[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Notices]
[Pages 77654-77657]
[FR Doc No: 2022-27376]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96480; File No. SR-PEARL-2022-54]

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

December 13, 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 November 30, 2022, MIAX PEARL, LLC (``MIAX Pearl'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') a
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX Pearl Options
Fee Schedule (the ``Fee Schedule'').
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
Pearl's principal office, and at the Commission's Public Reference
Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the

proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend the Add/Remove Tiered Rebates/Fees
set forth in Section 1)a) of the Fee Schedule to lower Taker fees
(defined below) in certain Tiers for transactions in Penny Classes
(defined below) for the Priority Customer \3\ origin.
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    \3\ The term ``Priority Customer'' means a person or entity that
(i) is not a broker or dealer in securities, and (ii) does not place
more than 390 orders in listed options per day on average during a
calendar month for its own beneficial accounts(s). The number of
orders shall be counted in accordance with Interpretation and Policy
.01 of Exchange Rule 100. See the Definitions Section of the Fee
Schedule and Exchange Rule 100, including Interpretation and Policy
.01.
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Background
    The Exchange currently assesses transaction rebates and fees to all
market participants which are based upon the total monthly volume
executed by the Member \4\ on MIAX Pearl in the relevant, respective
origin type (not including Excluded Contracts) \5\ (as the numerator)
expressed as a percentage of (divided by) TCV \6\ (as the denominator).
In addition, the per contract transaction rebates and fees are applied
retroactively to all eligible volume for that origin type once the
respective threshold tier (``Tier'') has been reached by the Member.
The Exchange aggregates the volume of Members and their Affiliates.\7\
Members that place resting liquidity, i.e., orders resting on the book
of the MIAX Pearl System,\8\ are paid the specified ``maker'' rebate
(each a ``Maker''), and Members that execute against resting liquidity
are assessed the specified ``taker'' fee (each a ``Taker''). For
opening transactions and ABBO \9\ uncrossing transactions, per contract
transaction rebates and fees are waived for all market participants.
Finally, Members are assessed lower transaction fees and receive lower
rebates for order executions in standard option classes in the Penny
Interval Program \10\ (``Penny Classes'') than for order executions in
standard option classes which are not in the Penny Interval Program
(``Non-Penny Classes''), where Members are assessed higher transaction
fees and receive higher rebates.
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    \4\ ``Member'' means an individual or organization that is
registered with the Exchange pursuant to Chapter II of Exchange
Rules for purposes of trading on the Exchange as an ``Electronic
Exchange Member'' or ``Market Maker.'' Members are deemed
``members'' under the Exchange Act. See the Definitions Section of
the Fee Schedule and Exchange Rule 100.
    \5\ ``Excluded Contracts'' means any contracts routed to an away
market for execution. See the Definitions Section of the Fee
Schedule.
    \6\ ``TCV'' means total consolidated volume calculated as the
total national volume in those classes listed on MIAX PEARL for the
month for which the fees apply, excluding consolidated volume
executed during the period time in which the Exchange experiences an
``Exchange System Disruption'' (solely in the option classes of the
affected Matching Engine (as defined below)). The term Exchange
System Disruption, which is defined in the Definitions section of
the Fee Schedule, means an outage of a Matching Engine or collective
Matching Engines for a period of two consecutive hours or more,
during trading hours. The term Matching Engine, which is also
defined in the Definitions section of the Fee Schedule, is a part of
the MIAX PEARL electronic system that processes options orders and
trades on a symbol-by-symbol basis. Some Matching Engines will
process option classes with multiple root symbols, and other
Matching Engines may be dedicated to one single option root symbol
(for example, options on SPY may be processed by one single Matching
Engine that is dedicated only to SPY). A particular root symbol may
only be assigned to a single designated Matching Engine. A
particular root symbol may not be assigned to multiple Matching
Engines. The Exchange believes that it is reasonable and appropriate
to select two consecutive hours as the amount of time necessary to
constitute an Exchange System Disruption, as two hours equates to
approximately 1.4% of available trading time per month. The Exchange
notes that the term ``Exchange System Disruption'' and its meaning
have no applicability outside of the Fee Schedule, as it is used
solely for purposes of calculating volume for the threshold tiers in
the Fee Schedule. See the Definitions Section of the Fee Schedule.
    \7\ ``Affiliate'' means (i) an affiliate of a Member of at least
75% common ownership between the firms as reflected on each firm's
Form BD, Schedule A, or (ii) the Appointed Market Maker of an
Appointed EEM (or, conversely, the Appointed EEM of an Appointed
Market Maker). An ``Appointed Market Maker'' is a MIAX PEARL Market
Maker (who does not otherwise have a corporate affiliation based
upon common ownership with an EEM) that has been appointed by an EEM
and an ``Appointed EEM'' is an EEM (who does not otherwise have a
corporate affiliation based upon common ownership with a MIAX PEARL
Market Maker) that has been appointed by a MIAX PEARL Market Maker,
pursuant to the following process. A MIAX PEARL Market Maker
appoints an EEM and an EEM appoints a MIAX PEARL Market Maker, for
the purposes of the Fee Schedule, by each completing and sending an
executed Volume Aggregation Request Form by email to
[email protected] no later than 2 business days prior to
the first business day of the month in which the designation is to
become effective. Transmittal of a validly completed and executed
form to the Exchange along with the Exchange's acknowledgement of
the effective designation to each of the Market Maker and EEM will
be viewed as acceptance of the appointment. The Exchange will only
recognize one designation per Member. A Member may make a
designation not more than once every 12 months (from the date of its
most recent designation), which designation shall remain in effect
unless or until the Exchange receives written notice submitted 2
business days prior to the first business day of the month from
either Member indicating that the appointment has been terminated.
Designations will become operative on the first business day of the
effective month and may not be terminated prior to the end of the
month. Execution data and reports will be provided to both parties.
See the Definitions Section of the Fee Schedule.
    \8\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \9\ ``ABBO'' means the best bid(s) or offer(s) disseminated by
other Eligible Exchanges (defined in Exchange Rule 1400(g)) and
calculated by the Exchange based on market information received by
the Exchange from OPRA. See the Definitions Section of the Fee
Schedule and Exchange Rule 100.
    \10\ See Securities Exchange Act Release No. 88992 (June 2,
2020), 85 FR 35142 (June 8, 2020) (SR-PEARL-2020-06).
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Proposal
    The Exchange proposes to amend the Fee Schedule for the Exchange's
options market to modify Taker fees in certain Tiers for options
transactions in Penny Classes for the Priority Customer origin.
Currently, for options transactions in all Penny Classes (except for
symbols SPY, QQQ and IWM),\11\ the Exchange assesses the following
Taker fees for the Priority Customer origin: $0.50 in Tier 1; $0.50 in
Tier 2; $0.50 in Tier 3; $0.49 in Tier 4; $0.48 in Tier 5; and $0.47 in
Tier 6. The Exchange assesses Taker fees for options transactions in
SPY for the Priority Customer origin as follows: $0.46 in Tier 1; $0.46
in Tier 2; $0.45 in Tier 3; $0.44 in Tier 4; $0.43 in Tier 5; and $0.42
in Tier 6. The Exchange also assesses Taker fees for options
transactions in QQQ and IWM for the Priority Customer origin as
follows: $0.50 in Tier 1; $0.50 in Tier 2; $0.48 in Tier 3; $0.47 in
Tier 4; $0.46 in Tier 5; and $0.45 in Tier 6.
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    \11\ See Fee Schedule, Section 1)a), note ``*''.
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    The Exchange now proposes to lower the Taker fees in certain Tiers
for options transactions in Penny Classes for the Priority Customer
origin. In particular, the Exchange proposes to lower the Taker fees
for options transactions in all Penny Classes, excluding SPY, QQQ and
IWM, for the Priority Customer origin as follows: from $0.50 to $0.48
in Tier 1; from $0.50 to $0.48 in Tier 2; from $0.50 to $0.48 in Tier
3; and from $0.49 to $0.48 in Tier 4. The Exchange also proposes to
lower the Taker fees for options transactions in QQQ and IWM for the
Priority Customer origin as follows: from $0.50 to $0.48 in Tier 1 and
from $0.50 to $0.48 in Tier 2. The purpose of these changes is for
business and competitive reasons in order to attract additional Penny
Class volume from Members by lowering certain Taker fees in options
classes that are typically among the most actively traded

symbols,\12\ which should benefit all Exchange participants by
providing more trading opportunities and tighter spreads.
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    \12\ See supra note 10 (adopting the Penny Program that applies
to the 363 most actively traded multiply listed option classes).
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Implementation
    The proposed changes will be effective beginning December 1, 2022.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \13\ in general, and
furthers the objectives of section 6(b)(4) of the Act,\14\ in that it
is an equitable allocation of reasonable dues, fees and other charges
among Exchange Members and issuers and other persons using its
facilities and does not unfairly discriminate between customers,
issuers, brokers or dealers.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(4).
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    The Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. In Regulation NMS,
the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \15\
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    \15\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).
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    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, as of November 28, 2022, no single exchange has
more than approximately 12-13% equity options market share for the
month of November 2022.\16\ Therefore, no exchange possesses
significant pricing power. More specifically, as of November 28, 2022,
the Exchange has a market share of approximately 4.47% of executed
volume of multiply-listed equity options for the month of November
2022.\17\
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    \16\ See ``The market at a glance,'' (last visited November 28,
2022), available at https://www.miaxoptions.com/.
    \17\ See id.
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    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
discontinue or reduce use of certain categories of products and
services, terminate an existing membership or determine to not become a
new member, and/or shift order flow, in response to transaction fee
changes. For example, on February 28, 2019, the Exchange filed with the
Commission a proposal to increase Taker fees in certain Tiers for
options transactions in certain Penny classes for Priority Customers
and decrease Maker rebates in certain Tiers for options transactions in
Penny classes for Priority Customers (which fee was to be effective
March 1, 2019).\18\ The Exchange experienced a decrease in total market
share for the month of March 2019, after the proposal went into effect.
Accordingly, the Exchange believes that its March 1, 2019, fee change,
to increase certain transaction fees and decrease certain transaction
rebates, may have contributed to the decrease in MIAX Pearl's market
share and, as such, the Exchange believes competitive forces constrain
the Exchange's, and other options exchanges, ability to set transaction
fees and market participants can shift order flow based on fee changes
instituted by the exchanges.
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    \18\ See Securities Exchange Act Release No. 85304 (March 13,
2019), 84 FR 10144 (March 19, 2019) (SR-PEARL-2019-07).
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    The Exchange believes that its proposal is reasonable because it
will lower Taker fees for options transactions in Penny Classes in
certain Tiers for Priority Customer orders, which should encourage
Members to submit more Priority Customer orders, leading to increased
liquidity on the Exchange to the benefit of all market participants by
providing more trading opportunities and tighter spreads.
    Further, the Exchange believes that it is equitable and not
unfairly discriminatory to assess lower Taker fees to Priority Customer
orders than to non-Priority Customer orders. A Priority Customer is by
definition not a broker or dealer in securities, and does not place
more than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s).\19\ This limitation
does not apply to participants on the Exchange whose behavior is
substantially similar to that of market professionals, including non-
Priority Customers, MIAX Pearl Market Makers, Firms, and Broker-
Dealers, who will generally submit a higher number of orders (many of
which do not result in executions) than Priority Customers.
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    \19\ See Exchange Rule 100.
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    Furthermore, the proposed decrease to Taker fees in Penny Classes
for Priority Customer transactions in certain Tiers will encourage
Members to send more orders to the Exchange. To the extent that
Priority Customer order flow in Penny Classes is increased by the
proposal, market participants will increasingly compete for the
opportunity to trade on the Exchange, including sending more orders,
which will have the potential to be assessed lower fees and higher
rebates. The resulting increased volume and liquidity will benefit all
Exchange participants by providing more trading opportunities and
tighter spreads.
    For competitive and business reasons, the Exchange believes that
lower Taker fees assessable to Priority Customer transactions in QQQ
and IWM options in certain Tiers will encourage Members to execute more
volume in QQQ and IWM options on behalf of Priority Customers since
they will be assessed reduced fees for Priority Customer orders in
those options classes which remove liquidity. The Exchange believes for
these reasons that offering the reduced Taker fees for Priority
Customer transactions in QQQ and IWM options in certain Tiers is
equitable, reasonable and not unfairly discriminatory, and thus
consistent with the Act.

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

    The Exchange does not believe that the proposed rule changes will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
proposed changes in the Taker fees for the applicable market
participants should continue to encourage the provision of liquidity
that enhances the quality of the Exchange's market and increases the
number of trading opportunities on the Exchange for all participants
who will be able to compete for such opportunities. The proposed rule
changes should enable the Exchange to continue to attract and compete
for order flow with other exchanges.
    The proposed Taker fee decreases are intended to keep the
Exchange's fees highly competitive with those of other exchanges, and
to encourage liquidity and should enable the Exchange to continue to
attract and compete for order flow with other exchanges. The Exchange
notes that it operates in a highly competitive market in which market
participants can readily favor competing venues if they deem fee levels
at a particular venue to be excessive. In such an environment, the
Exchange must continually adjust its rebates and fees to remain
competitive with other exchanges and to attract order flow. The
Exchange believes that the proposed rule changes reflect this
competitive environment because the proposal modifies the Exchange's
fees in

a manner that encourages market participants to continue to provide
liquidity and to send order flow to the Exchange.

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

    Written comments were neither solicited nor received.
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    \20\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \21\ 17 CFR 240.19b-4(f)(2).
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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,\20\ and Rule 19b-4(f)(2) \21\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.

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-PEARL-2022-54 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-PEARL-2022-54. 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-PEARL-2022-54 and should be submitted on
or before January 9, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-27376 Filed 12-16-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Page 20445]
[FR Doc No: 2012-8165]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

eMax Worldwide, Inc.; Order of Suspension of Trading

April 2, 2012.
    It appears to the Securities and Exchange Commission that the
public interest and the protection of investors require a suspension of
trading in the securities of eMax Worldwide, Inc. (CIK:<PHONE_NUMBER>)
because there is a lack of current and accurate information concerning
its securities. eMax Worldwide, Inc. has failed to make periodic
filings with the Commission and has more than 300 shareholders of
record. eMax Worldwide, Inc. is quoted on OTC Markets Group Inc. under
the ticker EMXC.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of eMax Worldwide, Inc. Therefore, it is ordered, pursuant
to Section 12(k) of the Securities Exchange Act of 1934, that trading
in the securities of eMax Worldwide, Inc. is suspended for the period
from 9:30 a.m. EDT on April 2, 2012, through 11:59 p.m. EDT on April
16, 2012.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2012-8165 Filed 4-2-12; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: June 9, 2009 (Volume 74, Number 109)]
[Notices]
[Page 27359-27360]
[DOCID:fr09jn09-146]

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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-9037; 34-60032; IC-28757; File No. 265-25]

Investor Advisory Committee

AGENCY: Securities and Exchange Commission.

ACTION: Notice of Federal Advisory Committee Establishment.

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SUMMARY: The Chairman of the Securities and Exchange Commission
(``Commission''), with the concurrence of the other Commissioners,
intends to establish the Securities and Exchange Commission Investor
Advisory Committee (``the Committee'').

ADDRESSES: Written comments may be submitted by the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/other/shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. 265-25 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington 20549-1090.

All submissions should refer to File No. 265-25. This file number
should be included on the subject line if e-mail is used. To help us
process and review your comments more efficiently, please use only one
method. The Commission will post all comments on the Commission's
Internet Web site (http://www.sec.gov/rules/other/shtml). Comments will
also be available for public inspection and copying in the Commission's
Public Reference Room, 100 F Street, NE., Washington DC 20549, on
official business days between the hours of 10 a.m. and 3 p.m. All
comments received will be posted without change; we do not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Kayla Gillan, Deputy Chief of Staff,
at<PHONE_NUMBER>, Securities and Exchange Commission, 100 F Street,
NE., Washington DC 20549.

SUPPLEMENTARY INFORMATION: In accordance with the requirements of the
Federal Advisory Committee Act, 5 U.S.C.--App.1, the Commission is
publishing this notice that the Chairman of the Commission, with the
concurrence of the other Commissioners, intends to establish the
Committee. The Committee's objective is to provide the Commission with
the views of a broad spectrum of investors on their priorities
concerning the Commission's regulatory agenda.
    To achieve the Committee's goals, between 14 and 18 members will be
appointed who can represent effectively the varied interests affected
by the range of issues to be considered. The Committee's membership may
include investors or investor representatives from a broad spectrum of
institutions, such as mutual funds, foundations, and pension funds;
investors representing different geographical regions; investors of
different sizes and investment strategies; and individual investors.
The Committee's membership will be fairly balanced in terms of points
of view represented and the functions to be performed.
    The Committee may be established 15 days after publication of this
notice by filing a charter for the Committee with the Committee on
Banking, Housing, and Urban Affairs of the United States Senate and the
Committee on Financial Services of the United States House of
Representatives. A copy of the charter as so filed also will be filed
with the Chairman of the Commission, furnished to the Library of
Congress, placed in the Public Reference Room at the Commission's
headquarters and posted on the Commission's Web site at http://
www.sec.gov. The Committee's objective is to provide the Commission
with the views of a broad spectrum of investors on their priorities
concerning the Commission's regulatory agenda, including:
    (1) Advising the Commission regarding matters of concern to
investors in the securities markets;
    (2) providing the Commission with investors' perspectives on
current, non-enforcement, regulatory issues; and
    (3) serving as a source of information and recommendations to the
Commission regarding the Commission's regulatory programs from the
point of view of investors.
    The Committee will operate for two years from the date it is
established unless, before the expiration of that time period, its
charter is re-established or renewed in accordance with the Federal
Advisory Committee Act or unless the Commission determines that the
Committee's continuance is no longer in the public interest.
    The Committee will meet at such intervals as are necessary to carry
out its functions. The charter will provide that meetings of the full
Committee are expected to occur no more frequently than four times per
year. Meetings of subgroups or subcommittees of the full Committee may
occur more frequently.
    The charter will provide that the duties of the Committee are to be
solely advisory. The Commission alone will make any determinations of
action to be taken and policy to be expressed with respect to matters
within the Commission's authority as to which the Committee provides
advice or makes recommendations.

    The Chairman of the Commission affirms that the establishment of
the Committee is necessary and in the public interest.

    By the Commission.

    Dated: June 3, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-13349 Filed 6-8-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]
[Page 61474]
[DOCID:fr05oc10-83]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13563-001]

Juneau Hydropower, Inc.; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Alternative Licensing Procedures

September 24, 2010.
    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Alternative Licensing Procedures.
    b. Project No.: 13563-001.
    c. Dated Filed: July 28, 2010.
    d. Submitted By: Juneau Hydropower, Inc.
    e. Name of Project: Sweetheart Lake Hydroelectric Project.
    f. Location: On the Lower Sweetheart Lake and Sweetheart Creek in
the City and Borough of Juneau, Alaska. The project will occupy United
States lands located in the Tongass National Forest administered by the
National Forest Service.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Duff W. Mitchell, Juneau
Hydropower, Inc., P.O. Box 22775, Juneau, AK 99802;<PHONE_NUMBER>; e-
mail at<EMAIL_ADDRESS>    i. FERC Contact: Jennifer Harper at<PHONE_NUMBER>; or e-mail at
<EMAIL_ADDRESS>    j. Juneau Hydropower, Inc. filed its request to use the Alternative
Licensing Procedures on July 28, 2010. Juneau Hydropower, Inc. provided
public notice of its request on August 13, 2010. In a letter dated
September 24, 2010, the Director of the Office of Energy Projects
approved Juneau Hydropower, Inc.'s request to use the Alternative
Licensing Process.
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, Part 402; (b) NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920; and (c) the Alaska State
Historic Preservation Officer, as required by section 106, National
Historical Preservation Act, and the implementing regulations of the
Advisory Council on Historic Preservation at 36 CFR 800.2.
    l. On August 20, 2010, the Commission designated Juneau Hydropower,
Inc. as the Commission's non-federal representative for carrying out
informal consultation, pursuant to section 7 of the Endangered Species
Act, and section 305 of the Magnuson-Stevens Fishery Conservation and
Management Act. On August 24, 2010, the Commission designated Juneau
Hydropower, Inc. as the Commission's non-federal representative for
carrying out informal consultation pursuant to section 106 of the
National Historic Preservation Act.
    m. Juneau Hydropower, Inc. filed a Pre-Application Document (PAD;
including a proposed process plan, schedule, and communications
protocol) with the Commission, pursuant to 18 CFR 5.6 of the
Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(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, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    o. Register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-24935 Filed 10-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Proposed Rules]
[Pages 75267-75268]
[FR Doc No: 2020-25973]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-1059; Airspace Docket No. 20-AGL-40]
RIN 2120-AA66

Proposed Revocation of Class E Airspace and Amendment of Class E
Airspace; Lone Rock, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to revoke the Class E surface airspace at
Tri-County Regional Airport, Lone Rock, WI, and amend the Class E
airspace extending upward from 700 feet above the surface at Tri-County
Regional Airport and Richland Airport, Richland Center, WI. The FAA is
proposing this action as the result of airspace reviews caused by the
decommissioning of the Lone Rock VHF omnidirectional range (VOR)
navigation aid as part of the VOR Minimum Operational Network (MON)
Program. The names and geographic coordinates of the airports would
also be updated to coincide with the FAA's aeronautical database.

DATES: Comments must be received on or before January 11, 2021.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2020-1059/Airspace Docket No. 20-AGL-40, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would revoke the Class E surface airspace at Tri-County Regional
Airport, Lone Rock, WI, and amend the Class E airspace extending upward
from 700 feet above the surface at Tri-County Regional Airport and
Richland Airport, Richland Center, WI, which is contained within the
Lone Rock, WI, airspace legal description, to support instrument flight
rule operations at these airports.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2020-1059/
Airspace Docket No. 20-AGL-40.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

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

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by:
    Revoking the Class E surface airspace at Tri-County Regional
Airport, Lone Rock, WI, as the weather reporting and communications
requirements of FAA Order 7400.2M, Procedures for Handling Airspace
Matters, are no longer being met to retain this airspace;
    Amending the Class E airspace extending upward from 700 feet above
the surface to within a 6.5-mile (increased from a 6.4-mile) radius of
Tri-County Regional Airport, Lone Rock,

WI; removing the city associated with the airport to comply with
changes in FAA Order 7400.2M; and updating the geographic coordinates
of the airport to coincide with the FAA's aeronautical database;
    And amending the Class E airspace extending upward from 700 feet
above the surface to within a 6.4-mile (decreased from a 7.3-miles)
radius of Richland Airport, Richland Center, WI, which is contained
within the Lone Rock, WI, airspace legal description; and updating the
name (previously Richland Center Airport) and geographic coordinates of
the airport to coincide with the FAA's aeronautical database.
    This action is the result of airspace reviews caused by the
decommissioning of the Lone Rock VOR, which provided navigation
information for the instrument procedures these airports, as part of
the VOR MON Program.
    Class E airspace designations are published in paragraph 6002 and
6005 of FAA Order 7400.11E, dated July 21, 2020, and effective
September 15, 2020, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designations listed in this document will be
published subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

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

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

AGL WI E2 Lone Rock, WI [Remove]

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL WI E5 Lone Rock, WI [Amended]

Tri-County Regional Airport, WI
    (Lat. 43[deg]12'43'' N, long. 90[deg]10'47'' W)
Richland Airport, WI
    (Lat. 43[deg]17'00'' N, long. 90[deg]17'54'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Tri-County Regional Airport, and
within a 6.4-mile radius of the Richland Airport.

    Issued in Fort Worth, Texas, on November 19, 2020.
Steven T. Phillips,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-25973 Filed 11-24-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84606-84607]
[FR Doc No: 2016-28135]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-B-1659]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before February 21, 2017.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location and the respective Community Map Repository address listed in
the tables below. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1659, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location and
the respective Community Map Repository address listed in the tables.
For communities with multiple ongoing Preliminary studies, the studies
can be identified by the unique project number and Preliminary FIRM
date listed in the tables. Additionally, the current effective FIRM and
FIS report for each community are accessible online through the FEMA
Map Service Center at www.msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: October 31, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.
    I. Non-watershed-based studies:

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                                             Community Map Repository
               Community                             Address
------------------------------------------------------------------------
           Jefferson County, Washington and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
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        Project: 14-10-0586S Preliminary Date: February 12, 2016
------------------------------------------------------------------------
City of Port Townsend..................  City Hall, 250 Madison Street,
                                          Suite 2, Port Townsend, WA
                                          98368.
Hoh Indian Tribe.......................  Hoh Indian Tribe Natural
                                          Resources Department, 2267
                                          Lower Hoh Road, Forks, WA
                                          98331.
Unincorporated Areas of Jefferson        Jefferson County Department of
 County.                                  Community Development, 621
                                          Sheridan Street, Port
                                          Townsend, WA 98368.
------------------------------------------------------------------------
           Thurston County, Washington and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
          Project: 12-10-0394S Preliminary Date: June 30, 2016
------------------------------------------------------------------------
City of Lacey..........................  City Hall, 420 College Street
                                          Southeast, Lacey, WA 98503.
City of Olympia........................  City Hall, 601 4th Avenue East,
                                          Olympia, WA 98501.
City of Tumwater.......................  City Hall, 555 Israel Road
                                          Southwest, Tumwater, WA 98501.
Unincorporated Areas of Thurston County  Thurston County Courthouse,
                                          2000 Lakeridge Drive
                                          Southwest, Building 1,
                                          Olympia, WA 98502.
------------------------------------------------------------------------

[FR Doc. 2016-28135 Filed 11-22-16; 8:45 am]
 BILLING CODE 9110-12-P