[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Notices]
[Pages 78590-78591]
[FR Doc No: 2016-26967]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2015-0056; FRL-9955-02-OW]

National Advisory Council for Environmental Policy and
Technology: Assumable Waters Subcommittee; Notice of Public Meetings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of federal advisory subcommittee meetings.

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SUMMARY: Consistent with the Federal Advisory Committee Act, Public Law
92463, EPA is giving notice of an upcoming public meeting of the
Assumable Waters Subcommittee convened under the National Advisory
Council for Environmental Policy and Technology (NACEPT). The Assumable
Waters Subcommittee will provide advice and recommendations as to how
the EPA can best clarify assumable waters for dredge and fill permit
programs pursuant to Clean Water Act section 404(g)(1). The EPA is
undertaking this effort to support states and tribes that wish to
assume the program. Similar to the parent NACEPT, the subcommittee
represents a diversity of interests from academia, industry, non-
governmental organizations, and local, State, and tribal governments.
    Meeting agendas and materials will be posted at www.epa.gov/cwa-404/assumable-waters-sub-committee.

DATES: The Assumable Waters Subcommittee will hold a public meeting on:
     December 9th, from 12:30 p.m. to 3:30 p.m. EDT, at this
Web site: https://cbuilding.zoom.us/j/5305689032.

ADDRESSES:
     This is virtual meeting which can be accessed at this Web
site: https://cbuilding.zoom.us/j/5305689032 and via phone: (408) 638-
0968 (US Toll) or<PHONE_NUMBER> (US Toll). The meeting ID is 530 568
9032

FOR FURTHER INFORMATION CONTACT: Jacob B. Strickler, Acting Designated
Federal Officer, via email at<EMAIL_ADDRESS>by phone: (202)
564-4692, or via postal service at: U.S. Environmental Protection
Agency (MC-2388A), 1200 Pennsylvania Avenue NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: Requests to make oral comments or to provide
written comments to the Assumable Waters Subcommittee should be sent to
Jacob B. Strickler via email at<EMAIL_ADDRESS>by December
1st, 2016. The meetings are open to the public, with limited phone
lines

available on a first-come, first-served basis. Members of the public
wishing to attend should contact Jacob B. Strickler via email at:
<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER> by December 5th,
2016, so we can ensure adequate phone lines are available. On December
9th, 2016, public comments will heard beginning at 3:00 p.m. until 3:30
p.m. EDT or until all comments have been heard.
    Meeting Access: The agency will strive to reasonably accommodate
individuals with disabilities. Information regarding accessibility and/
or accommodations for individuals with disabilities should be directed
to Jacob B. Strickler at the email address or phone number listed
above. To ensure adequate time for processing, please make requests for
accommodations at least 8 days prior to the meeting.

    Dated: November 1, 2016.
Benita Best-Wong,
Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. 2016-26967 Filed 11-7-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Notices]
[Page 58203]
[FR Doc No: 2012-23195]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

AER Energy Resources, Inc.; Alto Group Holdings, Inc.;
Bizrocket.Com Inc.; Fox Petroleum, Inc.; Geopulse Explorations Inc.;
Global Technologies Group Inc.; KMA Global Solutions International,
Inc.; Mike The Pike Productions Inc.; Mobile Star Corp.; SavWatt USA
Inc.; Scorpex Inc.; Silver Dragon Resources Inc.; Strategic Mining
Corp.; Surgline International Inc.; Thrive World Wide Inc.; Zamage
Digital Art Imaging Inc.; Order of Suspension of Trading

September 17, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
the issuers listed below. As set forth below for each issuer, questions
have arisen regarding the accuracy of publicly disseminated
information, concerning, among other things: (1) The company's business
operations, (2) the company's current financial condition; and/or (3)
issuances of shares in company stock.
    1. AER Energy Resources, Inc. is a Nevada corporation based in
Arizona. Questions have arisen concerning the adequacy and accuracy of
press releases concerning the company's operations.
    2. Alto Group Holdings, Inc. is a Nevada corporation based in
Washington State. Questions have arisen concerning the adequacy and
accuracy of publicly available information about the company's
operations, and concerning issuances of shares in the company's stock.
    3. Bizrocket.com Inc. is a Nevada corporation based in Florida.
Questions have arisen concerning the adequacy and accuracy of press
releases concerning the company's revenues.
    4. Fox Petroleum, Inc. is a Nevada corporation based in New York.
Questions have arisen concerning the adequacy and accuracy of press
releases concerning the company's operations.
    5. Geopulse Explorations Inc. is a Nevada corporation based in New
Mexico. Questions have arisen concerning the adequacy and accuracy of
press releases concerning the company's operations.
    6. Global Technologies Group Inc. is a Florida corporation based in
Florida. Questions have arisen concerning the adequacy of publicly
available information about the company.
    7. KMA Global Solutions International Inc. is a Nevada corporation
based in Ontario, Canada. Questions have arisen concerning the adequacy
and accuracy of press releases concerning the company's operations.
    8. Mike the Pike Productions Inc. is a Wyoming corporation based in
Indiana and California. Questions have arisen concerning the adequacy
and accuracy of press releases concerning the company's operations and
the accuracy of its financial statements.
    9. Mobile Star Corp. is a Delaware corporation based in California.
Questions have arisen concerning the adequacy and accuracy of press
releases concerning the company's operations.
    10. SavWatt USA, Inc. is a Delaware corporation based in Maryland.
Questions have arisen concerning the adequacy and accuracy of press
releases concerning the company's operations.
    11. Scorpex, Inc. is a Nevada corporation based in Nevada.
Questions have arisen concerning the adequacy and accuracy of press
releases concerning the company's operations.
    12. Silver Dragon Resources Inc. is a Delaware corporation based in
Ontario, Canada. Questions have arisen concerning the adequacy and
accuracy of publicly available information about the company's
operations.
    13. Strategic Mining Corp. is a Wyoming corporation based in
Ontario, Canada. Questions have arisen concerning the adequacy and
accuracy of press releases concerning the company's operations.
    14. Surgline International Inc. is a Nevada corporation based in
Florida. Questions have arisen concerning the adequacy and accuracy of
press releases and public filings concerning the company's operations.
    15. Thrive World Wide, Inc. is a Nevada corporation based in
Wisconsin. Questions have arisen concerning the adequacy and accuracy
of press releases concerning the company's operations.
    16. Zamage Digital Art Imaging, Inc. is a Nevada corporation.
Questions have arisen concerning the adequacy and accuracy of press
releases concerning the company's operations and the accuracy of its
financial statements.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EDT,
on September 17, 2012 through 11:59 p.m. EDT, on September 28, 2012.

    By the Commission.

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-23195 Filed 9-17-12; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Notices]
[Pages 81125-81130]
[FR Doc No: 2023-25669]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98956; File No. SR-PEARL-2023-63]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend the MIAX
Pearl Options Fee Schedule

November 15, 2023.
    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 8, 2023, MIAX PEARL, LLC (``MIAX Pearl'' or
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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 Pearl Options
Exchange Fee Schedule (the ``Fee Schedule'').
    The text of the proposed rule change is available on the Exchange's
website at https://www.miaxglobal.com/markets/us-options/pearl-options/rule-filings, at MIAX Pearl'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 purpose of the proposed rule change is to amend Section 1)a) of
the Fee Schedule, Exchange Rebates/Fees--Add/Remove Tiered Rebates/
Fees, for the MIAX Pearl Market Maker \3\ origin to: (1) amend and
clarify the cross-asset volume based requirement contained in Tier 2
and related footnote ``#'' following the Marker Maker origin table; and
(2) adopt an alternative volume criteria for the Tier 2 rebates and
fees for Market Makers with an additional explanatory note. The
Exchange originally filed this proposal on October 31, 2023 (SR-PEARL-
2023-61). On November 8, 2023, the Exchange withdrew SR-PEARL-2023-61
and refiled this proposal.
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    \3\ The term ``Market Maker'' means a Member registered with the
Exchange for the purpose of making markets in options contracts
traded on the Exchange and that is vested with the rights and
responsibilities specified in Chapter VI of Exchange Rules. See the
Definitions section of the Fee Schedule and Exchange Rule 100.
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Background
    The Exchange currently assesses transaction rebates and fees to all
market participants which are based upon the total monthly volume
executed by the Member \4\ on MIAX Pearl in the relevant, respective
origin type (not including Excluded Contracts) \5\ (as the numerator)
expressed as a percentage of (divided by) TCV \6\ (as the denominator).
In

addition, the per contract transaction rebates and fees are applied
retroactively to all eligible volume for that origin type once the
respective threshold tier (``Tier'') has been reached by the Member.
The Exchange aggregates the volume of Members and their Affiliates.\7\
Members that place resting liquidity, i.e., orders resting on the book
of the MIAX Pearl System,\8\ are paid the specified ``maker'' rebate
(each a ``Maker''), and Members that execute against resting liquidity
are assessed the specified ``taker'' fee (each a ``Taker''). For
opening transactions and ABBO \9\ uncrossing transactions, per contract
transaction rebates and fees are waived for all market participants.
Finally, Members are assessed lower transaction fees and receive lower
rebates for order executions in standard option classes in the Penny
Interval Program \10\ (``Penny Classes'') than for order executions in
standard option classes which are not in the Penny Interval Program
(``Non-Penny Classes''), where Members are assessed higher transaction
fees and receive higher rebates.
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    \4\ The term ``Member'' means an individual or organization that
is registered with the Exchange pursuant to Chapter II of Exchange
Rules for purposes of trading on the Exchange as an ``Electronic
Exchange Member'' or ``Market Maker.'' Members are deemed
``members'' under the Exchange Act. See the Definitions section of
the Fee Schedule and Exchange Rule 100.
    \5\ The term ``Excluded Contracts'' means any contracts routed
to an away market for execution. See the Definitions section of the
Fee Schedule.
    \6\ The term ``TCV'' means total consolidated volume calculated
as the total national volume in those classes listed on MIAX Pearl
for the month for which the fees apply, excluding consolidated
volume executed during the period time in which the Exchange
experiences an ``Exchange System Disruption'' (solely in the option
classes of the affected Matching Engine (as defined below)). The
term ``Exchange System Disruption,'' which is defined in the
Definitions section of the Fee Schedule, means an outage of a
Matching Engine or collective Matching Engines for a period of two
consecutive hours or more, during trading hours. The term ``Matching
Engine,'' which is also defined in the Definitions section of the
Fee Schedule, is a part of the MIAX Pearl electronic system that
processes options orders and trades on a symbol-by-symbol basis.
Some Matching Engines will process option classes with multiple root
symbols, and other Matching Engines may be dedicated to one single
option root symbol (for example, options on SPY may be processed by
one single Matching Engine that is dedicated only to SPY). A
particular root symbol may only be assigned to a single designated
Matching Engine. A particular root symbol may not be assigned to
multiple Matching Engines. The Exchange believes that it is
reasonable and appropriate to select two consecutive hours as the
amount of time necessary to constitute an Exchange System
Disruption, as two hours equates to approximately 1.4% of available
trading time per month. The Exchange notes that the term ``Exchange
System Disruption'' and its meaning have no applicability outside of
the Fee Schedule, as it is used solely for purposes of calculating
volume for the threshold tiers in the Fee Schedule. See the
Definitions section of the Fee Schedule.
    \7\ 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, 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 Pearl 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 Pearl
Market Maker) that has been appointed by a MIAX Pearl Market Maker,
pursuant to the following process. A MIAX Pearl Market Maker
appoints an EEM and an EEM appoints a MIAX Pearl 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 the Definitions section of the Fee Schedule.
    \8\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \9\ The term ``ABBO'' means the best bid(s) or offer(s)
disseminated by other Eligible Exchanges (defined in Exchange Rule
1400(g)) and calculated by the Exchange based on market information
received by the Exchange from OPRA. See the Definitions section of
the Fee Schedule and Exchange Rule 100.
    \10\ See Securities Exchange Act Release No. 88992 (June 2,
2020), 85 FR 35142 (June 8, 2020) (SR-PEARL-2020-06).
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Volume Calculations for Market Maker Origin Tier 2
    Currently, the Exchange provides three methods in which a Market
Maker may qualify for the fees and rebates associated with Tier 2 of
the Market Maker origin. A Market Maker needs only to satisfy one of
the methods in order to receive the fees and rebates associated with
Tier 2.
    Pursuant to the first method, Market Makers will qualify for the
Maker rebates and Taker fees in Tier 2 of the Market Maker origin table
if the Market Maker executes total monthly volume, not including
Excluded Contracts, in all classes above 0.20% to 0.50% of TCV.
    The second method is based upon the total monthly volume executed
by a Market Maker collectively in SPY/QQQ/IWM options on the Exchange,
expressed as a percentage of total consolidated national volume in SPY/
QQQ/IWM options.\11\ Pursuant to this alternative volume criteria, a
Market Maker will qualify for the Maker rebates and Taker fees in Tier
2 if the Market Maker's total executed monthly volume, not including
Excluded Contracts, in SPY/QQQ/IWM options on MIAX Pearl is above 0.55%
of total consolidated national monthly volume in SPY/QQQ/IWM options.
For this calculation, volume that is from adding liquidity (Maker) and
taking liquidity (Taker) in SPY/QQQ/IWM options is counted towards the
alternative volume criteria, and the 0.55% threshold does not have to
be reached individually in each of the three symbols.
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    \11\ See Fee Schedule, Section 1)a), explanatory paragraph below
the tables and footnotes. See also Securities Exchange Act Release
Nos. 84592 (November 14, 2018), 83 FR 58646 (November 20, 2018) (SR-
PEARL-2018-23); 90906 (January 21, 2021), 86 FR 5296 (January 19,
2021) (SR-PEARL-2020-38).
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    The Exchange notes that MIAX Pearl Equities \12\ implemented a fee
change effective September 1, 2023, which, among other things,
eliminated the ``Add Volume Tiers'' table and associated rebates on
MIAX Pearl Equities.\13\ Pursuant to this proposal, the Exchange seeks
to amend the third method for the volume calculation for Tier 2 of the
Market Maker origin in light of the elimination of the Add Volume Tiers
on MIAX Pearl Equities, as described in more detail below. For the sake
of clarity, the Exchange will describe in the paragraph immediately
below the third volume calculation method as currently stated in the
Fee Schedule; the proposed changes to the third volume calculation
method will be described further below to account for the September 1,
2023 fee changes on MIAX Pearl Equities that eliminated the Add Volume
Tiers table and associated rebates.
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    \12\ The term ``MIAX Pearl Equities'' shall mean MIAX Pearl
Equities, a facility of MIAX PEARL, LLC. See Exchange Rule 1901.
    \13\ See Securities Exchange Act Release No. 98472 (September
21, 2023), 88 FR 66533 (September 27, 2023) (SR-PEARL-2023-45)
(eliminating the ``Add Volume Tiers'' table and associated rebates
due to the adoption of the NBBO Setter Plus Program, which
incorporated similar aspects and rebate amounts as the Add Volume
Tiers).
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    As currently provided in the Fee Schedule (prior to this proposal
and the original proposal), the third method is calculated using cross-
asset volume requirements that require Market Makers to satisfy the
requirements of Tier 2 of the Add Volume Tiers table in the MIAX Pearl
Equities fee schedule,\14\ and also the requirements of Tier 2 of the
Midpoint Peg Order Adding Liquidity at the Midpoint Volume Tiers table
(referred to herein as the ``Midpoint Volume Tiers'') in the MIAX Pearl
Equities fee schedule.\15\ A Midpoint Peg Order \16\ on MIAX Pearl
Equities is a non-displayed limit order that is assigned a working
price pegged to the midpoint of the PBBO.\17\
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    \14\ See id. (describing the Add Volume Tiers, requirements and
associated rebate amounts and how the Add Volume Tiers were
incorporated into the NBBO Setter Plus Program).
    \15\ See MIAX Pearl Equities Fee Schedule, Section 1)e),
Midpoint Peg Order Adding Liquidity at Midpoint Volume Tiers.
    \16\ See Exchange Rule 2614(a)(3).
    \17\ With respect to the trading of equity securities, the term
``Protected NBB'' or ``PBB'' shall mean the national best bid that
is a Protected Quotation, the term ``Protected NBO'' or ``PBO''
shall mean the national best offer that is a Protected Quotation,
and the term ``Protected NBBO'' or ``PBBO'' shall mean the national
best bid and offer that is a Protected Quotation. See Exchange Rule
1901.
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Amendment to Cross-Asset Volume Based Requirement
    The Exchange proposes to amend the Add/Remove Tiered Rebates/Fees
table set forth in Section 1)a) of the Fee Schedule for the Market
Maker origin to amend the cross-asset volume based requirement
contained in Tier 2 and related footnote ``#'' following the Marker
Maker origin table. As described above, prior to implementation of the
NBBO Setter Plus Program (``NBBO Program'') on MIAX Pearl Equities,
Market Makers were able to qualify for

the Maker rebates and Taker fees in Tier 2 of the Market Maker origin
if the Market Maker satisfied the requirements of Tier 2 of the Add
Volume Tiers table and Tier 2 of the Midpoint Volume Tiers table in the
MIAX Pearl Equities fee schedule.\18\
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    \18\ See supra note 13.
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    Beginning September 1, 2023, MIAX Pearl Equities incorporated
aspects and rebate amounts of the Add Volume Tiers with the
implementation of the NBBO Program and eliminated the Add Volume Tiers
table from the MIAX Pearl Equities fee schedule.\19\ In light of the
elimination of the Add Volume Tiers table in the MIAX Pearl Equities
fee schedule, the Exchange proposes to amend the cross-asset volume
based requirement contained in Tier 2 of the Market Maker origin table
and related footnote ``#'' following the Marker Maker origin table.
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    \19\ See id. (noting that under volume calculation Method 1 of
the NBBO Program, tiered rebates are based on an Equity Member's
average daily added volume (``ADAV'') as a percentage of TCV, which
is the same method that MIAX Pearl Equities used to calculate the
volume requirements for the Add Volume Tiers table).
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    In particular, the Exchange proposes to replace the words ``Add
Volume Tiers'' in Tier 2 of the Market Maker origin table with the
words ``NBBO Setter Plus Program.'' \20\ Under the Add Volume Tiers
table, MIAX Pearl Equities provided enhanced rebates to Equity Members
\21\ for executions of orders in securities priced at or above $1.00
per share that added displayed liquidity (``Added Displayed Volume'')
to MIAX Pearl Equities that met specified volume thresholds. As it
pertains to this proposal regarding Tier 2 of the Market Maker origin,
an Equity Member was able to qualify for MIAX Pearl Equities' Add
Volume Tiers, Tier 2, by achieving an ADAV \22\ of at least 0.10% of
total consolidated volume.\23\
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    \20\ The Exchange propose to make the same change to footnote
``#'' following the Market Maker origin table in Section 1)a) of the
Fee Schedule.
    \21\ The term ``Equity Member'' means a Member authorized by the
Exchange to transact business on MIAX Pearl Equities. See Exchange
Rule 1901.
    \22\ With respect to MIAX Pearl Equities, the term ``ADAV''
means average daily added volume calculated as the number of shares
added per day and ``ADV'' means average daily volume calculated as
the number of shares added or removed, combined, per day. ADAV and
ADV are calculated on a monthly basis. See the Definitions section
of the MIAX Pearl Equities Fee Schedule.
    \23\ With respect to MIAX Pearl Equities, total consolidated
volume, or ``TCV,'' means total consolidated volume calculated as
the volume in shares reported by all exchanges and reporting
facilities to a consolidated transaction reporting plan for the
month for which the fees apply. See the Definitions section of the
MIAX Pearl Equities Fee Schedule.
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    With the implementation of the NBBO Program, MIAX Pearl Equities
adopted a tiered-rebate structure where Equity Members are able to
achieve enhanced rebates for executions of orders in securities priced
at or above $1.00 per share that add displayed liquidity pursuant to
one of three different methods for calculating volume thresholds. The
three volume-based methods to determine the Equity Member's tier for
purposes of the NBBO Program are calculated in parallel in each month,
and each Equity Member receives the highest tier achieved from any of
the three methods each month.
    As it pertains to this proposal, volume calculation Method 1 of the
NBBO Program incorporates the volume calculation method of the Add
Volume Tiers table, which utilizes an Equity Member's ADAV as a
percentage of TCV to determine the applicable tier. In particular, an
Equity Member qualifies for Tier 2 of the NBBO Program by achieving an
ADAV of at least 0.08% and less than 0.25% of TCV. Under volume
calculation Method 2 of the NBBO Program, MIAX Pearl Equities
calculates the tier achieved based on an Equity Member's ``NBBO Set
Volume'' \24\ as a percentage of TCV. In particular, an Equity Member
qualifies for the Tier 2 of the NBBO Program by achieving an NBBO Set
Volume of at least 0.02% and less than 0.03% of TCV. Under volume
calculation Method 3 of the NBBO Program, MIAX Pearl Equities
calculates the tier achieved based on an Equity Member's ADV as a
percentage of TCV. In particular, an Equity Member qualifies for Tier 2
of the NBBO Program by achieving an ADV of at least 0.20% and less than
0.60% of TCV.
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    \24\ The term ``NBBO Set Volume'' means the ADAV in all
securities of an Equity Member that sets the NBB or NBO on MIAX
Pearl Equities. See the Definitions section of the MIAX Pearl
Equities Fee Schedule.
---------------------------------------------------------------------------

    With the proposed change to replace the words ``Add Volume Tiers''
in Tier 2 of the Market Maker origin table with the words ``NBBO Setter
Plus Program,'' Market Makers will be able to qualify for the Maker
rebates and Taker fees in Tier 2 of the Market Maker origin table if
the Market Maker satisfies the requirements of Tier 2 of both the NBBO
Program and Tier 2 of the Midpoint Volume Tiers table in the MIAX Pearl
Equities fee schedule.\25\
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    \25\ See also Securities Exchange Act Release No. 98472
(September 21, 2023), 88 FR 66533 (September 27, 2023) (SR-PEARL-
2023-45) (describing the three alternative volume calculation
methods for an Equity Member to achieve Tier 2 of the NBBO Program).
Equity Members may qualify for Tier 2 of the Midpoint Volume Tiers
table by achieving an ADAV for the current month consisting of
midpoint peg orders in securities priced at or above $1.00 per share
that execute at the midpoint of the PBBO and add liquidity to MIAX
Pearl Equities in an amount equal to or greater than 1,000,000
shares. See MIAX Pearl Equities Fee Schedule, Section 1)e).
---------------------------------------------------------------------------

    The purpose of this change is to provide consistency and clarity in
the Fee Schedule as the Add Volume Tiers table has been eliminated in
the MIAX Pearl Equities fee schedule. The Exchange believes that this
change provides more opportunities for market participants to satisfy
this cross-asset volume requirement because there are three volume
calculation methods (described above) available for an Equity Member to
achieve Tier 2 of the NBBO Program, as opposed to the Add Volume Tiers
table, which only provided one volume calculation method.
Adopt Alternative Volume Criteria in Tier 2 of the Market Maker Origin
    The Exchange also proposes to amend the Add/Remove Tiered Rebates/
Fees table set forth in Section 1)a) of the Fee Schedule for the Market
Maker origin to adopt a fourth method by which a Market Maker may
qualify for the fees and rebates in Tier 2 of the Market Maker origin
table. In particular, the Exchange proposes that a Market Maker will
qualify for the Maker rebates and Taker fees in Tier 2 if the Market
Maker's total executed monthly volume, not including Excluded
Contracts, in SPY/QQQ/IWM options on MIAX Pearl is above 0.30% of SPY/
QQQ/IWM TCV when adding liquidity. The Exchange proposes to amend the
explanatory paragraph below the origin tables in Section 1)a) of the
Fee Schedule to add a sentence for the new alternative volume criteria.
Specifically, in Tier 2 for MIAX Pearl Market Makers, the proposed
alternative volume criteria (above 0.30% in SPY/QQQ/IWM when adding
liquidity) will be calculated based on the total monthly volume that
added liquidity executed by the Market Maker collectivity in SPY, QQQ,
and IWM options on MIAX Pearl in the relevant origin type, not
including Excluded Contracts (as the numerator), expressed as a
percentage of (divided by) SPY/QQQ/IWM TCV (as the denominator).
    The purpose of this proposed change is for business and competitive
reasons. The Exchange notes that at least one other competing exchange
has a similar alternative volume calculation method to achieve a higher
rebate that is based on a member's combined posted interest in SPY,
QQQ, IWM options expressed as a percentage of industry-wide average
daily volume in SPY/QQQ/IWM options.\26\
---------------------------------------------------------------------------

    \26\ See NYSE Arca Options Fee Schedule, Market Maker Penny and
SPY Posting Credit Tiers, Super Tier II, available at https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf (providing additional ($0.03)
credit per contract to electronic executions of market maker posted
interest in Penny Issues provided an OTP Holder or OTP Firm achieves
(i) at least 0.55% of total combined IWM, QQQ, and SPY industry ADV
from Market Maker posted interest in IWM, QQQ, and SPY, and (ii) ETP
Holder and Market Maker posted volume in Tape B Adding ADV that is
equal to at least 1.50% of US Tape B CADV executed on NYSE Arca
Equity Market for the billing month).

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

    With the proposed change, the four different volume criteria
available for Tier 2 of the Market Maker origin are based upon either:
(1) the total monthly volume executed by the Market Maker in all
options classes on MIAX Pearl, not including Excluded Contracts, (as
the numerator), expressed as a percentage of (divided by) TCV (as the
denominator); or (2) the total monthly volume executed by the MIAX
Pearl Market Maker collectively in SPY/QQQ/IWM options on MIAX Pearl,
not including Excluded Contracts, (as the numerator), expressed as a
percentage of (divided by) SPY/QQQ/IWM TCV (as the denominator); or (3)
the Market Maker is in Tier 2 of the NBBO Program on MIAX Pearl
Equities and is also in Tier 2 of the Midpoint Volume Tiers program on
MIAX Pearl Equities; or (4) the added liquidity by the MIAX Pearl
Market Maker collectively in SPY/QQQ/IWM options on MIAX Pearl, not
including Excluded Contracts, (as the numerator), expressed as a
percentage of (divided by) SPY/QQQ/IWM TCV (as the denominator). Once
any one of the aforementioned four volume criteria thresholds in Tier 2
of the Market Maker origin is reached by the Market Maker, the Tier 2
per contract rebates and fees apply to all volume in all options
classes executed by that MIAX Pearl Market Maker.
Implementation
    The proposed changes are immediately effective.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \27\ in general, and
furthers the objectives of Section 6(b)(4) of the Act,\28\ in that it
is an equitable allocation of reasonable dues, fees and other charges
among Exchange Members and issuers and other persons using its
facilities, and 6(b)(5) of the Act,\29\ in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78f(b).
    \28\ 15 U.S.C. 78f(b)(4).
    \29\ 15 U.S.C. 78f(b)(1) and (b)(5).
---------------------------------------------------------------------------

    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 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.'' \30\
---------------------------------------------------------------------------

    \30\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).
---------------------------------------------------------------------------

    There are currently 17 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, as of October 30, 2023, no single exchange has
more than approximately 12-13% of the multiply-listed equity options
market share for the month of October 2023.\31\ Therefore, no exchange
possesses significant pricing power. More specifically, as of October
30, 2023, the Exchange had a market share of approximately 6.13% of
executed volume of multiply-listed equity options for the month of
October 2023.\32\
---------------------------------------------------------------------------

    \31\ See the ``Market Share'' section of the Exchange's website,
available at https://www.miaxglobal.com/ (last visited October 30,
2023).
    \32\ See id.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
discontinue or reduce use of certain categories of products and
services, terminate an existing membership or determine to not become a
new member, and/or shift order flow, in response to transaction fee
changes. For example, on February 28, 2019, the Exchange filed with the
Commission a proposal to increase Taker fees in certain Tiers for
options transactions in certain Penny Classes for Priority Customers
and decrease Maker rebates in certain Tiers for options transactions in
Penny Classes for Priority Customers (which fee was to be effective
March 1, 2019).\33\ The Exchange experienced a decrease in total market
share for the month of March 2019, after the proposal went into effect.
Accordingly, the Exchange believes that its March 1, 2019, fee change,
to increase certain transaction fees and decrease certain transaction
rebates, may have contributed to the decrease in MIAX Pearl's market
share and, as such, the Exchange believes competitive forces constrain
the Exchange's, and other options exchanges, ability to set transaction
fees and market participants can shift order flow based on fee changes
instituted by the exchanges.
---------------------------------------------------------------------------

    \33\ See Securities Exchange Act Release No. 85304 (March 13,
2019), 84 FR 10144 (March 19, 2019) (SR-PEARL-2019-07).
---------------------------------------------------------------------------

    The Exchange believes that its proposal represents an equitable
allocation of fees and is not unfairly discriminatory because it
applies uniformly to all Market Makers, in that all Market Makers have
the opportunity to compete for and achieve the proposed new alternative
volume criteria of Tier 2, and the Tier 2 fees and rebates will apply
uniformly to all Market Makers that achieve Tier 2. While the Exchange
has no way of knowing whether this proposed rule change would
definitively result in any particular Market Maker achieving the
proposed alternative volume criteria, the proposed alternative volume
criteria is available for any Market Maker. To the extent a Member
participates on the Exchange but not on MIAX Pearl Equities, the
Exchange believes that the proposal is still reasonable, equitably
allocated and not unfairly discriminatory with respect to such Member
based on the overall benefit to the Exchange resulting from the success
of its equities platform. Particularly, the Exchange believes that
additional such success allows the Exchange to continue to provide and
potentially expand its existing incentive programs to the benefit of
all participants on the Exchange, whether they participate on MIAX
Pearl Equities or not. Additionally, a Market Maker that is not a
Member of MIAX Pearl Equities may still satisfy the current primary
volume criteria or the two other alternative volume criteria (including
the newly proposed alternative volume criteria) that are not based on
meeting certain volume thresholds on MIAX Pearl Equities, to be
eligible for Tier 2 fees and rebates for the Market Maker origin.
    Additionally, the Exchange believes its proposal represents a
reasonable attempt to continue to incentivize market participants to
increase the number and variety of orders sent to the Exchange for
execution. Specifically, the Exchange believes its proposal to amend
the cross-asset volume requirements to require Market Makers to achieve
Tier 2 of the NBBO Program and Midpoint Volume Tiers table on MIAX
Pearl Equities will continue to

incentivize participation in greater volume from cross-asset activity,
which would improve the overall quality of the Exchange's marketplace
to the benefit of all market participants, both on the options and
equities platforms of MIAX Pearl. The Exchange notes that such cross-
asset volume requirements is not new or novel and at least one other
competing exchanges offers a similar method to achieve higher rebates
on its options market.\34\
---------------------------------------------------------------------------

    \34\ See NYSE Arca Options Fee Schedule, Market Maker Penny and
SPY Posting Credit Tiers, Super Tier II, available at https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf (providing a credit of $0.42 when
a Firm has at least 0.15% of TCADV from Market Maker posted interest
in all issues, plus ETP Holder and Market Maker posted volume in
Tape B Securities (``Tape B Adding ADV'') that is equal to at least
1.40% of US Tape B consolidated average daily volume (``CADV'') for
the billing month executed on NYSE Arca Equity Market).
---------------------------------------------------------------------------

    The Exchange believes its proposal to replace the Add Volume Tiers,
Tier 2 requirement with the new requirement to achieve Tier 2 in the
NBBO Program as an alternative method to achieve Tier 2 in the Market
Maker origin table is reasonable because it provides more opportunities
for market participants to satisfy this cross-asset volume requirement
since there are three volume calculation methods (described above)
available for an Equity Member to achieve Tier 2 of the NBBO Program,
as opposed to the Add Volume Tiers table, which only provided one
volume calculation method. Further, volume calculation Method 1 under
the NBBO Program is nearly identical to the Add Volume Tier requirement
prior to it being eliminated. An Equity Member was able to qualify for
Add Volume Tier 2 by achieving an ADAV of at least 0.10% of TCV. An
Equity Member qualifies for Tier 2 of the NBBO Program by achieving an
ADAV of at least 0.08% and less than 0.25% of TCV. Accordingly, the
Exchange believes this proposed change is reasonable because it is
provides additional opportunities to Equity Members to achieve Tier 2
of the NBBO Program through three volume calculation methods, including
one volume calculation method that is the similar in calculation and
required threshold as Add Volume Tier 2 prior to its elimination.
    The Exchange also believes that its new proposed qualifications for
the Tier 2 alternative volume criteria for MIAX Pearl Market Makers is
equitable and not unfairly discriminatory because the Exchange will
uniformly assess the rebates and fees for any Market Makers qualifying
for Tier 2. Finally, encouraging Market Makers to add greater liquidity
benefits all market participants, both on the options and equities
platforms of MIAX Pearl, in the quality of order interaction.

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

    The Exchange does not believe that the proposed rule changes will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
Intra-Market Competition
    The Exchange does not believe that its proposal will impose any
burden on intra-market competition as the Exchange believes that its
proposal will not place any market participant at a competitive
disadvantage as Market Makers may satisfy any of the volume criteria
requirements to be eligible for the Tier 2 fees and rebates for the
Market Maker origin. Further, for Market Makers that are Members of
only the options trading facility of MIAX Pearl, and not the equities
trading facility, those Market Makers may achieve the rebates and fees
associated with Tier 2 of the Market Maker origin table by executing
volume that does not require them to be MIAX Pearl Equity Members via
the alternative methods described above. The Exchange believes that the
proposed changes should continue to encourage the provision of
liquidity in options that enhances the quality of the Exchange's market
and increases the number of trading opportunities on the Exchange for
all participants who will be able to compete for such opportunities.
Additionally, as discussed, the proposed changes are ultimately aimed
at attracting greater order flow to the Exchange, which benefits all
market participants by providing more trading opportunities.
Inter-Market Competition
    The Exchange does not believe that its proposal will impose any
burden on inter-market competition and the Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable.
    There are currently 17 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 ETF options trades as of October 30, 2023, for the month of October
2023.\35\ Therefore, no exchange possesses significant pricing power in
the execution of multiply-listed equity and ETF options order flow.
More specifically, as of October 30, 2023, the Exchange had a market
share of approximately 6.13% of executed volume of multiply-listed
equity and ETF options for the month of October 2023.\36\ In such an
environment, the Exchange must continually adjust its fees and tiers to
remain competitive with other options exchanges. Because competitors
are free to modify their own fees and tiers in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited. The
Exchange believes that the proposed rule changes reflect this
competitive environment because they modify the Exchange's fees and
Tiers in a manner that encourages market participants to continue to
provide liquidity and to send order flow to the Exchange
---------------------------------------------------------------------------

    \35\ See supra note 31.
    \36\ See id.
---------------------------------------------------------------------------

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,\37\ and Rule 19b-4(f)(2) \38\ 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.
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \38\ 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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-PEARL-2023-63 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-PEARL-2023-63. 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 (https://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
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-PEARL-2023-63 and should be
submitted on or before December 12, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\39\
---------------------------------------------------------------------------

    \39\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-25669 Filed 11-20-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 140 (Monday, July 24, 2017)]
[Notices]
[Page 34337]
[FR Doc No: 2017-15413]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81156; File No. SR-BatsBYX-2017-13]

Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To Adopt Rule 4.17, Consolidated Audit Trail--Fee Dispute
Resolution

July 18, 2017.
    On May 23, 2017, Bats BYX Exchange, Inc. (``BYX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'' or ``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to adopt Rule 4.17 (Consolidated
Audit Trail--Fee Dispute Resolution). The proposed rule change was
published for comment in the Federal Register on June 7, 2017.\3\ The
Commission received no comment letters on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 80836 (June 1, 2017), 82
FR 26539 (``Notice'').
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
Commission is extending this 45-day time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change. The
proposed rule change would establish the procedures for resolving
potential disputes related to CAT Fees charged to Industry Members.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates September 5, 2017, as the date by which the
Commission should either approve or disapprove or institute proceedings
to determine whether to disapprove the proposed rule change (File
Number SR-BatsBYX-2017-13).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-15413 Filed 7-21-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Rules and Regulations]
[Pages 27510-27511]
[FR Doc No: 2021-10617]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-1191; Airspace Docket No. 20-AGL-41]
RIN 2120-AA66

Revocation of VOR Federal Airway V-242 Due to the Planned
Decommissioning of the Atikokan, Ontario, Canada, Nondirectional Radio
Beacon (NDB) Navigation Aid

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action removes VHF Omnidirectional Range (VOR) Federal
airway V-242 in the northcentral United States to reflect changes being
made by NAV CANADA in Canadian airspace. The airway removal is
necessary due to the planned decommissioning of the Atikokan, Ontario
(ON), Canada, NDB navigation aid (NAVAID), which provides navigation
guidance for V-242. The Atikokan NDB is being decommissioned as part of
NAV CANADA's NAVAID Modernization Program.

DATES: Effective date 0901 UTC, August 12, 2021. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.11E at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the route structure as necessary to preserve
the safe and efficient flow of air traffic within the National Airspace
System.

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2020-1191 in the Federal Register (85 FR 83839; December 23,
2020), removing VOR Federal airways V-242 in the northcentral United
States to reflect changes being made by NAV CANADA in Canadian
airspace. The proposed revocation action was due to the planned
decommissioning of the Atikokan, ON, Canada, NDB NAVAID. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal. No comments were received.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
7400.11E, dated July 21, 2020, and effective September 15, 2020, which
is incorporated by reference in 14 CFR 71.1. The VOR Federal airway
listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending 14 CFR part 71 to remove VOR Federal airway V-
242. The planned decommissioning of the Atikokan, ON, Canada, NDB has
made this action necessary. The proposed change is outlined below.

    V-242: V-242 extends between the International Falls, MN, VOR/DME
and the Atikokan, ON, Canada, NDB, excluding that airspace within
Canada. The airway is removed in its entirety.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of removing VOR Federal
airway V-242, due to the planned decommissioning of the Atikokan, ON,
Canada, NDB NAVAID, qualifies for categorical exclusion under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. The FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-242 [Removed]

* * * * *

    Issued in Washington, DC, on May 17, 2021.
George Gonzalez,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-10617 Filed 5-20-21; 8:45 am]
BILLING CODE 4910-13-P