Submit either electronic or written comments on the collection
of information by April 26, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2010-D-0350 for ``Guidance for Tobacco Retailers on Tobacco
Retailer Training Programs.'' Received comments will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at http://www.regulations.gov or at the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts

and/or go to the Division of Dockets Management, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Information Request Regarding Guidance for Tobacco Retailers on Tobacco
Retailer Training Programs--OMB Control Number 0910-0745--Extension

    The Family Smoking Prevention and Tobacco Control Act (Tobacco
Control Act) does not require retailers to implement retailer training
programs. However, the statute does provide for lesser civil money
penalties for violations of access, advertising, and promotion
restrictions of regulations issued under section 906(d) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)), as amended by the
Tobacco Control Act, for retailers who have implemented a training
program that complies with standards developed by FDA for such
programs. FDA intends to issue regulations establishing standards for
approved retailer training programs. In the interim, the guidance is
intended to assist tobacco retailers in implementing effective training
programs for employees.
    The guidance discusses the elements that should be covered in a
training program, such as: (1) Federal laws restricting the access to,
and the advertising and promotion of, cigarettes and smokeless tobacco
products; (2) the health and economic effects of tobacco use,
especially when the tobacco use begins at a young age; (3) written
company policies against sales to minors; (4) identification of the
tobacco products sold in the retail establishment that are subject to
the Federal laws prohibiting their sale to persons under the age of 18;
(5) age verification methods; (6) practical guidelines for refusing
sales; and (7) testing to ensure that employees have the required
knowledge. The guidance recommends that retailers require current and
new employees to take a written test prior to selling tobacco products
and that refresher training be provided at least annually and more
frequently as needed. The guidance recommends that retailers maintain
certain written records documenting that all individual employees have
been trained and that retailers retain these records for 4 years in
order to be able to provide evidence of a training program during the
48-month time period covered by the civil money penalty schedules in
section 103(q)(2)(A) of the Tobacco Control Act.
    The guidance also recommends that retailers implement certain
hiring and management practices as part of an effective retailer
training program. The guidance suggests that applicants and current
employees be notified both verbally and in writing of the importance of
complying with laws prohibiting the sales of tobacco products to
persons under the age of 18 and that they should be required to sign an
acknowledgement stating that they have read and understand the
information. In addition, FDA recommends that retailers implement an
internal compliance check program and document the procedures and
corrective actions for the program.
    FDA's estimate of the number of respondents in tables 1 and 2 of
this document is based on data reported to the U.S. Department of
Health and Human Services Substance Abuse and Mental Health Services
Administration (SAMHSA). According to the fiscal year 2009 Annual Synar
Report, there are 372,677 total retail tobacco outlets in the 50
States, District of Columbia, and 8 U.S. territories that are
accessible to youth (meaning that there is no State law restricting
access to these outlets to individuals older than age 18). Inflating
this number by about 10 percent to account for outlets in States that
sell tobacco but are, by law, inaccessible to minors results in an
estimated total number of tobacco outlets of 410,000. We assume that 75
percent of tobacco retailers already have some sort of training program
for age and identification verification. We expect that some of those
retailer training programs already meet the elements in the guidance,
some retailers would update their training program to meet the elements
in the guidance, and other retailers would develop a training program
for the first time. Thus, we estimate that two-thirds of tobacco
retailers would develop a training program that meets the elements in
the guidance (66 percent of 410,000 = 270,600).
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
            Activity                 Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Develop training program........         270,600               1         270,600              16       4,329,600
Develop written policy against           270,600               1         270,600               1         270,600
 sales to minors and employee
 acknowledgement................

Develop internal compliance              270,600               1         270,600               8       2,164,800
 check program..................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............       6,765,000
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Number of
                 Activity                     Number of      records per    Total annual          Average burden per  recordkeeper          Total hours
                                            recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
Training program.........................         270,600               4       1,082,400  0.25 (15 minutes)............................         270,600
Written policy against sales to minors            270,600               4       1,082,400  0.10 (6 minutes).............................         108,240
 and employee acknowledgement.
Internal compliance check program........         270,600               2         541,200  0.5 (30 minutes).............................         270,600
                                          ------------------------------------------------                                               ---------------
    Total................................  ..............  ..............  ..............  .............................................         649,440
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Dated: February 23, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-04176 Filed 2-25-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Notices]
[Page 38792]
[FR Doc No: 2012-15947]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: ER11-4044-004.
    Applicants: Gratiot County Wind, LLC.
    Description: Change in Status Notice of Gratiot County Wind, LLC.
    Filed Date: 6/22/12.
    Accession Number: 20120622-5084.
    Comments Due: 5 p.m. ET 7/13/12.

    Docket Numbers: ER12-2090-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc.'s Notice of Cancellation.
    Filed Date: 6/22/12.
    Accession Number: 20120622-5091.
    Comments Due: 5 p.m. ET 7/13/12.

    Docket Numbers: ER12-2091-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc.'s Notice of Cancellation.
    Filed Date: 6/22/12.
    Accession Number: 20120622-5099.
    Comments Due: 5 p.m. ET 7/13/12.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 22, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-15947 Filed 6-28-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Notices]
[Pages 32809-32813]
[FR Doc No: 2023-10813]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97513; File No. SR-CboeBZX-2023-033]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fee Schedule

May 16, 2023.
    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 1, 2023, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX'') 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 Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') proposes to
amend its Fee Schedule. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule applicable to its
equities trading platform (``BZX Equities'') by: (1) introducing a new
Add Volume Tier; (2) introducing a new Non-Displayed Add Volume Tier;
(3) eliminating Step-Up Tiers 1 and 4 and the Non-Displayed Step Up
Tier; and (4) reducing the enhanced rebates associated with certain fee
codes. The Exchange proposes to implement these changes effective May
1, 2023.\3\
---------------------------------------------------------------------------

    \3\ The Exchange initially filed the proposed fee changes on May
1, 2023 (SR-CboeBZX-2023-032). On May 1, 2023, the Exchange withdrew
that filing and submitted this proposal.
---------------------------------------------------------------------------

    The Exchange first 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 or incentives to be insufficient. More specifically, the
Exchange is only one of 16 registered equities exchanges, as well as a
number of alternative trading systems and other off-exchange venues
that do not have similar self-regulatory responsibilities under the
Securities Exchange Act of 1934 (the ``Act''), to

which market participants may direct their order flow. Based on
publicly available information,\4\ no single registered equities
exchange has more than 16% of the market share. Thus, in such a low-
concentrated and highly competitive market, no single equities exchange
possesses significant pricing power in the execution of order flow. The
Exchange in particular operates a ``Maker-Taker'' model whereby it pays
rebates to members that add liquidity and assesses fees to those that
remove liquidity. The Exchange's Fee Schedule sets forth the standard
rebates and rates applied per share for orders that provide and remove
liquidity, respectively. Currently, for orders in securities priced at
or above $1.00, the Exchange provides a standard rebate of $0.00160 per
share for orders that add liquidity and assesses a fee of $0.0030 per
share for orders that remove liquidity.\5\ For orders in securities
priced below $1.00, the Exchange provides a standard rebate of $0.00009
per share for orders that add liquidity and assesses a fee of 0.30% of
the total dollar value for orders that remove liquidity.\6\
Additionally, in response to the competitive environment, the Exchange
also offers tiered pricing which provides Members opportunities to
qualify for higher rebates or reduced fees where certain volume
criteria and thresholds are met. Tiered pricing provides an incremental
incentive for Members to strive for higher tier levels, which provides
increasingly higher benefits or discounts for satisfying increasingly
more stringent criteria.
---------------------------------------------------------------------------

    \4\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, Month-to-Date (April 21, 2023), available at https://www.cboe.com/us/equities/market_statistics/.
    \5\ See BZX Equities Fee Schedule, Standard Rates.
    \6\ Id.
---------------------------------------------------------------------------

Add/Remove Volume Tiers
    Under footnote 1 of the Fee Schedule, the Exchange currently offers
various Add/Remove Volume Tiers. In particular, the Exchange offers six
Add Volume Tiers, that each provide an enhanced rebate for Members'
qualifying orders yielding fee codes B,\7\ V,\8\ or Y,\9\ where a
Member reaches certain add volume-based criteria. The Exchange now
proposes to introduce a seventh Add Volume Tier. The proposed criteria
of Add Volume Tier 7 is as follows:
---------------------------------------------------------------------------

    \7\ Fee code B is appended to displayed orders adding liquidity
to BZX in Tape B securities.
    \8\ Fee code V is appended to displayed orders adding liquidity
to BZX in Tape A securities.
    \9\ Fee code Y is appended to displayed orders adding liquidity
to BZX in Tape C securities.
---------------------------------------------------------------------------

     Proposed Tier 7 will provide a rebate of $0.0031 per share
for securities priced above $1.00 to qualifying orders (i.e., orders
yielding fee codes B, V, or Y) where a Member has an ADAV \10\ as a
percentage of TCV \11\ >=0.40%; and Member adds an ADV \12\ >=0.05% of
the TCV for Non-Displayed orders that yield fee codes HB,\13\ HI,\14\
HV \15\ or HY; \16\ and Member has a Tape B ADAV >=0.65% of the Tape B
TCV.
---------------------------------------------------------------------------

    \10\ ``ADAV'' means average daily added volume calculated as the
number of shares added per day. ADAV is calculated on a monthly
basis.
    \11\ ``TCV'' means 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.
    \12\ ``ADV'' means average daily volume calculated as the number
of shares added or removed, combined, per day. ADV is calculated on
a monthly basis.
    \13\ Fee code HB is appended to non-displayed orders adding
liquidity to BZX in Tape B securities.
    \14\ Fee code HI is appended to non-displayed orders adding
liquidity to BZX that receive price improvement.
    \15\ Fee code HV is appended to non-displayed orders adding
liquidity to BZX in Tape A securities.
    \16\ Fee code HY is appended to non-displayed orders adding
liquidity to BZX in Tape C securities.
---------------------------------------------------------------------------

    Also under footnote 1 of the Fee Schedule, the Exchange currently
offers five Non-Displayed Add Volume Tiers, that each provide an
enhanced rebate for Members' qualifying orders yielding fee codes HB,
HV or HY, where a Member reaches certain non-displayed add volume-based
criteria. The Exchange now proposes to add a sixth Non-Displayed Add
Volume Tier. The proposed criteria of Non-Displayed Add Volume Tier 6
is as follows:
     Proposed Non-Displayed Add Volume Tier 6 will provide a
rebate of $0.0025 per share for securities priced above $1.00 to
qualifying orders (i.e., orders yielding fee codes HB, HV or HY) where
a Member has an ADAV as a percentage of TCV >=0.40%; and Member adds an
ADV >=0.05% of the TCV for Non-Displayed orders that yield fee codes
HB, HI, HV or HY; and Member has a Tape B ADAV >=0.65% of the Tape B
TCV.
    The Exchange notes that its proposal to introduce a new Add Volume
Tier 7 and a new Non-Displayed Add Volume Tier 6 is designed to provide
Members with additional ways in which to receive an enhanced rebate if
certain criteria are satisfied. The Exchange believes that by
introducing proposed Add Volume Tier 7 and Non-Displayed Add Volume
Tier 6, Members are incentivized to add both displayed and non-
displayed volume on the Exchange, thereby contributing to a deeper and
more liquid market, which benefits all market participants and provides
greater execution opportunities on the Exchange.
Step-Up Tiers
    Under footnote 2 of the Fee Schedule, the Exchange currently offers
four Step-Up Tiers that each provide an enhanced rebate for Members'
qualifying orders yielding fee codes B, V, and Y, where a Member
reaches certain add volume-based criteria, including ``growing'' its
volume over a certain baseline month. The Exchange is proposing to
discontinue Step-Up Tiers 1 and 4, as no Members have satisfied the
criteria within the past six months and the Exchange no longer wishes
to, nor is required to, maintain such tier. More specifically, the
proposed change removes these tiers as the Exchange would rather
redirect future resources and funding into other programs and tiers
intended to incentivize increased order flow.
    Also under footnote 2 of the Fee Schedule, the Exchange currently
offers a Non-Displayed Step Up tier that provides an enhanced rebate
for Members' qualifying orders yielding fee codes HB, HV, and HY, where
a Member reaches certain non-displayed add volume-based criteria,
including ``growing'' its volume over a certain baseline month. The
Exchange is proposing to discontinue the Non-Displayed Step Up Tier, as
no Members have satisfied the criteria since its introduction and the
Exchange no longer wishes to, nor is required to, maintain such tier.
More specifically, the proposed change removes this tier as the
Exchange would rather redirect future resources and funding into other
programs and tiers intended to incentivize increased order flow.
Fee Codes and Associated Fees
    Currently, fee codes HB, HV, and HY are appended to non-displayed
orders that add liquidity and receive an enhanced rebate of $0.00100
per share. The Exchange now proposes to reduce the amount of the
enhanced rebate from $0.00100 per share to $0.00080 per share for
orders appended with fee codes HB, HV, or HY. The purpose of lowering
the rebate associated with orders appended with fee codes HB, HV, or HY
is for business and competitive reasons, as the Exchange believes that
reducing such rebate as proposed would decrease the Exchange's
expenditures with respect to transaction pricing in a manner that is
still consistent with the Exchange's overall pricing philosophy of
encouraging added liquidity. The Exchange notes that despite the modest
decrease of the rebate associated with fee codes HB, HV, and HY, the
lower rebate remains competitive and is in-line with the enhanced
rebate paid to

non-displayed orders adding liquidity on other exchanges, including the
Exchange's affiliate exchange.\17\
---------------------------------------------------------------------------

    \17\ See e.g., EDGX Equities Fee Schedule, Fee Codes and
Associated Fees.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of section 6(b) of the
Act.\18\ Specifically, the Exchange believes the proposed rule change
is consistent with the section 6(b)(5) \19\ requirements that the rules
of an exchange be designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the section 6(b)(5) \20\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers as well as section 6(b)(4) \21\
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.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
    \20\ Id.
    \21\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    As described above, the Exchange 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 or incentives to be insufficient. The proposal to adopt Add
Volume Tier 7 and Non-Displayed Add Volume Tier 6 reflects a
competitive pricing structure designed to incentivize market
participants to direct their order flow to the Exchange, which the
Exchange believes would enhance market quality to the benefit of all
Members. Additionally, the Exchange notes that relative volume-based
incentives and discounts have been widely adopted by exchanges,\22\
including the Exchange,\23\ and are reasonable, equitable and non-
discriminatory because they are open to all Members on an equal basis
and provide additional benefits or discounts that are reasonably
related to (i) the value to an exchange's market quality and (ii)
associated higher levels of market activity, such as higher levels of
liquidity provision and/or growth patterns. Competing equity exchanges
offer similar tiered pricing structures, including schedules of rebates
and fees that apply based upon members achieving certain volume and/or
growth thresholds, as well as assess similar fees or rebates for
similar types of orders, to that of the Exchange.
---------------------------------------------------------------------------

    \22\ See e.g., EDGX Equities Fee Schedule, Footnote 1, Add/
Remove Volume Tiers.
    \23\ See e.g., BZX Equities Fee Schedule, Footnote 1, Add/Remove
Volume Tiers.
---------------------------------------------------------------------------

    In particular, the Exchange believes its proposal to adopt Add
Volume Tier 7 and Non-Displayed Add Volume Tier 6 is reasonable because
the revised tiers will be available to all Members and provide all
Members with an additional opportunity to receive an enhanced rebate or
a reduced fee. The Exchange further believes the proposed Add Volume
Tier 7 and Non-Displayed Add Volume Tier 6 will provide a reasonable
means to encourage liquidity adding displayed orders and liquidity
adding non-displayed orders, respectively, in Members' order flow to
the Exchange and to incentivize Members to continue to provide
liquidity adding volume to the Exchange by offering them an additional
opportunity to receive an enhanced rebate or reduced fee on qualifying
orders. An overall increase in activity would deepen the Exchange's
liquidity pool, offers additional cost savings, support the quality of
price discovery, promote market transparency and improve market
quality, for all investors.
    The Exchange believes that its proposal to eliminate Step-Up Tiers
1 and 4 and the Non-Displayed Step Up Tier is reasonable because the
Exchange is not required to maintain these tiers or provide Members an
opportunity to receive enhanced rebates. The Exchange believes the
proposal to eliminate these tiers is also equitable and not unfairly
discriminatory because it applies to all Members (i.e., the tiers will
not be available for any Member). The Exchange notes that no Members
have satisfied the criteria of Step-Up Volume Tier 4 in any of the past
six months. While certain Members have recently satisfied the criteria
of Step-Up Volume Tier 1 and the Non-Displayed Step Up Tier, the
Exchange believes these Members will have the opportunity to receive
enhanced rebates under other tiers offered by the Exchange. The
Exchange also notes that the proposed rule change to remove these tiers
merely results in Members not receiving an enhanced rebate, which, as
noted above, the Exchange is not required to offer or maintain.
    The Exchange believes that the proposed introduction of Add Volume
Tier 7 and Non-Displayed Add Volume Tier 6 are reasonable as they do
not represent a significant departure from the criteria currently
offered in the Fee Schedule. The Exchange also believes that the
proposal represents an equitable allocation of fees and rebates and is
not unfairly discriminatory because all Members will be eligible for
the proposed new tiers and have the opportunity to meet the tiers'
criteria and receive the corresponding enhanced rebate if such criteria
is met. Without having a view of activity on other markets and off-
exchange venues, the Exchange has no way of knowing whether this
proposed rule change would definitely result in any Members qualifying
the new proposed tiers. While the Exchange has no way of predicting
with certainty how the proposed changes will impact Member activity,
based on the prior months volume, the Exchange anticipates that at
least one Member will be able to satisfy proposed Add Volume Tier 7 and
at least two Members will be able to satisfy proposed Non-Displayed Add
Volume Tier 6. The Exchange also notes that proposed changes will not
adversely impact any Member's ability to qualify for enhanced rebates
offered under other tiers. Should a Member not meet the proposed new
criteria, the Member will merely not receive that corresponding
enhanced rebate. Furthermore, the proposed rule change to eliminate
Step-Up Tier 4 enables the Exchange to redirect resources and funding
into other programs and tiers intended to incentivize increased order
flow.
    In addition, the Exchange believes that its proposal to reduce the
enhanced rebate associated with fee codes HB, HV, and HY is reasonable,
equitable, and consistent with the Act because such change is designed
to decrease the Exchange's expenditures with respect to transaction
pricing in order to offset some of the costs associated with the
Exchange's current pricing structure, which provides various rebates
for liquidity-adding orders, and the Exchange's operations generally,
in a manner that is consistent with the Exchange's overall pricing
philosophy of encouraging adding liquidity. The proposed lower enhanced
rebate ($0.00080 per share) is reasonable and appropriate because it
represents only a modest decrease from the current enhanced rebate
($0.00100 per share) and remains competitive with rebates offered by
other exchanges, including

the Exchange's affiliate exchange.\24\ The Exchange further believes
that the proposed reduction of the enhanced rebate associated with fee
codes HB, HV, and HY is not unfairly discriminatory because it applies
to all Members equally, in that all Members will receive the lower
rebate if their orders are appended with fee code HB, HV, or HY.
---------------------------------------------------------------------------

    \24\ Supra note 16.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Rather, as discussed above,
the Exchange believes that the proposed changes would encourage the
submission of additional order flow to a public exchange, thereby
promoting market depth, execution incentives and enhanced execution
opportunities, as well as price discovery and transparency for all
Members. As a result, the Exchange believes that the proposed changes
further the Commission's goal in adopting Regulation NMS of fostering
competition among orders, which promotes ``more efficient pricing of
individual stocks for all types of orders, large and small.''
    The Exchange believes the proposed rule changes do not impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Particularly, the proposed
introduction of Add Volume Tier 7 and Non-Displayed Add Volume Tier 6
will apply to all Members equally in that all Members are eligible for
each of the Tiers, have a reasonable opportunity to meet the Tiers'
criteria and will receive the enhanced rebate on their qualifying
orders if such criteria are met. In addition, the proposed change to
eliminate Step-Up Tiers 1 and 4 and the Non-Displayed Step Up Tier and
the proposed reduction of the enhanced rebate associated with fee codes
HB, HV, and HY will not impose any burden on intramarket competition
because the changes apply to all Members uniformly, as in, the tiers
will no longer be available to any Member and all Members will be
subject to the lower enhanced rebate for orders appended with fee code
HB, HV, or HY. The Exchange does not believe the proposed changes
burden competition, but rather, enhances competition as it is intended
to increase the competitiveness of BZX by adopting pricing incentives
in order to attract order flow and incentivize participants to increase
their participation on the Exchange, providing for additional execution
opportunities for market participants and improved price transparency.
Greater overall order flow, trading opportunities, and pricing
transparency benefits all market participants on the Exchange by
enhancing market quality and continuing to encourage Members to send
orders, thereby contributing towards a robust and well-balanced market
ecosystem.
    Next, the Exchange believes the proposed rule changes does not
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As previously
discussed, the Exchange operates in a highly competitive market.
Members have numerous alternative venues that they may participate on
and direct their order flow, including other equities exchanges, off-
exchange venues, and alternative trading systems. Additionally, the
Exchange represents a small percentage of the overall market. Based on
publicly available information, no single equities exchange has more
than 16% of the market share.\25\ Therefore, no exchange possesses
significant pricing power in the execution of order flow. Indeed,
participants can readily choose to send their orders to other exchange
and off-exchange venues if they deem fee levels at those other venues
to be more favorable. Moreover, the Commission has repeatedly expressed
its preference for competition over regulatory intervention in
determining prices, products, and services in the securities markets.
Specifically, in Regulation NMS, 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.'' \26\ The fact that this market is competitive has also
long been recognized by the courts. In NetCoalition v. Securities and
Exchange Commission, the D.C. Circuit stated as follows: ``[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' . . . .''.\27\ Accordingly, the Exchange does not believe its
proposed fee change imposes any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \25\ Supra note 3.
    \26\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \27\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

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

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

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

    The foregoing rule change has become effective pursuant to section
19(b)(3)(A) of the Act \28\ and paragraph (f) of Rule 19b-4 \29\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(3)(A).
    \29\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeBZX-2023-033 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-CboeBZX-2023-033. 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 website (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 website 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. Do not include
personal identifiable information in submissions; you should submit
only information that you wish to make available publicly. We may
redact in part or withhold entirely from publication submitted material
that is obscene or subject to copyright protection. All submissions
should refer to File Number SR-CboeBZX-2023-033, and should be
submitted on or before June 12, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
---------------------------------------------------------------------------

    \30\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-10813 Filed 5-19-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 27, 2007 (Volume 72, Number 38)]
[Notices]
[Page 8726]
[DOCID:fr27fe07-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RR06-3-001]

North American Electric Reliability Corporation; Notice of
Technical Conference

February 21, 2007.
    Take notice that on March 2, 2007, a technical conference will be
held at the Federal Energy Regulatory Commission to discuss a rehearing
request addressing the North American Electric Reliability
Corporation's (NERC) business plan and budget as the Electric
Reliability Organization (ERO). This technical conference was
established in an Order on Rehearing and Establishing Technical
Conference in this docket, issued February 15, 2007.\1\ It will be held
at the headquarters of the Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC from 9 a.m.-12 p.m. (EST).
---------------------------------------------------------------------------

    \1\ WECC, Pacific Gas and Electric Company and Southern
California Edison Company jointly sought rehearing of FERC's October
24, 2006 order, North American Electric Reliability Corporation 117
FERC ] 61,091 (2006).
---------------------------------------------------------------------------

    The technical conference will consist of a discussion between
Commission staff and representatives of NERC and Western Electricity
Coordinating Council (WECC). The primary question to be addressed is
whether WECC's reliability coordinator activities should receive
mandatory funding through the ERO.
    WECC has specifically requested that $6.9 million be included in
the ERO budget for its reliability coordinator activities. NERC and
WECC will be asked to provide details about WECC's funding request and
WECC's reliability coordination function. The details they will be
asked to address include, but are not limited to: information about
WECC's reliability coordinators' independence from users, owners and
operators of the Bulk-Power System; details of ERO oversight; issues
related to enforcement and non-compliance; billing and allocation; and
WECC's plans for the future.
    The conference is open for the public to attend. The conference
will not be transcribed and telephone participation will not be
available.
    The Commission will accept written comments on the discussion at
this technical conference no later than 5 p.m. Eastern Time on Monday,
March 12, 2007.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    For more information about this conference, please contact: Sarah
McKinley, Office of External Affairs, Federal Energy Regulatory
Commission,<PHONE_NUMBER><EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.
[FR Doc. E7-3340 Filed 2-26-07; 8:45 am]

BILLING CODE 6717-01-P