71150 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices 

15 15 U.S.C. 78s(b)(3)(A)(ii). 

16 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

The Exchange believes that amending 

Tiers 1–5 and Tier 8 of the Customer 

and Professional Penny Pilot Options 

Rebates to Add Liquidity, as well as the 

Tier 8 incentive of $0.02 per contract to 

permit Participants to add all types of 

market participant liquidity does not 

create an undue burden on competition, 

rather the proposal will incentivize 

market participants to send additional 

order flow to the Exchange. Customer 

liquidity offers unique benefits to the 

market which benefits all market 

participants. Customer liquidity benefits 

all market participants by providing 

more trading opportunities, which 

attracts market makers. An increase in 

the activity of these market participants 

in turn facilitates tighter spreads, which 

may cause an additional corresponding 

increase in order flow from other market 

participants. The Exchange believes that 

encouraging Participants to add 

Professional liquidity creates 

competition among options exchanges 

because the Exchange believes that the 

rebates may cause market participants to 

select NOM as a venue to send 

Professional order flow. 

The Exchange’s proposal to amend 

the Tier 3 and 4 NOM Market Maker 

Penny Pilot Options Rebates to Add 

Liquidity to pay a higher rebate for 

AAPL of $0.40 per contract, similar to 

SPY, QQQ and VXX, does not create an 

undue burden on competition because 

all NOM Market Makers may qualify for 

the Tier 3 or 4 NOM Market Maker 

Penny Pilot Options Rebate to Add 

Liquidity. The Exchange’s proposal to 

offer another means to qualify for the 

Tier 6 NOM Market Maker Penny Pilot 

Options Rebate to Add Liquidity does 

not create an undue burden on 

competition, rather the proposal will 

incentivize market participants to send 

additional order flow to the Exchange. 

The Exchange believes the differing 

outcomes, rebates and fees created by 

the Exchange’s proposed pricing 

incentives contribute to the overall 

health of the market place to the benefit 

of all Participants that willing choose to 

transact options on NOM. For the 

reasons specified herein, the Exchange 

does not believe this proposal creates an 

undue burden on competition. The 

Exchange operates in a highly 

competitive market comprised of twelve 

U.S. options exchanges in which many 

sophisticated and knowledgeable 

market participants can readily and do 

send order flow to competing exchanges 

if they deem fee levels or rebate 

incentives at a particular exchange to be 

excessive or inadequate. These market 

forces support the Exchange belief that 

the proposed rebate structure and tiers 

proposed herein are competitive with 

rebates and tiers in place on other 

exchanges. The Exchange believes that 

this competitive marketplace continues 

to impact the rebates present on the 

Exchange today and substantially 

influences the proposals set forth above. 

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.15 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 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 rule-comments@

sec.gov. Please include File Number SR– 

NASDAQ–2014–105 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–NASDAQ–2014–105. 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– 

NASDAQ–2014–105, and should be 

submitted on or before December 22, 

2014. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–28172 Filed 11–28–14; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–73677; File No. SR–BATS– 

2014–058] 

Self-Regulatory Organizations; BATS 

Exchange, Inc.; Notice of Filing and 

Immediate Effectiveness of a Proposed 

Rule Change to Rule 11.24 of BATS 

Exchange, Inc. 

November 24, 2014. 

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 November 

17, 2014, BATS Exchange, Inc. (the 

‘‘Exchange’’ or ‘‘BATS’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the Exchange. The Exchange has 

designated this proposal as a ‘‘noncontroversial’’ proposed rule change 

pursuant to Section 19(b)(3)(A) of the 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices 71151 

3 15 U.S.C. 78s(b)(3)(A). 

4 17 CFR 240.19b–4(f)(6). 

5See Securities Exchange Act Release No. 73237 

(September 26, 2014), 79 FR 59537 (October 2, 

2014) (SR–BATS–2014–043). 

6 15 U.S.C. 78f(b). 

7 15 U.S.C. 78f(b)(5). 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(6). 

10 17 CFR 240.19b–4(f)(6). As required under Rule 

19b–4(f)(6)(iii), the Exchange provided the 

Commission with written notice of its intent to file 

the proposed rule change, along with a brief 

description and the text of the proposed rule 

change, at least five business days prior to the date 

of filing of the proposed rule change. 

11 17 CFR 240.19b–4(f)(6). 

12 17 CFR 240.19b–4(f)(6)(iii). 

13For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

Act 3 and Rule 19b–4(f)(6) thereunder,4

which renders it effective upon filing 

with the Commission. The Commission 

is publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of the Substance 

of the Proposed Rule Change 

The Exchange filed a proposal to renumber Rule 11.24, entitled ‘‘Retail 

Order Attribution Program,’’ as Rule 

11.25. 

The text of the proposed rule change 

is available at the Exchange’s Web site 

at http://www.batstrading.com/, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in Sections A, B, and C below, of 

the most significant parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange is proposing to renumber Rule 11.24, entitled ‘‘Retail 

Order Attribution Program,’’ as Rule 

11.25. The Exchange recently adopted 

this rule to allow retail orders to be 

attributed as such on Exchange data 

feeds.5 However, at the time such 

proposal was filed, the Exchange was 

awaiting approval of a separate filing to 

add an opening process for nonExchange-listed securities, which rule 

was also numbered 11.24. Accordingly, 

the Exchange proposes to re-number the 

rule related to its Retail Order 

Attribution Program as 11.25. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Securities Exchange 

Act of 1934 (the ‘‘Act’’) 6 and further the 

objectives of Section 6(b)(5) of the Act 7

because it is designed to promote just 

and equitable principles of trade, to 

remove impediments to and perfect the 

mechanism of a free and open market 

and a national market system, to foster 

cooperation and coordination with 

persons engaged in facilitating 

transactions in securities, and, in 

general, to protect investors and the 

public interest. Specifically, the 

correction of this numbering error will 

contribute to the protection of investors 

and the public interest by helping to 

avoid confusion with respect to 

Exchange rules. 

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 as it is not 

a competitive proposal and does not 

reflect any substantive modification to 

the Exchange’s operations. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Not applicable. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The Exchange has filed the proposed 

rule change pursuant to Section 

19(b)(3)(A) of the Act 8 and Rule 19b– 

4(f)(6) thereunder.9 Because the 

foregoing proposed rule change does 

not: (i) Significantly affect the 

protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act and Rule 19b– 

4(f)(6) thereunder.10

A proposed rule change filed 

pursuant to Rule 19b–4(f)(6) under the 

Act 11 normally does not become 

operative for 30 days after the date of its 

filing. However, Rule 19b–4(f)(6)(iii) 12

permits the Commission to designate a 

shorter time if such action is consistent 

with the protection of investors and the 

public interest. The Exchange has asked 

the Commission to waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. The Exchange believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest 

because it would allow the Exchange to 

immediately correct the numbering 

error described above. The Commission 

believes that waiving the 30-day 

operative delay is consistent with the 

protection of investors and the public 

interest. Therefore, the Commission 

hereby waives the operative delay and 

designates the proposed rule change 

operative upon filing.13

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 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 rule-comments@

sec.gov. Please include File Number SR– 

BATS–2014–058 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–BATS–2014–058. 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/


asabaliauskas on DSK5VPTVN1PROD with NOTICES
71152 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Notices 

14 17 CFR 200.30–3(a)(12). 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE., 

Washington, DC 20549 on official 

business days between the hours of 

10:00 a.m. and 3:00 p.m. Copies of such 

filing also will be available for 

inspection and copying at the principal 

office of the Exchange. All comments 

received will be posted without change; 

the Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–BATS– 

2014–058, and should be submitted on 

or before December 22, 2014. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2014–28173 Filed 11–28–14; 8:45 am] 

BILLING CODE 8011–01–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Membership of the Performance 

Review Board (PRB) 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice 

SUMMARY: The following staff members 

have been appointed to serve on the 

Performance Review Board: 

Performance Review Board (PRB) 

Chair: Wendy Cutler 

Member: Barbara Weisel 

Member: Florizelle Liser 

Member: Lewis Karesh 

Member: Sharon Bomer-Lauritsen 

Executive Secretary: Ronald Nerida 

DATES: Effective Date: November 20, 

2014 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding this submission 

should be directed to Susan Buck, 

Acting Director, USTR Office of Human 

Resources (202) 395–7630. 

Fred Ames, 

Assistant U.S. Trade Representative for 

Administration, Office of the United States 

Trade Representative. 

[FR Doc. 2014–28179 Filed 11–28–14; 8:45 am] 

BILLING CODE 3290–F4–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Safety Advisory 2014–02] 

Roadway Worker Authority Limits— 

Importance of Clear Communication, 

Compliance with Applicable Rules and 

Procedures, and Ensuring that 

Appropriate Safety Redundancies Are 

in Place in the Event of 

Miscommunication or Error; 

Correction 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of Safety Advisory; 

Correction 

SUMMARY: On November 25, 2014, FRA 

published a document in the Federal 

Register to reemphasize the importance 

of clear communication and compliance 

with applicable rules and procedures 

regarding roadway worker authority 

limits on controlled track, and to ensure 

that appropriate safety redundancies are 

in place to protect against 

miscommunication or error. The 

document contained an incorrect job 

designation (‘‘foreman’’ instead of 

‘‘roadway worker in charge’’) for an 

employee in the first incident discussed 

in the safety advisory that resulted in an 

employee fatality, and an incorrect 

location (‘‘Danbury,’’ instead of ‘‘West 

Haven,’’ Connecticut) for the second 

incident that also resulted in an 

employee fatality. The safety advisory 

otherwise remains unchanged. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Rusk, Staff Director, Track 

Division, Office of Railroad Safety, FRA, 

1200 New Jersey Avenue SE., 

Washington, DC 20590, telephone (202) 

493–6236; or Anna Nassif Winkle, Trial 

Attorney, Office of Chief Counsel, FRA, 

1200 New Jersey Avenue SE., 

Washington, DC 20590, telephone (202) 

493–6166. 

Correction 

In the Federal Register of November 

25, 2014, in FR Doc. 2014–27955, on 

page 70268, in the third column, correct 

the second and third paragraphs to read 

as follows: 

In November 2013, a BNSF Railway Co. 

(BNSF) lead welder was killed when his 

welding truck collided with an eastbound 

freight train on a single main track at a 

location that was outside of his roadway 

work group’s limits of authority. It appears 

from FRA’s preliminary investigation that the 

two-man work group set on the track at a 

location outside of their authority limits after 

the workers disagreed regarding the extent of 

the authority limits and after not being able 

to quickly resolve the discrepancy because 

the screen displaying their authority was not 

visible at the time they set on the track. The 

roadway worker in charge was apparently 

attempting to ‘‘wake up’’ the computer screen 

as the operator was setting their vehicle on 

and operating over the track, rather than 

remaining clear of the track until the 

discrepancy could be resolved, as required by 

the railroad’s good faith challenge 

procedures. 

In May 2013, a Metro-North Commuter 

Railroad Co. (Metro-North) track foreman was 

struck and killed by a passenger train in West 

Haven, Connecticut, after a student 

dispatcher prematurely removed the control 

signal blocking devices that had been 

established for the track foreman’s work 

group, and cleared the signal for the 

passenger train. Investigation by FRA and the 

National Transportation Safety Board (NTSB) 

determined that the student dispatcher 

assumed that the foreman no longer needed 

the main track after the dispatcher had lined 

the foreman-piloted locomotive crane into an 

out-of-service track. Several weeks prior to 

this incident, a very similar incident 

occurred on the same railroad. However, in 

that situation, the roadway worker detected 

the advancing train movement in sufficient 

time to move away from the track and avoid 

being struck by the train. 

Dated: November 26, 2014. 

Brenda Moscoso, 

Director, Office of Safety Analysis. 

[FR Doc. 2014–28380 Filed 11–28–14; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

November 25, 2014. 

The Department of the Treasury is 

planning to submit the following 

information collection request to the 

Office of Management and Budget 

(OMB) for review and clearance in 

accordance with the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. 

DATES: Comments should be received on 

or before January 30, 2015 to be assured 

of consideration. 

ADDRESSES: Send comments regarding 

the burden estimate, or any other aspect 

of the information collection, including 

suggestion for reducing the burden, to 

Kim M. Bloomquist, Internal Revenue 


asabaliauskas on DSK5VPTVN1PROD with NOTICES