[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Rules and Regulations]
[Page 76697-76699]
[DOCID:fr28de05-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2005-0477; FRL-7753-9]

Dichlormid; Extension of Time-Limited Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation amends 40 CFR 180.469 by extending the
expiration/revocation date of the time-limited tolerances for residues
of acetamide, 2,2-dichloro-N,N-di-2-propenyl- (dichlormid) in or on
field corn (forage, grain, stover), pop corn (grain, stover), and sweet
corn (forage, kernel plus cob with husks removed, stover) at 0.05 ppm.
The current tolerances are set to expire on December 31, 2005. This
rule extends the expiration/revocation date of these time-limited
tolerances to December 31, 2008.

DATES: This regulation is effective December 28, 2005. Objections and
requests for hearings must be received on or before February 27, 2006.

ADDRESSES: To submit a written objection or hearing request follow the
detailed instructions as provided in Unit IV. of the SUPPLEMENTARY
INFORMATION. EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2005-0477. All documents in the
docket are listed on the http://www.regulations.gov Web site. (EDOCKET, EPA's

electronic public docket and comment system was replaced on November
25, 2005, by an enhanced Federal-wide electronic docket management and
comment system located at http://www.regulations.gov/. Follow the on-

line instructions.) Although listed in the index, some information is
not publicly available, i.e., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
in EDOCKET or in hard copy at the Public Information and Records
Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 1801 S.
Bell St., Arlington, VA. This docket facility is open from 8:30 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The docket
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Keri Grinstead, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Access Electronic Copies of this Document and Other
Related Information?

    In addition to using EDOCKET (http://www.epa.gov/edocket/), you may

access

this Federal Register document electronically through the EPA Internet
under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.
 A frequently updated electronic version of 40 CFR part 180 is

available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

II. Background and Statutory Findings

    In a final rule published in the Federal Register on March 27, 2000
(65 FR 16143) (FRL-6498-7), EPA established time-limited tolerances
under 40 CFR 180.469 for residues of dichlormid in or on field corn
(forage, grain, stover), pop corn (grain, stover) at 0.05 ppm with an
expiration date of March 27, 2002. On August 7, 2002, the Agency
reestablished the time-limited tolerances (67 FR 51102) (FRL-7192-5)
with an expiration date of December 31, 2005.
    On September 30, 2004, the Agency published a final rule (69 FR
58285) (FRL-7680-8) in response to a new petition to establish time-
limited tolerances for residues of dichlormid in or on sweet corn
(forage, kernel plus cob with husks removed, stover) at 0.05 ppm. An
expiration/revocation date of December 31, 2005 was established for the
sweet corn time-limited tolerances in order to match the same
expiration date of the time-limited tolerances for field and pop corn.
    Although additional studies were requested in order to complete the
data set, the Agency had sufficient information to establish time-
limited tolerances. EPA concluded in the final rules for the field,
pop, and sweet corn time-limited tolerances that all risks were below
the Agency's level of concern and there was a reasonable certainty that
no harm would result to the general population and to infants and
children from aggregate exposure to residues of dichlormid on corn.
    The petitioner submitted the additional studies and EPA has
evaluated the data. At this time, endpoints from studies do not appear
to be substantially different from those of previously submitted
studies. The Agency is now developing the human health risk assessment.
Therefore, the Agency is extending the current time-limited tolerances
for residues of dichlormid in or on field corn (forage, grain, stover),
pop corn (grain, stover), and sweet corn (forage, kernel plus cob with
husks removed, stover) at 0.05 ppm with an expiration date of December
31, 2008.
    The Agency may require additional information, including
confirmatory studies and/or data to upgrade deficient studies, in order
to complete the human health risk assessment and establish permanent
tolerances. Such information may include nature of the residue studies
(plants and livestock), residue analytical methods, and field
accumulation in rotational crops.

III. Conclusion

    The Agency, acting on its own initiative, is extending the current
time-limited tolerances for residues of dichlormid in or on field corn
(forage, grain, stover), pop corn (grain, stover), and sweet corn
(forage, kernel plus cob with husks removed, stover) at 0.05 ppm with
an expiration/revocation date of December 31, 2008.

IV. Objections and Hearing Requests

    Under section 408(g) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA),
any person may file an objection to any aspect of this regulation and
may also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. Although the procedures in those
regulations require some modification to reflect the amendments made to
FFDCA by FQPA, EPA will continue to use those procedures, with
appropriate adjustments, until the necessary modifications can be made.
The new section 408(g) of FFDCA provides essentially the same process
for persons to ``object'' to a regulation for an exemption from the
requirement of a tolerance issued by EPA under new section 408(d), as
was provided in the old sections 408 and 409 of FFDCA. However, the
period for filing objections is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket ID number EPA-HQ-OPP-2005-0477 in the subject line on
the first page of your submission. All requests must be in writing, and
must be mailed or delivered to the Hearing Clerk on or before February
27, 2006.
    1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25). If a hearing is requested, the
objections must include a statement of the factual issue(s) on which a
hearing is requested, the requestor's contentions on such issue(s), and
a summary of any evidence relied upon by the objector (40 CFR 178.27).
Information submitted in connection with an objection or hearing
request may be claimed confidential by marking any part or all of that
information as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information that does not contain CBI must be submitted for inclusion
in the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900L),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. You may also deliver your request to the
Office of the Hearing Clerk in Suite 350, 1099 14\th\ St., NW.,
Washington, DC 20005. The Office of the Hearing Clerk is open from 8
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Office of the Hearing Clerk is<PHONE_NUMBER>.
    2. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit IV.A., you
should also send a copy of your request to the PIRIB for its inclusion
in the official record that is described in ADDRESSES. Mail your
copies, identified by docket ID number EPA-HQ-OPP-2005-0477, to: Public
Information and Records Integrity Branch, Information Technology and
Resource Management Division (7502C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. In person or by courier, bring a copy to the
location of the PIRIB described in ADDRESSES. You may also send an
electronic copy of your request via e-mail to<EMAIL_ADDRESS>
Please use an ASCII file format and avoid the use of special characters
and any form of encryption. Copies of electronic objections and hearing
requests will also be accepted on disks in WordPerfect 6.1/8.0 or ASCII
file format. Do not include any CBI in your electronic copy. You may
also submit an electronic copy of your request at many Federal
Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator
determines that the material submitted shows the following: There is a
genuine and substantial issue of fact; there is a reasonable
possibility that available evidence identified by the requestor would,
if established resolve one or more of such issues in favor of the
requestor, taking into account

uncontested claims or facts to the contrary; and resolution of the
factual issue(s) in the manner sought by the requestor would be
adequate to justify the action requested (40 CFR 178.32).

V. Statutory and Executive Order Reviews

    This final rule establishes time-limited tolerances under section
408(d) of FFDCA. The Office of Management and Budget (OMB) has exempted
these types of actions from review under Executive Order 12866,
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993).
Because this rule has been exempted from review under Executive Order
12866 due to its lack of significance, this rule is not subject to
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). This action does not
involve any technical standards that would require Agency consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are established on the basis of FIFRA
under section 408(d) of FFDCA, such as the tolerance in this final
rule, do not require the issuance of a proposed rule, the requirements
of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not
apply. In addition, the Agency has determined that this action will not
have a substantial direct effect on States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132, entitled Federalism (64 FR 43255,
August 10, 1999). Executive Order 13132 requires EPA to develop an
accountable process to ensure ``meaningful and timely input by State
and local officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
Order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.

VI. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: December 15, 2005.
Rachel C. Holloman,
Acting Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.469 is amended by revising the table in paragraph (a) to
read as follows:

Sec.  180.469  Dichlormid; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per    revocation
                                                  million        date
------------------------------------------------------------------------
Corn, field, forage...........................         0.05     12/31/08
Corn, field, grain............................         0.05     12/31/08
Corn, field, stover...........................         0.05     12/31/08
Corn, pop, grain..............................         0.05     12/31/08
Corn, pop, stover.............................         0.05     12/31/08
Corn, sweet, forage...........................         0.05     12/31/08
Corn, sweet, kernel plus cob with husks                0.05     12/31/08
 removed......................................
Corn, sweet, stover...........................         0.05     12/31/08
------------------------------------------------------------------------

* * * * *

[FR Doc. 05-24470 Filed 12-27-05; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Notices]
[Page 63291-63292]
[DOCID:fr30oc06-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-8-000]

Guardian Pipeline, L.L.C.; Notice of Application

October 20, 2006.
    Take notice that on September 13, 2006, Guardian Pipeline, L.L.C.
(Guardian), filed in Docket No. CP07-8-000, an application pursuant to
section 7 (c) of the Natural Gas Act (NGA) to authorize Guardian to
site, construct, and operate facilities consisting of approximately 110
miles of new mainline, two electric compressor stations, seven meter
stations and appurtenant facilities resulting in 537,200 Dth/d of
incremental firm capacity on Guardian's existing pipeline system and
437,200 Dth/d of firm capacity on the expansion facilities proposed
herein, all as more fully set forth in the application which is on file
with the Commission and open to public inspection. The instant filing
may be also viewed on the Web at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions regarding this application may be directed to Bambi
Heckerman, Director, Regulatory Affairs, ONEOK Partners GP, LLC, 13710
FNB Parkway, Omaha, Nebraska 68154-5200; phone:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
    On April 7, 2006, the Commission staff granted Guardian's request
to utilize the Commission's Pre-Filing Process for its G-II Project and
assigned Docket No. PF06-21-000 to staff activities involving the G-II
Project. Now, as of the filing of Guardian's application on October 13,
2006, the Commission's Pre-Filing Process for these projects has ended.
From this time forward, Guardian's proceeding will be conducted in
Docket No. CP07-8-000, as noted in the caption of this Notice.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party

to the proceedings for this project should, on or before the below
listed comment date, file with the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, a motion to
intervene in accordance with the requirements of the Commission's Rules
of Practice and Procedure (18 CFR 385.214 or 385.211) and the
Regulations under the NGA (18 CFR 157.10). A person obtaining party
status will be placed on the service list maintained by the Secretary
of the Commission and will receive copies of all documents filed by the
applicant and by all other parties. A party must submit 14 copies of
filings made with the Commission and must mail a copy to the applicant
and to every other party in the proceeding. Only parties to the
proceeding can ask for court review of Commission orders in the
proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the Internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: November 13, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-18113 Filed 10-27-06; 8:45 am]

BILLING CODE 6717-01-P


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[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Notices]
[Pages 8276-8277]
[FR Doc No: 2023-02608]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP23-391-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Northern to
Direct Energy 2804 eff 2-1-23 to be effective 2/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5160.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-392-000.
    Applicants: Egan Hub Storage, LLC.
    Description: Sec.  4(d) Rate Filing: Egan Hub Address Change Filing
to be effective 8/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5189.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-393-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: AGT Address Change Filing to
be effective 8/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5190.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-394-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: NEXUS Address Change Filing to
be effective 8/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5192.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-395-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: TETLP Address Change Filing to
be effective 8/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5195.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-396-000.
    Applicants: Bobcat Gas Storage.
    Description: Sec.  4(d) Rate Filing: BGS Address Change Filing to
be effective 8/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5196.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-397-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: MNUS Address Change Filing to
be effective 8/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5198.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-398-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Sec.  4(d) Rate Filing: Annual Modernization Capital
Cost Recovery Mechanism--Eff. March 1, 2023 to be effective 3/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5200.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-399-000.
    Applicants: Big Sandy Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Big Sandy Address Change
Filing to be effective 8/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5201.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-400-000.
    Applicants: Garden Banks Gas Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Garden Banks Address Change
Filing to be effective 8/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5209.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-401-000.
    Applicants: Mississippi Canyon Gas Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Mississippi Canyon Address
Change Filing to be effective 8/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5213.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-402-000.
    Applicants: Nautilus Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Nautilus Address Change Filing
to be effective 8/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5216.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-403-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Nextera NRAs
eff 02-01-23 to be effective 2/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5239.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-404-000.
    Applicants: NEXUS Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--EAP Ohio to
Citadel 962957 eff 1-27-23 to be effective 1/27/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5265.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-405-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Antero Release to MU
Mktg_176700 to be effective 2/1/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5267.

    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-406-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Amendment to Neg Rate Agmt
(Aethon 52454) to be effective 2/1/2023.
    Filed Date: 2/1/23.
    Accession Number: 20230201-5051.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-407-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts (Osaka
46429 to Texla 55927 and Spotlight 55928) to be effective 2/1/2023.
    Filed Date: 2/1/23.
    Accession Number: 20230201-5052.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-408-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (Aethon
52454 to Scona 55933) to be effective 2/1/2023.
    Filed Date: 2/1/23.
    Accession Number: 20230201-5053.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-409-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (Jay-Bee
34446 to Spotlight 54122) to be effective 2/1/2023.
    Filed Date: 2/1/23.
    Accession Number: 20230201-5054.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-410-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Sec.  4(d) Rate Filing: Amended NRA & Exhibit B Update
(FPL Ft. Myers)) to be effective 2/1/2023.
    Filed Date: 2/1/23.
    Accession Number: 20230201-5075.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-411-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Update GT&C Section 12 to be
effective 3/1/2023.
    Filed Date: 2/1/23.
    Accession Number: 20230201-5123.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-412-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various Feb
1 2023 Releases to be effective 2/1/2023.
    Filed Date: 2/1/23.
    Accession Number: 20230201-5125.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-413-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Various
Releases eff 2-1-23 to be effective 2/1/2023.
    Filed Date: 2/1/23.
    Accession Number: 20230201-5149.
    Comment Date: 5 p.m. ET 2/13/23.

    Docket Numbers: RP23-414-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Capacity
Release Agreements--2/1/2023 to be effective 2/1/2023.
    Filed Date: 2/1/23.
    Accession Number: 20230201-5153.
    Comment Date: 5 p.m. ET 2/13/23.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: PR23-27-001.
    Applicants: Public Service Company of Colorado.
    Description: Amendment Filing: Compliance Filing to Cancel eTariff
Record to be effective 1/31/2023.
    Filed Date: 1/31/23.
    Accession Number: 20230131-5212.
    Comment Date: 5 p.m. ET 2/21/23.
    284.123(g) Protest: 5 p.m. ET 3/27/23.

    Docket Numbers: RP22-1222-003.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Compliance filing: Correction to Settlement Compliance
Filing to be effective 4/1/2023.
    Filed Date: 2/1/23.
    Accession Number: 20230201-5094.
    Comment Date: 5 p.m. ET 2/13/23.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 1, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-02608 Filed 2-7-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Notices]
[Pages 42775-42780]
[FR Doc No: 2022-15220]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95265; File No. SR-MRX-2022-08]

Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend MRX
Options 7, Section 7 To Add Fees for Market Data

July 12, 2022.
    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 29, 2022, Nasdaq MRX, LLC (``MRX'' 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes amend MRX's Pricing Schedule at Options 7,
Section 7.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/mrx/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
    MRX proposes to amend its Pricing Schedule at Options 7, Section 7,
to assess market data fees, which are not assessed today, and which
have not been assessed since MRX's inception in 2016.\3\ The proposed
changes are designed to update data fees to reflect their current
value--rather than their value when it was a new exchange six years
ago--based on increased market share. Newly-opened exchanges often
charge no fees for market data to attract order flow to an exchange,
and later amend their fees to reflect the true value of those
services.\4\ Allowing newly-opened exchanges time to build and sustain
market share before charging for their market data encourages market
entry and promotes competition.
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    \3\ The Exchange initially filed the proposed pricing changes on
May 2, 2022 (SR-MRX-2022-04) instituting fees for membership, ports
and market data. See Securities Exchange Act Release No. 94901 (May
12, 2022), 87 FR 30305 (May 18, 2022) (SR-MRX-2022-04). On June 29,
2022, the Exchange withdrew that filing, and submitted separate
filings for membership, ports and market data. The instant filing
replaces the market data fees set forth in SR-MRX-2022-04.
    \4\ See, e.g., Securities Exchange Act Release No. 88211
(February 14, 2020), 85 FR 9847 (February 20, 2020) (SR-NYSENAT-
2020-05), also available at https://www.nyse.com/publicdocs/nyse/markets/nyse-national/rule-filings/filings/2020/SR-NYSENat-2020-05.pdf. (initiating market data fees for the NYSE National exchange
after initially setting such fees at zero).
---------------------------------------------------------------------------

    This Proposal reflects MRX's assessment that it has gained
sufficient market share to compete effectively against other 15 options
exchanges without waiving market data fees. Such fees are assessed by
options exchanges that compete with MRX--indeed, MRX is the only
options exchange (out of the 16 current options exchanges) not to
assess them today. New exchanges commonly waive data fees to attract
market participants, facilitating their entry into the market and, once
there is sufficient depth and breadth of liquidity, ``graduate'' to
compete against established exchanges and charge fees that reflect the
value of their services. If MRX is incorrect in its assessment, that
error will be reflected in MRX's ability to compete with other options
exchanges.\5\
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    \5\ Nasdaq recently announced that, beginning in 2022, Nasdaq
plans to migrate its North American markets to Amazon Web Services
in a phased approach, starting with Nasdaq MRX, a U.S. options
market. The proposed fee changes are entirely unrelated to this
effort.
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    The Exchange proposes to amend fees for the following market data
feeds within Options 7, Section 7: (1) Nasdaq MRX Depth of Market Data;
\6\ (2) Nasdaq MRX Order Feed; \7\ (3) Nasdaq MRX Top Quote Feed; \8\
(4) Nasdaq MRX Trades

Feed; \9\ and (5) Nasdaq MRX Spread Feed.\10\ Currently, no fees are
being assessed for these feeds.
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    \6\ Nasdaq MRX Depth of Market Data Feed (``Depth of Market
Feed'') provides aggregate quotes and orders at the top five price
levels on MRX, and provides subscribers with a consolidated view of
tradable prices beyond the BBO, showing additional liquidity and
enhancing transparency for MRX traded options. The data provided for
each option series includes the symbols (series and underlying
security), put or call indicator, expiration date, the strike price
of the series, and whether the option series is available for
trading on MRX and identifies if the series is available for closing
transactions only. In addition, subscribers are provided with total
aggregate quantity, Public Customer aggregate quantity, Priority
Customer aggregate quantity, price, and side (i.e., bid/ask). This
information is provided for each of the top five price levels on the
Depth Feed. The feed also provides order imbalances on opening/
reopening. See Options 3, Section 23(a)(1).
    \7\ Nasdaq MRX Order Feed (``Order Feed'') provides information
on new orders resting on the book (e.g. price, quantity and market
participant capacity). In addition, the feed also announces all
auctions. The data provided for each option series includes the
symbols (series and underlying security), put or call indicator,
expiration date, the strike price of the series, and whether the
option series is available for trading on MRX and identifies if the
series is available for closing transactions only. The feed also
provides order imbalances on opening/reopening. See Options 3,
Section 23(a)(2).
    \8\ Nasdaq MRX Top Quote Feed (``Top Quote Feed'') calculates
and disseminates MRX's best bid and offer position, with aggregated
size (including total size in aggregate, for Professional Order size
in the aggregate and Priority Customer Order size in the aggregate),
based on displayable order and quote interest in the System. The
feed also provides last trade information along with opening price,
daily trading volume, high and low prices for the day. The data
provided for each option series includes the symbols (series and
underlying security), put or call indicator, expiration date, the
strike price of the series, and whether the option series is
available for trading on MRX and identifies if the series is
available for closing transactions only. The feed also provides
order imbalances on opening/reopening. See Options 3, Section
23(a)(3).
    \9\ Nasdaq MRX Trades Feed (``Trades Feed'') displays last trade
information along with opening price, daily trading volume, high and
low prices for the day. The data provided for each option series
includes the symbols (series and underlying security), put or call
indicator, expiration date, the strike price of the series, and
whether the option series is available for trading on MRX and
identifies if the series is available for closing transactions only.
See Options 3, Section 23(a)(4).
    \10\ Nasdaq MRX Spread Feed (``Spread Feed'') is a feed that
consists of: (1) options orders for all Complex Orders (i.e.,
spreads, buy-writes, delta neutral strategies, etc.); (2) data
aggregated at the top five price levels (BBO) on both the bid and
offer side of the market; (3) last trades information. The Spread
Feed provides updates, including prices, side, size and capacity,
for every Complex Order placed on the MRX Complex Order Book. The
Spread Feed shows: (1) aggregate bid/ask quote size; (2) aggregate
bid/ask quote size for Professional Customer Orders; and (3)
aggregate bid/ask quote size for Priority Customer Orders for MRX
traded options. The feed also provides Complex Order auction
notifications. See Options 3, Section 23(a)(5).
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    In addition to the proposed fees for each data feed, the Exchange
is introducing an Internal Distributor Fee \11\ of $1,500 per month for
the Nasdaq MRX Depth of Market Feed, Order Feed, and Top Quote Feed, an
Internal Distributor Fee of $750 per month for the Trades Feed, and an
Internal Distributor Fee of $1,000 per month for the Spread Feed. If a
Member subscribes to both the Trades Feed and the Spread Feed, both
Internal Distributor Fees would be assessed.
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    \11\ A ``distributor'' of Nasdaq MRX data is any entity that
receives a feed or data file of data directly from Nasdaq MRX or
indirectly through another entity and then distributes it either
internally (within that entity) or externally (outside that entity).
All distributors shall execute a Nasdaq Global Data Agreement.
---------------------------------------------------------------------------

    The Exchange also proposes to assess an External Distributor Fee of
$2,000 per month for the Nasdaq MRX Depth of Market Feed, Order Feed,
and Top Quote Feed, an External Distributor Fee of $1,000 per month for
the Trades Feed, and an External Distributor Fee of $1,500 per month
for the Spread Feed.
    MRX will also assess Professional \12\ and Non-Professional \13\
subscriber fees. The Professional Subscriber will be $25 per month, and
the Non-Professional Subscriber will be $1 per month. These subscriber
fees (both Professional and Non-Professional) cover the usage of all
five MRX data products identified above and would not be assessed
separately for each product.\14\
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    \12\ A Professional Subscriber is any Subscriber that is not a
Non-Professional Subscriber.
    \13\ A Non-Professional Subscriber is a natural person who is
neither: (i) registered or qualified in any capacity with the
Commission, the Commodities Futures Trading Commission, any state
securities agency, any securities exchange or association, or any
commodities or futures contract market or association; (ii) engaged
as an ``investment adviser'' as that term is defined in Section
201(11) of the Investment Advisors Act of 1940 (whether or not
registered or qualified under that Act); nor (iii) employed by a
bank or other organization exempt from registration under federal or
state securities laws to perform functions that would require
registration or qualification if such functions were performed for
an organization not so exempt.
    \14\ For example, if a firm has one Professional (Non-
Professional) Subscriber accessing Top of Market, Order, and Depth
of Market Feed the firm would only report the Subscriber once and
pay $25 ($1 for Non-Professional).
---------------------------------------------------------------------------

    MRX also proposes a Non-Display Enterprise License for $7,500 per
month. This license would lower costs for internal professional
subscribers and lower administrative costs overall by permitting the
distribution of all MRX proprietary direct data feed products to an
unlimited number of internal non-display Subscribers without incurring
additional fees for each internal Subscriber, or requiring the customer
to count internal subscribers.\15\ The Non-Display Enterprise License
is in addition to any other associated distributor fees for MRX
proprietary direct data feed products.
---------------------------------------------------------------------------

    \15\ The Non-Display Enterprise License of $7,500 per month is
optional. A firm that does not have a sufficient number of
subscribers to benefit from purchase of the license need not do so.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\16\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\17\ 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.
---------------------------------------------------------------------------

    \16\ See 15 U.S.C. 78f(b).
    \17\ See 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The proposed changes to the pricing schedule are reasonable in
several respects. As a threshold matter, the Exchange is subject to
significant competitive forces in the market for order flow, which
constrains its pricing determinations. The fact that the market for
order flow is competitive has long been recognized by the courts. In
NetCoalition v. Securities and Exchange Commission, 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' . . . .'' \18\
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    \18\ See NetCoalition, 615 F.3d at 539 (D.C. Cir. 2010) (quoting
Securities Exchange Act Release No. 59039 (December 2, 2008), 73 FR
74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-21)).
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention to determine
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues, and also recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \19\
---------------------------------------------------------------------------

    \19\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Congress directed the Commission to ``rely on `competition,
whenever possible, in meeting its regulatory responsibilities for
overseeing the SROs and the national market system.' '' \20\ As a
result, the Commission has historically relied on competitive forces to
determine whether a fee proposal is equitable, fair, reasonable, and
not unreasonably or unfairly discriminatory. ``If competitive forces
are operative, the self-interest of the exchanges themselves will work
powerfully to constrain unreasonable or unfair behavior.'' \21\
Accordingly, ``the existence of significant competition provides a
substantial basis for finding that the terms of an exchange's fee
proposal are equitable, fair, reasonable, and not unreasonably or
unfairly discriminatory.'' \22\ In its 2019 guidance on fee proposals,
Commission staff indicated that they would look at factors beyond the
competitive environment, such as cost, only if a ``proposal lacks

persuasive evidence that the proposed fee is constrained by significant
competitive forces.'' \23\
---------------------------------------------------------------------------

    \20\ See NetCoalition, 615 F.3d at 534-35; see also H.R. Rep.
No. 94-229 at 92 (1975) (``[I]t is the intent of the conferees that
the national market system evolve through the interplay of
competitive forces as unnecessary regulatory restrictions are
removed.'').
    \21\ See Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74,770 (December 9, 2008) (SR-NYSEArca-2006-21).
    \22\ Id.
    \23\ See U.S. Securities and Exchange Commission, ``Staff
Guidance on SRO Rule filings Relating to Fees'' (May 21, 2019),
available at https://www.sec.gov/tm/staff-guidance-sro-rule-filings-fees.
---------------------------------------------------------------------------

History of MRX Operations
    Over the years, MRX has amended its transactional pricing to
attract order flow to the Exchange.\24\ In June 2019, MRX commenced
offering complex orders.\25\ With the addition of complex order
functionality, MRX offered Members certain order types, an opening
process, auction capabilities and other trading functionality that was
nearly identical to functionality available on ISE.\26\ The added
functionality attracted order flow, which has enhanced the value of its
market data and is the basis for these proposed fee changes.
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    \24\ See e.g., Securities Exchange Act Release Nos. 77292 (March
4, 2016), 81 FR 12770 (March 10, 2016) (SR-ISEMercury-2016-02)
(Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Establish the Schedule of Fees); 77409 (March 21, 2016),
81 FR 16240 (March 25, 2016) (SR-ISEMercury-2016-05) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
the Schedule of Fees); 81 FR 16238 (March 21, 2016), 81 FR 16238
(March 25, 2016) (SR-ISEMercury-2016-06) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change To Amend the
Schedule of Fees); 77841 (May 16, 2016), 81 FR 31986 (SR-ISEMercury-
2016-11) (Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend the Schedule of Fees); 82537 (January 19,
2018), 83 FR 3784 (January 26, 2018) (SR-MRX-2018-01) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
the Schedule of Fees To Introduce a New Pricing Model); 82990 (April
4, 2018), 83 FR 15434 (April 10, 2018) (SR-MRX-2018-10) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Chapter IV of the Exchange's Schedule of Fees); 28677 (June 14,
2018), 83 FR 28677 (June 20, 2018) (SR-MRX-2018-19) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To
Increase Certain Route-Out Fees Set Forth in Section II.A of the
Schedule of Fees); 84113 (September 13, 2018), 83 FR 47386
(September 19, 2018) (SR-MRX-2018-27) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change To Relocate the
Exchange's Schedule of Fees); 85143 (February 14, 2019), 84 FR 5508
(February 21, 2019) (SR-MRX-2019-02) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change To Amend the Pricing
Schedule at Options 7, Section 3); 85313 (March 14, 2019), 84 FR
10357 (March 20, 2019) (SR-MRX-2019-05) (Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change Relating to PIM
Fees and Rebates); 86326 (July 8, 2019), 84 FR 33300 (July 12, 2019)
(SR-MRX-2019-14) (Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Adopt Complex Order Pricing); 88022 (January
23, 2020), 85 FR 5263 (January 29, 2020) (SR-MRX-2020-02) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
MRX Pricing Schedule); 89046 (June 11, 2020), 85 FR 36633 (June 17,
2020) (SR-MRX-2020-11) (Notice of Filing and Immediate Effectiveness
of Proposed Rule Change To Amend Its Pricing Schedule at Options 7);
89320 (July 15, 2020), 85 FR 44135 (July 21, 2020) (SR-MRX-2020-14)
(Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend Its Pricing Schedule at Options 7, Section 5, Other
Options Fees and Rebates, in Connection With the Pricing for Orders
Entered Into the Exchanges Price Improvement Mechanism); 90503
(November 24, 2020), 85 FR 77317 (December 1, 2020) (SR-MRX-2020-18)
(Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend Its Pricing Schedule at Options 7 for Orders Entered
Into the Exchange's Price Improvement Mechanism); 90434 (November
16, 2020), 85 FR 74473 (November 20, 2020) (SR-MRX-2020-19) (Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To the
Exchange's Pricing Schedule at Options 7 To Amend Taker Fees for
Regular Orders); 90455 (November 18, 2020), 85 FR 75064 (November
24, 2020) (SR-MRX-2020-21) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change To Amend the Pricing
Schedule); and 91687 (April 27, 2021), 86 FR 23478 (May 3, 2021)
(SR-MRX-2021-04) (Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Amend the Exchange's Pricing Schedule at
Options 7). Note that ISE Mercury is an earlier name for MRX.
    \25\ See Securities Exchange Act Release No. 86326 (July 8,
2019), 84 FR 33300 (July 12, 2019) (SR-MRX-2019-14) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to
Adopt Complex Order Pricing).
    \26\ One distinction is that ISE offered its Members access to
Nasdaq Precise in 2019 and since that time. MRX has never offered
Precise. ``Nasdaq Precise'' or ``Precise'' is a front-end interface
that allows EAMs and their Sponsored Customers to send orders to the
Exchange and perform other related functions. Features include the
following: (1) order and execution management: enter, modify, and
cancel orders on the Exchange, and manage executions (e.g., parent/
child orders, inactive orders, and post-trade allocations); (2)
market data: access to real-time market data (e.g., NBBO and
Exchange BBO); (3) risk management: set customizable risk parameters
(e.g., kill switch); and (4) book keeping and reporting:
comprehensive audit trail of orders and trades (e.g., order history
and done away trade reports). See ISE Supplementary Material .03(d)
of Options 3, Section 7. Precise is also available on GEMX.
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Market Data Products are Subject to Significant Substitution-Based
Competitive Forces
    An Exchange can show that a product is ``subject to significant
substitution-based competitive forces'' by introducing evidence that
customers can substitute that product with products offered by other
exchanges.
    NYSE National was able to prove exactly this when it sought
approval for the ``NYSE National Integrated Feed'' \27\ in 2020. NYSE
National at the time of its filing was in a similar position to MRX
today--the exchange had an approximately 1.9% market share of executed
volume of equity trades.\28\ The Commission approved the proposal to
establish fees for NYSE National based on a finding that the exchange
``was subject to significant substitution-based competitive forces.''
Citing NetCoalition I,\29\ the Commission stated that ``whether a
market is competitive notwithstanding potential alternatives depends on
factors such as the number of buyers who consider other products
interchangeable and at what prices.'' \30\ Noting that ``many market
participants . . . do not subscribe to . . . the NYSE National
Integrated Feed, even when the feed is offered without charge,'' the
Commission concluded that ``NYSE National's consistently low percentage
of market share, the relatively small number of subscribers to the NYSE
National Integrated Feed, and the sizeable portion of subscribers that
terminated their subscriptions following the proposal of the fees,''
demonstrated that the exchange ``was subject to significant
substitution-based competitive forces'' in setting fees such that the
proposed rule change was consistent with the Act.\31\
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    \27\ NYSE National stated that the proposed integrated feed
included depth-of-book order data, last sale data, security status
updates, and stock summary messages. See Securities Exchange Act
Release No 88211 (February 14, 2020), 85 FR 9847 (February 20, 2020)
(SR-NYSENAT-2020-05), also available at https://www.nyse.com/publicdocs/nyse/markets/nyse-national/rule-filings/filings/2020/SR-NYSENat-2020-05.pdf. (``Initial NYSE National Proposal'').
    \28\ See id.
    \29\ See NetCoalition v. SEC, 615 F.3d 525, 535 (D.C. 2010)
(``NetCoalition I'').
    \30\ See NYSE National Approval Order (citing NetCoalition I).
    \31\ See id.
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    MRX today is in essentially the same position as NYSE National in
2020, and all three of the factors cited in the Commission's approval
order for NYSE National are present in MRX today. First, MRX has a
consistently low percentage of market share, starting at approximately
0.2 percent when it opened as an Exchange and ending in approximately
1.8 percent today. Second, only a small number of firms purchase market
data from MRX relative to its affiliated options exchanges. Third, a
sizeable portion of subscribers--approximately 15 percent--have
terminated their subscriptions following the implementation of the
proposed fees, demonstrating that customers can and do exercise choice
in deciding whether to purchase the Exchange's market data feeds.
    As of May 2, 2022, the date that MRX initially proposed these
market data fees, MRX reported that two customers had terminated their
market data subscriptions.\32\ As of June 29, 2022, approximately two
months later, an additional three have done so, for a total of five
cancellations, amounting to approximately 15 percent of the 34
customers that had been taking MRX feeds in the first quarter of 2022.
All five customers terminated all feeds available

to them. Some customers had taken all feeds, while others had taken
only a subset. Although not all customers took all of the MRX feeds,
each one of these feeds--Nasdaq MRX Depth of Market Data, Nasdaq MRX
Order Feed, Nasdaq MRX Top Quote Feed, Nasdaq MRX Trades Feed, and
Nasdaq MRX Spread Feed--was cancelled by at least one customer,
demonstrating that customers can and do exercise choice with respect to
each feed. Nasdaq does not have detailed information from each customer
about how these feeds were used prior to cancellation or why they were
cancelled, but each customer, after being specifically informed about
the new MRX fees, terminated all access to MRX market data.\33\
---------------------------------------------------------------------------

    \32\ See Securities Exchange Act Release No. 94901 (May 12,
2022), 87 FR 30305 (May 18, 2022) (SR-MRX-2022-04).
    \33\ These terminations were limited to market data; none of
these customers were members of MRX and therefore purchased neither
memberships nor ports from the Exchange.
---------------------------------------------------------------------------

    Detailed information supporting the first step in this analysis--
low market share--is set forth in Chart 1, which shows the January 2022
market share for multiply-listed options by exchange. Of the 16
operating options exchanges, none currently has more than a 13.1%
market share, and MRX has the smallest market share at 1.8%. Customers
widely distribute their transactions across exchanges according to
their business needs and the ability of each exchange to meet those
needs through technology, liquidity and functionality. Average market
share for the 16 options exchanges is 6.26 percent, with the median at
5.8, and a range between 1.8 and 13.1 percent.
[GRAPHIC] [TIFF OMITTED] TN18JY22.010

    Market share is the percentage of volume on a particular exchange
relative to the total volume across all exchanges, and indicates the
amount of order flow directed to that exchange. High levels of market
share enhance the value of market data.
    The second step in this analysis--demonstrating that only a small
number of firms purchase market data relative to affiliated options
exchanges--is shown in Chart 2, which compares the number of firms with
access to market data from MRX to the number of firms purchasing market
data from the four MRX-affiliated options exchanges, GEMX, ISE, The
Nasdaq Stock Market LLC (``NOM'') and Nasdaq PHLX, LLC (``Phlx'').

[GRAPHIC] [TIFF OMITTED] TN18JY22.011

    Chart 2 shows that 34 firms subscribed to at least one market data
product from MRX in the first quarter of 2022. This is the second
lowest number of firms purchasing market data from the Nasdaq-
affiliated options exchanges.
    The third step in this analysis--showing that a sizable number of
customers terminated subscriptions following the proposal of the fees--
is confirmed by the five customer cancellations. As explained above,
all five customers terminated all feeds available to them. Although not
all customers took all of the MRX feeds, each one of these feeds was
cancelled by at least one customer, demonstrating that customers can
and do exercise choice with respect to each feed. These cancellations
reduced the number of firms with access to at least one MRX market data
feed from 34 to 29, an approximately 15 percent reduction in usage,
demonstrating that firms can and do exercise choice in determining
whether to purchase market data from the Exchange.
    MRX lists no proprietary options products that are entirely unique
to MRX. Firms can substitute MRX market data with feeds from exchanges
that provide a high degree of functionality, including complex orders.
Full market data options are available, for example, from Cboe,\34\
MIAX,\35\ and NYSE Arca Options.\36\ Because MRX does not list options
on products that are exclusively available on MRX, consumers can
substitute MRX data with data from any exchange that lists such
multiply-listed options, or through OPRA. Moreover, all broker-dealers
involved in order routing must take consolidated data from OPRA, and
proprietary data feeds cannot be used to meet that particular
requirement. As such, all proprietary data feeds are optional.
---------------------------------------------------------------------------

    \34\ See Cboe DataShop, available at https://datashop.cboe.com/.
    \35\ See MIAX Options Market Data & Offerings, available at
https://www.miaxoptions.com/market-data-offerings.
    \36\ See NYSE Options Markets, available at https://www.nyse.com/options.
---------------------------------------------------------------------------

    This analysis must be viewed in the context of a field with
relatively low barriers to entry. MRX, like many new entrants to the
field, offered market data for free to establish itself and gain market
share. As new entrants enter the field, MRX can also expect competition
from these new entrants. Those new entrants, like MRX, are likely to
set market data fees to zero, increasing marketplace competition.
    The Proposal is not unfairly discriminatory. The five market data
feeds at issue here--the Depth of Market Feed, Order Feed, Top Quote
Feed, Trades Feed, and Spreads Feed--are used by a variety of market
participants for a variety of purposes. Users include regulators,
market makers, competing exchanges, media, retail, academics, portfolio
managers. Market data feeds will be available to members of all of
these groups on a non-discriminatory basis.
    With respect to the proposed Non-Display Enterprise License,
enterprise licenses in general have been widely recognized as an
effective and not unfairly discriminatory method of distributing market
data. Enterprise licenses are widely employed by options exchanges, and
the proposal here is typical of such licenses.
    After 6 years, MRX proposes to commence assessing market data fees,
just as all other options exchanges do now.\37\ The introduction of
these fees will not impede access to MRX, but rather will allow MRX to
continue to compete and grow its marketplace so that it may continue to
offer a robust trading architecture, a quality opening process, an
array of simple and complex order types and auctions, and competitive
transaction pricing. If MRX is incorrect in its assessment of the value
of its services, that assessment will be reflected in MRX's ability to
compete with other options exchanges.
---------------------------------------------------------------------------

    \37\ Today, MRX is the only options exchange that does not
assess market data fees.
---------------------------------------------------------------------------

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. For all of the reasons set
forth above, the Exchange is subject to ``significant substitution-
based competitive forces'': (i) it has a consistently low percentage of
market share, starting at approximately 0.2 percent when it opened as
an Exchange and ending in approximately 1.8 percent today; (ii) only a
small number of firms purchase market data from

MRX relative to its affiliated options exchanges; and (iii) a sizeable
portion of subscribers--approximately 15 percent--have terminated their
subscriptions following the implementation of the proposed fees,
demonstrating that customers can and do exercise choice in deciding
whether to purchase market data.
    Nothing in the Proposal burdens inter-market competition (the
competition among self-regulatory organizations) because approval of
the Proposal does not impose any burden on the ability of other options
exchanges to compete. Each of the remaining 15 options exchanges
currently sells its market data, and is capable of modifying its fees
in response to the proposed changes by MRX. Moreover, allowing MRX, or
any new market entrant, to waive fees for a period of time to allow it
to become established encourages market entry and thereby ultimately
promotes competition.
    Nothing in the Proposal burdens intra-market competition (the
competition among consumers of exchange data) because each customer
will be able to decide whether or not to purchase the Exchange's market
data, as demonstrated by the fact that a significant number of the
Exchange's customers have already elected to terminate their access to
such feeds.
    The Exchange 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. 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. If the
changes proposed herein are unattractive to market participants, it is
likely that the Exchange will lose market share.\38\
---------------------------------------------------------------------------

    \38\ The Exchange notified market participants of the new fees
on December 20, 2021. See Data News #2021-11 (December 20, 2021,
available at http://www.nasdaqtrader.com/TraderNews.aspx?id=dn2021-11. As such, market participants have had ample notice of the
proposed fee changes and will be able to adjust their purchases of
exchange services accordingly.
---------------------------------------------------------------------------

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.\39\ 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.
---------------------------------------------------------------------------

    \39\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MRX-2022-08 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-MRX-2022-08. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-MRX-2022-08 and should be submitted on
or before August 8, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\40\
---------------------------------------------------------------------------

    \40\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-15220 Filed 7-15-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Rules and Regulations]
[Pages 12548-12550]
[FR Doc No: 2023-04030]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1152; Project Identifier MCAI-2022-00260-T;
Amendment 39-22323; AD 2023-02-16]
RIN 2120-AA64

Airworthiness Directives; BAE Systems (Operations) Limited
Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain BAE Systems (Operations) Limited Model Avro 146-RJ series
airplanes. This AD was prompted by a report that certain inertial
reference units (IRUs) have out-of-date magnetic variation (MagVar)
tables. This AD requires assessing the values between the MagVar tables
of the affected IRUs and the most recently published MagVar data
tables, and corrective actions if necessary. The FAA is issuing this AD
to address the unsafe condition on these products.

DATES: This AD is effective April 4, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 4,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1152; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact BAE Systems (Operations) Limited, Customer Information
Department, Prestwick International Airport, Ayrshire, KA9 2RW,
Scotland, United Kingdom; telephone +44 1292 675207; fax +44 1292
675704; email [email protected]; website regional-service.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2022-1152.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone:<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain BAE Systems
(Operations) Limited Model Avro 146-RJ airplanes. The NPRM published in
the Federal Register on November 16, 2022 (87 FR 68644). The NPRM was
prompted by AD G-2022-0005, dated February 24, 2022, issued by United
Kingdom Civil Aviation Authority (U.K. CAA), which is the aviation
authority for the United Kingdom (U.K. CAA AD G-2022-0005) (referred to
after this as the MCAI). The MCAI states that the navigation system for
Model Avro 146-RJ series airplanes has an inertial reference system
(IRS) that uses true

north to calculate magnetic heading and track. The IRS includes IRUs
with MagVar data tables that correct the heading/track for the effects
of magnetic variation. Due to the change in the location of magnetic
north over time, the level of IRS accuracy diminishes in certain
geographical locations if an IRU's MagVar data table is not kept up to
date with current WMM MagVar data tables. Consequently, certain
airplanes may have IRUs with MagVar tables that are out of date and
which can lead to inaccurate heading, course and bearing calculations.
This condition, if not corrected, may result in an increased risk of
controlled flight into terrain, or collision with another airplane,
possibly resulting in damage to the airplane and injury to occupants.
    In the NPRM, the FAA proposed to require assessing the values
between the MagVar tables of the affected IRUs and the most recently
published MagVar data tables, and corrective actions if necessary. The
FAA is issuing this AD to address the unsafe condition on these
products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1152.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.

Related Service Information Under 1 CFR Part 51

    BAE Systems has issued All Operator Message 21-011V-1, Issue 1,
dated September 27, 2021. This service information describes, among
other actions, procedures for assessing the accuracy of an affected
IRU's MagVar data table when compared to the current World Magnetic
Model (WMM) MagVar data tables, and corrective actions if the MagVar is
greater than 2 degrees. The corrective actions include either updating
an affected IRU's MagVar data tables, or operating an airplane only if
the terrain awareness warning system (TAWS) and traffic collision
avoidance system (TCAS) are installed and operative, and revising the
operator's FAA-approved minimum equipment list (MEL) to prohibit
dispatch unless both TAWS and TCAS are installed and operative. BAE
Systems All Operator Message 21-011V-1, Issue 1, dated September 27,
2021, also specifies that updating the data tables would terminate the
MEL prohibition provided the airplane has operative TAWS and TCAS.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 10 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85             $850
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2023-02-16 BAE Systems (Operations) Limited: Amendment 39-22323;
Docket No. FAA-2022-1152; Project Identifier MCAI-2022-00260-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 4, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to BAE Systems (Operations) Limited Model Avro
146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes, certificated in any
category, equipped with Honeywell inertial reference unit (IRU) part
number (P/N) HG2001BC02 or P/N HG2001BC04.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by a report that certain IRUs have out-of-
date magnetic variation (MagVar) tables. The FAA is issuing this AD
to address IRUs having outdated MagVar lookup tables, which could
lead to inaccurate inertial reference system calculations, possibly
resulting in increased risk of controlled flight into terrain, or
collision with another airplane and injury to occupants.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Definitions

    For the purpose of this AD, the following definitions apply:
    (1) Affected IRU: A Honeywell IRU having P/N HG2001BC02 using a
MagVar lookup table from 1990, or P/N HG2001BC04 using a MagVar
lookup table from 1995.
    (2) WMM: World Magnetic Model, which is the standard model for
navigation, altitude, and heading referencing systems using the
geomagnetic field. The WMM is produced at 5-year intervals. The
existing WMM as of November 16, 2022 was released December 10, 2019.

(h) Magnetic Variation Assessment

    Within 3 months after the effective date of this AD, and
thereafter at intervals not to exceed 5 years, assess the accuracy
of an affected IRU's MagVar data table, in accordance with the
Recommendations of BAE Systems All Operator Message 21-011V-1, Issue
1, dated September 27, 2021.
    (1) If the difference between an affected IRU's MagVar data
table and the existing WMM MagVar data tables is less than or equal
to 2 degrees for the routes that the airplane may operate, no
further action is required until the assessment is repeated, as
required by the introductory text to paragraph (h) of this AD.
    (2) If the difference between an affected IRU's MagVar data
table and the existing WMM MagVar data tables is greater than 2
degrees for the routes that the airplane may operate: Do the actions
required by paragraph (h)(2)(i) or (ii) of this AD.
    (i) Within three months after the effective date of this AD or
before further flight after the assessment in the introductory text
to paragraph (h) of this AD, whichever occurs later: Update the
airplane's affected IRU MagVar data tables in accordance with the
Recommendations of BAE Systems All Operator Message 21-011V-1, Issue
1, dated September 27, 2021.
    (ii) Comply with the provisions specified in, and at the times
specified in, paragraphs (h)(2)(ii)(A) and (B) of this AD.
    (A) Further flight is prohibited in areas where the difference
between the installed and the existing MagVar values exceeds the 2
degree tolerance unless both terrain awareness warning system (TAWS)
and traffic collision avoidance system (TCAS) are installed and
operative.
    (B) Before further flight, revise the operator's existing FAA-
approved minimum equipment list (MEL) to prohibit dispatch unless
both TAWS and TCAS are installed and operative.
    (3) If an affected IRU's MagVar data table cannot be determined,
follow the procedures specified in the Recommendations of BAE
Systems All Operator Message 21-011V-1, Issue 1, dated September 27,
2021.
    (4) This AD does not require operators to provide flightcrews
with certain operating procedures as those actions are already
required by existing FAA operating regulations (see 14 CFR part 91).

(i) Terminating Action for MEL Prohibition

    Updating both affected IRUs, as specified in paragraph (h)(2)(i)
of this AD, terminates the MEL prohibition specified in paragraph
(h)(2)(ii)(B) of this AD, provided both TAWS and TCAS are installed
and operative.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (k)(2) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain instructions from
a manufacturer, the instructions must be accomplished using a method
approved by the Manager, International Validation Branch, FAA; or
the UK CAA; or BAE Systems (Operations) Limited's UK CAA DOA. If
approved by the DOA, the approval must include the DOA-authorized
signature.

(k) Additional Information

    (1) Refer to U.K. CAA AD G-2022-0005, dated February 24, 2022,
for related information. This U.K. CAA AD may be found in the AD
docket at regulations.gov under Docket No. FAA-2022-1152.
    (2) For more information about this AD, contact Todd Thompson,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3228; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) BAE Systems All Operator Message 21-011V-1, Issue 1, dated
September 27, 2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact BAE
Systems (Operations) Limited, Customer Information Department,
Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United
Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email
[email protected]; website regional-service.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 27, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-04030 Filed 2-27-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Pages 16661-16662]
[FR Doc No: 2015-07205]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2142-038]

Brookfield White Pine Hydro, LLC; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Recreation Plan Amendment.
    b. Project No: 2142-038.
    c. Date Filed: March 11, 2015.
    d. Applicant: Brookfield White Pine Hydro, LLC.
    e. Name of Project: Indian Pond Project.
    f. Location: The project is located on the Kennebec River in Big
Squaw, Chase Stream, and Indian Stream townships, in Somerset and
Piscataquis Counties, Maine. The project does not occupy any federal
lands.
    g. Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Jason Seyfried, Brookfield White Pine
Hydro, LLC, 26 Katherine Drive, Hallowell, Maine 04347, telephone: 207-
629-1883 or email<EMAIL_ADDRESS>    i. FERC Contact: Mr. Lorance Yates at<PHONE_NUMBER> or email:
<EMAIL_ADDRESS>    j. Deadline for filing comments and/or motions: April 23, 2015.
    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. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
Please include the project number (P-2142-038) on any comments,
motions, or recommendations filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Application: Brookfield White Pine Hydro proposes
revisions to its recreational facility use fees as outlined in Section
4.0 of the Indian Pond Project's approved recreation plan. This plan
was approved by the Commission's, ``Order Modifying and Approving
Revised Recreation Plan'' under article 405 issued on February 23, 2005
(110 FERC ] 62,166). The licensee proposes to ``charge a reasonable
rate for use of the recreational facilities, in general accordance with
the licensee's cost to operate and maintain the facilities,'' except
for those recreational facilities uniquely specified in the July 25,
2001 Settlement Agreement.
    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 (P-2142)
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 email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<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 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 commenting, 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. Any filing made by an intervenor 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
385.2010.

    Dated: March 24, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-07205 Filed 3-27-15; 8:45 am]
 BILLING CODE 6717-01-P


From:
Gammon, Marian<EMAIL_ADDRESS>Sent:
Friday, August 5, 2016 3:31 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Raymond, Gabrielle<EMAIL_ADDRESS>Cc:
Zavoda, Rich<EMAIL_ADDRESS>Hill, John R<EMAIL_ADDRESS>Foster, Jeff<EMAIL_ADDRESS>Hauge, Eric<EMAIL_ADDRESS>Subject:
Coke MACT ICR submittal, ArcelorMittal Warren sections I-III and attachments email #3

Dr. Jones,

Find attached in email #3 ICR requested reports for Second half of 2014.

Marian M. Gammon | Environmental Manager
ArcelorMittal Warren
ArcelorMittal Warren  | 2234 Main Ave, Warren, Ohio 44481
T |<PHONE_NUMBER> C |<PHONE_NUMBER> F|<PHONE_NUMBER>
www.arcelormittal.com
P    Please consider the environment before printing this email. ArcelorMittal encourages environmental awareness.

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