[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Notices]
[Pages 70781-70782]
[FR Doc No: 2011-29622]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will host the SEC Government-Business Forum on
Small Business Capital Formation on Thursday, November 17, 2011,
beginning at 9 a.m., in the Auditorium of the Commission's headquarters
at 100 F Street, NE., Washington, DC.
    This Sunshine Act notice is being issued because a majority of the
Commission may attend the meeting.
    The forum will include remarks by SEC Commissioners and panel
discussions that Commissioners may attend. Panel topics will include
current capital formation issues for private

companies and initial public offerings and securities regulation
involving smaller public companies. Members of the public may attend
the forum without charge. The Commissioner remarks and panel
discussions will be webcast from the SEC's Web site. Doors will open at
8:30 a.m. Visitors will be subject to security checks.
    For further information, please contact the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: November 10, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-29622 Filed 11-10-11; 4:15 pm]
BILLING CODE 8011-01-P


--------------------------------------------------------------------------------
 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
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REGION 8
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1595 Wynkoop Street
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Denver, CO   80202-1129
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Phone<PHONE_NUMBER>
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www.epa.gov/region8
Ref: 8ARD

Mr. Mike Natchees
Air Coordinator
Energy and Minerals Department
Ute Indian Tribe
P.O. Box 70
Fort Duchesne, Utah  84026

Dear Mr. Natchees:

The U.S. Environmental Protection Agency Region 8 is proposing to issue a synthetic minor permit for the Anadarko Uintah Midstream, LLC. (Anadarko), L-16 Compressor Station on the Uintah and Ouray Indian Reservation. As requested by Anadarko, this permit would incorporate enforceable requirements for four field gas fired, 4-stroke, lean-burn compressor engines using catalytic emissions control systems. Anadarko also requested enforceable requirements to operate only instrument air-driven or low-bleed pneumatic controllers. This permit is only intended to incorporate requested emission limits and provisions from the permit application for existing emissions units operating at the facility.

A public comment period for the proposed permit will begin on 5/31/2019 and end on 7/1/2019.

We have enclosed a CD and paper copy containing the proposed permit and supporting documentation, and we ask that you please make this material available for public review until the end of the public comment period. Comments may be submitted by mail, via email to<EMAIL_ADDRESS>or through regulations.gov (Docket ID # EPA-R08-OAR-2018-0327). In addition, we have provided copies of the bulletin board public notice announcement and would appreciate it if you would post this announcement in prominent locations in your area. All of these documents will also be available for review in electronic format on our website at: https://www.epa.gov/caa-permitting/caa-permit public-comment-opportunities-region-8.

If you have any questions concerning the enclosed proposed permit or technical support documents, please contact Patrick Wauters, of my staff, at<PHONE_NUMBER>.

                                       Sincerely,

                                      Carl Daly
                                      Acting Director
                                      Air and Radiation Division

Enclosures


[Federal Register: May 4, 2010 (Volume 75, Number 85)]
[Notices]
[Page 23793]
[DOCID:fr04my10-104]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1901-DR; Docket ID FEMA-2010-0002]

North Dakota; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of North Dakota (FEMA-1901-DR), dated April 21,
2010, and related determinations.

DATES: Effective Date: April 21, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 21, 2010, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of North Dakota resulting from a severe winter storm during the
period of April 1-3, 2010, is of sufficient severity and magnitude
to warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of North Dakota.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

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

    Adams, Benson, Burleigh, Grant, McHenry, McLean, Mercer, Morton,
Oliver, Sheridan, Sioux, and Wells Counties and the portion of the
Standing Rock Sioux Indian Reservation that lies within the State of
North Dakota for Public Assistance.
    All counties and Tribes within the State of North Dakota are
eligible to apply for assistance under the Hazard Mitigation Grant
Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-10336 Filed 5-3-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: October 2, 2008 (Volume 73, Number 192)]
[Proposed Rules]
[Page 57272-57274]
[DOCID:fr02oc08-17]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2008-0659, FRL-8723-8]

Approval and Promulgation of Implementation Plans; New Jersey;
Diesel Idling Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan revision submitted by New Jersey to
revise its rules regarding the idling of diesel-powered vehicles.
Specifically, the State's implementation plan revision revises the
exceptions to and exemptions from the State's existing three-minute
idling rule. The intended effect of this action is to approve, as
consistent with section 110(a)(2) of the Clean Air Act, a control
strategy that will help New Jersey achieve attainment of the National
Ambient Air Quality Standards for ozone and fine particulate matter.

DATES: Comments must be received on or before November 3, 2008.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2008-0659, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions
for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
     Hand Delivery: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional

Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2008-0659. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region II Office, Air Programs Branch, 290 Broadway,
25th Floor, New York, New York 10007-1866. EPA requests, if at all
possible, that you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Matthew Laurita, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Description of the State Implementation Plan (SIP) Revision
    A. What did New Jersey submit?
    B. What is EPA's evaluation of New Jersey's SIP revision
submittal?
II. Proposed EPA Action
III. Statutory and Executive Order Reviews

I. Description of the State Implementation Plan (SIP) Revision

A. What did New Jersey submit?

    On July 2, 2007, New Jersey promulgated amendments to Title 7,
Chapter 27, Subchapter 14, ``Control and Prohibition of Air Pollution
from Diesel-Powered Motor Vehicles,'' of the New Jersey Administrative
Code, that limits the amount of time that engines of diesel-powered
motor vehicles may idle. New Jersey's original diesel idling rule,
adopted on December 2, 1985, prohibits any person from allowing the
engine of a diesel-powered motor vehicle to idle for more than three
consecutive minutes. However, it also provides exceptions to and
exemptions from the three-minute limit. New Jersey's July 2007 rule
revision adds, deletes, and revises certain exceptions and exemptions,
with the overall goal of further limiting air emissions from idling
diesel-powered vehicles within New Jersey. This revised rule became
operative on July 25, 2007. On September 13, 2007, New Jersey submitted
its revised diesel idling rule to EPA for approval as a SIP revision.
    New Jersey's original diesel idling rule provided two exceptions to
the three-minute limit: When at an operator's place of business, a
diesel vehicle was allowed to idle for up to 30 minutes; and when a
diesel vehicle's engine had been stopped for three or more hours, the
vehicle was allowed to idle for up to 15 minutes. New Jersey's revised
rule deletes the first exception and revises the second, so that the
15-minute limit only applies when the ambient temperature is below 25
degrees Fahrenheit. In addition, New Jersey adopted a new exception, to
allow a diesel bus that is actively discharging or picking up
passengers to idle for 15 consecutive minutes in a 60-minute period.
    New Jersey's rule also initially contained eight exemptions to the
three-minute idling limit. Diesel vehicles were exempt from the three-
minute limit when engaged in the following: discharging or picking up
passengers; idling in traffic; idling to provide power to auxiliary
equipment (except heating or air conditioning systems); idling while
being or waiting to be examined by a motor vehicle inspector; actively
performing emergency services; undergoing repair or service; connecting
or detaching trailers; or, for diesel vehicles equipped with sleeper
berths, while the sleeper berth was being used for rest, unless the
vehicle had an auxiliary power system to maintain cabin comfort or
assist with cold-weather starting.
    In its revised rule, New Jersey removed the exemption for picking
up and discharging passengers, replacing it with a 15-minute idling
limit (see above), and removed the exemption for connecting or
detaching trailers. New Jersey also clarified that a diesel vehicle
being repaired or serviced may idle only if operation of the engine is
essential to the repair or service being performed. New Jersey is also
limiting the sleeper berth exemption by removing this exemption for any
vehicle not equipped with either a 2007 or newer engine or an older
engine retrofitted with a properly functioning diesel particulate
filter. The revised sleeper berth exemption becomes effective on May 1,
2010. However, the Commissioner of the New Jersey Department of
Environmental Protection may delay the effective date of this revised
exemption for up to one year, if it is determined that public safety
would be adversely affected if the exemption were to take effect on May
1, 2010. Finally, New Jersey adopted a new exemption allowing
technologies designed to reduce idling (such as auxiliary power units,
generator sets, or bunk heaters) to operate provided the diesel
vehicle's main engine is not idling.
    In addition to the new and revised exemptions, New Jersey adopted a
new provision prohibiting a diesel vehicle from idling for more than
three minutes when parked in a space with available electrification
technology, which is defined as ``* * * a technology that harnesses an
off-vehicle electrical system to provide a vehicle with climate control
and other needs.'' There are no exemptions from this provision.

B. What is EPA's evaluation of New Jersey's SIP revision submittal?

    EPA has evaluated New Jersey's SIP revision submittal (described
above), including the comments and responses New Jersey received during
its public process. EPA has determined that New Jersey adequately
addressed the

comments received and that New Jersey's revised diesel idling rule is
enforceable and approvable as a control strategy to attain and maintain
the national ambient air quality standards, as consistent with section
110(a)(2) of the Clean Air Act, 42 U.S.C. 7410(a)(2).

II. Proposed EPA Action

    EPA is proposing to approve the revisions to New Jersey's diesel
idling rule as part of New Jersey's ozone and particulate matter SIPs.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: September 19, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E8-23246 Filed 10-1-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Page 23400]
[FR Doc No: 2021-09173]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4562-DR; Docket ID FEMA-2021-0001]

Oregon; Amendment No. 5 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for State of Oregon (FEMA-4562-DR), dated September 15, 2020, and
related determinations.

DATES: This change occurred on March 26, 2021.

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

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Toney Raines,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.
    This action terminates the appointment of Dolph A. Diemont as
Federal Coordinating Officer for this disaster.

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

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-09173 Filed 4-30-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9555-9560]
[FR Doc No: 2023-03055]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96835; File No. SR-MIAX-2023-03]

Self-Regulatory Organizations: Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change by Miami International Securities Exchange LLC To
Amend Its Fee Schedule

February 8, 2023.
    Pursuant to the provisions of 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 January 31, 2023, Miami International
Securities Exchange LLC (``MIAX'' or ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') a proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX Fee Schedule
(the ``Fee Schedule'').
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings, at MIAX's principal
office, 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 Section 1)a)iii) of the Fee Schedule
to modify the Priority Customer Rebate Program (``PCRP'') \3\ to (i)
reduce the per contract credit for Simple Orders \4\ in MIAX Select
Symbols in Tier 3 of the PCRP; \5\ (ii) modify the PCRP table to
reflect that the per contract credit for cPRIME Agency Orders will be
based upon the per Contract Credit for cPRIME Agency Order table (to be
renamed the ``cPRIME Agency Order Break-up Table''); (iii) modify the
Per Contract Credit for cPRIME Agency Order table to remove the maximum
leg size requirement; and (iv) rename the Per Contract Credit for
cPRIME Agency Order table to the cPRIME Agency Order Break-up Table.
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    \3\ Under the PCRP, MIAX credits each Member the per contract
amount resulting from each Priority Customer order transmitted by
that Member which is executed electronically on the Exchange in all
multiply-listed option classes (excluding, in simple or complex as
applicable, QCC and cQCC Orders, mini-options, Priority Customer-to-
Priority Customer Orders, C2C and cC2C Orders, PRIME and cPRIME AOC
Responses, PRIME and cPRIME Contra-side Orders, PRIME and cPRIME
Orders for which both the Agency and Contra-side Order are Priority
Customers, and executions related to contracts that are routed to
one or more exchanges in connection with the Options Order
Protection and Locked/Crossed Market Plan referenced in Exchange
Rule 1400), provided the Member meets certain percentage thresholds
in a month as described in the Priority Customer Rebate Program
table. See Fee Schedule, Section 1)a)iii. The term ``Member'' means
an individual or organization approved to exercise the trading
rights associated with a Trading Permit. Members are deemed
``members'' under the Exchange Act. See Exchange Rule 100.
    \4\ The ``Simple Order Book'' is the Exchange's regular
electronic book of orders and quotes. See Exchange Rule 518(a)(15).
    \5\ The term ``MIAX Select Symbols'' means options overlying
AAL, AAPL, AMAT, AMD, AMZN, BA, BABA, BB, BIDU, BP, C, CAT, CLF,
CVX, DAL, EBAY, EEM, FCX, GE, GILD, GLD, GM, GOOGL, GPRO, HAL, INTC,
IWM, JNJ, JPM, KMI, KO, META, MO, MRK, NFLX, NOK, ORCL, PBR, PFE,
PG, QCOM, QQQ, RIG, SPY, T, TSLA, USO, VALE, WBA, WFC, WMB, X, XHB,
XLE, XLF, XLP, XOM and XOP. See Fee Schedule, Section 1)a)iii), note
14.
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    The proposed changes will be effective on February 1, 2023.
Background
Priority Customer Rebate Program
    The Exchange's Fee Schedule provides for a Priority Customer Rebate
Program, under which a Priority Customer \6\ rebate payment is
calculated from the first executed contract at the applicable threshold
per contract credit with rebate payments made at the highest achieved
volume tier for each contract traded in that month. The percentage
thresholds are calculated based on the percentage of national customer
volume in multiply-listed option classes listed on MIAX entered and
executed over the course of the month (excluding QCC \7\ and cQCC
Orders,\8\ Priority Customer-to-Priority Customer Orders, C2C,\9\ and
cC2C Orders,\10\ PRIME and cPRIME AOC Responses, PRIME and cPRIME
Contra-side Orders, and PRIME and cPRIME Orders \11\ for which both the
Agency and Contra-side Order are Priority Customers). Volume for
transactions in both simple and complex orders are aggregated to
determine the appropriate volume tier threshold applicable to each
transaction. Volume is recorded for, and credits are delivered to, the
Member that submits the order to MIAX. MIAX aggregates the contracts
resulting from Priority Customer Orders \12\ transmitted and executed
electronically on MIAX from Members and Affiliates \13\ for purposes of
the thresholds described in the PCRP table.
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    \6\ The term ``Priority Customer'' means a person or entity that
(i) is not a broker or dealer in securities, and (ii) does not place
more than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s). See Exchange Rule
100.
    \7\ A Qualified Contingent Cross Order is comprised of an
originating order to buy or sell at least 1,000 contracts, or 10,000
mini-option contracts, that is identified as being part of a
qualified contingent trade, as that term is defined in
Interpretations and Policies .01 below, coupled with a contra-side
order or orders totaling an equal number of contracts. See Exchange
Rule 516(j).
    \8\ A Complex Qualified Contingent Cross or ``cQCC'' Order is
comprised of an originating complex order to buy or sell where each
component is at least 1,000 contracts that is identified as being
part of a qualified contingent trade, as defined in Rule 516,
Interpretations and Policies .01, coupled with a contra-side complex
order or orders totaling an equal number of contracts. Trading of
cQCC Orders is governed by Rule 515(h)(4). See Exchange Rule
518(b)(6).
    \9\ A Customer Cross Order is comprised of a Priority Customer
Order to buy and a Priority Customer Order to sell at the same price
and for the same quantity. See Exchange Rule 516(i).
    \10\ A Complex Customer Cross or ``cC2C'' Order is comprised of
one Priority Customer complex order to buy and one Priority Customer
complex order to sell at the same price and for the same quantity.
Trading of cC2C Orders is governed by Rule 515(h)(3). See Exchange
Rule 518(b)(5).
    \11\ PRIME and cPRIME Orders are described in more detail below.
    \12\ The term ``Priority Customer Order'' means an order for the
account of a Priority Customer. See Exchange Rule 100.
    \13\ For purposes of the MIAX Options Fee Schedule, the term
``Affiliate'' means (i) an affiliate of a Member of at least 75%
common ownership between the firms as reflected on each firm's Form
BD, Schedule A, (``Affiliate''), or (ii) the Appointed Market Maker
of an Appointed EEM (or, conversely, the Appointed EEM of an
Appointed Market Maker). An ``Appointed Market Maker'' is a MIAX
Market Maker (who does not otherwise have a corporate affiliation
based upon common ownership with an EEM) that has been appointed by
an EEM and an ``Appointed EEM'' is an EEM (who does not otherwise
have a corporate affiliation based upon common ownership with a MIAX
Market Maker) that has been appointed by a MIAX Market Maker,
pursuant to the following process. A MIAX Market Maker appoints an
EEM and an EEM appoints a MIAX Market Maker, for the purposes of the
Fee Schedule, by each completing and sending an executed Volume
Aggregation Request Form by email to [email protected] no
later than 2 business days prior to the first business day of the
month in which the designation is to become effective. Transmittal
of a validly completed and executed form to the Exchange along with
the Exchange's acknowledgement of the effective designation to each
of the Market Maker and EEM will be viewed as acceptance of the
appointment. The Exchange will only recognize one designation per
Member. A Member may make a designation not more than once every 12
months (from the date of its most recent designation), which
designation shall remain in effect unless or until the Exchange
receives written notice submitted 2 business days prior to the first
business day of the month from either Member indicating that the
appointment has been terminated. Designations will become operative
on the first business day of the effective month and may not be
terminated prior to the end of the month. Execution data and reports
will be provided to both parties. See Fee Schedule, note 1.
---------------------------------------------------------------------------

    Currently, Members and their Affiliates that qualify for the PCRP
and execute Priority Customer simple orders in MIAX Select Symbols
receive the following rebates: (i) $0.00 per contract in Tier 1; (ii)
$0.10 per contract in Tier 2; (iii) $0.20 per contract in Tier 3; and
(iv) $0.24 in Tier 4. The Exchange now proposes to reduce the rebate
provided in Tier 3 from $0.20 to $0.18. The purpose of adjusting the
Tier 3 rebate is for business and competitive reasons.
Per Contract Credit for cPRIME Agency Orders
    Exchange Rule 518(b)(7) defines a cPRIME Order as a type of complex
order \14\ that is submitted for participation in a cPRIME Auction and
trading of cPRIME Orders is governed by Rule 515A, Interpretation and
Policies .12.\15\ cPRIME Orders are

processed and executed in the Exchange's PRIME mechanism, the same
mechanism that the Exchange uses to process and execute simple PRIME
orders, pursuant to Exchange Rule 515A.\16\ PRIME is a process by which
a Member may electronically submit for execution an order it represents
as agent (an ``Agency Order'') against principal interest and/or
solicited interest. The Member that submits the Agency Order
(``Initiating Member'') agrees to guarantee the execution of the Agency
Order by submitting a contra-side order representing principal interest
or solicited interest (``Contra-Side Order''). When the Exchange
receives a properly designated Agency Order for Auction processing, a
request for response (``RFR'') detailing the option, side, size and
initiating price is broadcasted to MIAX participants up to an optional
designated limit price. Members may submit responses to the RFR, which
can be either an Auction or Cancel (``AOC'') order or an AOC eQuote. A
cPRIME Auction is the price-improvement mechanism of the Exchange's
System pursuant to which an Initiating Member electronically submits a
complex Agency Order into a cPRIME Auction. The Initiating Member, in
submitting an Agency Order, must be willing to either (i) cross the
Agency Order at a single price against principal or solicited interest,
or (ii) automatically match against principal or solicited interest,
the price and size of a RFR that is broadcast to MIAX participants up
to an optional designated limit price. Such responses are defined as
cPRIME AOC Responses or cPRIME eQuotes. The PRIME mechanism is used for
orders on the Exchange's Simple Order Book. The cPRIME mechanism is
used for complex orders \17\ on the Exchange's Strategy Book,\18\ with
the cPRIME mechanism operating in the same manner for processing and
execution of cPRIME Orders that is used for PRIME Orders on the Simple
Order Book.
---------------------------------------------------------------------------

    \14\ A ``complex order'' is any order involving the concurrent
purchase and/or sale of two or more different options in the same
underlying security (the ``legs'' or ``components'' of the complex
order), for the same account, in a ratio that is equal to or greater
than one-to-three (.333) and less than or equal to three-to-one
(3.00) and for the purposes of executing a particular investment
strategy. A complex order can also be a ``stock-option'' order,
which is an order to buy or sell a stated number of units of an
underlying security coupled with the purchase or sale of options
contract(s) on the opposite side of the market, subject to certain
contingencies set forth in the proposed rules governing complex
orders. For a complete definition of a ``complex order,'' see
Exchange Rule 518(a)(5). See also Securities Exchange Act Release
No. 78620 (August 18, 2016), 81 FR 58770 (August 25, 2016) (SR-MIAX-
2016-26).
    \15\ See Securities Exchange Act Release No. 81131 (July 12,
2017), 82 FR 32900 (July 18, 2017) (SR-MIAX-2017-19) (Order Granting
Approval of a Proposed Rule Change to Amend MIAX Options Rules 515,
Execution of Orders and Quotes; 515A, MIAX Price Improvement
Mechanism (``PRIME'') and PRIME Solicitation Mechanism; and 518,
Complex Orders).
    \16\ Id.
    \17\ Only those complex orders in the classes designated by the
Exchange and communicated to Members via Regulatory Circular with no
more than the applicable number of legs, as determined by the
Exchange on a class-by-class basis and communicated to Members via
Regulatory Circular, are eligible for processing. See Exchange Rule
518(a)(5).
    \18\ The ``Strategy Book'' is the Exchange's electronic book of
complex orders and complex quotes. See Exchange Rule 518(a)(17).
---------------------------------------------------------------------------

Proposal
    Currently, Members and their Affiliates that qualify for the PCRP
that execute cPRIME Agency Orders with a maximum leg size equal to or
less than 1,000 contracts receive $0.10 per contract in Tier 1 through
Tier 4, or $0.12 in Tier 4 provided certain criteria is satisfied as
denoted by footnote ``**''.\19\ The Exchange also provides a separate
per contract credit for cPRIME Agency Orders with a max leg size of
more than 1,000 contracts, which is based upon the order break-up
percentage. Specifically, the Per Contract Credit for cPRIME Agency
Order table provides for the following rebates: (i) $0.05 when the
order break-up percentage is 0-10%; (ii) $0.06 when the order break-up
percentage is greater than 10%-20%; (iii) $0.07 when the order break-up
percentage is greater than 20%-30%; (iv) $0.08 when the order break-up
percentage is greater than 30%-40%; (v) $0.10 when the order break-up
percentage is greater than 40%-50% (or $0.12 if the Member or their
Affiliate qualifies for Tier 4 and satisfies the additional criteria
denoted in footnote ``**''); \20\ (vi) $0.10 when the order break-up
percentage is greater than 50%-60% (or $0.12 if the Member or their
Affiliate qualifies for Tier 4 and satisfies the additional criteria
denoted in footnote ``**''); (vii) $0.10 when the order break-up
percentage is greater than 60%-70% (or $0.12 if the Member or their
Affiliate qualifies for Tier 4 and satisfies the additional criteria
denoted in footnote ``**''); (viii) $0.10 when the order break-up
percentage is greater than 70%-80% (or $0.12 if the Member or their
Affiliate qualifies for Tier 4 and satisfies the additional criteria
denoted in footnote ``**''); (ix) $0.10 when the order break-up
percentage is greater than 80%-90% (or $0.12 if the Member or their
Affiliate qualifies for Tier 4 and satisfies the additional criteria
denoted in footnote ``**''); and (x) $0.10 when the order break-up
percentage is greater than 90%-100% (or $0.12 if the Member or their
Affiliate qualifies for Tier 4 and satisfies the additional criteria
denoted in footnote ``**'').
---------------------------------------------------------------------------

    \19\ Footnote ``**'' provides that, any Member or its Affiliate
that qualifies for Priority Customer Rebate Program tier 4 and
executes Priority Customer standard, non-paired complex volume at
least equal to or greater than three (3) times their Priority
Customer cPRIME Agency Order volume, on a monthly basis, will
receive a credit of $0.12 per contract for cPRIME Agency Orders
instead of the credit otherwise applicable to such orders in tier 4.
    \20\ Id.
---------------------------------------------------------------------------

    The Exchange now proposes to provide that all cPRIME Agency Orders
will be eligible for the per contract credit described in the Per
Contract Credit for cPRIME Agency Order table by removing the maximum
leg size requirement from that table. The Exchange also proposes to
rename this table as the cPRIME Agency Order Break-up Table for
clarity. Therefore, the Exchange proposes to remove the credit amounts
for the per contract credits listed in the Per Contract Credit for
cPRIME Agency Order column of the standard PCRP table in Section
1)a)iii) of the Fee Schedule. The Exchange then proposes to direct
market participants to the proposed ``cPRIME Agency Order Break-Up
Table,'' which can be found in the Fee schedule below the standard PCRP
table, by inserting the sentence, ``See cPRIME Agency Order Break-up
Table Below'' in each row for the ``Per Contract Credit for cPRIME
Agency Order'' in the standard PCRP table. Accordingly, with the
proposed changes, all cPRIME Agency Orders that qualify for the PCRP
that are submitted to the Exchange would be eligible for the per
contract credit based upon the order break-up percentage as described
in the above mentioned table. The Exchange conducted an internal
analysis of fees and rebates associated with cPRIME Agency Orders and
the proposed changes are being made for business and competitive
reasons.
    As a result of the aforementioned proposed change, the Exchange
also proposes to remove the following footnote ``*'' to the above
mentioned table and to amend footnote ``**'' to clarify the operation
of the per contract credit described in the footnote and to also amend
footnote ``***'' to remove the maximum leg size requirement to
accurately reflect the operation of the table.
    The Exchange currently provides a cPRIME break-up credit of $0.25
per contract in Penny Classes \21\ and $0.60 per contract in Non-Penny
Classes.\22\ Additionally, the Exchange provides an enhanced PRIME
break-up credit of $0.28 per contract in Penny Classes and $0.72 per
contract in Non-Penny Classes to the Electronic Exchange Member
(``EEM'') \23\ that submitted a cPRIME Order that trades with cPRIME
AOC Responses and/or cPRIME participating quotes or orders, if the
cPRIME Order experiences a break-up of greater than 60%, which is not
changing under this proposal.\24\
---------------------------------------------------------------------------

    \21\ See Exchange Rule 510(c).
    \22\ See Section 1)a)vi) MIAX Complex Price Improvement
Mechanism (``cPRIME'') Fees, of the Exchange's Fee Schedule.
    \23\ The term ``Electronic Exchange Member'' or ``EEM'' means
the holder of a Trading Permit who is not a Market Maker. Electronic
Exchange Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
    \24\ See the Exchange's Fee schedule, footnote ``*'' of Section
1)a)vi), on its public website (available at https://www.miaxoptions.com/fees).

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

2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with section 6(b) of the Act \25\ in general, and
furthers the objectives of section 6(b)(4) of the Act \26\ in
particular, in that it is an equitable allocation of reasonable dues,
fees, and other charges among its members and issuers and other persons
using its facilities. The Exchange also believes the proposal furthers
the objectives of section 6(b)(5) of the Act \27\ in that 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, and, in general, to protect investors and the
public interest and is not designed to permit unfair discrimination
between customers, issuers, brokers and dealers.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78f(b).
    \26\ 15 U.S.C. 78f(b)(4).
    \27\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes its proposal provides for the equitable
allocation of reasonable dues and fees and is not unfairly
discriminatory for the following reasons. 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. More
specifically, the Exchange is one of 16 registered options exchanges
competing for order flow. Based on publicly-available information, and
excluding index-based options, no single exchange has more than
approximately 12-13% of the market share of executed volume of
multiply-listed equity and exchange-traded fund (``ETF'') options
trades as of January 26, 2023, for the month of January 2023.\28\
Therefore, no exchange possesses significant pricing power in the
execution of multiply-listed equity and ETF options order flow. More
specifically, as of January 26, 2023, the Exchange has a total market
share of 6.45% of all equity options volume, for the month of January
2023.\29\
---------------------------------------------------------------------------

    \28\ See ``The market at a glance/MTD AVERAGE'', available at
https://www.miaxoptions.com/ (data as of 1/1/2023-1/25/2023).
    \29\ See id.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow, or discontinue use of certain categories of products,
in response to fee changes. For example, on March 1, 2019, the Exchange
filed with the Commission an immediately effective filing to decrease
certain credits assessable to Members pursuant to the PCRP.\30\ The
Exchange experienced a decrease in total market share between the
months of February and March of 2019. Accordingly, the Exchange
believes that the March 1, 2019, fee change may have contributed to the
decrease in the Exchange's market share and, as such, the Exchange
believes competitive forces constrain options exchange transaction and
non-transaction fees.
---------------------------------------------------------------------------

    \30\ See Securities Exchange Act Release No. 85301 (March 13,
2019), 84 FR 10166 (March 19, 2019) (SR-MIAX-2019-09).
---------------------------------------------------------------------------

    Accordingly, competitive forces constrain the Exchange's
transaction fees, and market participants can readily trade on
competing venues if they deem pricing levels at those other venues to
be more favorable. In response to the competitive environment, the
Exchange offers specific rates and credits in its fees schedule, like
those of other options exchanges' fees schedules, which the Exchange
believes provides incentives to Members to increase order flow of
certain qualifying orders.
    The Exchange believes that the PCRP itself is reasonably designed
because it incentivizes providers of Priority Customer order flow to
send that Priority Customer order flow to the Exchange in order to
receive a credit in a manner that enables the Exchange to improve its
overall competitiveness and strengthen its market quality for all
market participants. The PCRP, which provides increased incentives in
certain tiers in high volume select symbols, is also reasonably
designed to increase the competitiveness of the Exchange with other
options exchanges that also offer increased incentives (e.g., lower
fees or higher rebates) to higher volume symbols.\31\
---------------------------------------------------------------------------

    \31\ See Nasdaq ISE Fee Schedule, Options 7, Section 3. Regular
Order Fees and Rebates, Select Symbols.
---------------------------------------------------------------------------

    The Exchange believes that its proposal to amend the rebate
provided for Priority Customer Orders in MIAX Select Symbols in Tier 3
is consistent with section 6(b)(4) of the Act \32\ in that the proposal
is reasonable, equitable and not unfairly discriminatory as it applies
uniformly to all similarly situated participants. The Exchange believes
the proposed change (a $0.02 decrease from the current rebate) is
reasonable in that it represents a modest decrease from the current
rebate provide in Tier 3. The Exchange believes that the proposed
rebate will continue to provide an incentive to participants to submit
Priority Customer Orders in MIAX Select Symbols. The Exchange believes
that even with the proposed reduced credit in Tier 3, the Exchange's
credits for the PCRP remain in line with, or higher than, competing
exchanges' credits for similar programs.\33\ The Exchange also believes
that its proposal is consistent with section 6(b)(5) of the Act because
it will apply equally to all Priority Customer Orders in Tier 3. All
similarly situated participants are subject to the same rebate
schedule, and access to the Exchange is offered on terms that are not
unfairly discriminatory.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78f(b)(4).
    \33\ See NYSE American Options Fee Schedule, Section I.E.,
American Customer Engagement (``ACE'') Program (providing a simple
credit of $0.17 in Tier 3); see also Cboe Exchange, Inc. Options Fee
Schedule, Page 3, Volume Incentive Program (``VIP'') (providing a
simple Non-AIM rebate of $0.12 in Tier 3).
---------------------------------------------------------------------------

    The Exchange believes that its proposal to provide a per contract
credit for all cPRIME Agency Orders based upon the order break-up
percentage will continue to encourage Priority Customer order flow to
auctions. Increased Priority Customer order flow benefits all market
participants because it continues to attract liquidity to the Exchange
by providing more trading opportunities. This attracts Market Makers
and other liquidity providers, thus, facilitating price improvement in
the auction process, signaling additional corresponding order flow from
other market participants, and, as a result, increasing liquidity on
the Exchange.
    The Exchange believes that its proposal is consistent with section
6(b)(4) of the Act \34\ in that the proposal is reasonable, equitable
and not unfairly discriminatory as it applies uniformly to all
similarly situated participants. The Exchange believes the PCRP is
reasonably designed because it will provide an incentive to providers
of Priority Customer order flow to send that Priority Customer order
follow to the Exchange to receive a credit in a manner that enables the
Exchange to improve its overall competiveness and strengthen its market
quality for all participants.
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange's proposal to provide a per contract credit to
eligible cPRIME Agency Orders based upon the order break-up percentage
is consistent with section 6(b)(4) of the Act \35\ because it applies
equally to all participants of the PCRP that submit cPRIME Agency
Orders. The Exchange believes that the proposed rebate structure is
fair, equitable, and not unreasonably discriminatory. The PCRP is
reasonably designed because it will provide an incentive to providers
of Priority Customer order flow to send that

Priority Customer order flow to the Exchange to receive a credit in a
manner that enables the Exchange to improve its overall competitiveness
and strengthen its market quality for all participants.
---------------------------------------------------------------------------

    \35\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In addition, the Exchange believes that its proposal is consistent
with section 6(b)(5) of the Act \36\ because it perfects the mechanisms
of a free and open market and a national market system and protects
investors and the public interest because an increase in Priority
Customer order flow will bring greater volume and liquidity to the
Exchange, which benefits all market participants by providing more
trading opportunities and tighter spreads. To the extent Priority
Customer order flow is increased by this proposal, market participants
will increasingly compete for the opportunity to trade on the Exchange
including sending more orders and provided narrower and larger-sized
quotations in the effort to trade with such Priority Customer Order
flow.
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that providing rebates for Priority Customers
that submit cPRIME Agency Orders is equitable and not unfairly
discriminatory because the proposed rebate schedule will apply equally
to all cPRIME Agency Orders for Priority Customers. The Exchange
believes that the application of the rebate is equitable and not
unfairly discriminatory because, as stated above, Customer order flow
enhances liquidity on the Exchange, in turn providing more trading
opportunities and attracting other market participants, thus,
facilitating tighter spreads, increased order flow and trading
opportunities to the benefit of all market participants. Moreover, the
options industry has a long history of providing preferential pricing
to Priority Customer Orders, and the Exchange's current fees schedule
currently does so in many places, as does the fee structure of at least
one other exchange.\37\
---------------------------------------------------------------------------

    \37\ See Cboe Fee Schedule, ``Break-Up Credits,'' available at
https://cdn.cboe.com/resources/membership/Cboe_FeeSchedule.pdf.
---------------------------------------------------------------------------

    As noted above, the Exchange operates in a highly competitive
market. The Exchange is only one of several options venues to which
market participants may direct their order flow, and it represents a
small percentage of the overall market. The Exchange believes that the
proposed fees are reasonable, equitable, and not unfairly
discriminatory in that competing options exchanges offer similar fees
and credits in connection with similar price improvement auctions.\38\
---------------------------------------------------------------------------

    \38\ Id.
---------------------------------------------------------------------------

    The Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. In Regulation NMS,
the Commission highlighted the importance of market forces in
determining prices and self-regulatory organization (``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.'' \39\
---------------------------------------------------------------------------

    \39\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market shares among
the exchanges from month to month demonstrates that market participants
can shift order flow or discontinue or reduce use of certain categories
of products, in response to transaction and non-transaction fee
changes. Accordingly, competitive forces constrain the Exchange's
transaction fees and rebates, and market participants can readily trade
on competing venues if they deem pricing levels at those other venues
to be more favorable. The Exchange believes the proposal reflects a
reasonable and competitive pricing structure which will continue to
incentivize market participants to direct Priority Customer Orders to
the Exchange, which the Exchange believes will enhance liquidity and
market quality on the exchange to the benefit of all Members.
    For the reasons discussed above, the Exchange submits that the
proposal satisfies the requirements of sections 6(b)(4) and 6(b)(5) of
the Act \40\ in that it provides for the equitable allocation of
reasonable dues, fees and other charges among its Members and other
persons using its facilities and is not designed to unfairly
discriminate between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \40\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

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

    In accordance with section 6(b)(8) of the Act,\41\ the Exchange
does not believe that the proposed rule change will impose any burden
on intra-market or intra-market 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 will
encourage the submission of additional liquidity to price improvement
auctions, thereby promoting market depth, price discovery,
transparency, and enhanced order execution and price improvement
opportunities for all Members. As a result, the Exchange believes that
the proposed change furthers 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.'' \42\
---------------------------------------------------------------------------

    \41\ 15 U.S.C. 78f(b)(8).
    \42\ See Securities Exchange Act Release No. 51808, 70 FR 37495,
37498-99 (June 29, 2005) (S7-10-04) (Final Rule).
---------------------------------------------------------------------------

    The Exchange does not believe that its proposal will impose any
burden on intra-market competition that is not necessary or appropriate
in furtherance of the purposes of the Act because the proposed changes
will apply uniformly to all eligible Priority Customers. The Exchange
believes that this proposal will continue to encourage Members to
submit cPRIME Agency Orders for Priority Customers, which will increase
liquidity and benefit all market participants by providing more trading
opportunities and tighter spreads. The Exchange notes the fact that
preferential pricing to Priority Customers is a long-standing options
industry practice. The proposed rebate changes serve to enhance
Priority Customer order flow to the Exchange's Price Improvement
Mechanism, which, as a result, facilitates increased liquidity and
execution opportunities to the benefit of all market participants.
    Additionally, the Exchange does not believe its proposal to reduce
the Tier 3 rebate for MIAX Select Symbols will impose any burden on
intra-market competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the proposed change will
apply uniformly to all similarly situated participants.
    The Exchange also does not believe that its proposal will impose
any burden on inter-market competition that is not necessary or
appropriate in furtherance of the purposes of the Act because, as noted
above, at least one other competing options exchange \43\ has similar
rebates in place in connection with similar price improvement auctions.
Additionally, and as previously discussed, the Exchange operates in a
highly competitive market. Members have numerous alternative venues
that they participate on and direct their order flow to, including 15
other options exchanges, many of which offer substantially similar
price improvement auctions. Based on publicly available information, no
single options exchange has more than

approximately 12-13% of the equity options market share.\44\ Therefore,
no exchange possesses significant pricing power in the execution of
option order flow. Participants can readily choose to send their orders
to other exchanges if they deem fee levels at those other exchanges 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.'' \45\ 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 states 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' . . .'' \46\ 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.
---------------------------------------------------------------------------

    \43\ See supra note 37.
    \44\ See supra note 28.
    \45\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \46\ 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)).
---------------------------------------------------------------------------

    Accordingly, the Exchange believes that the proposed changes will
not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act because it will
continue to encourage order flow, which provides greater volume and
liquidity, benefiting all market participants by providing more trading
opportunities and tighter spreads.

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

    Written comments were neither solicited nor 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,\47\ and Rule 19b-4(f)(2) \48\ 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 shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \47\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \48\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-MIAX-2023-03 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-MIAX-2023-03. 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 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MIAX-2023-03 and should be submitted on
or before March 7, 2023.
---------------------------------------------------------------------------

    \49\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\49\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03055 Filed 2-13-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 30, 2009 (Volume 74, Number 145)]
[Proposed Rules]
[Page 37965-37968]
[DOCID:fr30jy09-16]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0659; Directorate Identifier 2009-NM-060-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR
Airplanes; and EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    It has been found occurrences of main landing gear (MLG)
trailing arm pins broken due to a fatigue mechanism induced by an
excessive torque applied during the assemblage of auxiliary door
support attachment and consequent deformation of the MLG trailing
arm axle. A broken pin can lead to loss of the MLG trailing arm
axle, disconnecting the trailing arm from the main

strut, which affects the airplane controllability on ground.
* * * * *

    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by August 31, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
<EMAIL_ADDRESS>Internet: http://www.flyembraer.com.
    You may review copies of the referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0659;
Directorate Identifier 2009-NM-060-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2009-02-01, dated February 12, 2009 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    It has been found occurrences of main landing gear (MLG)
trailing arm pins broken due to a fatigue mechanism induced by an
excessive torque applied during the assemblage of auxiliary door
support attachment and consequent deformation of the MLG trailing
arm axle. A broken pin can lead to loss of the MLG trailing arm
axle, disconnecting the trailing arm from the main strut, which
affects the airplane controllability on ground.
* * * * *

    Required actions include inspecting for cracks, and, if necessary,
replacing the MLG trailing arm pin with a serviceable pin; and
modifying the MLG auxiliary door mounting support. You may obtain
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletins 145-32-0122, dated November
27, 2008; 145-52-0047, Revision 01, dated March 31, 2008; 145LEG-32-
0033, dated November 27, 2008; and 145LEG-52-0014, dated October 28,
2008. The actions described in the service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 711 products of U.S. registry. We also estimate that
it would take about 2 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $240 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $284,400, or $400 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in

air commerce by prescribing regulations for practices, methods, and
procedures the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority because
it addresses an unsafe condition that is likely to exist or develop on
products identified in this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2009-0659; Directorate Identifier 2009-NM-060-AD.

Comments Due Date

    (a) We must receive comments by August 31, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-135BJ, as identified in
Embraer Service Bulletin 145LEG-32-0033, dated November 27, 2008,
except serial number 145363; and Model EMB-135ER, -135KE, -135KL,
and -135LR airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes, as identified in Embraer
Service Bulletin 145-32-0122, dated November 27, 2008; certificated
in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    It has been found occurrences of main landing gear (MLG)
trailing arm pins broken due to a fatigue mechanism induced by an
excessive torque applied during the assemblage of auxiliary door
support attachment and consequent deformation of the MLG trailing
arm axle. A broken pin can lead to loss of the MLG trailing arm
axle, disconnecting the trailing arm from the main strut, which
affects the airplane controllability on ground.
* * * * *
    Required actions include inspecting for cracks, and, if
necessary, replacing the MLG trailing arm pin with a serviceable
pin; and modifying the MLG auxiliary door mounting support.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 2,500 flight hours or 24 months after the effective
date of this AD, whichever occurs first, do the actions specified in
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
    (i) Perform a visual inspection for cracks on the MLG trailing
arm pins, in accordance with Embraer Service Bulletin 145-32-0122,
dated November 27, 2008; or 145LEG-32-0033, dated November 27, 2008;
as applicable. If any crack is found, before further flight, replace
the MLG trailing arm pin with a serviceable pin, in accordance with
Embraer Service Bulletin 145-32-0122, dated November 27, 2008; or
145LEG-32-0033, dated November 27, 2008; as applicable.
    (ii) Prior to or concurrently with accomplishing the inspection
required by paragraph (f)(1)(i) of this AD, modify the MLG auxiliary
door mounting support, in accordance with Embraer Service Bulletin
145-52-0047, Revision 01, dated March 31, 2008; or 145LEG-52-0014,
dated October 28, 2008; as applicable.

    Note 1: For the purposes of this AD, a visual inspection is: An
intensive examination of a specific item, installation or assembly
to detect damage, failure or irregularity. Available lighting is
normally supplemented with a direct source of good lighting at an
intensity deemed appropriate. Inspection aids such as mirrors,
magnifying lenses, etc., may be necessary. Surface cleaning and
elaborate access procedures may be required.

    Note 2: For the purposes of this AD, a serviceable pin is a pin
that has no cracking.

    (2) Modifications accomplished before the effective date of this
AD according to Embraer Service Bulletin 145-52-0047, dated July 18,
2005, are considered acceptable for compliance with the
corresponding action specified in this AD.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service
information as follows: Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) Brazilian Airworthiness Directive
2009-02-01, dated February 12, 2009, is applicable to ``all EMB-145
and EMB-135 aircraft models in operation.'' However, this does not
agree with Embraer Service Bulletin 145-32-0122, dated November 27,
2008; 145-52-0047, Revision 01, dated March 31, 2008; 145LEG-32-
0033, dated November 27, 2008; or 145LEG-52-0014, dated October 28,
2008; which specifies that only certain Model EMB-145 and EMB-135
airplanes are affected and identifies them by serial number. This AD
is applicable only to the airplanes listed in the applicable service
bulletins. This difference has been coordinated with the ANAC.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil Airworthiness Directive 2009-02-01,
dated February 12, 2009; Embraer Service Bulletin 145-32-0122, dated
November 27, 2008; Embraer Service Bulletin

145-52-0047, Revision 01, dated March 31, 2008; Embraer Service
Bulletin 145LEG-32-0033, dated November 27, 2008; and Embraer
Service Bulletin 145LEG-52-0014, dated October 28, 2008; for related
information.

    Issued in Renton, WA, on July 22, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-18158 Filed 7-29-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Notices]
[Page 2981]
[FR Doc No: 2013-00631]

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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: ER13-388-001.
    Applicants: Sky River LLC.
    Description: Sky River LLC Request to Defer Action on Shared
Facilities Agreement to be effective 12/31/9998.
    Filed Date: 1/8/13.
    Accession Number: 20130108-5112.
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: ER13-727-000.
    Applicants: Southern California Edison Company.
    Description: SGIA and Distribution Service Agmt Victor Mesa Linda A
Project to be effective 1/9/2013.
    Filed Date: 1/8/13.
    Accession Number: 20130108-5064.
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: ER13-728-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3456; Queue No. X1-032
to be effective 12/14/2012.
    Filed Date: 1/8/13.
    Accession Number: 20130108-5079
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: ER13-729-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. Resource Termination Filing--
MATEP LLC.
    Filed Date: 1/8/13.
    Accession Number: 20130108-5107.
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: ER13-730-000.
    Applicants: Desert View Power, Inc.
    Description: Amendment to Power Purchase Agreement to be effective
5/1/2012.
    Filed Date: 1/8/13.
    Accession Number: 20130108-5135.
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: ER13-731-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3457; Queue No. X3-082
to be effective 12/11/2012.
    Filed Date: 1/8/13.
    Accession Number: 20130108-5139.
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: ER13-732-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3458; Queue No. X3-083
to be effective 12/11/2012.
    Filed Date: 1/8/13.
    Accession Number: 20130108-5147.
    Comments Due: 5 p.m. ET 1/29/13.

    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 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    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: January 8, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-00631 Filed 1-14-13; 8:45 am]
BILLING CODE 6717-01-P