[Federal Register Volume 75, Number 218 (Friday, November 12, 2010)]
[Notices]
[Pages 69427-69428]
[FR Doc No: 2010-28476]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1881-066]

PPL Holtwood, LLC; Notice of Application for Amendment of License
and Soliciting Comments, Motions To Intervene, and Protests

November 5, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Amendment of license to change project
boundary.
    b. Project No.: 1881-066.
    c. Date Filed: July 30, 2010.
    d. Applicant: PPL Holtwood, LLC.
    e. Name of Project: Holtwood Hydroelectric Project.
    f. Location: The project is located on the Susquehanna River, in
Lancaster and York Counties, Pennsylvania.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Dennis J. Murphy, Vice President & Chief
Operating Officer, PPL Holtwood, LLC, Two North Ninth Street (GENPL6),
Allentown, Pennsylvania 18101; telephone<PHONE_NUMBER>.
    i. FERC Contact: Hillary Berlin:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>    j. Deadline for Filing Comments, Motions to Intervene, and
Protests: December 6, 2010.
    All documents may be filed electronically via the Internet. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be
filed electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be mailed to: Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments.
    k. Description of Request: The licensee is requesting approval of
the following changes to the project boundary: (1) Removal of 1.22
acres of land from the project boundary to convey to a private resident
in exchange for 0.5 acres adjacent to the Pequea Creek boat launch that
would be added to the project boundary and used to provide additional
parking of the boat launch; (2) removal of a 33.8-acre parcel on which
the Indian Steps Museum and Ulmer-Root-Haines Memorial Park and nature
trail are located and convey land to the Conservation Society of York
County, who currently owns the museum building; (3) removal of
approximately 1,672 acres of land from the project boundary to convey
to the Lancaster County Conservancy and York County, as part of an
agreement that includes granting conservation easements over certain
project lands and the establishment of an endowment fund to preserve
public use of those lands and other land along the Susquehanna River;
and (4) the addition of approximately 61 acres of land owned by the
licensee to the project boundary to be used for the proposed new
powerhouse and other project purposes associated with the capacity-
related amendment that was approved on October 30, 2009.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the

requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ```COMMENTS''', ```PROTEST''', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the amendment application.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-28476 Filed 11-10-10; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on January 13, 2006

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-23124

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  EIRJET LIMITED			    				 Date Filed:  January 9, 2006

Relief requested:  Amend exemption from 49 USC § 40109 and statement of
authorization under 14 CFR Part 212, issued on December 21, 2005, and
effective through January 15, 2006, permitting the applicant to engage
in wet lease operations on behalf of Air Jamaica for Air Jamaica’s
currently authorized U.S. – Jamaica scheduled services, to extend the
effectiveness of that authority through April 30, 2006.

Date and citation of last action:  December 21, 2005, in this Docket.

Applicant representative:  Patricia N. Snyder,<PHONE_NUMBER>	      DOT
analyst:  Robert J. Finamore,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.								Action date:  January 13, 2006

Effective dates of authority granted:  January 16, 2006, through April
30, 2006.

Basis for approval:  Reciprocity with Ireland.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations of our standard exemption conditions
(attached).

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
_______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

FOREIGN CARRIER EXEMPTION CONDITIONS
                              ATTACHMENT

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

1) Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

2) Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

3) Comply with the requirements for minimum insurance coverage contained
in 14 CFR Part 205, and, prior to the commencement of any operations
under this authority, file evidence of such coverage, in the form of a
completed OST Form 6411, with the Federal Aviation Administration’s
Program Management Branch (AFS-260), Flight Standards Service (any
changes to, or termination of, insurance also shall be filed with that
office);

4) Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

5) Conform to the airworthiness and airman competency requirements of
its Government for international air services;

6) Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

7) Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: a) based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or b) based on
a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term “international air transportation” means “international
transportation” as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

8) Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

9) Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department’s
rules governing charters (including 14 CFR Parts 212 and 380); and

11) Comply with such other reasonable terms, conditions, and limitations
required by the public interest as may be prescribed by the Department,
with all applicable orders or regulations of other U.S. agencies and
courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

  05/2004

 The applicant supplemented its request with a motion to shorten the
answer period to January 12, 2006. Eirjet served its application on
those U.S. carriers on the service list.  Each carrier indicated that it
did not oppose grant of the motion or the requested extension of
authority.


[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Notices]
[Page 70755-70756]
[DOCID:fr06de06-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Supplemental Notice of Staff Technical Conference

November 29, 2006.

Midwest Independent Transmission  Docket No. ER05-6-044.
 System Operator, Inc..           Docket No. ER05-6-054.
                                  Docket No. ER05-6-055.
Midwest Independent Transmission  Docket No. EL04-135-046.
 System Operator, Inc. and PJM    Docket No. EL04-135-056.
 Interconnection, L.L.C..         Docket No. EL04-135-057.
Midwest Independent Transmission  Docket No. EL02-111-064.
 System Operator, Inc. and PJM    Docket No. EL02-111-074.
 Interconnection, L.L.C..         Docket No. EL02-111-075.
Ameren Services Company.........  Docket No. EL03-212-060.
                                  Docket No. EL03-212-070.
                                  Docket No. EL03-212-071.
Midwest Independent Transmission  Docket No. ER06-18-000.
 System Operator, Inc..           Docket No. ER06-18-001.
                                  Docket No. ER06-18-002.
                                  Docket No. ER06-18-003.
                                  Docket No. ER06-18-004.
                                  Docket No. ER06-18-005.
PJM Interconnection, LLC........  Docket No. ER06-954-000.
                                  Docket No. ER06-456-000.
                                  Docket No. ER06-1271-000.

    As announced in the Notice of Technical Conference issued on
October 13, 2006, the Commission staff will convene a technical
conference on Tuesday, December 5, 2006, at 9 a.m. at the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426. The room location of the technical conference has been changed
to Hearing Room 1.
    Also, additional docket numbers have been included in the caption
above because issues in these proceedings may be related to issues
arising during the course of discussions in the technical conference.

Magalie R. Salas,
Secretary.
[FR Doc. E6-20596 Filed 12-5-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 19, 2007 (Volume 72, Number 181)]
[Notices]
[Page 53547-53548]
[DOCID:fr19se07-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AC07-204-000]

Great Lakes Gas Transmission Limited Partnership; Notice of
Filing

September 13, 2007.
    Take notice that on August 28, 2007, Great Lakes Gas Transmission
Limited Partnership (``Great Lakes LP'') submitted a filing requesting
approval of its accounting treatment for changes in deferred tax
balances as the result of a sale and purchase of an existing general
partner interest, and a corresponding Internal Revenue Code section 754
election. Great Lakes LP's accounting treatment writes off 46.45
percent of its deferred tax liabilities to equity. In addition, Great
Lakes LP proposes to write off to equity deferred tax liabilities
associated with retirement plans provided by the seller of the general
partner interest. These adjustments reduce Great Lakes LP's deferred
tax balances and increase its equity by approximately $135 million.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 or 385.214). Protests will be
considered by the Commission in determining the

appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Any person wishing to become a party must
file a notice of intervention or motion to intervene, as appropriate.
Such notices, motions, or protests must be filed on or before the
comment date. Anyone filing a motion to intervene or protest must serve
a copy of that document on the Applicant and all the parties in this
proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on September 27, 2007.

Kimberly Bose,
Secretary.
 [FR Doc. E7-18430 Filed 9-18-07; 8:45 am]

BILLING CODE 6717-01-P


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[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Notices]
[Pages 32030-32031]
[FR Doc No: E9-15872]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Office of Commercial Space Transportation; Notice of Availability
of the Final Environmental Assessment (EA) and Finding of No
Significant Impact (FONSI) for the Jacksonville Aviation Authority
(JAA) Launch Site Operator License at Cecil Field, Florida (FL)

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation.

ACTION: Notice of Availability of Final EA and FONSI.

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SUMMARY: In accordance with the National Environmental Policy Act of
1969, as amended (NEPA) (42 U.S.C. 4321 et seq.), Council on
Environmental Quality NEPA implementing regulations (40 CFR Parts 1500-
1508), and FAA Order 1050.1E, Change 1, the FAA is announcing the
availability of the Final EA and FONSI for the Jacksonville Aviation
Authority (JAA) Launch Site Operator License at Cecil Field, FL.
    The EA was prepared in response to an application for a Launch Site
Operator License from JAA. Under the Proposed Action, the FAA would
issue a Launch Site Operator License to JAA to operate a facility for
horizontal launches and landings of suborbital, manned reusable launch
vehicles (RLVs). These vehicles, when operated out of Cecil Field,
could carry space flight participants, scientific experiments, or
payloads. The proposed launch site is located within the city limits of
the City of Jacksonville, FL in Duval County, approximately 15 miles
southwest of downtown Jacksonville. The EA addresses the potential
environmental impacts of implementing the Proposed Action and the No
Action Alternative of not issuing a Launch Site Operator License to
JAA.
    The FAA has posted the Final EA and FONSI on the Internet at http://ast.faa.gov. In addition, CDs of the EA and FONSI were sent to persons
and agencies on the distribution list (found in Chapter 7 of the EA). A
paper copy and a CD version of the EA and FONSI will be made available
for review at the following locations:

Jacksonville Public Library--Argyle Branch, 7973 Old Middleburg Road
South, Jacksonville, FL 32222.
Jacksonville Public Library--Webb Wesconnett Regional, 6887 103rd
Street, Jacksonville, FL 32210.
Jacksonville Public Library--West Regional, 1425 Chaffee Road South,
Jacksonville, FL 32221.
Jacksonville Public Library--Main Branch, 303 N Laura St, Jacksonville,
FL 32202.
Green Cove Springs Library, 403 Ferris St., Green Cove Springs, FL
32043.

    Additional Information: Under the Proposed Action, the FAA would
issue a Launch Site Operator License to JAA that would allow them to
operate Cecil Field for horizontal suborbital RLV launches. JAA has
identified two types of horizontally launched RLVs, Concept X and
Concept Z, which are considered typical vehicles that would be launched
from Cecil Field. The RLVs would launch and land on Runway 18L-36R, the
primary north-south runway at Cecil Field. Both proposed RLVs would
take-off from Cecil Field under jet power. Rocket operations would
occur in a designated offshore area, approximately 60 miles east of the
Florida coast. The RLVs would return to Cecil Field as maneuverable
gliders.
    JAA proposes to use Cecil Field's existing infrastructure, such as
hangars, control tower, and runways for commercial space launch
operations. Therefore, JAA does not anticipate new construction
activities at Cecil Field related to the proposed spaceport.
    The only alternative to the Proposed Action analyzed in the EA is
the No Action Alternative. Under this alternative, the FAA would not
issue a Launch Site Operator License to JAA, and there would be no
commercial space launches from Cecil Field. The site would continue to
be available for existing general aviation and training-related
activities.
    A wide-array of resource areas were considered to provide a context
for understanding and assessing the potential environmental effects of
the Proposed Action, with attention focused on key issues. The resource
areas considered included climate and air quality; coastal resources;
compatible land use; Department of Transportation Act: Section 4(f)
resources; farmlands; fish, wildlife, and plants; floodplains;
hazardous materials, pollution prevention, and solid waste; historical,
architectural, archaeological, and cultural resources; light emissions
and visual resources; natural resources, energy supply, and sustainable
design; noise; socioeconomics; water quality; wetlands; wild and scenic
rivers; children's environmental health and safety risks; environmental
justice; construction impacts; secondary (induced) impacts; airports/
airport users; airspace; transportation; and cumulative impacts.

    The FAA published a Notice of Availability of the Draft Final EA
and FONSI in the Federal Register on April 21, 2009. The FAA hosted a
public meeting during the comment period, on May 14, 2009 in
Jacksonville, Florida during which members of the public,
organizations, tribal groups, and government agencies had the
opportunity to provide oral or written comments on the Draft EA. Two
members of the public provided comments during the meeting. The public
comment period ended on May 20, 2009. One written comment was received
during the public comment period. The Final EA responds to all
substantive comments and includes any changes or edits resulting from
the comments received.

FOR FURTHER INFORMATION CONTACT: Mr. Daniel Czelusniak, Environmental
Specialist, Office of Commercial Space Transportation, Federal Aviation
Administration, 800 Independence Avenue, SW., Room 331, Washington, DC
20591, telephone<PHONE_NUMBER>; E-mail<EMAIL_ADDRESS>
    Issued in Washington, DC on June 29, 2009.
Michael McElligott,
Manager, Space Systems Development Division.
[FR Doc. E9-15872 Filed 7-2-09; 8:45 am]
BILLING CODE 4910-13-P


PBST Facilities With Wastewater Discharges Reported to 2000 TRI Possible PBST Site Visit Locations 2000 TRI Data SIC Code FacilityID FACILITY NAME FACILITY STREET FACILITY CITY FACILITY STATE FACILITY COUNTY FACILITY ZIP CODE Maryland 5171 21224PTRLM1622S PETROLEUM FUEL & TERMINAL CO. 1622 S. CLINTON BALTIMORE MD BALTIMORE CITY 21224 5171 21226MCLC0801OR AMOCO OIL CURTIS BAY TERMINAL 801 ORDNANCE RD. BALTIMORE MD ANNE ARUNDEL 21226 5171 21226BLTMR2400P MOTIVA BALTIMORE TERMINAL 2400 PETROLIA AVE. BALTIMORE MD BALTIMORE CITY 21226 New Jersey 5171 07036GLFLL2600M GULF OIL L. P. LINDEN TERMINAL 2600 MARSHES DOCK RD. LINDEN NJ UNION 07036 5171 07008MCLC0760RO AMOCO OIL CARTERET TERMINAL 760 ROOSEVELT AVE. CARTERET NJ MIDDLESEX 07008 5171 08096GLFLL920KI GULF OIL L. P. WOODBURY TERMINAL 920 KINGS HWY. WOODBURY NJ GLOUCESTER 08096 5171 07077SHLLL111ST MOTIVA SEWAREN TERMINAL 111 STATE ST. SEWAREN NJ SEWAREN 07077 5171 07105GTTYT86DOR GETTY TERMINALS CORP. 86 DOREMUS AVE. NEWARK NJ ESSEX 07105 4805 5171 07105NWRKT909DE MOTIVA NEWARK TERMINAL 909 DELANCY ST. NEWARK NJ ESSEX 07105 Pennsylvania 5171 17105LDRDP900SE ELDORADO PROPERTIES CORP. HIGHSPIRE TERMINAL 900 S. EISENHOWER BLVD. MIDDLETOWN PA DAUPHIN 17057 5171 15108BPXPL510NA BP EXPLORATION & OIL INC. CORAOPOLIS TERMINAL 510 NARROWS RUN RD. CORAOPOLIS PA ALLEGHENY 15108 5171 19355SNCNC41MAL SUNOCO INC. ( R& M) MALVERN TERMINAL 41 MALIN RD. MALVERN PA CHESTER 19355 5171 17111SNCNC80S40 MONTOUR OIL KELLY CO. 80 S. 40TH ST. HARRISBURG PA DAUPHIN 17111 5171 17754SNCNCSANDH MONTOUR OIL SANDHILL 130 SANDHILL RD. MONTOURSVILLE PA LYCOMING 17754 5171 17872SNCNCRR2BO MONTOUR OIL SHAMOKIN RR2 P. O. BOX 601 RTE. 61 SHAMOKIN PA NORTHUMBERLAND 17872 5171 15225GLFLL5050G GULF OIL L. P. NEVILLE ISLAND TERMINAL 400 GRAND AVE. PITTSBURGH PA ALLEGHENY 15225 5171 19153XXNPH6850E EXXONMOBIL CORP. PHILADELPHIA TERMINAL 6850 ESSINGTON AVE. PHILADELPHIA PA PHILADELPHIA 19153 5171 19341SNCNC601EL SUNOCO INC. ( R& M) EXTON TERMINAL 601 E. LINCOLN HWY. EXTON PA CHESTER 19341 5171 19355MBLLM8SMAL EXXONMOBIL OIL CORP. MALVERN TERMINAL 8 S. MALIN RD. FRAZER PA CHESTER 19355 5171 15201SNCNC5733B SUNOCO PITTSBURGH TERMINAL 5733 BUTLER ST. PITTSBURGH PA ALLEGHENY 15201 5171 15626SNCNCRTE66 SUNOCO INC. ( R& M) DELMONT TERMINAL RTE. 66 N. DELMONT PA DELMONT 15626 5171 16601SNCNCRD2BO SUNOCO ELDORADO TERMINAL P. O. BOX 379 ALTOONA PA BLAIR 16601 5171 17055SNCNC5145S SUNOCO ( R& M) MECHANICSBURG TERMINAL 5145 SIMPSON FERRY RD. MECHANICSBURG PA CUMBERLAND 17055 5171 17857SNCNCRD2BO SUNOCO INC. ( R& M) NORTHUMBERLAND TERMINAL RD. # 2 BOX 285E NORTHUMBERLAND PA NORTHUMBERLAND 17857 5171 18704SNCNCRTE11 SUNOCO INC. ( R& M) KINGSTON TERMINAL RTE. 11 BOX 1479 KINGSTON PA LUZERNE 18704 5171 19014SNCNC4041M SUNOCO INC. ( R& M) TWIN OAKS TERMINAL 4041 MARKET ST. ASTON PA DELAWARE 19014 5171 19608SNCNCFRITZ SUNOCO MONTELLO TERMINAL P. O. BOX 2089 FRITZTOWN RD. SINKING SPRING PA BERKS 19608 Page 1 PBST Facilities With Wastewater Discharges Reported to 2000 TRI SIC Code FacilityID FACILITY NAME FACILITY STREET FACILITY CITY FACILITY STATE FACILITY COUNTY FACILITY ZIP CODE Virginia 5171 22122CRWNC8211T CROWN CENTRAL PETROLEUM CORP. 8211 TERMINAL RD. NEWINGTON VA FAIRFAX 22122 5171 22122XXNCS8200T EXXONMOBIL CORP. NEWINGTON TERMINAL 8200 TERMINAL RD. NEWINGTON VA FAIRFAX 22122 5171 22110MBLLM10315 TOSCO MANASSAS TERMINAL 10315 BALLS FORD RD. MANASSAS VA PRINCE WILLIAM 22110 5171 23324XXNCH4115B EXXONMOBIL CORP. CHESAPEAKE TERMINAL 4115 BUELL ST. CHESAPEAKE VA CHESAPEAKE CITY 23324 5171 23234KCHPT4110D KOCH PETROLEUM GROUP L. P. 4110 DEEPWATER TERMINAL RD. RICHMOND VA RICHMOND CITY 23234 2221 5171 24012XXNRN835HO EXXONMOBIL CORP. ROANOKE TERMINAL 835 HOLLINS RD. N. E. ROANOKE VA ROANOKE CITY 24012 5171 22031FRFXT3800P MOTIVA FAIRFAX TERMINAL 3800 PICKETT RD. FAIRFAX VA FAIRFAX 22031 5171 23324CRWNC801FO CROWN CENTRAL PETROLEUM CORP. 801 FOOT OF BUTT ST. CHESAPEAKE VA CHESAPEAKE CITY 23324 West Virginia 5171 25311PNNZL1015B PENNZOIL QUAKER STATE CO. ETOWAH TERMINAL 1015 BARLOW DR. CHARLESTON WV KANAWHA 25311 5171 25314XXNCHSTAND EXXONMOBIL CORP. CHARLESTON TERMINAL STANDARD & MCCORKLE ST. CHARLESTON WV KANAWHA 25314 Data Source: EPA. 2000 Toxic Release Inventory ( TRI) & ERG. Estimated Toxic Pound Equivalent Load Calculations ( based on 2000 TRI data)

List based on sites reporting wastewater discharges to TRI in 2000 and contributing to the toxic pound equivalent loads calculated in September 2003.

The following sites do not appear to be typical PBST sites based on chemicals reported to TRI for reporting year 2000.

5171 21903CSTLN950PR COASTAL UNILUBE INC. Only reported ethylene glycol & zinc compounds to TRI 5171 07002BYNNL1AVEJ EXXONMOBIL BAYONNE LUBRICANTS PLANT Only reported ethylene glycol, copper compounds, & zinc compounds to TRI Page 2 PBST Facilities With Wastewater Discharges Reported to 2000 TRI Possible PBST Site Visi 2000 TRI Data SIC Code FacilityID Maryland 5171 21224PTRLM1622S 5171 21226MCLC0801OR 5171 21226BLTMR2400P New Jersey 5171 07036GLFLL2600M 5171 07008MCLC0760RO 5171 08096GLFLL920KI 5171 07077SHLLL111ST 5171 07105GTTYT86DOR 5171 07105NWRKT909DE Pennsylvania 5171 17105LDRDP900SE 5171 15108BPXPL510NA 5171 19355SNCNC41MAL 5171 17111SNCNC80S40 5171 17754SNCNCSANDH 5171 17872SNCNCRR2BO 5171 15225GLFLL5050G 5171 19153XXNPH6850E 5171 19341SNCNC601EL 5171 19355MBLLM8SMAL 5171 15201SNCNC5733B 5171 15626SNCNCRTE66 5171 16601SNCNCRD2BO 5171 17055SNCNC5145S 5171 17857SNCNCRD2BO 5171 18704SNCNCRTE11 5171 19014SNCNC4041M 5171 19608SNCNCFRITZ Discharge Location Percent Discharges from Stormwater PUBLIC CONTACT NAME PUBLIC CONTACT PHONE NPDES Permit Number Discharge Type WEST BRANCH OF THE PATAPSCO RIVER 100% JOE WIENECKE 410 342 7800 MD0057673 Direct CURTIS CREEK 100% MARIBETH DOBBINS 410 847 1812 MD0000396 Direct PATAPSCO RIVER varies for each chemical SHAWN FREDERICK 302 834 6036 MD0000744 Direct RAHWAY RIVER 100% MR. ANDREW S. BELAND 617 889 9080 NJ0000311 Direct RAHWAY RIVER VIA DITCH 100% MARIBETH DOBBINS 410 847 1812 NJ0000213 Direct( D)/ Indirect( I)

MANTUA CREEK 100% MR. ANDREW BELAND 617 889 9080 NJ0026026 Direct WOODBRIDGE CREEK varies; mostly 100% SHAWN FREDERICK 302 834 6036 NJ0000752 Direct PASSAIC RIVER 100% ROBERT SLADE 516 338 6000 NJ0026034 Direct NEWARK BAY 100% SHAWN FREDERICK 302 834 6036 NJ0002160 Direct( D)/ Indirect( I)

UNNAMED TRIBUTARY OF LAUREL RUN not reported THOMAS M. CARPER 717 939 0466 PAOO85928 Direct OHIO RIVER 100% DOUGLAS M. VOPAT 216 271 8189 PA0003816 Direct LITTLE VALLEY CREEK 100% JEFFREY MCGILL 215 246 8267 PA0035297 Direct SPRING CREEK 100% RICK THOMAS 570 368 8611 PA0083453 Direct TRIBUTARY TO LOYALSOCK CREEK 100% RICK THOMAS 570 368 8611 PA0038300 Direct TRIBUTARY TO SHAMOKIN CREEK 100% RICK THOMAS 570 368 8611 PA0113573 Direct OHIO RIVER 100% MR. ANDREW S. BELAND 617 889 9080 PA0027928 Direct SCHUYKILL RIVER 100% REID KNIGHT 215 937 6410 PA0011088 Direct VALLEY CREEK 100% JEFFREY MCGILL 215 246 8267 PA0054305 Direct LITTLE VALLEY CREEK not reported GEORGE SHEALEY 610 695 8018 PA0053635 Direct ALLEGHENY RIVER 100% JEFFREY MCGILL 215 246 8267 PA0003484 Direct THORN RUN 100% JEFFREY MCGILL 215 246 8267 PA0024252 Direct SUGAR RUN & BURGOON RUN 100% JEFFREY MCGILL 215 246 8267 PA0024244 Direct CEDAR RUN ( YELLOW BREECHES CREEK) 100% JEFFREY MCGILL 215 246 8267 PA0086711 Direct SUSQUEHANNA RIVER 100% JEFFREY MCGILL 215 246 8267 PA0045969 Direct TOBY CREEK 100% JEFFREY MCGILL 215 246 8267 PA0062715 Direct BALDWIN RUN 100% JEFFREY MCGILL 215 246 8267 PA0035297 Direct CACOOSING CREEK 100% JEFFREY MCGILL 215 246 8267 none reported Direct Page 3 PBST Facilities With Wastewater Discharges Reported to 2000 TRI SIC Code FacilityID Virginia 5171 22122CRWNC8211T 5171 22122XXNCS8200T 5171 22110MBLLM10315 5171 23324XXNCH4115B 5171 23234KCHPT4110D 5171 24012XXNRN835HO 5171 22031FRFXT3800P 5171 23324CRWNC801FO West Virginia 5171 25311PNNZL1015B 5171 25314XXNCHSTAND Data Source: EPA. 2000 Tox List based on sites reporting w The following sites do not appear to 5171 21903CSTLN950PR 5171 07002BYNNL1AVEJ Discharge Location Percent Discharges from Stormwater PUBLIC CONTACT NAME PUBLIC CONTACT PHONE NPDES Permit Number Discharge Type UNNAMED TRIBUTARY TO LONG BRANCH 100% HUGHEY STCLAIR 703 550 9515 VA0058572 Direct ACCOTINK CREEK 100% DELEON SHEPARD 703 550 3513 VA0001945 Direct BULL RUN 100% MICHAEL KARLOVICH 908 523 6041 VA0087858 Direct MILLDAM CREEK 100% JOHN KISER 757 494 0462 VA0053911 Direct JAMES RIVER 100% none reported none reported VA0058378 Direct No wastewater discharges reported DON MARTIN 540 982 3515 VA0079006 Indirect CROOK BRANCH 100% SHAWN FREDERICK 302 834 6036 VA0002283 Direct BRANCH OF THE ELIZABETH RIVER 100% EDDIE SENTERFITT 757 545 0245 VA0058572 Direct KANAWHA RIVER 100% JOHN HUTCHINSON 304 342 8161 WV0045225 Direct KANAWHA RIVER 100% ROBBIE COLE 304 347 1058 WV0001571 Direct( D)/ Indirect( I)

Page 4 PBST Facilities With Wastewater Discharges Reported to 2000 TRI Possible PBST Site Visi 2000 TRI Data SIC Code FacilityID Maryland 5171 21224PTRLM1622S 5171 21226MCLC0801OR 5171 21226BLTMR2400P New Jersey 5171 07036GLFLL2600M 5171 07008MCLC0760RO 5171 08096GLFLL920KI 5171 07077SHLLL111ST 5171 07105GTTYT86DOR 5171 07105NWRKT909DE Pennsylvania 5171 17105LDRDP900SE 5171 15108BPXPL510NA 5171 19355SNCNC41MAL 5171 17111SNCNC80S40 5171 17754SNCNCSANDH 5171 17872SNCNCRR2BO 5171 15225GLFLL5050G 5171 19153XXNPH6850E 5171 19341SNCNC601EL 5171 19355MBLLM8SMAL 5171 15201SNCNC5733B 5171 15626SNCNCRTE66 5171 16601SNCNCRD2BO 5171 17055SNCNC5145S 5171 17857SNCNCRD2BO 5171 18704SNCNCRTE11 5171 19014SNCNC4041M 5171 19608SNCNCFRITZ 2000 TRI Chemicals: Wastewater Releases Benzene Benzo( g, h, i)

perylene Cu mene Cyclohexane Ethylbenzene Methyl Tert

Butyl Ether Naphthalene n Hexane PACs Tert Butyl Alcohol Toluene Xylenes 1,2,4 Trimethylbenzene Mercury or Mercury Compounds Zinc or Zinc Compounds X XX X XX X X 0( b) 0( b) X X X X 0( b) X X X 0( b) X X X X NA( c) X X X X NA( c) X X X X ( D, I) X ( D, I) D  ( b); I  X 0( b) ( D, I) X ( D, I) X ( D, I) X ( D, I) 0( b) ( D, I)

X NA( c) X X X X NA( c) X X X NA( c)

X 0( b) X X X 0( b) X X X X 0( b) ( b) ( b) X 0( b) X X 0( b)

0( b) ( D, I) 0( b) ( D, I) 0( b) ( D, I) D  ( b); I  X 0( b) ( D, I) 0( b) ( D, I) 0( b) ( D, I) 0( b) ( D, I) 0( b) ( D, I)

X X X X X X 0( b) X X ( a) X X X 0( b) 0( b) X X 0( b)

X X 0( b) 0( b) X 0( b) 0( b) 0( b) 0( b) X X 0( b)

X 0( b) X X X X 0( b) 0( b) X 0( b) 0( b) 0( b) X X 0( b)

X 0( b) X X X NA( c) NA( c) NA( c) NA( c) NA( c) X NA( c) NA( c) NA( c) NA( c) NA( c)

0( b) NA( c) X X X NA( c) X X X 0( b) X 0( b) X X X 0( b)

0( b) NA( c) 0( b) X X NA( c) X X X 0( b) 0( b) 0( b) X 0( b) 0( b) 0( b) 0( b) X X 0( b)

X 0( b) 0( b) 0( b) X 0( b) 0( b) 0( b) 0( b) X X 0( b)

X 0( b) 0( b) 0( b) X 0( b) 0( b) 0( b) 0( b) X X 0( b)

X 0( b) 0( b) 0( b) X 0( b) 0( b) 0( b) 0( b) X X 0( b)

X 0( b) 0( b) 0( b) X 0( b) 0( b) 0( b) 0( b) X X 0( b) 0( b)

X 0( b) 0( b) 0( b) X 0( b) 0( b) 0( b) 0( b) X X 0( b)

X 0( b) 0( b) X 0( b) 0( b) 0( b) 0( b) X X 0( b)

X 0( b) X 0( b) 0( b) 0( b) 0( b) X X 0( b)

Page 5 PBST Facilities With Wastewater Discharges Reported to 2000 TRI SIC Code FacilityID Virginia 5171 22122CRWNC8211T 5171 22122XXNCS8200T 5171 22110MBLLM10315 5171 23324XXNCH4115B 5171 23234KCHPT4110D 5171 24012XXNRN835HO 5171 22031FRFXT3800P 5171 23324CRWNC801FO West Virginia 5171 25311PNNZL1015B 5171 25314XXNCHSTAND Data Source: EPA. 2000 Tox List based on sites reporting w The following sites do not appear to 5171 21903CSTLN950PR 5171 07002BYNNL1AVEJ Benzene Benzo( g, h, i)

perylene Cu mene Cyclohexane Ethylbenzene Methyl Tert

Butyl Ether Naphthalene n Hexane PACs Tert Butyl Alcohol Toluene Xylenes 1,2,4 Trimethylbenzene Mercury or Mercury Compounds Zinc or Zinc Compounds X 0( b) X X X X X X X NA( c) X X X NA( c) X X 0( b) 0( b) 0( b) 0( b) X 0( b) 0( b) X X 0( b)

0( b) NA( c) 0( b) X X ( c) X X NA( c) 0( b) X NA( c) 0( b) NA( c) 0( b) X X 0( b) 0( b) 0( b) 0( b) X X 0( b) NA( c) 0( b) X 0( b) NA( c) 0( b) 0( b) 0( b)

0( b) 0( b) X 0( b) 0( b) 0( b) 0( b)

X XXNA( c) X X X X NA( c)

0( b) NA( c) 0( b) 0( b) NA( c) 0( b) X X  Wastewater discharge reported to TRI in 2000.

( a)  Site reported discharges of specific xylene compounds ( m xylene, o xylene, & p xylene).

0( b)  Wastewater discharge equal to 0 reported to TRI in 2000 .

NA ( c)  Not applicable ( I. e., no potential to discharge pollutant to wastewater). Page 6 PBST Facilities With Wastewater Discharges Reported to 2000 TRI Possible PBST Site Visi 2000 TRI Data SIC Code FacilityID Maryland 5171 21224PTRLM1622S 5171 21226MCLC0801OR 5171 21226BLTMR2400P New Jersey 5171 07036GLFLL2600M 5171 07008MCLC0760RO 5171 08096GLFLL920KI 5171 07077SHLLL111ST 5171 07105GTTYT86DOR 5171 07105NWRKT909DE Pennsylvania 5171 17105LDRDP900SE 5171 15108BPXPL510NA 5171 19355SNCNC41MAL 5171 17111SNCNC80S40 5171 17754SNCNCSANDH 5171 17872SNCNCRR2BO 5171 15225GLFLL5050G 5171 19153XXNPH6850E 5171 19341SNCNC601EL 5171 19355MBLLM8SMAL 5171 15201SNCNC5733B 5171 15626SNCNCRTE66 5171 16601SNCNCRD2BO 5171 17055SNCNC5145S 5171 17857SNCNCRD2BO 5171 18704SNCNCRTE11 5171 19014SNCNC4041M 5171 19608SNCNCFRITZ Direct ( Y/ N) Indirect ( Y/ N) Both ( Y/ N) SumOfIndirect TWPEs SumOfAdjusted Direct TWPE TWPE Discharged to Surface Water Notes Y N N 14.89 14.89 Managed by: Joe Wienecke ( 410 342 7800); Modes served: pipeline, water, truck ( ILTA 2001 Directory)

Y N N 0.85 0.85 Y N N 0.14 0.14 Y N N 9.82 9.82 Y Y Y 0.016101964 1.07 1.08 Y N N 0.27 0.27 Y N N 0.10 0.10 Y N N 0.01 0.01 N Y N 0.000317973 0.00 0.00 Y N N 0.52 0.52 Y N N 0.41 0.41 Y N N 0.34 0.34 Y N N 0.15 0.15 Y N N 0.15 0.15 Y N N 0.15 0.15 Y N N 0.08 0.08 Y N N 0.06 0.06 Y N N 0.05 0.05 Y N N 0.04 0.04 Y N N 0.04 0.04 Y N N 0.04 0.04 Y N N 0.04 0.04 Y N N 0.04 0.04 Y N N 0.04 0.04 Y N N 0.04 0.04 Y N N 0.04 0.04 Y N N 0.04 0.04 Toxic Pound Equivalent Load Calculations Page 7 PBST Facilities With Wastewater Discharges Reported to 2000 TRI SIC Code FacilityID Virginia 5171 22122CRWNC8211T 5171 22122XXNCS8200T 5171 22110MBLLM10315 5171 23324XXNCH4115B 5171 23234KCHPT4110D 5171 24012XXNRN835HO 5171 22031FRFXT3800P 5171 23324CRWNC801FO West Virginia 5171 25311PNNZL1015B 5171 25314XXNCHSTAND Data Source: EPA. 2000 Tox List based on sites reporting w The following sites do not appear to 5171 21903CSTLN950PR 5171 07002BYNNL1AVEJ Direct ( Y/ N) Indirect ( Y/ N) Both ( Y/ N) SumOfIndirect TWPEs SumOfAdjusted Direct TWPE TWPE Discharged to Surface Water Notes Y N N 0.43 0.43 Y N N 0.13 0.13 Y N N 0.05 0.05 Managed By John Humphreys ( 703 368 9055); Modes served: Truck; Commodities handled: gasoline, diesel Y N N 0.04 0.04 Y N N 0.03 0.03 N Y N 0.002155213 0.00 0.00 Y N N 0.00 0.00 Y N N 0.00 0.00 Y N N 0.45 0.45 Y N N 0.00 0.00 ILTA: Independent Liquid Terminals Association Page 8


[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Pages 73576-73577]
[FR Doc No: 2014-29085]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2007-0706; FRL -9920-36-OA]

Proposed Information Collection Request; Comment Request; State
Small Business Stationary Source Technical and Environmental Compliance
Assistance Programs (SBTCP) Annual Reporting Form (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``State Small Business Stationary
Source Technical and Environmental Compliance Assistance Programs
(SBTCP) Annual Reporting Form (Renewal)'' (EPA ICR No. 1748.10, OMB
Control No. 2060-0337) to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public
comments on specific aspects of the proposed information collection as
described below. This is a proposed extension of the ICR, which is
currently approved through May 31, 2015. An Agency may not conduct or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before February 9, 2015.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OA-
2007-0706 online using www.regulations.gov (our preferred method), by
email to oei.docket@epa.gov,or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Paula Hoag, Office of Small Business
Programs, (1230T), Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave., NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: As part of the Clean Air Act Amendments of 1990, the U.S.
Congress included, as part of section 507, the requirements that each
state establish a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program to assist small businesses
in complying with the Act. These programs are generally known as Small
Business Environmental Assistance Programs (SBEAPs). EPA's Small
Business Ombudsman must oversee the overall 507 program and be able to
provide the Congress with periodical reports on the effectiveness,
difficulties encountered and other relevant information on the program.
Each state will submit requested information to EPA for compilation and
summarization. This collection of information is mandatory under
Section 507(a), (d) and (e) of the Clean Air Act as amended in 1990,
Public Law 101-549, November 15, 1990. Information that is collected is
aggregated and is not of a confidential nature. None of the information
collected by this action results in/or requests sensitive information
of any nature from the states.
    Form Numbers: None.
    Respondents/affected entities: State and/or state appointed
entities of the 507 program, usually college or university staff.
    Respondent's obligation to respond: Mandatory under Section 507(a),
(d) and (e) of the Clean Air Act as amended in 1990, Public Law 101-
549, November 15, 1990.
    Estimated number of respondents: 53 (total).
    Frequency of response: Annual.
    Total estimated burden: 2,120 hours (per year). Burden is defined
at 5 CFR 1320.03(b)
    Total estimated cost: $ 104,664 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: There is no change in the total estimated
respondent burden compared with the ICR currently approved by OMB.
There is a possibility that the total estimated cost may increase
slightly due to inflation prices and will be determined once final
numbers are generated but generally speaking hours spent in responding
to the data collection will not change.

    Dated: November 20, 2014.
Kimberly Y. Patrick,
Acting Director, Office of Small Business Programs.
[FR Doc. 2014-29085 Filed 12-10-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 124 (Thursday, June 29, 2023)]
[Notices]
[Pages 42117-42123]
[FR Doc No: 2023-13790]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97788; File No. SR-Phlx-2023-26]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Phlx
Options 7 Regarding PXL Order Pricing

June 22, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 13, 2023, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its Pricing Schedule at Options 7:
Section 1, General Provisions; Section 3, Rebates and Fees for Adding
and Removing Liquidity in SPY; and Section 6, Other Transaction
Fees.\3\
---------------------------------------------------------------------------

    \3\ On June 2, 2023, the Exchange withdrew SR-Phlx-2023-20 and
replaced it with SR-Phlx-2023-24. On June 5, 2023, the Exchange
withdrew SR-Phlx-2023-24 and replaced it with SR-Phlx-2023-25. On
June 13, 2023, the Exchange withdrew SR-Phlx-2023-25 and replaced it
with the instant filing.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/phlx/rules, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Phlx's Pricing Schedule at Options
7: Section 1, General Provisions; Section 3, Rebates and Fees for
Adding and Removing Liquidity in SPY; and Section 6, Other Transaction
Fees. Specifically, Phlx proposes to: (1) introduce new references in
Options 7, Section 1; and (2) amend its Price Improvement XL (``PIXL'')
\4\ pricing for both options overlying SPY and other options to provide
more detail regarding the pricing of unrelated market or marketable
interest and make other amendments to utilize the proposed references.
Each change is described below.
---------------------------------------------------------------------------

    \4\ A member may electronically submit for execution an order it
represents as agent on behalf of a Public Customer, broker-dealer,
or any other entity (``PIXL Order'') against principal interest or
against any other order it represents as agent (an ``Initiating
Order'') provided it submits the PIXL Order for electronic execution
into the PIXL Auction pursuant to Options 3, Section 13.
---------------------------------------------------------------------------

Options 7, Section 1
    The Exchange proposes to amend Options 7, Section 1(c) to introduce
four new references: ``Initiating Order'', ``PIXL Auction Order'',
``PIXL Order'', and ``PIXL Response.''
    The Exchange proposes to provide that the term ``Initiating Order''
is one-side of a PIXL Auction Order that represents principal or other
interest which is paired with a PIXL Order.
    The Exchange proposes to provide that a ``PIXL Auction Order'' is a
two-sided, paired order, comprised of a PIXL Order and an Initiating
Order.
    The Exchange proposes to provide that a ``PIXL Order'' is one-side
of a PIXL Auction Order that represents an agency order on behalf a
Public Customer, broker-dealer or other entity which is paired with an
Initiating Order.
    Finally, the Exchange proposes to provide that a ``PIXL Response''
is interest that executed against the PIXL Order pursuant to Options 3,
Section 13.
    The Exchange believes that these references will bring more
transparency to Phlx's PIXL pricing.\5\
---------------------------------------------------------------------------

    \5\ The Exchange also proposes a technical amendment in Options
7, Section 1(c) to add a period to the end of the reference to
``floor transaction.''
---------------------------------------------------------------------------

Options 7, Section 3
    The Exchange proposes to amend PIXL pricing for options overlying
SPY in Options 7, Section 3, Part C. The Exchange proposes to replace
the current text below with a proposed table. The current text of
Options 7, Section 3, related to PIXL Executions in SPY, provides,

     Initiating Order: $0.05 per contract. Members or member
organizations that qualify for Options 7, Section 2, Customer Rebate
Tiers 2 through 6 or qualify for the Monthly Firm Fee Cap are
eligible for a rebate of $0.12 per contract for all SPY Complex PIXL
Orders greater than 499 contracts when contra to an Initiating
Order, provided the member or member organization executes an
average of 2,500 contracts per day of SPY Complex PIXL Orders in a
month.
     When the PIXL Order is contra to the Initiating Order,
a Customer PIXL Order will be assessed $0.00 per contract and all
other Non-Customer market participants will be assessed a $0.38 per
contract fee when contra to an Initiating Order.
     When the PIXL Order is contra to other than the
Initiating Order, the PIXL Order will be assessed $0.00 per
contract, unless the PIXL Order is a Customer, in which case the
Customer will receive a rebate of $0.40 per contract.
     All other Non-Customer contra parties to the PIXL Order
that are not the Initiating Order will be assessed a Fee for
Removing Liquidity of $0.50 per contract or will receive the Rebate
for Adding Liquidity. When the PIXL Order is contra to a Lead Market
Maker or Market Maker quote, which was established at the initiation
of a PIXL auction, the Customer PIXL Order will not be eligible for
a rebate.

    In lieu of the current rule text, the Exchange proposes the below
table.

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
Type of market participant                         PIXL Order executes
                                                against Initiating Order
                                                           \1\
                                                  PIXL Order executes against a PIXL Response or
                                                      unrelated market or marketable interest
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Initiating   PIXL Order   PIXL Order   PIXL Order   PIXL Response or  Unrelated market or marketable
                                                  Order fee          fee       rebate          fee   unrelated market   interest received prior to a
                                                                                or marketable   PIXL Auction fee
                                                                                interest received
                                                                                during a PIXL
                                                                                Auction fee
--------------------------------------------------------------------------------------------------------------------------------------------------------
Customer......................................        $0.05        $0.00    \2\ $0.40          N/A              $0.00  Options 7, Section 3, Part A
                                                                                Rebate for Adding Liquidity/
                                                                                Options 7, Section 3, Part B Fee
                                                                                for Adding Liquidity.
Non-Customer..................................         0.05         0.38          N/A        $0.00               0.50  Options 7, Section 3 Part A
                                                                                Rebate for Adding Liquidity/
                                                                                Options 7, Section 3 Part B Fee
                                                                                for Adding Liquidity.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The current rule text in the first bullet states that the
Initiating Order is $0.05 per contract. This fee currently applies to
Customers \6\ and Non-Customers \7\ and is reflected in the proposed
table in a manner consistent with the current rule text. The remainder
of the sentence was relocated to footnote 1. The Exchange proposes to
amend the original rule text by breaking the current sentence into two
sentences and restating the rebate that will be paid by the Exchange
for SPY Complex Orders in a succinct manner. This non-substantive
amendment to new footnote 1 would provide,
---------------------------------------------------------------------------

    \6\ The term ``Customer'' applies to any transaction that is
identified by a member or member organization for clearing in the
Customer range at The Options Clearing Corporation (``OCC'') which
is not for the account of a broker or dealer or for the account of a
``Professional'' (as that term is defined in Options 1, Section
1(b)(45)). See Options 7, Section 1(c).
    \7\ The term ``Non-Customer'' applies to transactions for the
accounts of Lead Market Makers, Market Makers, Firms, Professionals,
Broker-Dealers and JBOs. See Options 7, Section 1(c).

    A rebate of $0.12 will be paid to members or member
organizations that qualify for Options 7, Section 2, Customer Rebate
Tiers 2 through 6 or qualify for the Monthly Firm Fee Cap. The
rebate will be paid on all SPY Complex PIXL Orders greater than 499
contracts when contra to an Initiating Order, provided the member or
member organization executes an average of 2,500 contracts per day
---------------------------------------------------------------------------
of SPY Complex PIXL Orders in a month.

    The current rule text in the second bullet applies to the scenario
where the PIXL Order is contra to the Initiating Order. In this case,
the Customer PIXL Order is assessed $0.00 per contract and Non-Customer
PIXL Orders are assessed a $0.38 per contract fee. The proposed table
reflects these current PIXL Order fees and does not substantively amend
the rule text in this second bullet.
    The current rule text in the third bullet applies to the scenario
when the PIXL Order is contra to a PIXL Response or unrelated market or
marketable interest. In this case, the PIXL Order is $0.00 for Non-
Customers and the Customer receives a rebate of $0.40 per contract. The
proposed table reflects these current PIXL Order fees and does not
substantively amend the rule text in this third bullet.
    Finally, the current rule text in the fourth bullet provides that
Non-Customer PIXL Responses or unrelated market or marketable interest
that trades with a PIXL Order are assessed a Fee for Removing Liquidity
of $0.50 per contract. The Exchange notes that this fee is currently
appliable to unrelated market or marketable interest that was received
during the PIXL Auction. This fee is reflected in the proposed table
but is not referred to as a Fee to Remove Liquidity, rather simply as a
fee. The rule text states that Non-Customers could also receive a
Rebate for Adding Liquidity, but such a rebate is not possible in this
scenario as the PIXL Responses and unrelated market or marketable
interest would be removing liquidity in this scenario. Because the
Rebate for Adding Liquidity is not possible in this scenario, it is
being removed. The last sentence of the final bullet is reflected in
footnote 2 to the table and the language has been amended to replace
the words ``contra to'' with ``executed against.'' Also, the word
``unrelated'' was added before Lead Market Maker or Market Maker quote
because that interest would have been placed on the order book. The
Exchange amended the language to clearly state ``which was received
prior to the PIXL Auction'' instead of ``established at the initiation
of a PIXL auction.'' \8\ The Exchange believes the proposed rule text
adds clarity to understand the particular scenario.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 80064 (February 24,
2017), 82 FR 11666 (February 24, 2017) (SR-Phlx-2017-15).
---------------------------------------------------------------------------

    The current rule text does not make clear the fee that a Customer
PIXL Response or unrelated market or marketable interest, received
during a PIXL Auction, would be assessed when that response or interest
executes against a PIXL Order. Today, the Customer PIXL Response or
unrelated market or marketable interest received during a PIXL Auction
is not assessed a fee in this scenario. The Exchange proposes to
memorialize the $0.00 per contract rate in this proposed table at this
time to add transparency to the SPY PIXL pricing. This fee is not
changing, rather it is being memorialized in the proposed table.
    The Exchange notes that unrelated market or marketable interest
received in SPY during a PIXL Auction is noted in the current rule
text, other than the Customer PIXL Response or unrelated market or
marketable interest described above. Today, unrelated market or
marketable interest in SPY received prior to the PIXL Auction is
subject to the simple order book pricing within Options 7, Section 3,
Part A and the complex order book pricing within Options 7, Section 3,
Part B. At this time, the Exchange proposes to memorialize this pricing
in the proposed table. The Exchange applies the order book pricing
within Options 7, Section 3, Parts A and B to interest received prior
to the PIXL Auction, which is considered unrelated market or marketable
interest for purposes of the PIXL Auction, because at the time the
interest was submitted to the order book, the Phlx members and member
organizations would have known \9\ that

there was no ongoing PIXL Auction and would not expect to be subject to
the PIXL pricing. Rather, these market participants would be subject to
SPY order book pricing similar to all other orders entered into Phlx's
order book. In contrast, the Exchange applies the SPY PIXL pricing
within Options 7, Section 3 to the unrelated market or marketable
interest that interest arrived during a PIXL Auction because Phlx seeks
to incentivize members and member organizations to submit PIXL Auction
Orders to receive a guaranteed execution and potential price
improvement. Phlx members and member organizations submitting interest
to the order book during a PIXL Auction are aware that they may be
allocated in the PIXL Auction. The Exchange assesses the SPY PIXL
pricing within Options 7, Section 3 in the same manner that responders
to the PIXL Auction are assessed fees for their PAN responses. The
unrelated market or marketable interest that received an allocation
within the PIXL Auction would be uniformly subject to the same fees as
those Phlx members and member organizations who submitted PAN responses
and were allocated, thereby receiving a guaranteed execution and
potential price improvement. The pricing for unrelated market or
marketable interest received during a PIXL Auction is not changing,
this is the pricing being assessed today by Phlx.
---------------------------------------------------------------------------

    \9\ Phlx members and member organizations become aware of
ongoing PIXL Auctions when Phlx disseminates a PIXL Auction
Notification or ``PAN.'' When the Exchange receives a PIXL Order for
Auction processing, a PAN detailing the side and size and option
series of the PIXL Order is sent over the Exchange's TOPO data feed
pursuant to Options 3, Section 23(a)(1) and Specialized Quote Feed
pursuant to Options 3, Section (a)(i)(B). See Phlx Options 3,
Section 13(b)(1)(C).
---------------------------------------------------------------------------

Options 7, Section 6
    The Exchange proposes to amend Options 7, Section 6.A, PIXL
Pricing. The Exchange proposes to create paragraphs in lieu of the
single block text within Options 7, Section 6.A which describes the
Initiating Order, and demarcate each paragraph with a symbol. The
Exchange is not otherwise amending that paragraph.
    Next, the Exchange proposes to amend the rule text under the
heading, ``PIXL Order Executions in Options 7, Section 4, Multiply
Listed Options (including ETFs, ETNs and indexes which are Multiply
Listed):'' The Exchange is amending the current rule text in the second
bullet which currently states,

    When a PIXL Order is contra to a PIXL Auction Responder, a
Customer PIXL Order will be assessed $0.00 per contract, other Non-
Customer PIXL Orders will be assessed $0.30 per contract in Penny
Symbols or $0.38 per contract in Non-Penny Symbols. A Responder that
is a Lead Market Maker or a Market Maker will be assessed $0.25 per
contract in Penny Symbols or $0.40 per contract in Non-Penny
Symbols. Other Non-Customer Responders will be assessed $0.48 per
contract in Penny Symbols or $0.70 per contract in Non-Penny Symbols
when contra to a PIXL Order. A Responder that is a Customer will be
assessed $0.00 per contract in Penny Symbols and Non-Penny Symbols.

    The Exchange proposes to create two separate bullets in lieu of
this one bullet. The first bullet would provide,

    When a PIXL Order executes against a PIXL Response or unrelated
market or marketable interest received during a PIXL Auction, a
Customer PIXL Order will be assessed $0.00 per contract, and other
Non-Customer PIXL Orders will be assessed $0.30 per contract in
Penny Symbols or $0.38 per contract in Non-Penny Symbols.

    In amending this sentence, the Exchange proposes to replace the
words ``is contra to'' with ``executes against.'' Also, the Exchange
proposes to replace the words ``Auction Responder'' with ``PIXL
Response or unrelated market or marketable interest received during a
PIXL Auction.'' Finally, the Exchange is adding an ``and'' in the
sentence to make the sentence clear. These non-substantive changes
utilize the references proposed within Options 7, Section 1. As
amended, the second bullet would provide,

    A PIXL Response or unrelated market or marketable interest
received during a PIXL Auction from a Lead Market Maker or a Market
Maker will be assessed $0.25 per contract in Penny Symbols or $0.40
per contract in Non-Penny Symbols. Other Non-Customer PIXL Responses
and unrelated market or marketable interest received during a PIXL
Auction will be assessed $0.48 per contract in Penny Symbols or
$0.70 per contract in Non-Penny Symbols when contra to a PIXL Order.
A PIXL Response or unrelated market or marketable interest received
during a PIXL Auction from a Customer will be assessed $0.00 per
contract in Penny Symbols and Non-Penny Symbols.

    Similar to the first bullet, the Exchange proposes to replace
``Responder'' with ``PIXL Response or unrelated market or marketable
interest received during a PIXL Auction.'' \10\ These non-substantive
changes utilize the references proposed within Options 7, Section 1.
---------------------------------------------------------------------------

    \10\ The Exchange proposes other technical amendments for
readability of the sentence.
---------------------------------------------------------------------------

    The Exchange is also amending the current rule text in the third
bullet which currently states,

    When a PIXL Order is contra to a resting order or quote a
Customer PIXL Order will be assessed $0.00 per contract, other Non-
Customer will be assessed $0.30 per contract and the resting order
or quote will be assessed the appropriate Options Transaction Charge
in Options 7, Section 4.

    The Exchange proposes to create two separate bullets in lieu of
this one bullet. The first bullet would provide,

    When a PIXL Order is a Customer order and executes against
unrelated market or marketable interest received prior to a PIXL
Auction, the Customer order will be assessed $0.00 per contract.
Unrelated market or marketable interest received prior to a PIXL
Auction will be assessed the appropriate Options Transaction Charge
in Options 7, Section 4.

    In amending this sentence, the Exchange proposes to replace the
words ``is contra to a resting order or quote'' with ``executes against
unrelated market or marketable interest received prior to a PIXL
Auction'' and ``PIXL Order'' with ``Customer PIXL Order.'' Any order
resting on the order book would have been received prior to the PIXL
Auction. The Exchange also proposes to add a new sentence that states,
``Unrelated market or marketable interest received prior to a PIXL
Auction will be assessed the appropriate Options Transaction Charge in
Options 7, Section 4.'' Today, the rule text does not describe the
manner in which the Exchange prices unrelated market or marketable
interest received prior to the commencement of a PIXL Auction. This new
sentence memorializes the current pricing that Phlx members and member
organizations are assessed for such interest, which is order book
pricing. As amended, the second bullet would provide,

    Non-Customer PIXL Orders will be assessed $0.30 per contract
when trading with an unrelated market or marketable interest
received prior to the PIXL Auction and the unrelated market or
marketable interest received prior to the PIXL Auction will be
assessed the appropriate Options Transaction Charge in Options 7,
Section 4.

    The Exchange is adding the words ``PIXL Order'' after Non-Customer
since it started a new sentence to retain the original reference to a
PIXL Order at the beginning of the current sentence.\11\ To add more
context to this scenario, the Exchange is also noting that ``when
trading with an unrelated market or marketable interest received prior
to the PIXL Auction'' to make clear the type of interest trading with
the Non-Customer PIXL Order. The Exchange is also replacing the phrase
``resting order or quote'' with ``unrelated market or marketable
interest received prior to the PIXL Auction.'' These non-substantive
amendments utilize the references within Options 7, Section 1. Also, of
note, any order resting on the order

book would have been received prior to the PIXL Auction.
---------------------------------------------------------------------------

    \11\ The Exchange is also making other technical changes to
start a new paragraph, removing ``, other.''
---------------------------------------------------------------------------

    As noted herein, the Exchange applies the order book pricing within
Options 7, Section 4 to interest received prior to the PIXL Auction,
which is considered unrelated market or marketable interest for
purposes of the PIXL Auction, because at the time the interest was
submitted to the order book, the Phlx members and member organizations
would have known that there was no ongoing PIXL Auction and would not
expect to be subject to the PIXL pricing. In contrast, the Exchange
applies PIXL pricing within Options 7, Section 6 to the unrelated
market or marketable interest when interest arrived during a PIXL
Auction because Phlx seeks to incentivize members and member
organizations to submit PIXL Auction Orders to receive a guaranteed
execution, and potential price improvement. Phlx members and member
organizations submitting interest to the order book during a PIXL
Auction are aware that they may be allocated in the PIXL Auction. These
market participants would be subject to order book pricing similar to
all other orders entered into Phlx's order book. The Exchange assesses
the PIXL pricing in Options 7, Section 6 in the same manner that
responders to the PIXL Auction are assessed fees for their PAN
responses. The unrelated market or marketable interest that received an
allocation within the PIXL Auction would be uniformly subject to the
same fees as those Phlx members and member organizations who submitted
PAN responses and were allocated, thereby receiving a guaranteed
execution and potential price improvement.
    The Exchange's pricing models for the order book and PIXL Auction
each seek to attract liquidity to Phlx and reward members and member
organizations differently for the order flow. To this end, the
Exchange's pricing considers the manner in which orders interact with
the PIXL Auction based on the timing of when the order entered the
order book. The Exchange's pricing is consistent with its current
practice of assigning the applicable pricing for auctions versus order
book pricing depending on how and when the order was submitted to the
Exchange.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\12\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\13\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees, and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The proposed changes to its Pricing Schedule are reasonable in
several respects. As a threshold matter, the Exchange is subject to
significant competitive forces in the market for options transaction
services that constrain its pricing determinations in that market. The
fact that this market is competitive has long been recognized by the
courts. In NetCoalition v. Securities and Exchange Commission \14\
(``NetCoalition''), the D.C. Circuit stated, ``[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'. . . .'' \15\
---------------------------------------------------------------------------

    \14\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \15\ Id. at 539 (quoting Securities Exchange Act Release No.
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008)
(SR-NYSEArca-2006-21)).
---------------------------------------------------------------------------

    Numerous indicia demonstrate the competitive nature of this market.
For example, clear substitutes to the Exchange exist in the market for
options transaction services. The Exchange is only one of sixteen
options exchanges to which market participants may direct their order
flow. Within this environment, market participants can freely and often
do shift their order flow among the Exchange and competing venues in
response to changes in their respective pricing schedules. Within the
foregoing context, the proposal represents a reasonable attempt by the
Exchange to attract additional order flow to the Exchange and increase
its market share relative to its competitors.
Options 7, Section 1
    The Exchange's proposal to amend Options 7, Section 1(c) to
introduce four new references: ``Initiating Order'', ``PIXL Auction
Order'', ``PIXL Order'', and ``PIXL Response'' is reasonable, equitable
and not unfairly discriminatory because these references will bring
more transparency to Phlx's PIXL pricing and also apply in the same
manner to all PIXL transactions executed on the Exchange.
Options 7, Section 3
    The Exchange's proposal to amend PIXL pricing for options overlying
SPY in Options 7, Section 3, Part C by replacing the current text below
with a proposed table is reasonable, equitable and not unfairly
discriminatory because the proposed table reflects the current pricing
offered today on Phlx and adds transparency to that pricing. The
proposed table does not amend the current rule text except to add the
Customer PIXL Response or unrelated market or marketable interest
received during a PIXL Auction, which is currently not described in the
rule text, and to specify the pricing for unrelated market or
marketable interest received during a PIXL Auction.
    Assessing a SPY Customer PIXL Response or unrelated market or
marketable interest received during a PIXL Auction is reasonable
because the Exchange currently does not assess a Customer a PIXL Order
fee when the PIXL Order trades against a PIXL Response or unrelated
market or marketable interest. The Exchange believes that not assessing
a fee will attract more SPY Customer liquidity to Phlx's PIXL Auction.
The proposed SPY Customer PIXL Response and unrelated market or
marketable interest of $0.00 per contract reflects the current rate
assessed today to these participants.
    Assessing a SPY Customer PIXL Response or unrelated market or
marketable interest received during a PIXL Auction is equitable and not
unfairly discriminatory because Customer orders bring valuable
liquidity to the market, which liquidity benefits other market
participants. Customer liquidity benefits all market participants by
providing more trading opportunities, which attracts Lead Market Makers
and Market Makers. An increase in the activity of these market
participants in turn facilitates tighter spreads, which may cause an
additional corresponding increase in order flow from other market
participants.
    Assessing unrelated market or marketable interest in SPY received
prior to a PIXL Auction the simple order book pricing within Options 7,
Section 3, Part A and the complex order book pricing within Options 7,
Section 3, Part B is reasonable because at the time the interest was
submitted to the order book, the Phlx members and member organizations
would have known that there was no ongoing PIXL Auction and would not
expect to be subject to the PIXL pricing. In contrast, applying SPY
PIXL pricing within Options 7, Section

3 to the unrelated market or marketable interest that interest arrived
during a PIXL Auction is reasonable because Phlx seeks to incentivize
members and member organizations to submit PIXL Auction Orders to
receive a guaranteed execution and potential price improvement. Phlx
members and member organizations submitting interest to the order book
during a PIXL Auction are aware that they may be allocated in the PIXL
Auction. The Exchange's pricing models for the order book and PIXL
Auction each seek to attract liquidity to Phlx and reward members and
member organizations differently for the order flow. To this end, the
Exchange's pricing considers the manner in which orders interact with
the PIXL Auction based on the timing of when the order entered the
order book. The Exchange's pricing is consistent with its current
practice of assigning the applicable pricing for auctions versus order
book pricing depending on how and when the order was submitted to the
Exchange.
    Assessing unrelated market or marketable interest in SPY received
prior to a PIXL Auction the simple order book pricing within Options 7,
Section 3, Part A and the complex order book pricing within Options 7,
Section 3, Part B is equitable and not unfairly discriminatory because
all Phlx members and member organizations who submitted unrelated
market or marketable interest which rested on the order book prior to
the commencement of a PIXL Auction will be uniformly assessed the
applicable order book pricing for adding liquidity. The Exchange's
proposal would treat Phlx members and member organizations who
submitted unrelated market or marketable interest in SPY which rested
on the order book prior to the commencement of a PIXL Auction in the
same manner as other Phlx members and member organizations who posted
liquidity on the order book as they would both be considered makers of
liquidity. Conversely, the Exchange assesses the SPY PIXL pricing
within Options 7, Section 3 in the same manner that responders to the
PIXL Auction are assessed fees for their PAN responses. The unrelated
market or marketable interest that received an allocation within the
PIXL Auction would be uniformly subject to the same fees as those Phlx
members and member organizations who submitted PAN responses and were
allocated, thereby receiving a guaranteed execution and potential price
improvement.
    The Exchange's proposal to amend the rule text in the last sentence
of the final bullet that is being relocated to footnote 2 to state
``which was received prior to the PIXL Auction'' instead of
``established at the initiation of a PIXL auction'' is reasonable,
equitable and not unfairly discriminatory because the proposed new
language continues to reflect the intent of the original language.\16\
The amended rule text makes clear that the Lead Market Maker or Market
Maker quote that is being referenced would have been resting on the
order book prior to the PIXL Order. Today, the rebate is paid to the
PIXL Order where the Lead Market Maker or Market Maker executes against
the PIXL Order portion of the paired order as a response. The Exchange
would apply new footnote 2 uniformly to Customer PIXL Orders.
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release No. 80064 (February 24,
2017), 82 FR 11666 (February 24, 2017) (SR-Phlx-2017-15).
---------------------------------------------------------------------------

Options 7, Section 6
    The Exchange's proposal to amend Options 7, Section 6.A, PIXL
Pricing to make technical non-substantive rule changes and replace
certain text with the proposed references within Options 7, Section 1
is reasonable, equitable and not unfairly discriminatory as it will
clarify and harmonize the current rule text by utilizing specified
terms.
    The Exchange's proposal to add a new sentence that states,
``Unrelated market or marketable interest received prior to a PIXL
Auction will be assessed the appropriate Options Transaction Charge in
Options 7, Section 4,'' is reasonable because the proposed rule text
will describe the manner in which the Exchange prices unrelated market
or marketable interest received prior to the commencement of a PIXL
Auction. This new sentence memorializes the current pricing that Phlx
members and member organizations are assessed for such interest, which
is order book pricing. The Exchange applies the order book pricing
within Options 7, Section 4 to interest received prior to the PIXL
Auction, which is considered unrelated market or marketable interest
for purposes of the PIXL Auction, because at the time the interest was
submitted to the order book, the Phlx members and member organizations
would have known that there was no ongoing PIXL Auction and would not
expect to be subject to the PIXL pricing. In contrast, the Exchange
applies PIXL pricing within Options 7, Section 6 to the unrelated
market or marketable interest when interest arrived during a PIXL
Auction because Phlx seeks to incentivize Participants to submit PIXL
Auction Orders to receive a guaranteed execution and potential price
improvement. Phlx members and member organizations submitting interest
to the order book during a PIXL Auction are aware that they may be
allocated in the PIXL Auction. Additionally, the Exchange's pricing
models for the order book and PIXL Auction each seek to attract
liquidity to Phlx and reward members and member organizations
differently for the order flow. To this end, the Exchange's pricing
considers the manner in which orders interact with the PIXL Auction
based on the timing of when the order entered the order book. The
Exchange's pricing is consistent with its current practice of assigning
the applicable pricing for auctions versus order book pricing depending
on how and when the order was submitted to the Exchange.
    The Exchange's proposal to add a new sentence that states,
``Unrelated market or marketable interest received prior to a PIXL
Auction will be assessed the appropriate Options Transaction Charge in
Options 7, Section 4,'' is equitable and not unfairly discriminatory
because all Phlx members and member organizations who submitted
unrelated market or marketable interest which rested on the order book
prior to the commencement of a PIXL Auction will be uniformly assessed
the applicable order book pricing for adding liquidity. The Exchange's
proposal would treat Phlx members and member organizations who
submitted unrelated market or marketable interest which rested on the
order book prior to the commencement of a PIXL Auction in the same
manner as other Phlx members and member organizations who posted
liquidity on the order book as they would both be considered makers of
liquidity. Conversely, the Exchange assesses the SPY PIXL pricing
within Options 7, Section 3 in the same manner that responders to the
PIXL Auction are assessed fees for their PAN responses. The unrelated
market or marketable interest that received an allocation within the
PIXL Auction would be uniformly subject to the same fees as those Phlx
members and member organizations who submitted PAN responses and were
allocated, thereby receiving a guaranteed execution and potential price
improvement.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

Intermarket Competition
    The proposal does not impose an undue burden on inter-market
competition. The Exchange believes its proposal remains competitive
with other options markets and will offer market participants with
another choice to initiate a price improvement auction. The Exchange
notes that it operates in a highly competitive market in which market
participants can readily favor competing venues if they deem fee levels
at a particular venue to be excessive, or rebate opportunities
available at other venues to be more favorable. In such an environment,
the Exchange must continually adjust its fees to remain competitive
with other exchanges. Because competitors are free to modify their own
fees in response, and because market participants may readily adjust
their order routing practices, the Exchange believes that the degree to
which fee changes in this market may impose any burden on competition
is extremely limited.
Intramarket Competition
    The Exchange's proposal to amend Options 7, Section 1(c) to
introduce four new references: ``Initiating Order'', ``PIXL Auction
Order'', ``PIXL Order'', and ``PIXL Response'' does not impose an undue
burden on competition because these references will apply in the same
manner to all PIXL transactions executed on the Exchange.
    Assessing a Customer PIXL Response or unrelated market or
marketable interest received during a PIXL Auction does not impose an
undue burden on competition because Customer orders bring valuable
liquidity to the market, which liquidity benefits other market
participants. Customer liquidity benefits all market participants by
providing more trading opportunities, which attracts Lead Market Makers
and Market Makers. An increase in the activity of these market
participants in turn facilitates tighter spreads, which may cause an
additional corresponding increase in order flow from other market
participants.
    Assessing unrelated market or marketable interest within Options 7,
Section 3, related to SPY, that was received prior to a PIXL Auction
the simple order book pricing within Options 7, Section 3, Part A and
the complex order book pricing within Options 7, Section 3, Part B does
not impose an undue burden on competition because all Phlx members and
member organizations who submitted unrelated market or marketable
interest which rested on the order book prior to the commencement of a
PIXL Auction will be uniformly assessed the applicable order book
pricing for adding liquidity. The Exchange's proposal would treat Phlx
members and member organizations who submitted unrelated market or
marketable interest in SPY which rested on the order book prior to the
commencement of a PIXL Auction in the same manner as other Phlx members
and member organizations who posted liquidity on the order book as they
would both be considered makers of liquidity. Conversely, the Exchange
assesses the SPY PIXL pricing within Options 7, Section 3 in the same
manner that responders to the PIXL Auction are assessed fees for their
PAN responses. The unrelated market or marketable interest that
received an allocation within the PIXL Auction would be uniformly
subject to the same fees as those Phlx members and member organizations
who submitted PAN responses and were allocated, thereby receiving a
guaranteed execution and potential price improvement. The Exchange
would apply new footnote 2 uniformly to Customer PIXL Orders.
    The Exchange's proposal to add a new sentence that states,
``Unrelated market or marketable interest received prior to a PIXL
Auction will be assessed the appropriate Options Transaction Charge in
Options 7, Section 4,'' does not impose an undue burden on competition
because all Phlx members and member organizations who submitted
unrelated market or marketable interest which rested on the order book
prior to the commencement of a PIXL Auction will be uniformly assessed
the applicable order book pricing for adding liquidity. The Exchange's
proposal would treat Phlx members and member organizations who
submitted unrelated market or marketable interest which rested on the
order book prior to the commencement of a PIXL Auction in the same
manner as other Phlx members and member organizations who posted
liquidity on the order book as they would both be considered makers of
liquidity. Conversely, the Exchange assesses the SPY PIXL pricing
within Options 7, Section 3 in the same manner that responders to the
PIXL Auction are assessed fees for their PAN responses. The unrelated
market or marketable interest that received an allocation within the
PIXL Auction would be uniformly subject to the same fees as those Phlx
members and member organizations who submitted PAN responses and were
allocated, thereby receiving a guaranteed execution and potential price
improvement.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\17\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please
include file number SR-Phlx-2023-26 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-Phlx-2023-26. 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-Phlx-2023-26 and should be
submitted on or before July 20, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 2023-13790 Filed 6-28-23; 8:45 am]
BILLING CODE 8011-01-P