[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Proposed Rules]
[Pages 12143-12145]
[FR Doc No: 2021-04059]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0459; FRL-10017-93-Region 4]

Air Plan Approval; FL; Prevention of Significant Deterioration
Infrastructure Elements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Florida State Implementation Plan (SIP),
submitted by the Florida Department of Environmental Protection (FDEP),
Division of Air Resources Management, to EPA on August 26, 2020. The
Clean Air Act (CAA or Act) requires that each state adopt and submit a
SIP for the implementation, maintenance, and enforcement of each
national ambient air quality standard (NAAQS) promulgated by EPA,
commonly referred to as an ``infrastructure SIP.'' This submission
addresses certain greenhouse gas (GHG) Prevention of Significant
Deterioration (PSD) permitting requirements for the 2008 and 1997 8-
hour ozone and the 1997 annual and 2006 24-hour fine particulate matter
(PM2.5) NAAQS. Additionally, EPA is proposing to convert the
previous disapprovals of Florida's infrastructure SIPs related to the
CAA GHG PSD permitting requirements for the above NAAQS to full
approvals.

DATES: Comments must be received on or before April 1, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0459 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Pearlene Williams, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9144. Ms. Williams can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to section 110(a)(1) of the CAA, states are required to
submit SIP revisions meeting the applicable requirements of section
110(a)(2) within three years after promulgation of a new or revised
NAAQS or within such shorter period as EPA may prescribe. Section
110(a)(2) requires states to address basic SIP elements such as
requirements for monitoring, basic program requirements, and legal
authority that are designed to assure attainment and maintenance of the
NAAQS. States were previously required to submit such SIPs for the 2008
and 1997 8-hour ozone and the 1997 annual and 2006 24-hour
PM2.5 NAAQS to EPA within three years of promulgation of the
respective NAAQS. This action only pertains to sections 110(a)(2)(C),
(D)(i)(II), and (J) as they

relate to GHG under a SIP-approved PSD permitting program.\1\
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    \1\ See section II for a description of these CAA infrastructure
SIP elements.
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    On July 30, 2012 (77 FR 44485), EPA disapproved portions of
Florida's 1997 8-hour ozone infrastructure SIP submission related to
GHG PSD permitting requirements under section 110(a)(2)(C) and section
110(a)(2)(J). The disapproval action was a result of Florida not
submitting a SIP revision to adopt the appropriate emission thresholds
for determining which new stationary sources and modification projects
become subject to PSD permitting requirements for their GHG emissions
as promulgated in the GHG Tailoring Rule. See 75 FR 31514 (June 3,
2010).
    On April 3, 2013 (78 FR 19998), EPA disapproved the portion of
Florida's infrastructure SIP submission for both the 1997 annual and
2006 24-hour PM2.5 NAAQS related to GHG PSD permitting
requirements under the section 110(a)(2)(D)(i)(II) provision that
prohibits emissions activity in one state from interfering with
measures required to prevent significant deterioration of air quality
in another state. The Florida SIP for these two standards did not
provide adequate legal authority to address the GHG PSD permitting
requirements at or above the levels of emissions set forth in the June
3, 2010, GHG Tailoring Rule.
    On November 1, 2013 (78 FR 65559), EPA disapproved portions of
Florida's 2008 8-hour ozone infrastructure SIP submission related to
GHG PSD permitting requirements under section 110(a)(2)(C), the section
110(a)(2)(D)(i)(II) provision that prohibits emissions activity in one
state from interfering with measures required to prevent significant
deterioration of air quality in another state, and section
110(a)(2)(J). The disapproval was a result of Florida not submitting a
SIP revision to adopt the appropriate emission thresholds for
determining which new stationary sources and modification projects
become subject to PSD permitting requirements for their GHG emissions
as promulgated in the June 3, 2010, GHG Tailoring Rule.
    In summary, for the 2008 and 1997 8-hour ozone and the 1997 annual
and 2006 24-hour PM2.5 NAAQS, Florida's SIP did not address
or provide adequate legal authority for the implementation of a GHG PSD
program in Florida.
    On May 19, 2014 (79 FR 28607), EPA approved Florida's December 19,
2013, SIP revision that amended the State's definition of ``PSD
pollutant'' to provide Florida with the authority to regulate GHG under
its PSD program to establish PSD applicability thresholds for GHG
emissions at the same emissions thresholds and in the same timeframes
as those specified by EPA in the June 3, 2010, GHG Tailoring Rule.
Based on this May 19, 2014 approval, the Florida SIP addressed the GHG
requirements for PSD as specified in the June 3, 2010, GHG Tailoring
Rule.

II. Analysis of Florida's Submission

A. Section 110(a)(2)(C) Programs for Enforcement of Control Measures
and for Construction or Modification of Stationary Sources

    This element consists of three sub-elements: Enforcement, state-
wide regulation of new and modified minor sources and minor
modifications of major sources, and preconstruction permitting of new
major sources and major modifications in areas designated attainment or
unclassifiable for the subject NAAQS as required by CAA title I part C
(i.e., the major source PSD program).
    This proposed action pertains to the PSD permitting for new major
sources and major modifications for the 2008 and 1997 8-hour ozone
NAAQS. EPA interprets the PSD sub-element to require that a state's
infrastructure SIP submission for a particular NAAQS demonstrate that
the state has a complete PSD permitting program in place covering the
current PSD requirements for all regulated NSR pollutants. A state's
PSD permitting program is complete for this sub-element (and (D)(i)(II)
and (J) related to PSD) if EPA has already approved or is
simultaneously approving the state's implementation plan with respect
to all PSD requirements that are due under the EPA regulations or the
CAA.
    FDEP's August 26, 2020, submission cited a number of SIP provisions
to address the major source PSD program. Florida's authority to
regulate new and modified sources to assist in the protection of air
quality in attainment or unclassifiable areas is established in Chapter
62-210 and Chapter 62-212 of the Florida SIP. Under Florida's SIP, new
major sources and major modifications in areas of the State designated
attainment or unclassifiable for a NAAQS are subject to a federally-
approved PSD permitting program meeting all the current structural
requirements of part C of title I of the CAA to satisfy the
infrastructure SIP PSD elements. With EPA's May 19, 2014 approval of
Florida's SIP revision to address GHG under its PSD program in
accordance with the GHG Tailoring Rule, Florida's SIP satisfied current
CAA requirements for PSD. Therefore, EPA has made the preliminary
determination that Florida's SIP and practices are adequate for PSD
permitting related to GHGs for major sources and major modifications as
required by section 110(a)(2)(C) for the 2008 and 1997 8-hour ozone
NAAQS.

B. Section 110(a)(2)(D)(i)(I) and (II) Interstate Pollution Transport

    Section 110(a)(2)(D)(i) has two components: 110(a)(2)(D)(i)(I) and
110(a)(2)(D)(i)(II). Each of these components has two subparts
resulting in four distinct components, commonly referred to as
``prongs,'' that must be addressed in infrastructure SIP submissions.
The first two prongs, which are codified in section 110(a)(2)(D)(i)(I),
are provisions that prohibit any source or other type of emissions
activity in one state from contributing significantly to nonattainment
of the NAAQS in another state (``prong 1'') and interfering with
maintenance of the NAAQS in another state (``prong 2''). The third and
fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are
provisions that prohibit emissions activity in one state from
interfering with measures required to prevent significant deterioration
of air quality in another state (``prong 3''), or to protect visibility
in another state (``prong 4'').
    This proposed action pertains to 110(a)(2)(D)(i)(II)--prong 3 for
the 2008 8-hour ozone and the 1997 annual and 2006 24-hour
PM2.5 NAAQS. This requirement may be met by a state's
confirmation in an infrastructure SIP submission that new major sources
and major modifications in the state are subject to a PSD program
meeting current structural requirements of part C of title I of the
CAA, or if the state contains nonattainment areas that have the
potential to impact PSD in another state, a nonattainment new source
review (NNSR) program.\2\ A state's PSD permitting program satisfies
prong 3 if EPA has already approved or is simultaneously approving the
state's implementation plan with respect to all PSD requirements that
are due under EPA regulations or the CAA on or before the date of EPA's
proposed action on the infrastructure SIP submission.
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    \2\ Florida's NNSR program is not relevant to this proposed
action as it is limited to the regulation of GHGs under the State's
PSD program.
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    As explained in the discussion of section 110(a)(2)(C), Florida's
SIP contains provisions for the State's PSD program that reflect the
required structural PSD requirements to satisfy prong 3 of section
110(a)(2)(D)(i)(II). Florida addresses prong 3 for PSD

through Chapters 62-204, 62-210, and 62-212. EPA has made the
preliminary determination that Florida's SIP and practices are adequate
for interstate transport for PSD permitting of major sources and major
modifications related to GHGs for the 2008 8-hour ozone and the 1997
annual and 2006 24- hour PM2.5 NAAQS for section
110(a)(2)(D)(i)(II) (prong 3).

C. 110(a)(2)(J) Consultation With Government Officials, Public
Notification, and PSD and Visibility Protection

    This element consists of four sub-elements: Consultation
requirements of section 121, the public notification requirements of
section 127, PSD, and visibility protection. This action pertains to
the PSD element of section 110(a)(2)(J) for GHGs for the 2008 and 1997
8-hour ozone NAAQS.
    With regard to the PSD element of section 110(a)(2)(J), this
requirement is met when a state demonstrates in an infrastructure SIP
submission that its PSD program meets all the current requirements of
part C of title I of the CAA. As explained in the discussion of section
110(a)(2)(C), Florida's SIP contains provisions in Chapters 62-210 and
62-212 for the State's PSD program that reflect the relevant SIP
revisions to satisfy the requirement of the PSD element of section
110(a)(2)(J). EPA has made the preliminary determination that Florida's
SIP is adequate for PSD permitting of major sources and major
modifications related to GHGs for the 2008 and 1997 8-hour ozone NAAQS
for section 110(a)(2)(J).

III. Proposed Action

    EPA is proposing to approve revisions to the Florida SIP, submitted
on August 26, 2020, related to sections 110(a)(2)(C), (D)(i) (prong 3),
and (J) as they relate to new major sources and major modifications in
areas of the State designated attainment or unclassifiable. EPA has
made the preliminary determination that Florida's SIP and practices are
adequate for GHG PSD permitting of major sources and major
modifications related to the 2008 8-hour ozone NAAQS for sections
110(a)(2)(C), (D)(i) (prong 3), and (J); the 1997 8-hour ozone NAAQS
for sections 110(a)(2)(C) and (J); and the 1997 annual and 2006 24-hour
PM2.5 NAAQS for section 110(a)(2)(D)(i)(ii) prong 3.
Consequently, EPA is proposing to convert the previous disapprovals of
Florida's infrastructure SIPs related to the CAA GHG PSD permitting
requirements for the 2008 and 1997 8-hour ozone and the 1997 annual and
2006 24-hour PM2.5 NAAQS to full approvals.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Particulate matter, Reporting and recordkeeping
requirements and Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 23, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-04059 Filed 3-1-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Page 74179]
[FR Doc No: 2015-30085]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76496; File No. SR-OCC-2015-016]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Designation of Longer Period for Commission Action on
Proposed Rule Change To Modify The Options Clearing Corporation's
Margin Methodology by Incorporating Variations in Implied Volatility

November 20, 2015.
    On October 5, 2015, The Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-OCC-2015-016 pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Exchange Act'') \1\ and Rule
19b-4 thereunder.\2\ The proposed rule change was published for comment
in the Federal Register on October 19, 2015.\3\ The Commission did not
receive any comments on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4. OCC also filed this proposal as an advance
notice pursuant to Section 802(e)(1) of the Payment, Clearing, and
Settlement Supervision Act of 2010 and Rule 19b-4(n)(1) under the
Exchange Act. 15 U.S.C. 5465(e)(1) and 17 CFR 240.19b-4(n)(1). See
Securities Exchange Act Release No. 76421 (November 10, 2015), 80 FR
71900 (November 17, 2015) (SR-OCC-2015-804). To date, the Commission
has not received any comments on the advance notice.
    \3\ Securities Exchange Act Release No. 76128 (October 13,
2015), 80 FR 63264 (October 19, 2015) (SR-OCC-2015-016).
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    Section 19(b)(2) of the Exchange Act \4\ provides that within 45
days of the publication of notice of the filing of a proposed rule
change, or within such longer period up to 90 days as the Commission
may designate if it finds such longer period to be appropriate and
publishes its reasons for so finding or as to which the self-regulatory
organization consents, the Commission shall either approve the proposed
rule change, disapprove the proposed rule change, or institute
proceedings to determine whether the proposed rule change should be
disapproved. The 45th day from the publication of notice of filing of
this proposed rule change is December 3, 2015.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period within which to take action on
the proposed rule change so that it has sufficient time to consider and
take action on OCC's proposed rule change.
    Accordingly, pursuant to Section 19(b)(2)(A)(ii)(I) of the Exchange
Act,\5\ the Commission designates January 17, 2016, as the date by
which the Commission should either approve or disapprove, or institute
proceedings to determine whether to disapprove, the proposed rule
change (File No. SR-OCC-2015-016).
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    \5\ 15 U.S.C. 19(b)(2)(A)(ii)(I).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-30085 Filed 11-25-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Notices]
[Pages 10824-10825]
[FR Doc No: 2019-05512]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003-0026; FRL-FRL-9989-52-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; National Water Quality Inventory Reports
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), National Water Quality Inventory
Reports (EPA ICR Number 1560.12, OMB Control Number 2040-0071) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through March 31,
2019. Public comments were previously requested via the Federal
Register on August 30, 2018 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before April 22,
2019.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2003-0026, to (1) EPA online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Cynthia N. Johnson, Watershed
Restoration, Assessment and Protection Division (WRAPD), Office of
Water, Mail Code: 4503T, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-566-
1679; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The Clean Water Act Section 305(b) reports contain
information on whether waters assessed by a state meet the state's
water quality standards, and when waters are impaired, the pollutants
and potential sources affecting water quality. This information helps
States and the public track progress in addressing water pollution.
Section 303(d) of the Clean Water Act requires States to identify and
rank waters that cannot meet water quality standards (WQS) following
the implementation of technology-based controls. Under Section 303(d),
States are also required to establish total maximum daily loads (TMDLs)
for listed waters not meeting standards because of pollutant
discharges. In developing the Section 303(d) lists, States are required
to consider various sources of water quality related data and
information, including the Section 305(b) State water quality reports.
Section 106(e) requires that states annually update monitoring data and
use it in their Section 305(b) report. Section 314(a) requires states
to report on the condition of their publicly owned lakes within the
Section 305(b) report.
    During the period covered by this ICR renewal, respondents will:
Complete their 2020 Section 305(b) reports and 2020 Section 303(d)
lists; complete their 2022 Section 305(b) reports and 2022 Section
303(d) lists; transmit annual electronic updates of ambient monitoring
data via the Water Quality Exchange; and continue to develop TMDLs
according to their established schedules. EPA will prepare biennial
updates on assessed and impaired waters for Congress and the public for
the 2020 reporting cycle and for the 2022 cycle, and EPA will review
303(d) list and TMDL submissions from respondents.
    Form numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are States, Territories and Tribes with Clean Water Act
(CWA) responsibilities.
    Respondent's obligation to respond: Mandatory: Integrated Water
Quality Inventory Reports (Clean Water Act Sections 305(b), 303(d),
314(a), and 106(e)).
    Estimated number of respondents: 59 (total).
    Frequency of response: Biennial.
    Total estimated burden: 3,718,130 (per year) hours. Burden is
defined at 5 CFR 1320.03(b).
    Total estimated cost: $211,716,534 (per year), includes $0
annualized capital or operation & maintenance costs.
    Changes in estimates: There is an estimated decrease of 21,887 of
total burden hours per year. EPA has completed phase 1 of the Water
Quality Framework, which is a new way of integrating EPA's data and
information systems to more effectively support reporting and tracking
water quality protection and restoration actions. Phase 1 streamlined
water quality assessment and reporting by reducing transactions
associated with paper copy reviews and increasing electronic data
exchange. The system to support this

new electronic reporting was released to support the 2018 reporting
cycle in April of 2018. EPA estimates a reduction of 10-50% on specific
agency and respondent activities aimed to be improved from this new
reporting system, and these reductions are explained within the
supporting statement.

Courtney Kerwin,
Director of Regulatory Support Division.
[FR Doc. 2019-05512 Filed 3-21-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89689-89690]
[FR Doc No: 2023-28641]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2017-0300; FRL-11639-01-OMS]

Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Comment
Request; Lead and Copper Rule Revisions (LCRR) (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) has submitted
an information collection request (ICR), Lead and Copper Rule Revisions
(LCRR)'' (EPA ICR Number 2606.03, OMB Control Number 2040-0297) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the LCRR ICR, which is currently approved through December
31, 2023. Public comments were previously requested via the Federal
Register on July 24, 2023, during a 60-day comment period. This notice
allows for an additional 30 days for public comments.

DATES: Additional comments may be submitted on or before January 29,
2024.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OW-2017-0300, to EPA online using www.regulations.gov (our preferred
method) or by mail to: EPA Docket Center, Environmental Protection
Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC
20460. EPA's policy is that all comments received will be included in
the public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Amina Grant, Office of Water, Mail
Code 4607M, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: This is a proposed extension of the LCRR
ICR, which is currently approved through December 31, 2023. An agency
may not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
    Public comments were previously requested via the Federal Register
on July 24, 2023, during a 60-day comment period (88 FR 47496). This
notice allows for an additional 30 days for public comments. Supporting
documents, which explain in detail the information that EPA will be
collecting, are available in the public docket for this ICR. The docket
can be viewed online at www.regulations.gov or in person at the EPA
Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The telephone number for the Docket Center is 202-566-
1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    Abstract: This ICR renewal characterizes the incremental impacts of
the LCRR regarding burden and costs for the three-year period of
January 1, 2024, through December 31, 2026. In addition to renewing the
LCRR ICR, this request includes information on potential burden that
may result if respondents follow recommendations included in EPA's SL
Inventory Guidance when seeking to comply with LCRR inventory
requirements over the same three-year period.
    EPA intends to revise the LCRR prior to its compliance date. The
proposed Lead and Copper Rule Improvements (LCRI) was published on
December 6, 2023 (88 FR 84878), and EPA intends to promulgate the final
LCRI by October 16, 2024, revising many rule areas of the LCRR.
Additional information on the potential burden established in the
proposal preamble may result from respondents following EPA's
recommendations in the ``Guidance for Developing and Maintaining a
Service Line Inventory'' (August 2022, EPA 816-B-22-001) (referred to
as SL Inventory Guidance) when seeking to comply with the requirements
of the LCRR. If the LCRI is promulgated as planned, there would be no
need for water systems to implement the LCRR except for the initial
inventory requirements, public education requirements for consumers
served by a lead, galvanized requiring replacement, or unknown service
line, and the 24-hour public notice requirement. Similarly, states are
not expected to apply for or obtain primacy for the LCRR. Currently,
most states have sought, or intend to seek, an extension until December
18, 2025, to obtain primacy for the LCRR. If the LCRI is promulgated as
planned in 2024, that primacy deadline would no longer be applicable.
For the purposes of this ICR, however, this notice includes the
estimated burden and costs associated with this ICR renewal for the
LCRR as well as describes what would happen without promulgation of the
LCRI. It is provided for the reader to understand the information that
would be collected if the LCRI is not promulgated. When EPA promulgates
the LCRI, the Agency intends to issue a new ICR that would describe and
assess the revised burden and costs to reflect the changed regulatory
requirements of the LCRI.
    Form Numbers: None.
    Respondents/affected entities: Respondents include owners/operators
of PWSs and primacy agencies (and the EPA Regions with primary agency
responsibility).
    Respondent's obligation to respond: Both mandatory (LCRR
requirements) and voluntary (SL Inventory Guidance) components.
    Estimated number of respondents: The number of respondents is
67,712.
    Frequency of response: Once and annually, varies by activity.
    Total estimated burden: 9,660,286 hours (per year). Burden is
defined at 5 CFR 1320.03(b).
    Total estimated cost: $641,162,423(per year), which includes
$225,456,799 annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is an increase of 8,530,946 hours
in the total estimated respondent burden compared with the ICR
currently approved by OMB. This increase is primarily due to the
differing ICR burden estimation windows. The previous ICR covered the
first three years after the promulgation of the LCRR when PWSs and
primacy agencies could have been engaged in the regulatory startup/
implementation activities identified in the currently approved ICR.
This ICR renewal covers these same activities from the current ICR for
only the first year of the renewal period (2024). In the next two years
covered by the ICR renewal (2025 and 2026), if the LCRI is not
promulgated as planned in 2024, both systems and primacy agencies would
work to

implement several ongoing, additional LCRR requirements.

Courtney Kerwin,
Director, Information Engagement Division.
[FR Doc. 2023-28641 Filed 12-27-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 26, 2008 (Volume 73, Number 38)]
[Notices]
[Page 10237-10238]
[DOCID:fr26fe08-41]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1490-046]

Brazos River Authority; Notice of Amendment of License and
Soliciting Comments, Motions To Intervene, and Protests

February 5, 2008.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Approval of Contract for Use of Project
Facilities and for the Sale of Project Power for a Period Extending
Beyond the Term of License.
    b. Project No: 1490-046.
    c. Date Filed: December 6, 2007, supplemented January 22, 2008.
    d. Applicant: Brazos River Authority (the Authority).
    e. Name of Project: Morris Sheppard Dam Project.
    f. Location: The project is located on the Brazos River, in Palo,
Pinto, Young, and Stephans Counties, Texas.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 815 (2000).
    h. Applicant Contact: John A. Whittaker, IV, Winston & Strawn, LLP,
1700 K Street, NW., Washington, DC 20006-3817,<PHONE_NUMBER>.
    i. FERC Contact: Hillary Berlin at<PHONE_NUMBER>, or e-mail
<EMAIL_ADDRESS>    j. Deadline for filing comments and or motions: February 26, 2008.
    All documents (original and eight copies) should be filed with:
Office of the Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington DC 20426. Comments, protests and
interventions may be filed electronically via the Internet in lieu of
paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site at http://www.ferc.gov under the ``e-Filing''
link. Please include the project number (P-1490-046) on any comments or
motions filed.
    k. Description of Application: The Authority filed a request for
approval of a Facility Use Agreement (the Agreement) between the
Authority and the Brazos Electric Power Cooperative, Inc. (the
Cooperative). The Authority seeks approval of the Agreement under the
requirements of standard Article 5 of the Authority's license issued
September 14, 1989 (48 FERC ] 62,190) and section 22 of the Federal
Power Act (FPA), 16 U.S.C. 815 (2000), as a contract for the sale of
project power extending beyond the term of the project license. The
license expires on August 31, 2019.
    Under license Article 5, the Authority is required to obtain and
retain title in fee in, or the right to use in perpetuity, project
property necessary to fulfill project purposes, and the disposal of
project property rights once acquired is subject to Commission
approval. Section 22 of the FPA provides that contracts for the sale
and delivery of power for periods extending beyond the termination date
of a license may be entered into upon the joint approval of the
Commission and the appropriate state public service Commission or other
similar authority in the state in which the sale or delivery of power
is made.
    Under the Agreement, the Cooperative would be given the right and
the responsibility, at its own cost, to operate, maintain, and repair
the project's hydroelectric generating facilities and to use the
project's power, subject to certain restrictions and rights reserved to
the Authority. In exchange, the Cooperative would make annual payments
to the Authority and would reimburse the Authority for costs incurred
by the Authority: (1) Related to compliance and administration of the
project's license and compliance with other regulatory requirements
with respect to the project's generating facilities; and (2) associated
with the Authority obtaining a new license for the project, to the
extent related to the project's generating facilities. The Authority
would retain ownership of all project facilities throughout the 30-year
term of the Agreement, which is subject to a 10-year extension at the
option of the Cooperative. The Agreement would supersede and replace
the current contractual arrangements between the Authority and the
Cooperative, which pertain to project operation and maintenance and the
sale of project power.
    l. Location of Application: A copy of the application is available
for inspection and reproduction at the Commission's Public Reference
Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426,
or by calling<PHONE_NUMBER>. This filing may also be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file

comments on the described application. A copy of the application may be
obtained by agencies directly from the Applicant. If an agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments. One copy of an agency's comments must
also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-3549 Filed 2-25-08; 8:45 am]

BILLING CODE 6717-01-P


The Motor Vehicle Manufacturing Industry Applying Aluminum Parts --

Leachable Fluoride Data

Fluoride (leach)	all units on this sheet are mg/L

	GM Lansing	LAN-S01-01	0.83

LAN-S01-02	0.898

LAN-S01-03	0.77

LAN-S02-01	0.357

LAN-S02-02	0.473

LAN-S02-03	0.45

3880.01	6.8	calculated

	3880.05	6.75	calculated

	3880.02	10.5	calculated

 	3880.03	6.55	calculated

	3880.04	10.2	calculated

	10738.01	22.5	calculated

	10904.01	33	calculated

	11180.01	27.5	calculated

	11327.01	31	calculated

	S14816.01	25	calculated

GMOklahomaCity	OKL-S01-01	1.59

OKL-S01-02	1.62

OKL-S01-03	0.676

OKL-S01-04	1.01

OKL-S01-05	0.779

OKL-S02-01	1.19

OKL-S02-02	1.33

OKL-S02-03	1.36

OKL-S02-04	1.31

OKL-S02-05	1.36

	GMLordstown	LOR-S01-01	1.28

LOR-S01-02	1.3

LOR-S01-03	0.0688

LOR-S01-04	1.75

LOR-S01-05	0.0616

LOR-S02-01	1.72

LOR-S02-02	1.69

	Using all data

n 	33

df	32

MAXIMUM	33

MEAN	6.171921212

Std. Dev.	9.779013481

	90th Percentile	24.5

50th Percentile	1.36

	Data not using calculated values

1.75

	1.72

	1.69

	1.62

	1.59

	1.36

	1.36

	1.33

	1.31

	1.3

	1.28

	1.19

	1.01

	0.898

	0.83

	0.779

	0.77

	0.676

	0.473

	0.45

	0.357

	0.0688

	0.0616

	n 	23

df	22

MAXIMUM	1.75

MEAN	1.037973913

MEDIAN	1.19

Std. Dev.	0.51841369

	90th Percentile	1.676

50th Percentile	1.19


[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Notices]
[Pages 43279-43284]
[FR Doc No: 2020-15308]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89289; File No. SR-MIAX-2020-22]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Its Fee Schedule

July 10, 2020.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on June 30, 2020, Miami International Securities
Exchange LLC (``MIAX Options'' 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.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to amend the MIAX Options Fee
Schedule (the ``Fee Schedule'') to extend the waiver period for certain
non-transaction fees applicable to Market Makers \3\ that trade solely
in Proprietary Products \4\ until September 30, 2020.
---------------------------------------------------------------------------

    \3\ The term ``Market Makers'' refers to ``Lead Market Makers'',
``Primary Lead Market Makers'' and ``Registered Market Makers''
collectively. See Exchange Rule 100.
    \4\ The term ``Proprietary Product'' means a class of options
that is listed exclusively on the Exchange. See Exchange Rule 100.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings, at MIAX'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
Background
    On October 12, 2018, the Exchange received approval from the
Commission to list and trade on the Exchange, options on the
SPIKES[supreg] Index, a new index that measures expected 30-day
volatility of the SPDR S&P 500 ETF Trust (commonly known and referred
to by its ticker symbol, ``SPY'').\5\ The Exchange adopted its initial
SPIKES transaction fees on February 15, 2019.\6\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 84417 (October 12,
2018), 83 FR 52865 (October 18, 2018) (SR-MIAX-2018-14) (Order
Granting Approval of a Proposed Rule Change by Miami International
Securities Exchange, LLC to List and Trade on the Exchange Options
on the SPIKES[supreg] Index).
    \6\ See Securities Exchange Release No. 85283 (March 11, 2019),
84 FR 9567 (March 15, 2019) (SR-MIAX-2019-11). The Exchange
initially filed the proposal on February 15, 2019 (SR-MIAX-2019-04).
That filing was withdrawn and replaced with SR-MIAX-2019-11.
---------------------------------------------------------------------------

    On May 31, 2019, the Exchange filed a proposal with the Commission
to amend the Fee Schedule to waive certain non-transaction fees
applicable to Market Makers that trade solely in Proprietary Products
(including options on the SPIKES Index) until September 30, 2019.\7\ In
particular, the Exchange adopted waivers for Membership Application
fees, monthly Market Maker Trading Permit fees, Application Programming
Interface (``API'') Testing and Certification fees for Members, and
monthly MEI Port fees assessed to Market Makers that trade solely in
Proprietary Products (including options on SPIKES) until September 30,
2019.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 86109 (June 14,
2019), 84 FR 28860 (June 20, 2019) (SR-MIAX-2019-28).
---------------------------------------------------------------------------

    On October 1, 2019, the Exchange filed a proposal with the
Commission to extend the waiver period for the same non-transaction
fees applicable to Market Makers that trade solely in Proprietary
Products (including options on SPIKES) until December 31, 2019.\8\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 87282 (October 10,
2019), 84 FR 55658 (October 17, 2019) (SR-MIAX-2019-43).
---------------------------------------------------------------------------

    On December 30, 2019, the Exchange filed a proposal with the
Commission to extend the waiver period for the same non-transaction
fees applicable to Market Makers that trade solely in Proprietary
Products (including options on SPIKES) until June 30, 2020.\9\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 87897 (January 6,
2020), 85 FR 1346 (January 10, 2020) (SR-MIAX-2019-53).
---------------------------------------------------------------------------

Proposal
    The Exchange now proposes to extend the waiver period for the same
non-transaction fees applicable to Market Makers that trade solely in
Proprietary Products (including options on SPIKES) until September 30,
2020. In particular, the Exchange proposes to waive Membership
Application fees, monthly Market Maker Trading Permit fees, Member API
Testing and Certification fees, and monthly MEI Port fees assessed to
Market Makers that trade solely in Proprietary Products (including
options on SPIKES) until September 30, 2020.
Membership Application Fees
    The Exchange currently assesses Membership fees for applications of
potential Members. The Exchange assesses a one-time Membership
Application fee on the earlier of (i) the date the applicant is
certified in the membership system, or (ii) once an application for
MIAX membership is finally denied. The one-time application fee is
based upon the applicant's status as either a Market Maker or an
Electronic Exchange Member (``EEM'').\10\ A Market Maker is assessed a
one-time Membership Application fee of $3,000.00.
---------------------------------------------------------------------------

    \10\ The term ``Electronic Exchange Member'' or ``EEM'' means
the holder of a Trading Permit who is not a Market Maker. Electronic
Exchange Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
---------------------------------------------------------------------------

    The Exchange proposes that the waiver for the one-time Membership
Application fee of $3,000.00 for Market Makers that trade solely in
Proprietary Products (including options on SPIKES) will be extended
from June 30, 2020 until September 30, 2020, which the Exchange
proposes to state in the Fee Schedule. The purpose of this proposed
change is to continue to provide an incentive for potential Market
Makers to submit membership applications, which should result in
increasing potential liquidity in Proprietary Products, including
options on SPIKES. Even though the Exchange is proposing to extend the
waiver of this particular fee for Market Makers who will trade solely
in Proprietary Products from June 30, 2020 until September 30, 2020,
the overall structure of the fee is outlined in the Fee Schedule so
that there is general awareness that the Exchange intends to assess
such a fee after September 30, 2020.
Trading Permit Fees
    The Exchange issues Trading Permits that confer the ability to
transact on the Exchange. MIAX Trading Permits are issued to Market
Makers and EEMs. Members receiving Trading Permits during a particular
calendar month are assessed monthly Trading Permit fees as set forth in
the Fee Schedule. As it relates to Market Makers, MIAX currently
assesses a monthly Trading Permit fee in any month the Market Maker is
certified in the membership system, is credentialed to use one or more
MIAX Express Interface Ports (``MEI Ports'') \11\ in the production
environment and is assigned to quote in one or more classes. MIAX
assesses its Market Makers the monthly Market Maker Trading Permit fee
based on the greatest number of classes listed on MIAX that the MIAX
Market Maker was assigned to quote in on any given day within a
calendar month and the applicable fee rate is the lesser of either

the per class basis or percentage of total national average daily
volume measurements. A MIAX Market Maker is assessed a monthly Trading
Permit Fee according to the following table:
---------------------------------------------------------------------------

    \11\ Full Service MEI Ports provide Market Makers with the
ability to send Market Maker simple and complex quotes, eQuotes, and
quote purge messages to the MIAX System. Full Service MEI Ports are
also capable of receiving administrative information. Market Makers
are limited to two Full Service MEI Ports per matching engine. See
Fee Schedule, note 27.

----------------------------------------------------------------------------------------------------------------
                                                          Market Maker assignments (the lesser of the applicable
                                           Monthly MIAX                 measurements below) [Omega]
         Type of Trading Permit           Trading Permit -------------------------------------------------------
                                                fee                                      % of national average
                                                                   Per class                 daily volume
----------------------------------------------------------------------------------------------------------------
Market Maker (includes RMM, LMM, PLMM)..       $7,000.00  Up to 10 Classes..........  Up to 20% of Classes by
                                               12,000.00  Up to 40 Classes..........   volume.
                                                                                Up to 35% of Classes by
                                                                                volume.
                                             * 17,000.00  Up to 100 Classes.........  Up to 50% of Classes by
                                                                                volume.
                                             * 22,000.00  Over 100 Classes..........  Over 50% of Classes by
                                                                                volume up to all Classes
                                                                                listed on MIAX.
----------------------------------------------------------------------------------------------------------------
[Omega] Excludes Proprietary Products.
* For these Monthly MIAX Trading Permit Fee levels, if the Market Maker's total monthly executed volume during
  the relevant month is less than 0.060% of the total monthly executed volume reported by OCC in the market
  maker account type for MIAX-listed option classes for that month, then the fee will be $15,500 instead of the
  fee otherwise applicable to such level.

    MIAX proposes that the waiver for the monthly Trading Permit fee
for Market Makers that trade solely in Proprietary Products (including
options on SPIKES) will be extended from June 30, 2020 to September 30,
2020, which the Exchange proposes to state in the Fee Schedule. The
purpose of this proposed change is to continue to provide an incentive
for Market Makers to provide liquidity in Proprietary Products on the
Exchange, which should result in increasing potential order flow and
volume in Proprietary Products, including options on SPIKES. Even
though the Exchange is proposing to extend the waiver of this
particular fee for Market Makers trading solely in Proprietary Products
from June 30, 2020 until September 30, 2020, the overall structure of
the fee is outlined in the Fee Schedule so that there is general
awareness by potential Members seeking a Trading Permit on the Exchange
that the Exchange intends to assess such a fee after September 30,
2020.
    The Exchange also proposes that Market Makers who trade Proprietary
Products (including options on SPIKES) along with multi-listed classes
will continue to not have Proprietary Products (including SPIKES)
counted toward those Market Makers' class assignment count or
percentage of total national average daily volume. This exclusion is
noted with the symbol ``[Omega]'' following the table that shows the
monthly Trading Permit Fees currently assessed for Market Makers in
Section 3)b) of the Fee Schedule.
API Testing and Certification Fee
    The Exchange assesses an API Testing and Certification fee to all
Members depending upon the type of Member. An API makes it possible for
Members' software to communicate with MIAX software applications, and
is subject to Members testing with, and certification by, MIAX. The
Exchange offers four types of interfaces: (i) The Financial Information
Exchange Port (``FIX Port''),\12\ which enables the FIX Port user
(typically an EEM or a Market Maker) to submit simple and complex
orders electronically to MIAX; (ii) the MEI Port, which enables Market
Makers to submit simple and complex electronic quotes to MIAX; (iii)
the Clearing Trade Drop Port (``CTD Port''),\13\ which provides real-
time trade clearing information to the participants to a trade on MIAX
and to the participants' respective clearing firms; and (iv) the FIX
Drop Copy Port (``FXD Port''),\14\ which provides a copy of real-time
trade execution, correction and cancellation information through a FIX
Port to any number of FIX Ports designated by an EEM to receive such
messages.
---------------------------------------------------------------------------

    \12\ A FIX Port is an interface with MIAX systems that enables
the Port user (typically an Electronic Exchange Member or a Market
Maker) to submit simple and complex orders electronically to MIAX.
See Fee Schedule, note 24.
    \13\ Clearing Trade Drop (``CTD'') provides Exchange members
with real-time clearing trade updates. The updates include the
Member's clearing trade messages on a low latency, real-time basis.
The trade messages are routed to a Member's connection containing
certain information. The information includes, among other things,
the following: (i) Trade date and time; (ii) symbol information;
(iii) trade price/size information; (iv) Member type (for example,
and without limitation, Market Maker, Electronic Exchange Member,
Broker-Dealer); (v) Exchange Member Participant Identifier
(``MPID'') for each side of the transaction, including Clearing
Member MPID; and (vi) strategy specific information for complex
transactions. CTD Port Fees will be assessed in any month the Member
is credentialed to use the CTD Port in the production environment.
See Fee Schedule, Section 5)d)iii.
    \14\ The FIX Drop Copy Port (``FXD'') is a messaging interface
that will provide a copy of real-time trade execution, trade
correction and trade cancellation information for simple and complex
orders to FIX Drop Copy Port users who subscribe to the service. FIX
Drop Copy Port users are those users who are designated by an EEM to
receive the information and the information is restricted for use by
the EEM only. FXD Port Fees will be assessed in any month the Member
is credentialed to use the FXD Port in the production environment.
See Fee Schedule, Section 5)d)iv.
---------------------------------------------------------------------------

    API Testing and Certification fees for Market Makers are assessed
(i) initially per API for CTD and MEI in the month the Market Maker has
been credentialed to use one or more ports in the production
environment for the tested API and the Market Maker has been assigned
to quote in one or more classes, and (ii) each time a Market Maker
initiates a change to its system that requires testing and
certification. API Testing and Certification fees will not be assessed
in situations where the Exchange initiates a mandatory change to the
Exchange's system that requires testing and certification. The Exchange
currently assesses a Market Maker an API Testing and Certification fee
of $2,500.00. The API Testing and Certification fees represent costs
incurred by the Exchange as it works with each Member for testing and
certifying that the Member's software systems communicate properly with
MIAX's interfaces.
    MIAX proposes to extend the waiver of the API Testing and
Certification fee for Market Makers that trade solely in Proprietary
Products (including options on SPIKES) from June 30, 2020 until
September 30, 2020, which the Exchange proposes to state in the Fee
Schedule. The purpose of this proposed change is to continue to provide
an incentive for potential Market Makers to develop software
applications to trade in Proprietary Products, including options on
SPIKES. Even though the Exchange is proposing to extend the waiver of
this particular fee for Market Makers who trade solely in Proprietary
Products from June 30, 2020 until September 30, 2020, the overall
structure of the fee is outlined in the Fee Schedule so that there is
general awareness that the Exchange intends to assess such a fee after
September 30, 2020.

MEI Port Fees
    MIAX provides four (4) Port types, including (i) the FIX Port,
which enables the FIX Port user (typically an EEM or a Market Maker) to
submit simple and complex orders electronically to MIAX; (ii) the MEI
Port, which enables Market Makers to submit simple and complex
electronic quotes to MIAX; (iii) the CTD Port, which provides real-time
trade clearing information to the participants to a trade on MIAX and
to the participants' respective clearing firms; and (iv) the FXD Port,
which provides a copy of real-time trade execution, correction and
cancellation information through a FIX Port to any number of FIX Ports
designated by an EEM to receive such messages.
    MIAX assesses monthly MEI Port Fees to Market Makers in each month
the Member has been credentialed to use the MEI Port in the production
environment and has been assigned to quote in at least one class. The
amount of the monthly MEI Port Fee is based upon the number of classes
in which the Market Maker was assigned to quote on any given day within
the calendar month, and upon the class volume percentages set forth in
the above table. The class volume percentage is based on the total
national average daily volume in classes listed on MIAX in the prior
calendar quarter. Newly listed option classes are excluded from the
calculation of the monthly MEI Port Fee until the calendar quarter
following their listing, at which time the newly listed option classes
will be included in both the per class count and the percentage of
total national average daily volume. The Exchange assesses MIAX Market
Makers the monthly MEI Port Fee based on the greatest number of classes
listed on MIAX that the MIAX Market Maker was assigned to quote in on
any given day within a calendar month and the applicable fee rate that
is the lesser of either the per class basis or percentage of total
national average daily volume measurement. MIAX assesses MEI Port Fees
on Market Makers according to the following table:

------------------------------------------------------------------------
                                   Market Maker assignments (the lesser
                                   of the applicable measurements below)
                                                  [Omega]
      Monthly MIAX MEI fees      ---------------------------------------
                                                         % of national
                                       Per class         average daily
                                                            volume
------------------------------------------------------------------------
$5,000.00.......................  Up to 5 Classes...  Up to 10% of
                                                       Classes by
                                                       volume.
$10,000.00......................  Up to 10 Classes..  Up to 20% of
                                                       Classes by
                                                       volume.
$14,000.00......................  Up to 40 Classes..  Up to 35% of
                                                       Classes by
                                                       volume.
$17,500.00 *....................  Up to 100 Classes.  Up to 50% of
                                                       Classes by
                                                       volume.
$20,500.00 *....................  Over 100 Classes..  Over 50% of
                                                       Classes by volume
                                                       up to all Classes
                                                       listed on MIAX.
------------------------------------------------------------------------
[Omega] Excludes Proprietary Products.
* For these Monthly MIAX MEI Fees levels, if the Market Maker's total
  monthly executed volume during the relevant month is less than 0.060%
  of the total monthly executed volume reported by OCC in the market
  maker account type for MIAX-listed option classes for that month, then
  the fee will be $14,500 instead of the fee otherwise applicable to
  such level.

    MIAX proposes to extend the waiver of the monthly MEI Port Fee for
Market Makers that trade solely in Proprietary Products (including
options on SPIKES) from June 30, 2020 until September 30, 2020, which
the Exchange proposes to state in the Fee Schedule. The purpose of this
proposal is to continue to provide an incentive to Market Makers to
connect to MIAX through the MEI Port such that they will be able to
trade in MIAX Proprietary Products. Even though the Exchange is
proposing to extend the waiver of this particular fee for Market Makers
trading solely in Proprietary Products until September 30, 2020, the
overall structure of the fee is outlined in the Fee Schedule so that
there is general awareness that the Exchange intends to assess such a
fee after September 30, 2020.
    The Exchange notes that for the purposes of this proposed change,
other Market Makers who trade MIAX Proprietary Products (including
options on SPIKES) along with multi-listed classes will continue to not
have Proprietary Products (including SPIKES) counted toward those
Market Makers' class assignment count or percentage of total national
average daily volume. This exclusion is noted by the symbol ``[Omega]''
following the table that shows the monthly MEI Port Fees currently
assessed for Market Makers in Section 5)d)ii) of the Fee Schedule.
    The proposed extension of the fee waivers are targeted at market
participants, particularly market makers, who are not currently members
of MIAX, who may be interested in being a Market Maker in Proprietary
Products on the Exchange. The Exchange estimates that there are fewer
than ten (10) such market participants that could benefit from the
extension of these fee waivers. The proposed extension of the fee
waivers does not apply differently to different sizes of market
participants, however the fee waivers do only apply to Market Makers
(and not EEMs).
    Market Makers, unlike other market participants, take on a number
of obligations, including quoting obligations that other market
participants do not have. Further, Market Makers have added market
making and regulatory requirements, which normally do not apply to
other market participants. For example, Market Makers have obligations
to maintain continuous markets, engage in a course of dealings
reasonably calculated to contribute to the maintenance of a fair and
orderly market, and to not make bids or offers or enter into
transactions that are inconsistent with a course of dealing.
Accordingly, the Exchange believes it is reasonable and not unfairly
discriminatory to continue to offer the fee waivers to Market Makers
because the Exchange is seeking additional liquidity providers for
Proprietary Products, in order to enhance liquidity and spreads in
Proprietary Products, which is traditionally provided by Market Makers,
as opposed to EEMs.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \15\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \16\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among its members and issuers and other persons using
its facilities. The Exchange also believes the proposal furthers the
objectives of Section 6(b)(5) of the Act in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and

open market and a national market system, and, in general to protect
investors and the public interest and is not designed to permit unfair
discrimination between customers, issuers, brokers and dealers.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposal to extend the fee waiver
period for certain non-transaction fees for Market Makers in
Proprietary Products is an equitable allocation of reasonable fees
because the proposal continues to waive non-transaction fees for a
limited period of time in order to enable the Exchange to improve its
overall competitiveness and strengthen its market quality for all
market participants in MIAX's Proprietary Products, including options
on SPIKES. The Exchange believe the proposed extension of the fee
waivers is fair and equitable and not unreasonably discriminatory
because it applies to all market participants not currently registered
as Market Makers at the Exchange. Any market participant may choose to
satisfy the additional requirements and obligations of being a Market
Maker and trade solely in Proprietary Products in order to qualify for
the fee waivers.
    The Exchange believes that the proposed extension of the fee
waivers is equitable and not unfairly discriminatory for Market Makers
as compared to EEMs because Market Makers, unlike other market
participants, take on a number of obligations, including quoting
obligations that other market participants do not have. Further, Market
Makers have added market making and regulatory requirements, which
normally do not apply to other market participants. For example, Market
Makers have obligations to maintain continuous markets, engage in a
course of dealings reasonably calculated to contribute to the
maintenance of a fair and orderly market, and to not make bids or
offers or enter into transactions that are inconsistent with a course
of dealing.
    The Exchange believes it is reasonable and equitable to continue to
waive the one-time Membership Application Fee, monthly Trading Permit
Fee, API Testing and Certification Fee, and monthly MEI Port Fee for
Market Makers that trade solely in Proprietary Products (including
options on SPIKES) until September 30, 2020, since the waiver of such
fees provides incentives to interested market participants to trade in
Proprietary Products. This should result in increasing potential order
flow and liquidity in MIAX Proprietary Products, including options on
SPIKES.
    The Exchange believes it is reasonable and equitable to continue to
waive the API Testing and Certification fee assessable to Market Makers
that trade solely in Proprietary Products (including options on SPIKES)
until September 30, 2020, since the waiver of such fees provides
incentives to interested Members to develop and test their APIs sooner.
Determining system operability with the Exchange's system will in turn
provide MIAX with potential order flow and liquidity providers in
Proprietary Products.
    The Exchange believes it is reasonable, equitable and not unfairly
discriminatory that Market Makers who trade in Proprietary Products
along with multi-listed classes will continue to not have Proprietary
Products counted toward those Market Makers' class assignment count or
percentage of total national average daily volume for monthly Trading
Permit Fees and monthly MEI Port Fees in order to incentivize existing
Market Makers who currently trade in multi-listed classes to also trade
in Proprietary Products, without incurring certain additional fees.
    The Exchange believes that the proposed extension of the fee
waivers constitutes an equitable allocation of reasonable fees and
other charges among its members and issuers and other persons using its
facilities. The proposed extension of the fee waivers means that all
prospective market makers that wish to become Market Maker Members of
the Exchange and quote solely in Proprietary Products may do so and
have the above-mentioned fees waived until September 30, 2020. The
proposed extension of the fee waivers will continue to not apply to
potential EEMs because the Exchange is seeking to enhance the quality
of its markets in Proprietary Products through introducing more
competition among Market Makers in Proprietary Products. In order to
increase the competition, the Exchange believes that it must continue
to waive entry type fees for such Market Makers. EEMs do not provide
the benefit of enhanced liquidity which is provided by Market Makers,
therefore the Exchange believes it is reasonable and not unfairly
discriminatory to continue to only offer the proposed fee waivers to
Market Makers (and not EEMs). Further, the Exchange believes it is
reasonable and not unfairly discriminatory to continue to exclude
Proprietary Products from an existing Market Maker's permit fees and
port fees, in order to incentive such Market Makers to quote in
Proprietary Products. The amount of a Market Maker's permit and port
fee is determined by the number of classes quoted and volume of the
Market Maker. By excluding Proprietary Products from such fees, the
Exchange is able to incentivize Market Makers to quote in Proprietary
Products. EEMs do not pay permit and port fees based on the classes
traded or volume, so the Exchange believes it is reasonable, equitable,
and not unfairly discriminatory to only offer the exclusion to Market
Makers (and not EEMs).

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.
Intra-Market Competition
    The Exchange believes that the proposal to extend certain of the
non-transaction fee waivers until September 30, 2020 for Market Makers
in Proprietary Products would increase intra-market competition by
incentivizing new potential Market Makers to quote in Proprietary
Products, which will enhance the quality of quoting and increase the
volume of contracts in Proprietary Products traded on MIAX. To the
extent that this purpose is achieved, all the Exchange's market
participants should benefit from the improved market liquidity for the
Exchange's Proprietary Products. Enhanced market quality and increased
transaction volume in Proprietary Products that results from the
anticipated increase in Market Maker activity on the Exchange will
benefit all market participants and improve competition on the
Exchange.
    The Exchange does not believe that the proposed rule change will
impose any burden on intra-market competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed changes for each separate type of market participant (new
Market Makers and existing Market Makers) will be assessed equally to
all such market participants. While different fees are assessed to
different market participants in some circumstances, these different
market participants have different obligations and different
circumstances as discussed above. For example, Market Makers have
quoting obligations that other market participants (such as EEMs) do
not have.
Inter-Market Competition
    The Exchange does not believe that the proposed rule change will
impose any burden on inter-market competition

that is not necessary or appropriate in furtherance of the purposes of
the Act because the proposed extension of the fee waivers apply only to
the Exchange's Proprietary Products (including options on SPIKES),
which are traded exclusively on 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.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\17\ and Rule 19b-4(f)(2) \18\ 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.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \18\ 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-MIAX-2020-22 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-MIAX-2020-22. 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-MIAX-2020-22 and should be submitted on
or before August 6, 2020.
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    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-15308 Filed 7-15-20; 8:45 am]
BILLING CODE 8011-01-P