[Federal Register Volume 85, Number 174 (Tuesday, September 8, 2020)]
[Notices]
[Pages 55530-55534]
[FR Doc No: 2020-19717]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89730; File No. SR-PEARL-2020-10]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Implement a
Second Equity Rights Program

September 1, 2020.
    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 August 20, 2020, MIAX PEARL, LLC (``MIAX PEARL'' or ``Exchange'')
filed with the Securities and Exchange Commission (``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 the
Substance of the Proposed Rule Change

    The Exchange is filing a proposal to implement an equity rights
program related to fees charged for the trading of both options and
equity securities on the Exchange.
    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
    On April 6, 2018, the Exchange filed for immediate effectiveness a
proposed rule change with the Commission to implement an equity rights
program (``Existing Program'') pursuant to which units representing the
right to acquire equity in the Exchange's parent holding company, Miami
International Holdings, Inc. (``MIH'') were issued to a participating
Member \3\ in exchange for payment of an initial purchase price or the
prepayment of certain ERP Exchange Fees \4\ and the achievement of
certain liquidity volume thresholds on the Exchange over a 32-month
period.\5\ On August 14, 2020, the Commission approved a proposed rule
change to adopt rules governing the trading of equity securities on the
Exchange (the platform for the trading of equity securities is referred
to herein as ``MIAX PEARL Equities'').\6\ The Exchange now proposes to
implement a second equity rights program under which ERP Exchange fees
would be expanded to include fees incurred on and after

October 1, 2020 \7\ through June 30, 2024 (``Prepaid Fee Period'') for
trading equity securities on MIAX PEARL Equities and the achievement of
certain liquidity volume thresholds on MIAX PEARL Equities over a 42-
month period (``Proposed Program''). ERP Exchange Fees under the
Proposed Program would also include the fees included today as part of
the Existing Program.\8\ The Proposed Program would be independent of
the Existing Program.
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    \3\ The term ``Member'' means an individual or organization that
is registered with the Exchange pursuant to Chapter II of the
Exchange's 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 Exchange Rule 100.
    \4\ The ERP Exchange fees under the Existing Program consist of:
(a) Transaction fees as set forth in Section 1)a of the MIAX PEARL
Options Fee Schedule; (b) membership fees as set forth in Section 3
of the MIAX PEARL Options Fee Schedule; (c) system connectivity fees
as set forth in Section 5 of the MIAX PEARL Options Fee Schedule;
and (d) market data fees as set forth in Section 6 of the MIAX PEARL
Options Fee Schedule (collectively, the ``ERP Exchange Fees'').
    \5\ See Securities Exchange Act Release No. 83012 (April 9,
2018), 83 FR 16163 (April 13, 2018) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change To Implement an Equity
Rights Program) (``Initial ERP Filing'').
    \6\ See Securities Exchange Act Release Nos. 88132 (February 6,
2020), 85 FR 8053 (February 12, 2020) (SR-PEARL-2020-03) (Notice of
Filing of a Proposed Rule Change to Adopt Rules Governing the
Trading of Equity Securities); and 89563 (August 14, 2020), 85 FR
51510 (August 20, 2020) (Order Approving Proposed Rule Change to
Adopt Rules Governing the Trading of Equity Securities).
    \7\ The Exchange intends to begin trading equity securities on
September 25, 2020. See MIAX PEARL Receives Approval to Operate
Equities Exchange; Launch Date Confirmed for September 25, 2020,
available at https://www.miaxoptions.com/sites/default/files/press_release-files/MIAX_Press_Release_08182020.pdf (dated August
19, 2020).
    \8\ See supra note 5.
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    Similar to the Existing Program for options, the purpose of the
Proposed Program is to promote the long-term interests of MIAX PEARL by
providing incentives designed to encourage future MIH owners and MIAX
PEARL options and equity market participants to contribute to the
growth and success of MIAX PEARL, by being active liquidity providers
and takers on MIAX PEARL Equities in particular, and to provide
enhanced levels of trading volume in equity securities through an
opportunity to increase their proprietary interests in MIAX PEARL's
enterprise value.
    Members that participated in the Existing Program had two options
to choose from: (i) An offering of I-Units; and/or (ii) an offering of
J-Units.\9\ Members that choose to participate in the Proposed Program
will be able to participate in an offering of L-Units.\10\ Under the
Proposed Program, market participants would be able to pre-pay the
following ERP Exchange Fees for trading equities: (a) Transaction fees;
(b) system connectivity fees; and (c) market data fees.\11\ Like under
the Existing Program, market participants would also be able to pre-pay
the following ERP Exchange Fees for trading options: (a) Transaction
fees as set forth in Section 1)a of the MIAX PEARL Options Fee
Schedule; (b) membership fees as set forth in Section 3 of the MIAX
PEARL Options Fee Schedule; (c) system connectivity fees as set forth
in Section 5 of the MIAX PEARL Options Fee Schedule; and (d) market
data fees as set forth in Section 6 of the MIAX PEARL Options Fee
Schedule.
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    \9\ See supra note 5 for a complete description of I-Units and
J-Units.
    \10\ Like the Existing Program, the Proposed Program also
provides equity-like consideration in exchange for market making or
the provision of liquidity, order flow or volume and is open to
market participants generally. Also like the Existing Program, all
MIAX PEARL Members may participate in the Proposed Program subject
to their satisfaction of eligibility requirements. To be designated
as a participant Member, an applicant must: (i) Be a Member in good
standing of MIAX PEARL; (ii) qualify as an ``accredited investor''
as such term is defined in Regulation D of the Securities Act of
1933; and (iii) have executed all required documentation for Program
participation. If L-Unit option is oversubscribed, the units will be
allocated on a pro-rata basis that may result in a fractional
allocation.
    \11\ The Exchange notes that proprietary real-time market data
will be provided free of charge for a period of time. The Exchange
also notes that it will file a proposed rule change to adopt MIAX
PEARL Equities Fee Schedule with the Commission pursuant to Section
19(b)(3)(A)(iii) of the Exchange Act and Rule 19b-4(f)(2) thereunder
prior to the commencement of trading equity securities currently
anticipated for September 25, 2020. The Exchange has provided (and
will continue to provide) a draft of the MIAX PEARL Equities Fee
Schedule to any current or potential participant that expresses
interest joining the Proposed Program (with the condition that a
final MIAX PEARL Equities Fee Schedule is subject to filing with the
Commission), so that such participant can evaluate the proposed fees
and make a fully-informed decision in whether it wishes to join the
Proposed Program.
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    Members that participate in the Proposed Program will be issued for
each unit warrants to purchase 432,163 shares of common stock of MIH in
exchange for such participant Member's cash contribution of $1,000,000,
and with such warrants being exercisable upon the achievement by the
participating Member of certain volume thresholds on the Exchange
during a 42-month measurement period, commencing January 1, 2021. A
total of 22 L-Units will be offered. The total equity ownership of MIH
common stock held by any one participant Member will be subject to a
cap of 19.9%.\12\
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    \12\ See Ninth Article (b)(i)(B), Amended and Restated
Certificate of Incorporation of Miami International Holdings, Inc.,
effective October 16, 2015 (providing that no Exchange Member,
either alone or together with its Related Persons, may own, directly
or indirectly, of record or beneficially, shares constituting more
than twenty percent (20%) of any class of capital stock of the
Corporation). See also Ninth Article (b)(i)(C), Amended and Restated
Certificate of Incorporation of Miami International Holdings, Inc.,
effective October 16, 2015 (providing that no Person, either alone
or together with its Related Persons, at any time may, directly,
indirectly or pursuant to any voting trust, agreement, plan or other
arrangement, vote or cause the voting of shares of the capital stock
of the Corporation or give any consent or proxy with respect to
shares representing more than twenty percent (20%) of the voting
power of the then issued and outstanding capital stock of the
Corporation, nor may any Person, either alone or together with its
Related Persons, enter into any agreement, plan or other arrangement
with any other Person, either alone or together with its Related
Persons, under circumstances that would result in the shares of
capital stock of the Corporation that are subject to such agreement,
plan or other arrangement not being voted on any matter or matters
or any proxy relating thereto being withheld, where the effect of
such agreement, plan or other arrangement would be to enable any
Person, either alone or together with its Related Persons, to vote,
possess the right to vote or cause the voting of shares of the
capital stock of the Corporation which would represent more than
twenty percent (20%) of said voting power.). Any purported transfer
of shares or ownership of shares in violation of the ownership cap
by a stockholder would be subject to the limitations of the
Certificate of Incorporation, including the non-recognition of
voting rights of shares in excess of the cap and a redemption right
by MIH for excess shares. See also Ninth Article (d) and (e),
Amended and Restated Certificate of Incorporation of Miami
International Holdings, Inc., effective October 16, 2015.
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    The warrants will vest in seven (7) tranches during a measurement
period of months 1-42 of the Proposed Program. In addition, the
participant Members may earn or lose the right to exercise warrants on
a pro-rata basis based upon meeting volume commitments during the
measurement periods, as detailed below.
    A participant Member will be eligible to earn warrants during
measurement periods provided that the participant has achieved a
specified percentage of the average daily volume for National Market
System equity securities on MIAX PEARL Equities as reported by the
applicable consolidated transaction reporting plan (``ADV'').\13\ While
market participants will be able to pre-pay fees related to both their
equity and options trading on MIAX PEARL, the Proposed Program's
performance criteria will only include a market participant's equity
market share and will not include a market participant's options market
share.
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    \13\ If an equity security is not traded on MIAX PEARL Equities,
then the trading volume in that equity security will be omitted from
the calculation of ADV.
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    The seven (7) tranches will vest during the following measurement
periods: (i) 7.14% of the warrants resulting from months 1-6, with a
volume commitment of 0.014% of MIAX PEARL Equities ADV per L-Unit; \14\
(ii) 5.41% of the warrants resulting from months 7-12, with a volume
commitment of 0.053% of MIAX PEARL Equities ADV per L-Unit; (iii) 9.49%
of the warrants resulting from months 13-18, with a volume commitment
of 0.093% of MIAX PEARL Equities ADV per L-Unit; (iv) 13.47% of the
warrants resulting from months 19-24, with a volume commitment of
0.132% of MIAX PEARL Equities ADV per L-Unit; (v) 17.45% of the
warrants resulting from months 25-30, with a volume commitment of
0.171% of MIAX PEARL Equities ADV per L-Unit; (vi) 21.53% of the
warrants resulting from months 31-36, with a volume commitment of
0.211% of MIAX PEARL Equities ADV per L-Unit; and (vii) 25.51% of the
warrants resulting from months 37-42, with a volume commitment of
0.250% of MIAX PEARL Equities ADV per L-Unit. If a participant

Member reaches 100% of the volume commitment during a tranche's
measurement period, the Member will earn 100% of the warrants
applicable to such measurement period. If a participant Member reaches
less than 100% but at least 70% of the volume commitment during a
tranche's measurement period, the Member will earn a reduced amount of
warrants on a pro-rata basis applicable to such measurement period. If
a participant Member fails to reach a minimum of 70% of the volume
commitment during a tranche's measurement period, the Member will lose
all right to that tranche of warrants. Notwithstanding, in the event a
participant Member has not satisfied the volume commitment for any one
measurement period (other than measurement period 7), the participant
Member will have an opportunity to vest those warrants if such
participant Member applies a portion of the Member's over-performance
from the measurement period immediately following the prior measurement
period to ensure a minimum of 70% of the volume commitment in the prior
period and in addition has satisfied the volume commitment for the
measurement period immediately following. If a participant Member
exceeds 100% of the volume commitment during a tranche's measurement
period, the Member is able to earn, on a pro-rata basis, warrants not
earned by other participant Members. Any trades that would otherwise
constitute Qualifying Trades shall be excluded upon the Company's
receipt of written instructions from the Participant identifying which
trades should not be counted in the number of trades executed on the
Exchange by the Participant. Special strategies that are subject to a
fee cap will be omitted from the calculation of MIAX PEARL Equities
Volume.
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    \14\ The first measurement period will begin on January 1, 2021
and end June 30, 2021.
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    Similar to the Existing Program, a Member of the Exchange and its
Affiliate as defined in the options and equities Fee Schedules of MIAX
PEARL \15\ may together participate in the Proposed Program.
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    \15\ For purposes of the MIAX PEARL Options Fee Schedule and the
anticipated MIAX PEARL Equities Fee Schedule, the term ``Affiliate''
means an affiliate of a Member of at least 75% common ownership
between the firms as reflected on each firm's Form BD, Schedule A,
(``Affiliate''). The MIAX PEARL Options Fee Schedule further defines
the term ``Affiliate'' as 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 Options 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 Options Market
Maker, pursuant to the following process. A MIAX PEARL Options
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_ADDRESS>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 MIAX PEARL Options Fee Schedule.
The Exchange anticipates to also provide in the MIAX PEARL Equities
Fee Schedule for an Equity Member to aggregate ADAV and ADV with
other Equity Members that control, are controlled by, or are under
common control with such Equity Member (as evidenced on such Equity
Member's Form BD).
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    Each participant Member will have a standard piggyback registration
right to include the common shares issuable upon exercise of the
warrants should MIH file a Registration Statement under the Securities
Act of 1933. Each participant Member will also have the right to
participate pro rata in all future offerings of MIH securities for so
long as the participant Member holds at least 51% of the common shares
issued or issuable upon the exercise of warrants included in at least
one L-Unit. MIH will have the right of first refusal to purchase any
shares issued or issuable upon the exercise of the warrants that a
participant Member decides to transfer or sell. Other participant
Members will have the secondary right of first refusal to purchase any
common shares or warrant shares that a participant Member decides to
transfer or sell.
    When a participating Member acquires a certain number of units, the
Member can appoint one director to the MIAX PEARL Board.\16\ The
Exchange notes that the number of non-industry directors on the MIAX
PEARL Board, including at least one independent director, must equal or
exceed the number of industry directors and Member representatives, and
that additional new non-industry directors and Member representative
directors will need to be added in order to maintain this status. The
Exchange also notes that any directors that may be selected by a
participating Member would not be counted towards the 20% Member
representative requirement on the MIAX PEARL Board. In addition, the
Exchange notes that a Member is only entitled to a new seat if they are
not currently represented on the MIAX PEARL Board.
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    \16\ The Commission notes that MIAX PEARL will need to submit a
separate proposed rule change to make changes to its corporate
governance documents to accommodate aspects of the proposal that
involve or affect the board of MIAX PEARL.
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    All applicants will be subject to the same eligibility and
designation criteria, and all participant Members will participate in
the Proposed Program on the same terms, conditions and restrictions. To
be designated as a participant Member, an applicant must: (i) Be a
Member in good standing of MIAX PEARL; (ii) qualify as an ``accredited
investor'' as such term is defined in Regulation D of the Securities
Act of 1933; \17\ and (iii) have executed all required documentation
for Proposed Program participation. Participant Members must have
executed the definitive documentation, satisfied the eligibility
criteria required of Proposed Program participants enumerated above,
and tendered the minimum cash investment or prepayment of fees by
September 10, 2020, with a closing to occur on September 11, 2020.
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    \17\ The purpose of this criterion relates to the ability of MIH
to sell shares of common stock pursuant to an exemption from
registration under the Securities Act of 1933. The definition of
``accredited investor'' under Rule 501(a)(1) of the Securities Act
of 1933 includes any broker or dealer registered pursuant to Section
15 of the Act. MIAX PEARL Rule 200(b) requires a Member to be
registered as a broker or dealer pursuant to Section 15 of the Act,
therefore all MIAX PEARL Members will satisfy this criterion.
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    As discussed above, the purpose of the Proposed Program is to
encourage Members to direct greater trade volume to MIAX PEARL to
enhance trading volume in MIAX PEARL's market. Increased volume will
provide for greater liquidity and enhanced price discovery, which
benefits all market participants. Other exchanges have engaged in the
practice of incentivizing increased order flow in order to attract
liquidity providers through equity sharing arrangements.\18\ As
mentioned above, the Exchange previously adopted an equity rights
program and now simply seeks to expand that Existing Program to include
MIAX PEARL Equities.\19\ In addition, Miami

International Securities Exchange, LLC (``MIAX''), an affiliate of the
Exchange, previously adopted substantially similar programs to
incentivize increased order flow in order to attract liquidity
providers through an equity sharing arrangement.\20\ The Proposed
Program similarly intends to attract order flow to MIAX PEARL Equities,
which will increase liquidity, thereby providing greater trading
opportunities and tighter spreads for other market participants and
causing a corresponding increase in order flow from these other market
participants. The Proposed Program will similarly reward the liquidity
providers that provide this additional volume with a potential
proprietary interest in MIH.
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    \18\ See, e.g., Securities Exchange Act Release Nos. 62358 (June
22, 2010), 75 FR 37861 (June 30, 2010) (SR-NSX-2010-06); 64742 (June
24, 2011), 76 FR 38436 (June 30, 2011) (SR-NYSEAmex-2011-018); 69200
(March 21, 2013), 78 FR 18657 (March 27, 2013) (SR-CBOE-2013-31);
74114 (January 22, 2015), 80 FR 4611 (January 28, 2015) (SR-BOX-
2015-03); and 74576 (March 25, 2015), 80 FR 17122 (March 31, 2015)
(SR-BOX-2015-16).
    \19\ See supra note 5.
    \20\ See Securities Exchange Act Release Nos. 70498 (September
25, 2013), 78 FR 60348 (October 1, 2013) (SR-MIAX-2013-43); 74095
(January 20, 2015), 80 FR 4011 (January 26, 2015) (SR-MIAX-2015-02);
74225 (February 6, 2015), 80 FR 7897 (February 12, 2015) (SR-MIAX-
2015-05); and 80909 (June 12, 2017), 82 FR 27743 (June 16, 2017)
(SR-MIAX-2017-28).
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    The specific volume thresholds of the Proposed Program's
measurement periods were set based upon business determinations and
intended to incentivize firms to send orders to MIAX PEARL Equities. An
increased number of orders sent to MIAX PEARL Equities will in turn
provide tighter and more liquid markets, and therefore attract more
business as well.
    The Exchange's proposal to include certain non-transaction fees
within the definition of ERP Exchange Fees and thus render them
eligible for prepayment under the Proposed Program is similar to the
Existing Program and similarly designed to offer broader Member
participation in the Proposed Program. Since the Exchange operates with
a maker-taker pricing structure, Members that are only ``makers'' on
the Exchange could receive significant transaction rebates on a monthly
basis, which could obviate the need to pre-pay transaction fees under
the Proposed Program. However, by including certain regular, monthly
recurring non-transaction fees as eligible for prepayment under the
Proposed Program, the Exchange believes that it is creating an
incentive for Members that conduct this type of business on the
Exchange, and MIAX PEARL Equities in particular, to participate in the
Proposed Program, thereby broadening the number of Members that could
potentially participate in the Proposed Program.
    MIAX PEARL will initiate the measurement period on January 1, 2021.
The Exchange will notify Members of the implementation of the Proposed
Program and the dates of the enrollment period by Regulatory Circular,
and will post a copy of this rule filing on its website. Any MIAX PEARL
Member that is interested in participating in the Proposed Program may
contact MIAX PEARL for more information and legal documentation and
will be required to enter into a nondisclosure agreement regarding this
additional Proposed Program information.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \21\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \22\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) of the Act \23\ requirement that the rules of an
exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers. The Exchange also believes the
proposed rule change is consistent with Section 6(b)(4) of the Act,\24\
which requires that Exchange rules provide for the equitable allocation
of reasonable dues, fees, and other charges among its members and other
persons using its facilities. As mentioned above, the Exchange
previously adopted an equity rights program which was published by the
Commission. The Exchange now simply seeks to expand upon that Existing
Program to include MIAX PEARL Equities.\25\
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    \21\ 15 U.S.C. 78f(b).
    \22\ 15 U.S.C. 78f(b)(5).
    \23\ 15 U.S.C. 78f(b)(5).
    \24\ 15 U.S.C. 78f(b)(4).
    \25\ See supra note 5.
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    In particular, the proposed rule change is equitable and not
unfairly discriminatory, because all Members may elect to participate
(or elect to not participate) in the Proposed Program and earn units on
the same terms and conditions, assuming they satisfy the same
eligibility criteria as described above. The eligibility criteria are
objective; thus, all Members have the ability to satisfy them. The
Board of MIAX PEARL also has authorized MIAX PEARL to offer warrants in
MIH to any Member that requests designation to participate in the
Proposed Program and otherwise satisfies the eligibility criteria to
ensure that all Members will have the opportunity to own warrants and
thus participate in the Proposed Program if they so choose. The
participant Members will earn warrants on a pro-rata basis upon meeting
fixed volume threshold amounts during the measurement periods that will
apply to all participant Members.
    The Exchange believes that the methodology used to calculate the
volume thresholds is fair, reasonable and not unfairly discriminatory
because it is based on objective criteria that are designed to omit
from the calculation functionality that is not available on the
Exchange and types of transactions that are subject to little or no
transaction fees. The Proposed Program is designed to reward
participating Members for bringing their orders and quotes to MIAX
PEARL Equities.
    The Exchange believes that its proposal to allow Affiliates to
participate in the Proposed Program is fair, reasonable and not
unfairly discriminatory because, like the Existing Program, it is being
offered to all Members of the Exchange on the same terms and
conditions. The Exchange believes that allowing traditional Corporate
Affiliates \26\ to participate in the Proposed Program is reasonable
and appropriate because it will provide those participants with a
potentially greater opportunity to achieve the volume thresholds in the
Proposed Program.
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    \26\ The Commission notes that the term ``Corporate Affiliate''
refers to and has the same meaning as the defined term
``Affiliate.'' See supra note 15 (stating, the term ``Affiliate''
means an affiliate of a Member of at least 75% common ownership
between the firms as reflected on each firm's Form BD, Schedule A).
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    The Exchange believes the Proposed Program is equitable and
reasonable because an increase in volume and liquidity would benefit
all market participants by providing more trading opportunities and
tighter spreads, even to those market participants that do not
participate in the Proposed Program. Additionally, the Exchange
believes the proposed rule change is consistent with the Act because,
as described above, the Proposed Program is designed to bring greater
volume and liquidity to the Exchange, including MIAX PEARL Equities,
which will benefit all market participants by providing tighter quoting
and better prices, all of which perfects the mechanism for a free and
open market and national market system.

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. The Exchange believes that the
proposed rule change will improve competition by providing market
participants with another option when determining where to execute
orders and post liquidity.
    The Exchange believes that the proposed change would increase both
intermarket and intramarket competition by incenting participant
Members to direct their orders to MIAX PEARL Equities, which will
enhance the quality of quoting and increase the volume traded here. To
the extent that there is an additional competitive burden on non-
participant Members, the Exchange believes that this is appropriate
because the Proposed Program should incent Members to direct additional
order flow to MIAX PEARL Equities, and thus provide additional
liquidity that enhances the quality of its markets and increases the
volume traded on MIAX PEARL Equities. To the extent that this purpose
is achieved, all of the Exchange's market participants should benefit
from the improved market liquidity. Enhanced market quality and
increased transaction volume that results from the anticipated increase
in order flow directed to the Exchange will benefit all market
participants and improve competition on the Exchange and MIAX PEARL
Equities in particular.
    Given the robust competition for volume among equities markets,
many of which offer the same products, implementing a program to
attract order flow like the one being proposed in this filing is
consistent with the above-mentioned goals of the Act. This is
especially true for the smaller equities markets, such as MIAX PEARL
Equities in particular, which is competing for volume with much larger
exchanges that dominate the equities trading industry. MIAX PEARL has
no history in the trading of equities, so it is unlikely that the
Proposed Program could cause any competitive harm to the equities
markets or to market participants. Rather, the Proposed Program is an
attempt by a new equities market to attract order volume away from
larger competitors by adopting an innovative pricing strategy, as
evidenced by the volume thresholds of the Proposed Program that
represent fractions of equities Total Consolidated Volume. The Exchange
notes that if the Proposed Program resulted in a modest average daily
trading volume in equities executed on MIAX PEARL, it would represent a
minimal reduction in volume of its larger competitors in the industry.
The Exchange believes that the Proposed Program will help further
competition, because market participants will have yet another option
in determining where to execute orders and post liquidity if they
factor the benefits of MIAX PEARL equity participation into the
determination. The Exchange notes that other exchanges have engaged in
the practice of incentivizing increased order flow in order to attract
liquidity providers through equity sharing arrangements.\27\ In
addition, as mentioned above, the Exchange previously adopted an equity
rights program and now simply seeks to adopt the Proposed Program to
include MIAX PEARL Equities.\28\
---------------------------------------------------------------------------

    \27\ See supra note 18.
    \28\ See supra note 5.
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\29\ and Rule 19b-4(f)(2) \30\ 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.
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \30\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-PEARL-2020-10 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-2020-10. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-PEARL-2020-10, and should be submitted
on or before September 29, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
---------------------------------------------------------------------------

    \31\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-19717 Filed 9-4-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Rules and Regulations]
[Pages 40445-40451]
[FR Doc No: 2018-17483]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0028; Product Identifier 2017-NM-143-AD; Amendment
39-19356; AD 2018-17-02]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 (601), and CL-
600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. This AD was
prompted by a determination that the safe life limits of the horizontal
stabilizer trim actuator (HSTA) attachment pins and trunnions were not
listed in certain airworthiness limitations (AWLs) and that the HSTA
attachment pins and trunnions were not serialized. This AD requires
revision of the maintenance or inspection program, as applicable, to
include the latest revision of the AWLs, serialization of the HSTA
attachment pins and trunnions, and repair or replacement of damaged
HSTA attachment pins and

trunnions. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective September 19, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 19,
2018.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax<PHONE_NUMBER>; email [email protected];
internet http://www.bombardier.com. You may view this referenced
service information at the FAA, Transport Standards 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 on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2018-0028.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0028; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer,
Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Bombardier, Inc.,
Model CL-600-1A11 (600), CL-600-2A12 (601), and CL-600-2B16 (601-3A,
601-3R, and 604 Variants) airplanes. The NPRM published in the Federal
Register on February 8, 2018 (83 FR 5587) (``the NPRM''). The NPRM was
prompted by a determination that the safe life limits of the HSTA
attachment pins and trunnions were not listed in certain AWLs and that
the HSTA attachment pins and trunnions were not serialized. The NPRM
proposed to require revision of the maintenance or inspection program,
as applicable, to include the latest revision of the AWLs,
serialization of the HSTA attachment pins and trunnions, and repair or
replacement of damaged HSTA attachment pins and trunnions. We are
issuing this AD to address failure of the HSTA attachment pins and
trunnions, which could lead to a disconnect of the horizontal
stabilizer and subsequent loss of the airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2017-24, dated July 12,
2017 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 (601),
and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. The MCAI
states:

    During a review of the Horizontal Stabilizer Trim Actuator
(HSTA) system, it was discovered that the safe life limits of the
HSTA attachment pins and trunnions were not listed in the
Airworthiness Limitation (AWL) Section of the Instructions for
Continued Airworthiness. Also, the HSTA attachment pins and
trunnions were not serialized making it impossible to keep accurate
records of the life of these parts. Failure of these pins and
trunnions could lead to a disconnect of the horizontal stabilizer
and subsequent loss of the aeroplane.
    This [Canadian] AD mandates the incorporation of AWL tasks into
the maintenance schedule and serialization of HSTA attachment pins
and trunnions. Some aircraft require AWL tasks and serialization of
the attachment pins only, while others require AWL tasks and
serialization of the trunnions and attachment pins [and repair or
replacement if damaged (including linear scratches, pits, spalling,
dents, or surface texture variations)].

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0028.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Request To Allow Using Later Revisions of the Service Information

    NetJets requested that paragraph (h) of the proposed AD be revised
to specify the latest time limits/maintenance checks (TLMC) revisions.
NetJets noted that some of the TLMC documents referenced in the
proposed AD have been revised. NetJets also requested that we revise
the proposed AD so that operators can use later approved revisions of
the TLMC documents to show compliance without requesting an alternative
method of compliance (AMOC).
    We partially agree with the commenter's request. In this
circumstance, the specific tasks required by this AD have not changed
in the latest available service information from the earlier revisions
of the service information specified in the NPRM. We have therefore
revised this AD to refer to the latest available service information
and revised paragraph (k) of this AD to provide credit for actions done
using earlier revisions of certain service information. However, we may
not refer to any document that does not yet exist. In general terms, we
are required by Office of the Federal Register (OFR) regulations to
either publish the service document contents as part of the actual AD
language; or submit the service document to the OFR for approval as
``referenced'' material, in which case we may only refer to such
material in the text of an AD. The AD may refer to the service document
only if the OFR approved it for ``incorporation by reference.'' See 1
CFR part 51.
    To allow operators to use later revisions of the referenced
document (issued after publication of the AD), either we must revise
the AD to reference specific later revisions, or operators must request
approval to use later revisions as an AMOC with this AD under the
provisions of paragraph (m)(1) of this AD. We cannot reference a
specific revision not yet in existence so the only option is to request
an AMOC.

Request To Use a Service Bulletin Instead of a TLMC

    Disney Aviation Group requested that the proposed AD be revised to
use actions in a service bulletin instead of the TLMC for any required
inspections. The commenter noted that most operators have an electronic
subscription that automatically gives them the newest revision of the
TLMC documents. The commenter stated that since the TLMCs have been
updated since the draft AD was issued, operators

will not be able to comply with the AD, and will have to request an
AMOC. The commenter noted that service bulletins are not revised as
often as TLMC documents, and when they are updated they are not
superseded by future revisions. The commenter pointed out that other
manufacturers issue service bulletins with similar requirements and the
related ADs require those service bulletins.
    We disagree with the commenter's request. As noted previously, we
have revised this AD to refer to the latest available TLMC documents.
We cannot, however, mandate how a given manufacturer makes their
service information available. Since Bombardier, Inc. has chosen to
provide the TLMCs in a separate document, rather than a service
bulletin, that is what operators must use to show compliance with this
AD. We have therefore not changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information.
    The following service information describes procedures for
serializing the HSTA attachment pins and trunnions. These documents are
distinct since they apply to different airplane models in different
configurations.
     Bombardier Service Bulletin 600-0760, Revision 01, dated
April 21, 2017.
     Bombardier Service Bulletin 601-0626, Revision 01, dated
April 21, 2017.
     Bombardier Service Bulletin 604-27-034, Revision 01, dated
April 21, 2017.
     Bombardier Service Bulletin 605-27-005, Revision 01, dated
April 21, 2017.
    The following service information identifies airworthiness
limitation tasks for revising the life limits for HSTA attachment pins
and trunnions. These documents are distinct since they apply to
different airplane models in different configurations.
     Section 5-10-10, ``Time Limits (Structural),'' of Section
5-10-00, ``Airworthiness Limitations,'' of Bombardier Challenger 600
Time Limits/Maintenance Checks, Publication No. PSP 605, Revision 39,
dated January 8, 2018.
     Section 5-10-10, ``Time Limits (Structural)--Pre SB 601-
0280,'' of Section 5-10-00, ``Airworthiness Limitations,'' of
Bombardier Challenger 601 Time Limits/Maintenance Checks, Publication
No. PSP 601-5, Revision 46, dated January 8, 2018.
     Section 5-10-11, ``Time Limits (Structural)--Post SB 601-
0280,'' of Section 5-10-00, ``Airworthiness Limitations,'' of
Bombardier Challenger 601 Time Limits/Maintenance Checks, Publication
No. PSP 601-5, Revision 46, dated January 8, 2018.
     Section 5-10-12, ``Time Limits (Structural)--Post SB 601-
0360,'' of Section 5-10-00, ``Airworthiness Limitations,'' of
Bombardier Challenger 601 Time Limits/Maintenance Checks, Publication
No. PSP 601-5, Revision 46, dated January 8, 2018.
     Section 5-10-10, ``Time Limits (Structural),'' of Section
5-10-00, ``Airworthiness Limitations,'' of Bombardier Challenger 601
Time Limits/Maintenance Checks, Publication No. PSP 601A-5, Revision
42, dated January 8, 2018.
     Section 5-10-11, ``Time Limits (Structural),'' of Section
5-10-00, ``Airworthiness Limitations,'' of Bombardier Challenger 601
Time Limits/Maintenance Checks, Publication No. PSP 601A-5, Revision
42, dated January 8, 2018.
     Section 5-10-12, ``Time Limits (Structural),'' of Section
5-10-00, ``Airworthiness Limitations,'' of Bombardier Challenger 601
Time Limits/Maintenance Checks, Publication No. PSP 601A-5, Revision
42, dated January 8, 2018.
    The following service information describes life limits for certain
HSTA attachment pins and trunnion supports. These documents are
distinct since they apply to different airplane models in different
configurations.
     Section 5-10-10, ``Life Limits (Structures),'' of
Bombardier Challenger 604 CL-604 Time Limits/Maintenance Checks, Part 2
Airworthiness Limitations, Revision 30, dated December 4, 2017. This
service information describes, among other tasks: Task 27-42-01-108,
``Discard of the Horizontal-Stabilizer Trim-Actuator (HSTA) Trunnion
Support; Part No. 601R92386-1/-3;'' and Task 27-42-01-112, ``Discard of
the Horizontal-Stabilizer Trim-Actuator (HSTA) Upper and Lower
Attachment Pins; Upper Pin Part No. 600-92384-5/-7 or 601R92310-1/-3
and Lower Pin Part No. 600-92383-5/-7 or 601R92309-1/-3.''
     Section 5-10-10, ``Life Limits (Structures),'' of
Bombardier Challenger 605 CL-605 Time Limits/Maintenance Checks, Part 2
Airworthiness Limitations, Revision 18, dated December 4, 2017. This
service information describes, among other tasks: Task 27-42-01-108,
``Discard of the Horizontal-Stabilizer Trim-Actuator (HSTA) Trunnion
Support; Part No. 601R92386-1/-3;'' and Task 27-42-01-112, ``Discard of
the Horizontal-Stabilizer Trim-Actuator (HSTA) Upper and Lower
Attachment Pins; Upper Pin Part No. 600-92384-5/-7 or 601R92310-1/-3
and Lower Pin Part No. 600-92383-5/-7 or 601R92309-1/ -3.''
     Section 5-10-10, ``Life Limits (Structures),'' of
Bombardier Challenger 650 CL-650 Time Limits/Maintenance Checks, Part 2
Airworthiness Limitations, Revision 5, dated December 4, 2017. This
service information describes, among other tasks: Task 27-42-01-108,
``Discard of the Horizontal-Stabilizer Trim-Actuator (HSTA) Trunnion
Support; Part No. 601R92386-1/-3;'' and Task 27-42-01-112, ``Discard of
the Horizontal-Stabilizer Trim-Actuator (HSTA) Upper and Lower
Attachment Pins; Upper Pin Part No. 600-92384-5/-7 or 601R92310-1/-3
and Lower Pin Part No. 600-92383-5/-7 or 601R92309-1/-3.''
    The following service information describes procedures for
identifying damage to HSTA attachment pins and trunnions, and repair or
replacement instructions. These documents are distinct since they apply
to different airplane models in different configurations.
     Bombardier Repair Engineering Order (REO) 600-27-42-002,
``General Repair--HSTA Upper and Lower Pins,'' dated December 15, 2016.
     Bombardier Repair Engineering Order (REO) 604-27-42-011,
``General Repair--HSTA Trunnion P/N 601R92386-1/-3,'' dated December
15, 2016.
     Bombardier Repair Engineering Order (REO) 604-27-42-012,
``General Repair--HSTA Upper and Lower Pins,'' dated December 15, 2016.
    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

    We estimate that this AD affects 137 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
            Action                 Labor cost       Parts cost       Cost per product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Serialization................  Up to 20 work-               $449  Up to $2,149..........  Up to $294,413.
                                hours x $85 per
                                hour = Up to
                                $1,700.
----------------------------------------------------------------------------------------------------------------

    We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
    We have received no definitive data that would enable us to provide
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.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    We determined that 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    3. Will not affect intrastate aviation in Alaska, and
    4. 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.

Adoption of 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 (AD):

2018-17-02 Bombardier, Inc.: Amendment 39-19356; Docket No. FAA-
2018-0028; Product Identifier 2017-NM-143-AD.

(a) Effective Date

    This AD is effective September 19, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc., airplanes identified in
paragraphs (c)(1) through (c)(4) of this AD, certificated in any
category.
    (1) Model CL-600-1A11 (600) airplanes, serial numbers 1002 and
1004 through 1085 inclusive.
    (2) Model CL-600-2A12 (601) airplanes, serial numbers 3001
through 3066 inclusive.
    (3) Model CL-600-2B16 (601-3A and 601-3R Variants) airplanes,
serial numbers 5001 through 5194 inclusive.
    (4) Model CL-600-2B16 (604 Variant) airplanes, serial numbers
5301 through 5665 inclusive, 5701 through 5990 inclusive, and 6050
and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by a determination that the safe life
limits of the horizontal stabilizer trim actuator (HSTA) attachment
pins and trunnions were not listed in certain airworthiness
limitations (AWLs) and that the HSTA attachment pins and trunnions
were not serialized. We are issuing this AD to prevent failure of
the HSTA attachment pins and trunnions, which could lead to a
disconnect of the horizontal stabilizer and subsequent loss of the
airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision for Model CL-600-1A11
(600), Model CL-600-2A12 (601), and Model CL-600-2B16 (601-3A and 601-
3R Variants) Airplanes

    For airplanes identified in paragraphs (c)(1), (c)(2), and
(c)(3) of this AD: Within 60 days after the effective date of this
AD, revise the maintenance or inspection program, as applicable, to
incorporate the life limit AWL tasks identified in table 1 to
paragraph (g) of this AD, as specified in the applicable service
information identified in paragraph (g)(1), (g)(2), or (g)(3) of
this AD. The initial compliance time is within 500 flight cycles of
the effective date of this AD, or at the applicable time (in terms
of landings) specified in the applicable AWL task identified in
table 1 to paragraph (g) of this AD, whichever occurs later.

    (1) For Model CL-600-1A11 (600) airplanes, Section 5-10-10,
``Time Limits (Structural),'' of Section 5-10-00, ``Airworthiness
Limitations,'' of Bombardier Challenger 600 Time Limits/Maintenance
Checks, Publication No. PSP 605, Revision 39, dated January 8, 2018.
    (2) For Model CL-600-2A12 (601) airplanes, the applicable task
specified in paragraph (g)(2)(i), (g)(2)(ii), or (g)(2)(iii) of this
AD, as identified in Section 5-10-00, ``Airworthiness Limitations,''
of Bombardier Challenger 601 Time Limits/Maintenance Checks,
Publication No. PSP 601-5, Revision 46, dated January 8, 2018.
    (i) Section 5-10-10, ``Time Limits (Structural)--Pre SB 601-
0280.''
    (ii) Section 5-10-11, ``Time Limits (Structural)--Post SB 601-
0280.''
    (iii) Section 5-10-12, ``Time Limits (Structural)--Post SB 601-
0360.''
    (3) For Model CL-600-2B16 (601-3A and 601-3R Variants)
airplanes, the applicable task specified in paragraph (g)(3)(i),
(g)(3)(ii), or (g)(3)(iii) of this AD, as identified in Section 5-
10-00, ``Airworthiness Limitations,'' of Bombardier Challenger 601
Time Limits/Maintenance Checks, Publication No. PSP 601A-5, Revision
42, dated January 8, 2018.
    (i) Section 5-10-10, ``Time Limits (Structural).''
    (ii) Section 5-10-11, ``Time Limits (Structural).''
    (iii) Section 5-10-12, ``Time Limits (Structural).''
    [GRAPHIC] [TIFF OMITTED] TR15AU18.002

(h) Maintenance or Inspection Program Revision for Model CL-600-2B16
(604 Variant) Airplanes

    For airplanes identified in paragraph (c)(4) of this AD: Within
60 days after the effective date of this AD, revise the maintenance
or inspection program, as applicable, to incorporate new life limit
AWL Task 27-42-01-108, ``Discard of the Horizontal-Stabilizer Trim-
Actuator (HSTA) Trunnion Support; Part No. 601R92386-1/-3,'' and
Task 27-42-01-112, ``Discard of the Horizontal-Stabilizer Trim-
Actuator (HSTA) Upper and Lower Attachment Pins; Upper Pin Part No.
600-92384-5/-7 or 601R92310-1/-3 and Lower Pin Part No. 600-92383-5/
-7 or 601R92309-1/-3,'' as specified in the applicable time limits
maintenance checks (TLMC) manuals identified in paragraphs (h)(1),
(h)(2), and (h)(3) of this AD. The initial compliance time is within
500 flight cycles after the effective date of this AD, or at the
applicable time specified in the applicable AWL task, whichever
occurs later.
    (1) For airplanes having serial numbers 5301 through 5665
inclusive: Section 5-10-10, ``Life Limits (Structures),'' of
Bombardier Challenger 604 CL-604 Time Limits/Maintenance Checks,
Part 2 Airworthiness Limitations, Revision 30, dated December 4,
2017.
    (2) For airplanes having serial numbers 5701 through 5990
inclusive: Section 5-10-10, ``Life Limits (Structures),'' of
Bombardier Challenger 605 CL-605 Time Limits/Maintenance Checks,
Part 2 Airworthiness Limitations, Revision 18, dated December 4,
2017.
    (3) For airplanes having serial numbers 6050 and subsequent:
Section 5-10-10, ``Life Limits (Structures),'' of Bombardier
Challenger 650 CL-650 Time Limits/Maintenance Checks, Part 2
Airworthiness Limitations, Revision 5, dated December 4, 2017.

(i) Serialization of HSTA Attachment Pins and Trunnions

    For airplanes identified in table 2 to paragraph (i) of this AD:
Within 48 months after the effective date of this AD, or prior to
performing a maintenance task required by paragraph (g) or (h) of
this AD, as applicable, whichever occurs first, do a general visual
inspection for damage (including linear scratches, pits, spalling,
dents, or surface texture variations), and add serial numbers to the
HSTA trunnions, lower attachment pin, and upper attachment pin, as
applicable, in accordance with the Accomplishment Instructions of
the applicable service information specified in table 2 to paragraph
(i) of this AD. If any damage to the HSTA trunnions or attachment
pins is found, repair the damage in accordance with the applicable
service information specified in paragraph (i)(1), (i)(2), or (i)(3)
of this AD; or using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature. If the damaged HSTA trunnion or attachment pin cannot be
repaired in accordance with the applicable service information
specified in paragraph (i)(1), (i)(2), or (i)(3) of this AD: Before
further flight, replace the damaged HSTA trunnion or attachment pin
with a serviceable serialized HSTA trunnion or attachment pin, in
accordance with the applicable service information specified in
table 2 to paragraph (i) of this AD.
    (1) Bombardier Repair Engineering Order (REO) 600-27-42-002,
``General Repair--HSTA Upper and Lower Pins,'' dated December 15,
2016.
    (2) Bombardier Repair Engineering Order (REO) 604-27-42-011,
``General Repair--HSTA Trunnion P/N 601R92386-1/-3,'' dated December
15, 2016.
    (3) Bombardier Repair Engineering Order (REO) 604-27-42-012,
``General Repair--HSTA Upper and Lower Pins,'' dated December 15,
2016.
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[GRAPHIC] [TIFF OMITTED] TR15AU18.003

BILLING CODE 4910-13-C

(j) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraph (g) or (h) of this AD, no alternative actions
(e.g., inspections) or intervals may be used unless the actions or
intervals are approved as an alternative method of compliance (AMOC)
in accordance with the procedures specified in paragraph (m)(1) of
this AD.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using the service information specified in
paragraph (k)(1)(i), (k)(1)(ii), or (k)(1)(iii) of this AD, as
applicable.
    (i) Section 5-10-10, ``Time Limits (Structural),'' of Section 5-
10-00, ``Airworthiness Limitations,'' of Bombardier Challenger 600
Time Limits/Maintenance Checks, Publication No. PSP 605, Revision
38, dated March 28, 2017.
    (ii) Section 5-10-10, ``Time Limits (Structural)--Pre SB 601-
0280,'' of Section 5-10-00, ``Airworthiness Limitations,'' of
Bombardier Challenger 601 Time Limits/Maintenance Checks,
Publication No. PSP 601-5, Revision 45, dated March 28, 2017.
    (iii) Section 5-10-11, ``Time Limits (Structural)--Post SB 601-
0280,'' of Section 5-10-00, ``Airworthiness Limitations,'' of
Bombardier Challenger 601 Time Limits/Maintenance Checks,
Publication No. PSP 601-5, Revision 45, dated March 28, 2017.
    (iv) Section 5-10-12, ``Time Limits (Structural)--Post SB 601-
0360,'' of Section 5-10-00, ``Airworthiness Limitations,'' of
Bombardier Challenger 601 Time Limits/Maintenance Checks,
Publication No. PSP 601-5, Revision 45, dated March 28, 2017.
    (v) Section 5-10-10, ``Time Limits (Structural),'' of Section 5-
10-00, ``Airworthiness Limitations,'' of Bombardier Challenger 601
Time Limits/Maintenance Checks, Publication No. PSP 601A-5, Revision
41, dated March 28, 2017.
    (vi) Section 5-10-11, ``Time Limits (Structural),'' of Section
5-10-00, ``Airworthiness Limitations,'' of Bombardier Challenger 601
Time Limits/Maintenance Checks, Publication No. PSP 601A-5, Revision
41, dated March 28, 2017.
    (vii) Section 5-10-12, ``Time Limits (Structural),'' of Section
5-10-00, ``Airworthiness Limitations,'' of Bombardier Challenger 601
Time Limits/Maintenance Checks, Publication No. PSP 601A-5, Revision
41, dated March 28, 2017.
    (2) This paragraph provides credit for actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using the service information specified in
paragraph (k)(2)(i), (k)(2)(ii), or (k)(2)(iii) of this AD, as
applicable.
    (i) Section 5-10-10, ``Life Limits (Structures),'' of Bombardier
Challenger 604 CL-604 Time Limits/Maintenance Checks, Part 2
Airworthiness Limitations, Revision 29, dated June 16, 2017.
    (ii) Section 5-10-10, ``Life Limits (Structures),'' of
Bombardier Challenger 605 CL-605 Time Limits/Maintenance Checks,
Part 2 Airworthiness Limitations, Revision 17, dated June 16, 2017.
    (iii) Section 5-10-10, ``Life Limits (Structures),'' of
Bombardier Challenger 650 CL-650 Time Limits/Maintenance Checks,
Part 2 Airworthiness Limitations, Revision 4, dated June 16, 2017.
    (3) This paragraph provides credit for actions required by
paragraph (i) of this AD, if those actions were performed before the
effective date of this AD using the service information specified in
paragraph (k)(3)(i), (k)(3)(ii), (k)(3)(iii), or (k)(3)(iv) of this
AD, as applicable.
    (i) Bombardier Service Bulletin 600-0760, dated February 25,
2013.
    (ii) Bombardier Service Bulletin 601-0626, dated February 25,
2013.
    (iii) Bombardier Service Bulletin 604-27-034, dated February 25,
2013.
    (iv) Bombardier Service Bulletin 605-27-005, dated February 25,
2013.

(l) Parts Installation Limitations

    (1) As of the effective date of this AD, no person may install,
on any airplane, an HSTA attachment pin, unless the pin has a serial
number.
    (2) As of the effective date of this AD, no person may install,
on any Bombardier, Inc., Model CL-600-2B16 (604 Variant) airplane
with serial number 5301 and subsequent, an HSTA trunnion, unless the
HSTA trunnion has a serial number.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by
the DAO, the approval must include the DAO-authorized signature.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2017-24, dated July 12, 2017, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0028.
    (2) For more information about this AD, contact Aziz Ahmed,
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email [email protected].
    (3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (o)(3) and (o)(4) of this AD.

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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) Bombardier Repair Engineering Order (REO) 600-27-42-002,
``General Repair--HSTA Upper and Lower Pins,'' dated December 15,
2016.
    (ii) Bombardier Repair Engineering Order (REO) 604-27-42-011,
``General Repair--HSTA Trunnion P/N 601R92386-1/-3,'' dated December
15, 2016.
    (iii) Bombardier Repair Engineering Order (REO) 604-27-42-012,
``General Repair--HSTA Upper and Lower Pins,'' dated December 15,
2016.
    (iv) Bombardier Service Bulletin 600-0760, Revision 01, dated
April 21, 2017.
    (v) Bombardier Service Bulletin 601-0626, Revision 01, dated
April 21, 2017.
    (vi) Bombardier Service Bulletin 604-27-034, Revision 01, dated
April 21, 2017.
    (vii) Bombardier Service Bulletin 605-27-005, Revision 01, dated
April 21, 2017.
    (viii) Section 5-10-10, ``Time Limits (Structural),'' of Section
5-10-00, ``Airworthiness Limitations,'' of Bombardier Challenger 600
Time Limits/Maintenance Checks, Publication No. PSP 605, Revision
39, dated January 8, 2018.
    (ix) Section 5-10-00, ``Airworthiness Limitations,'' of
Bombardier Challenger 601 Time Limits/Maintenance Checks,
Publication No. PSP 601-5, Revision 46, dated January 8, 2018.
    (A) Section 5-10-10, ``Time Limits (Structural)--Pre SB 601-
0280.''
    (B) Section 5-10-11, ``Time Limits (Structural)--Post SB 601-
0280.''
    (C) Section 5-10-12, ``Time Limits (Structural)--Post SB 601-
0360.''
    (x) Section 5-10-00, ``Airworthiness Limitations,'' of
Bombardier Challenger 601 Time Limits/Maintenance Checks,
Publication No. PSP 601A-5, Revision 42, dated January 8, 2018.
    (A) Section 5-10-10, ``Time Limits (Structural).''
    (B) Section 5-10-11, ``Time Limits (Structural).''
    (C) Section 5-10-12, ``Time Limits (Structural).''
    (xi) Section 5-10-10, ``Life Limits (Structures),'' of
Bombardier Challenger 604 CL-604 Time Limits/Maintenance Checks,
Part 2 Airworthiness Limitations, Revision 30, dated December 4,
2017.
    (xii) Section 5-10-10, ``Life Limits (Structures),'' of
Bombardier Challenger 605 CL-605 Time Limits/Maintenance Checks,
Part 2 Airworthiness Limitations, Revision 18, dated December 4,
2017.
    (xiii) Section 5-10-10, ``Life Limits (Structures),'' of
Bombardier Challenger 650 CL-650 Time Limits/Maintenance Checks,
Part 2 Airworthiness Limitations, Revision 5, dated December 4,
2017.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax<PHONE_NUMBER>; email
[email protected]; internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 5, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-17483 Filed 8-14-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 71005-71006]
[FR Doc No: 2023-22689]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002; Internal Agency Docket No. FEMA-B-2363]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

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).

DATES: Comments are to be submitted on or before January 11, 2024.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload 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
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2363, 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 protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and

Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472,
(202) 646-7659, or (email) [email protected]; or visit the
FEMA Mapping and Insurance eXchange (FMIX) online at https://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.
    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 https://www.floodsrp.org/pdfs/srp_overview.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
https://hazards.fema.gov/femaportal/prelimdownload 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 https://msc.fema.gov for comparison.

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

Nicholas A. Shufro,
Deputy Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
          Brookings County, South Dakota and Incorporated Areas
          Project: 20-08-0008S Preliminary Date: April 28, 2023
------------------------------------------------------------------------
City of Arlington......................  City Hall, 202 West Elm Street,
                                          Arlington, SD 57212.
City of Aurora.........................  City Office, 102 West Front
                                          Street, Aurora, SD 57002.
City of Brookings......................  City and County Government
                                          Center, 520 3rd Street, Suite
                                          140, Brookings, SD 57006.
City of Bruce..........................  Finance Office, 507 Jay Street,
                                          Bruce, SD 57220.
City of Elkton.........................  Community Center, 109 Elk
                                          Street, Elkton, SD 57026.
City of Volga..........................  City Hall, 226 Kasan Avenue,
                                          Volga, SD 57071.
Town of Bushnell.......................  Map Repository, 47816 Main
                                          Street, Bushnell, SD 57276.
Town of Sinai..........................  Fire Hall, 307 Main Street,
                                          Sinai, SD 57061.
Town of White..........................  City Finance Office, 300 West
                                          Main Street, White, SD 57276.
Unincorporated Areas of Brookings        City and County Government
 County.                                  Center, 520 3rd Street, Suite
                                          200, Brookings, SD 57006.
------------------------------------------------------------------------
            Pierce County, Washington and Incorporated Areas
        Project: 21-10-0021S Preliminary Date: December 07, 2022
------------------------------------------------------------------------
City of Roy............................  City Hall, 216 McNaught Street
                                          S, Roy, WA 98580.
Unincorporated Areas of Pierce County..  Pierce County Tacoma Mall
                                          Plaza, 2702 South 42nd Street,
                                          Suite 201, Tacoma, WA 98409.
------------------------------------------------------------------------

[FR Doc. 2023-22689 Filed 10-12-23; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: December 7, 2005 (Volume 70, Number 234)]
[Notices]
[Page 72811-72812]
[DOCID:fr07de05-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-109-000]

Northern Natural Gas Company; Notice of Proposed Changes in FERC
Gas Tariff

November 30, 2005.
    Take notice that on November 23, 2005, Northern Natural Gas Company
(Northern) tendered for filing to become part of its FERC Gas Tariff,
Fifth Revised Volume No. 1, Eleventh Revised Sheet No. 259, with an
effective date of December 24, 2005.
    Northern further states that copies of the filing have been mailed
to each of its customers and interested state commissions.

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6953 Filed 12-6-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 13, 2006 (Volume 71, Number 177)]
[Notices]
[Page 54045-54046]
[DOCID:fr13se06-70]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-509-000]

Texas Eastern Transmission, LP; Notice of Proposed Changes in
FERC Gas Tariff

August 29, 2006.
    Take notice that on August 24, 2006, Texas Eastern Transmission, LP
(Texas Eastern) tendered for filing as part of its FERC Gas Tariff,
Seventh Revised Volume No. 1, the tariff sheets listed in Appendix A of
the filing to be effective September 24, 2006.
    Texas Eastern states that copies of its filing have been mailed to
all affected customers and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas.
Secretary.
 [FR Doc. E6-15144 Filed 9-12-06; 8:45 am]

BILLING CODE 6717-01-P