[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Proposed Rules]
[Pages 16267-16269]
[FR Doc No: 2018-07865]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0914]
RIN 1625-AA00

Safety Zone; Taylor Bayou Turning Basin, Port Arthur, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for the upper reaches of Taylor Bayou Turning Basin in Port Arthur, TX.
This action is necessary to provide protection for the levee and
temporary protection wall located at the north end of the turning basin
until permanent repairs can be effected. This proposed rulemaking would
prohibit persons and vessels from entering the safety zone unless
authorized by the Captain of the Port Marine Safety Unit Port Arthur
(COTP) or a designated representative. We invite your comments on this
proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 15, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0914 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
rulemaking, call or email Mr. Scott Whalen, Marine Safety Unit Port
Arthur, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port, Port Arthur
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
USACE U.S. Army Corps of Engineers
U.S.C. United States Code

II. Background Information and Regulatory History

    On August 14, 2017, the Coast Guard established a temporary safety
zone for the upper reaches of Taylor Bayou Basin in Port Arthur, TX.\1\
That emergency action was necessary to protect the damaged flood
protection levee and bulkhead during stabilization efforts. The U. S.
Army Corps of Engineers (USACE) and the local drainage district
initiated and completed emergency repairs to protect against potential
storm surge during hurricane season. Permanent repairs to the flood
protection wall are now necessary. They are extensive and are expected
to take approximately five to seven years. Damage to the temporary
repairs would make the surrounding community susceptible to flooding
during storm surge or extreme tide events that may endanger persons and
property in the surrounding community. The USACE has requested, and the
Coast Guard concurs, that protection measures must be instituted until
permanent repairs are completed.
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    \1\ See the temporary final rule titled Safety Zone; Taylor
Bayou Turning Basin, Port Arthur, TX, Docket No. USCG-2017-0797.
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    The purpose of this rulemaking is to ensure the safety of the
surrounding community and to protect persons, vessels, and the
environment during permanent repairs to the Taylor Bayou Turning Basin
flood protection wall. Therefore, the Coast Guard proposes to establish
a temporary safety zone until permanent repairs are completed. The
Coast Guard proposes this rulemaking under the authority of 33 U.S.C.
1231.

III. Discussion of the Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone for
navigable waters of Taylor Bayou Turning Basin north of latitude
29[deg]50'57.45'' N until January 31, 2023. The duration of the zone is
intended to endure the safety of persons, vessels, and the environment
until permanent repairs to the flood protection system are completed.
No person or vessel would be permitted to enter the safety zone without
obtaining permission from the Captain of the Port Marine Safety Unit
Port Arthur (COTP) or a designated representative. The regulatory text
we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771. This regulatory action
determination is based on the size, location, duration, and entities
impacted by the safety zone. The safety zone affects approximately 350-
yards of Taylor Bayou Turning Basin north of latitude 29[deg]50'57.45''
N. Only one facility receives vessels within this zone and that
facility would be permitted to receive vessels based on previously
agreed to maneuvering calculations and plans.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rulemaking will not have a significant economic impact
on vessel owners or operators.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this ride would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rulemaking would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast Guard will not retaliated
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

C. Collection of Information

    This rulemaking will not call for a new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rulemaking does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
rulemaking elsewhere in this preamble.

F. Environment

    We have analyzed this rulemaking under Department of Homeland
Security Directive 023-01, which guide the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This proposed rule
involves establishing a temporary safety zone that would prohibit
persons and vessels from entry into waters on the upper reaches of
Taylors Bayou Turning Basin unless authorized by the Captain of the
Port Port Arthur (COTP) or a designated representative. Normally such
actions are categorically excluded from further review under paragraph
L[60] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environment impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during this
comment period. Your comment can help shape the outcome of this
rulemaking. If you submit a comment, please include the docket number
for this rulemaking, indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If our material cannot be
submitted using http://

www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.2.
0
 2. Add Sec.  165.T08-0914 to read as follows:

Sec.  165.T08--0914  Safety Zone; Taylor Bayou Turning Basin, Port
Arthur, TX

    (a) Location. The following area is a safety zone: navigable waters
of Taylor Bayou Turning Basin north of latitude 29[deg]50'57.45'' N.
These coordinates are based on WGS 84.
    (b) Definition. As used in this section, a designated
representative means a Coast Guard coxswain, officer or petty officer,
or a federal, state or local officer designated by or assisting the
Captain of the Port Port Arthur (COTP) in the enforcement of the safety
zone.
    (c) Regulations. (1) Under the general safety zone regulations in
Sec.  165.23 of this part, you may not enter the safety zone described
in paragraph (a) of this section unless authorized by the COTP or a
designated representative.
    (2) To request permission to enter, contact COTP or a designated
representative on VHF-FM channel 16, or contact Vessel Traffic Service
(VTS) Port Arthur on VHF-FM channel 65A or by telephone at 409-719-
5070. Those persons or vessels permitted to enter the safety zone must
comply with all lawful directions given by the COTP or a designated
representative.
    (d) Enforcement date. This section will be enforced from June 1,
2018 through January 31, 2023.

     Dated: March 14, 2018.
 Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2018-07865 Filed 4-13-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Notices]
[Pages 2415-2416]
[FR Doc No: 2015-00638]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9921-74-OA]

Notification of a Public Teleconference and Meeting of the
Science Advisory Board Chemical Assessment Advisory Committee Augmented
for the Review of EPA's draft Benzo[a]pyrene IRIS Assessment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) Science
Advisory Board (SAB) Staff Office announces two meetings of the
Chemical Assessment Advisory Committee Augmented for the Review of the
Draft Benzo[a]pyrene IRIS Assessment (CAAC--Benzo[a]pyrene Panel). A
public teleconference will be held to learn about the development of
the Agency's draft IRIS Toxicological Review of Benzo[a]pyrene
(September, 2014) and to discuss draft charge questions for the peer
review of the document. A face-to-face meeting will be held in the
Washington, DC metro area to conduct a peer review of the agency's
draft IRIS Toxicological Review of Benzo[a]pyrene (External Review
Draft-September 2014).

DATES: The public teleconference will be held on Wednesday, March 4,
2015, from 1:00 p.m. to 4:00 p.m. (Eastern Time). The public face-to-
face meeting will be held on Wednesday, April 15, 2015 from 9:00 a.m.
to 5:30 p.m. (Eastern Time), Thursday, April 16, 2015, and Friday,
April 17, 2015, from 8:30 a.m. to 5:00 p.m. (Eastern Time).

ADDRESSES: The public teleconference will be conducted by telephone
only. The public face-to-face meeting will be held at Milken Institute
School of Public Health, Convening Center Room, George Washington
University, 950 New Hampshire Avenue NW., Washington, DC 20052.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing
further information regarding this meeting may contact Dr. Diana Wong,
Designated Federal Officer (DFO), SAB Staff Office, by telephone/voice
mail at<PHONE_NUMBER> or via email at<EMAIL_ADDRESS>General
information concerning the EPA Science Advisory Board can be found at
the EPA SAB Web site at http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION: The SAB was established pursuant to the
Environmental Research, Development, and Demonstration Authorization
Act (ERDAA) codified at 42 U.S.C. 4365, to provide independent
scientific and technical advice to the Administrator on the technical
basis for Agency positions and regulations. The SAB is a Federal
Advisory Committee chartered under the Federal Advisory Committee Act
(FACA), 5 U.S.C., App. 2. The SAB will comply with the provisions of
FACA and all appropriate SAB Staff Office procedural policies. Pursuant
to FACA and EPA policy, notice is hereby given that the SAB CAAC--
Benzo[a]pyrene Panel will hold a public teleconference and a public
face-to-face meeting. The purpose of the teleconference is to learn
about the development of the agency's draft IRIS Toxicological Review
of Benzo[a]pyrene (External Review Draft-September 2014) and to discuss
the draft charge questions for the peer review of the document. The
purpose of the face-to-face meeting is to conduct a peer review of the
agency's draft IRIS Toxicological Review of Benzo[a]pyrene (External
Review Draft-September 2014). This SAB panel will provide advice to the
Administrator through the chartered SAB.
    Background: EPA's Office of Research and Development (ORD)
requested that the SAB conduct a peer review of the draft Toxicological
Review of Benzo[a]pyrene (External Review Draft-September 2014). The
EPA SAB Staff Office augmented the SAB CAAC with subject matter experts
to provide advice through the chartered SAB regarding this IRIS
assessment.
    Technical Contacts: Any technical questions concerning EPA's draft
Toxicological Review of Benzo[a]pyrene (External Review Draft-September
2014) should be directed to Dr. Samantha Jones by telephone at 703-347-
8580 or by email at<EMAIL_ADDRESS>    Availability of Meeting Materials: Prior to the meeting, the agenda
and other materials will be accessible through the calendar link on the
blue navigation bar at http://www.epa.gov/sab/. Materials may also be
accessed at the following SAB Web page http://yosemite.epa.gov/sab/sabproduct.nsf/02ad90b136fc21ef85256eba00436459/4dcfd0e5f45a8cad85257b65005b17c8!OpenDocument
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office. Federal advisory committees and panels, including
scientific advisory committees, provide independent advice to the EPA.
Interested members of the public may submit relevant information on the
topic of this advisory activity, for the group conducting the activity,
for the SAB to consider during the advisory process. Input from the
public to the SAB will have the most impact if it provides specific
scientific or technical information or analysis for SAB committees and
panels to consider or if it relates to the clarity or accuracy of the
technical information. Members of the public wishing to provide comment
should contact the DFO directly. Oral Statements: In general,
individuals or groups requesting an oral presentation on a public
teleconference will be limited to three minutes and an oral
presentation at the face-to-face meeting will be limited to five
minutes. Interested parties wishing to provide comments should contact
Dr. Diana Wong, DFO (preferably via email), at the contact information
noted above, by February 25, 2015 to be placed on the list of public
speakers for the teleconference and by April 8, 2015 to be placed on
the list of public speakers for the face-to-face meeting. Written
Statements: Written statements will be accepted throughout the advisory
process; however, for timely consideration by Committee/Panel members,
statements should be supplied to the DFO via email at the contact
information noted above at least one week prior to a public meeting so
that the information may be made available to the SAB Panel for their
consideration. Written statements should be supplied in one of the
electronic formats: Adobe Acrobat PDF, WordPerfect, MS PowerPoint, or
Rich

Text files in IBM-PC/Windows 98/2000/XP format. It is the SAB Staff
Office general policy to post written comments on the Web page for the
advisory meeting or teleconference. Submitters are requested to provide
an unsigned version of each document because the SAB Staff Office does
not publish documents with signatures on its Web sites. Members of the
public should be aware that their personal contact information, if
included in any written comments, may be posted to the SAB Web site.
Copyrighted material will not be posted without explicit permission of
the copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Dr. Diana Wong at (202)
564-2049 or<EMAIL_ADDRESS>To request accommodation of a
disability, please contact Dr. Wong preferably at least ten days prior
to the meeting, to give EPA as much time as possible to process your
request.

    Dated: January 8, 2015.
Thomas H. Brennan,
 Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2015-00638 Filed 1-15-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Notices]
[Pages 60498-60503]
[FR Doc No: 2020-21141]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89927; File No. SR-EMERALD-2020-07]

Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fee Schedule

September 21, 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 September 8, 2020, MIAX Emerald, LLC (``MIAX Emerald'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX Emerald Fee
Schedule (the ``Fee Schedule'').
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/emerald, 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
    The Exchange proposes to amend Section 1)a)i) of the Fee Schedule
to lower the Simple Maker (as defined below) rebates in Tier 4 for
options transactions in Penny classes and non-Penny classes (as defined
below) for executed Priority Customers \3\ orders when the contra is an
Affiliated \4\ Market Maker.\5\
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    \3\ ``Priority Customer'' means a person or entity that (i) is
not a broker or dealer in securities, and (ii) does not place more
than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s). See Exchange Rule
100, including Interpretation and Policy .01.
    \4\ ``Affiliate'' means (i) an affiliate of a Member of at least
75% common ownership between the firms as reflected on each firm's
Form BD, Schedule A, or (ii) the Appointed Market Maker of an
Appointed EEM (or, conversely, the Appointed EEM of an Appointed
Market Maker). An ``Appointed Market Maker'' is a MIAX Emerald
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
Emerald Market Maker) that has been appointed by a MIAX Emerald
Market Maker, pursuant to the following process. A MIAX Emerald
Market Maker appoints an EEM and an EEM appoints a MIAX Emerald
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
Fee Schedule.
    \5\ ``Market Maker'' refers to ``Lead Market Maker'' (``LMM''),
``Primary Lead Market Maker'' (``PLMM'') and ``Registered Market
Maker'' (``RMM''), collectively. See the Definitions Section of the
Fee Schedule and Exchange Rule 100.
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    The proposed change is scheduled to become operative September 8,
2020.
Background
    The Exchange currently assesses transaction rebates and fees to all
market participants which are based upon a threshold tier structure
(``Tier'') that is applicable to transaction fees. Tiers are determined
on a monthly basis and are based on three alternative calculation
methods, as defined in Section 1)a)ii) of the Fee Schedule. The
calculation method that results in the highest Tier achieved by the
Member shall apply to all Origin types by the Member. The monthly
volume thresholds for each method, associated with each Tier, are
calculated as the total monthly volume executed by the Member in all
options classes on MIAX Emerald in the relevant Origins and/or
applicable liquidity, not including Excluded Contracts,\6\ (as the
numerator) expressed as a percentage of (divided by) Customer Total
Consolidated Volume (``CTCV'') (as the denominator). CTCV means
Customer Total Consolidated Volume calculated as the total national
volume cleared at The Options Clearing Corporation (``OCC'') in the
Customer range in those classes listed on MIAX Emerald for the month
for which fees apply, excluding volume cleared at the OCC in the
Customer range executed during the period of time in which the Exchange
experiences an ``Exchange System Disruption'' \7\ (solely in the option
classes of the affected Matching Engine).\8\ In addition, the per
contract transaction rebates and fees shall be applied retroactively to
all eligible volume once the Tier has been reached by the Member.
Members that place resting liquidity, i.e., orders on the MIAX Emerald
System, will be assessed the specified ``maker'' rebate or fee (each a
``Maker'') and Members that execute against resting liquidity will be
assessed the specified ``taker'' fee or rebate (each a ``Taker'').\9\
Members are also assessed lower transaction fees and smaller rebates
for order executions in standard option classes in the Penny Interval
Program \10\ (``Penny classes'') than for order executions in standard
option classes which are not in the

Penny Interval Program (``non-Penny classes''), for which Members will
be assessed a higher transaction fees and larger rebates.
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    \6\ ``Excluded Contracts'' means any contracts routed to an away
market for execution. See the Definitions Section of the Fee
Schedule.
    \7\ The term ``Exchange System Disruption'' means an outage of a
Matching Engine or collective Matching Engines for a period of two
consecutive hour or more, during trading hours. See the Definitions
Section of the Fee Schedule.
    \8\ A ``Matching Engine'' is a part of the MIAX Emerald
electronic system that processes options orders and trades on a
symbol-by-symbol basis. Some Matching Engines will process option
classes with multiple root symbols, and other Matching Engines may
be dedicated to one single option root symbol (for example, options
on SPY may be processed by one single Matching Engine that is
dedicated only to SPY). A particular root symbol may only be
assigned to a single designated Matching Engine. A particular root
symbol may not be assigned to multiple Matching Engines. See the
Definitions Section of the Fee Schedule.
    \9\ For a Priority Customer complex order taking liquidity in
both a Penny class and non-Penny class against Origins other than
Priority Customer, the Priority Customer order will receive a rebate
based on the Tier achieved.
    \10\ See Securities Exchange Act Release No. 88993 (June 2,
2020), 85 FR 35145 (June 8, 2020) (SR-EMERALD-2020-05) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Exchange Rule 510, Minimum Price Variations and Minimum
Trading Increments, To Conform the Rule to Section 3.1 of the Plan
for the Purpose of Developing and Implementing Procedures Designed
To Facilitate the Listing and Trading of Standardized Options).
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    Currently, transaction rebates and fees for Penny and non-Penny
classes are assessed according to the following tables:

                                        Members and Their Affiliates in Penny Classes Simple/Complex/PRIME/cPRIME
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Simple               Complex #                   PRIME/cPRIME [diam]
                                                               -----------------------------------------------------------------------------------------
                                                                                Maker
                                                                                (contra     Maker
                       Origin                           Tier                  Taker     origins    (contra
                                                                  Maker    [supcaret]      ex      priority    Taker      Agency     Contra    Responder
                                                                                priority   customer
                                                                                customer)   origin)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Market Maker.......................................          1    ($0.35)       $0.50      $0.10      $0.47      $0.50      $0.05      $0.05       $0.05
                                                             2     (0.35)        0.50       0.10       0.47       0.50       0.05       0.05        0.05
                                                             3     (0.35)        0.50       0.10       0.47       0.50       0.05       0.05        0.05
                                                             4     (0.45)        0.50       0.10       0.47       0.50       0.05       0.05        0.05
Non-MIAX Emerald Market Maker......................          1     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             2     (0.25)         .50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             3     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             4     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
Firm Proprietary/Broker-Dealer.....................          1     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             2     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             3     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             4     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
Non-Priority Customer..............................          1     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             2     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             3     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             4     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
Priority Customer *................................          1    [sdtri]        0.50     (0.25)     (0.25)     (0.25)       0.00       0.05        0.05
                                                                   (0.43)
                                                             2    [sdtri]        0.50     (0.40)     (0.40)     (0.40)       0.00       0.05        0.05
                                                                   (0.43)
                                                             3    [sdtri]        0.50     (0.45)     (0.45)     (0.45)       0.00       0.05        0.05
                                                                   (0.43)
                                                             4     (0.53)        0.50     (0.50)     (0.50)     (0.50)       0.00       0.05        0.05
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                      Members and Their Affiliates in Non-Penny Classes Simple/Complex/PRIME/cPRIME
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Simple               Complex #                   PRIME/cPRIME [diam]
                                                               -----------------------------------------------------------------------------------------
                                                                                Maker
                                                                                (contra     Maker
                       Origin                           Tier                  Taker     origins    (contra
                                                                  Maker    [supcaret]      ex      priority   Taker ~     Agency     Contra    Responder
                                                                                priority   customer
                                                                                customer)   origin)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Market Maker.......................................          1    ($0.45)       $1.05      $0.20      $0.86      $0.88      $0.05      $0.05       $0.05
                                                             2     (0.45)        1.05       0.20       0.86       0.88       0.05       0.05        0.05
                                                             3     (0.45)        1.05       0.20       0.86       0.86       0.05       0.05        0.05
                                                             4     (0.75)        1.05       0.20       0.86       0.86       0.05       0.05        0.05
Non-MIAX Emerald Market Maker......................          1     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             2     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             3     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             4     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
Firm Proprietary/Broker-Dealer.....................          1     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             2     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             3     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             4     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
Non-Priority Customer..............................          1     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             2     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             3     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             4     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
Priority Customer *................................          1     (0.85)        0.85     (0.40)     (0.40)     (0.40)       0.00       0.05        0.05
                                                             2     (0.85)        0.85     (0.60)     (0.60)     (0.60)       0.00       0.05        0.05
                                                             3     (0.85)        0.85     (0.70)     (0.70)     (0.75)       0.00       0.05        0.05
                                                             4     (1.05)        0.85     (0.87)     (0.87)     (0.85)       0.00       0.05        0.05
--------------------------------------------------------------------------------------------------------------------------------------------------------
[supcaret] Contra to Priority Customer Simple Orders, Origins ex Priority Customer Simple Orders will be charged $0.50 and Priority Customer Simple
  Orders will be charged $0.50 in Penny classes, and Origins ex Priority Customer Simple Orders will be charged $1.10 and Priority Customer Simple
  Orders will be charged $0.85 in Non-Penny classes.
* Priority Customer Complex Orders contra to Priority Customer Complex Orders are neither charged nor rebated. Priority Customer Complex Orders that leg
  into the Simple book are neither charged nor rebated.
~ A $0.05 Complex surcharge for Origins ex Priority Customer for Complex Orders that take liquidity from the Complex Order Book in Non-Penny classes.

# For orders in a Complex Auction, Priority Customer Complex Orders will receive the Complex Taker rebate based on the tier achieved when contra to an
  Origin that is not a Priority Customer. Origins that are not a Priority Customer will be charged the applicable Maker fee depending on the contra,
  based on the tier achieved.
[diam] For PRIME and cPRIME, the per contract rebate or fee for the preexisting contra-side interest that trades with the Agency side will be waived.
  PRIME/cPRIME Responder side interest that trades with unrelated Agency side interest trades as Taker will be subject to Simple or Complex rates, as
  applicable.
[sdtri] Simple Maker rebate in SPY, QQQ and IWM is ($0.45) for Priority Customer Origin in Tiers 1, 2 and 3.
Notes Accompanying Tables Above
During the Opening Rotation and the ABBO uncrossing, the per contract rebate or fee will be waived for all Origins.

Proposed Changes
    The Exchange now proposes to lower the Simple Maker rebates in Tier
4 for options transactions in Penny classes and non-Penny classes for
executed Priority Customers orders when the contra is an Affiliated
Market Maker. Specifically, the Exchange proposes to lower the Simple
Maker rebate for executed Priority Customer orders in options in Penny
classes in Tier 4 from ($0.53) to ($0.49) when the contra is an
Affiliated Market Maker. The Exchange also proposes to lower the Simple
Maker rebate for executed Priority Customer orders in options in non-
Penny classes in Tier 4 from ($1.05) to ($0.95) when the contra is an
Affiliated Market Maker.
    In order to differentiate between the proposed lower Tier 4 Simple
Maker rebate in Penny and non-Penny classes when the contra is an
Affiliated Market Maker, the Exchange proposes to insert two new
symbols after the symbol ``[dtri]'' \11\ immediately following the
table of rebates and fees in Section 1)a)i of the Fee Schedule. In
particular, the Exchange proposes to adopt new symbol ``[squ],'' for
the Penny classes table and the following explanatory sentences: ``This
Maker rebate is for executed Priority Customer Simple Orders when the
contra is not an Affiliated Market Maker. When the contra is an
Affiliated Market Maker, this Maker rebate for executed Priority
Customer Simple Orders will be ($0.49).'' The Exchange also proposes to
adopt new symbol ``[squf],'' for the non-Penny classes table and the
following explanatory sentences: ``This Maker rebate is for executed
Priority Customer Simple Orders when the contra is not an Affiliated
Market Maker. When the contra is an Affiliated Market Maker, this Maker
rebate for executed Priority Customer Simple Orders will be ($0.95).''
Accordingly, the Exchange proposes to insert the new symbols ``[squ]''
and ``[squf]'' as footnotes for the current Simple Maker rebates for
Priority Customer orders in options in Penny and non-Penny classes in
Tier 4 of ($0.53) and ($1.05), respectively.
---------------------------------------------------------------------------

    \11\ See Fee Schedule, Section 1)a)i.
---------------------------------------------------------------------------

    The purpose of adjusting the specified Simple Maker rebates is for
business and competitive reasons. In order to attract order flow, the
Exchange initially set its Maker rebates and Taker fees so that they
were meaningfully higher/lower than other options exchanges that
operate comparable maker/taker pricing models.\12\ The Exchange now
believes that it is appropriate to further adjust these specified Maker
rebates so that they are more in line with other exchanges, but will
still remain highly competitive such that they should enable the
Exchange to continue to attract order flow and maintain market
share.\13\
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 85393 (March 21,
2019), 84 FR 11599 (March 27, 2019) (SR-EMERALD-2019-15).
    \13\ See Cboe BZX Options Exchange Fee Schedule, under
``Transaction Fees.''
---------------------------------------------------------------------------

    With the proposed changes, Section 1)a)i) of the Fee Schedule will
be as follows:

                                        Members and Their Affiliates in Penny Classes Simple/Complex/PRIME/cPRIME
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Simple               Complex #                   PRIME/cPRIME [diam]
                                                               -----------------------------------------------------------------------------------------
                                                                                Maker
                                                                                (contra     Maker
                       Origin                           Tier                  Taker     origins    (contra
                                                                  Maker    [supcaret]      ex      priority    Taker      Agency     Contra    Responder
                                                                                priority   customer
                                                                                customer)   origin)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Market Maker.......................................          1    ($0.35)       $0.50      $0.10      $0.47      $0.50      $0.05      $0.05       $0.05
                                                             2     (0.35)        0.50       0.10       0.47       0.50       0.05       0.05        0.05
                                                             3     (0.35)        0.50       0.10       0.47       0.50       0.05       0.05        0.05
                                                             4     (0.45)        0.50       0.10       0.47       0.50       0.05       0.05        0.05
Non-MIAX Emerald Market Maker......................          1     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             2     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             3     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             4     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
Firm Proprietary/Broker-Dealer.....................          1     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             2     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             3     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             4     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
Non-Priority Customer..............................          1     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             2     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             3     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
                                                             4     (0.25)        0.50       0.20       0.50       0.50       0.05       0.05        0.05
Priority Customer *................................          1    [sdtri]        0.50     (0.25)     (0.25)     (0.25)       0.00       0.05        0.05
                                                                   (0.43)
                                                             2    [sdtri]        0.50     (0.40)     (0.40)     (0.40)       0.00       0.05        0.05
                                                                   (0.43)
                                                             3    [sdtri]        0.50     (0.45)     (0.45)     (0.45)       0.00       0.05        0.05
                                                                   (0.43)
                                                             4   [supsqu]        0.50     (0.50)     (0.50)     (0.50)       0.00       0.05        0.05
                                                                   (0.53)
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                      Members and Their Affiliates in Non-Penny Classes Simple/Complex/PRIME/cPRIME
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Simple               Complex #                   PRIME/cPRIME [diam]
                                                               -----------------------------------------------------------------------------------------
                                                                                Maker
                                                                                (contra     Maker
                       Origin                           Tier                  Taker     origins    (contra
                                                                  Maker    [supcaret]      ex      priority   Taker ~     Agency     Contra    Responder
                                                                                priority   customer
                                                                                customer)   origin)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Market Maker.......................................          1    ($0.45)       $1.05      $0.20      $0.86      $0.88      $0.05      $0.05       $0.05
                                                             2     (0.45)        1.05       0.20       0.86       0.88       0.05       0.05        0.05
                                                             3     (0.45)        1.05       0.20       0.86       0.86       0.05       0.05        0.05
                                                             4     (0.75)        1.05       0.20       0.86       0.86       0.05       0.05        0.05
Non-MIAX Emerald Market Maker......................          1     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             2     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             3     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             4     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
Firm Proprietary/Broker-Dealer.....................          1     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             2     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             3     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             4     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
Non-Priority Customer..............................          1     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             2     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             3     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
                                                             4     (0.25)        1.05       0.20       0.88       0.88       0.05       0.05        0.05
Priority Customer *................................          1     (0.85)        0.85     (0.40)     (0.40)     (0.40)       0.00       0.05        0.05
                                                             2     (0.85)        0.85     (0.60)     (0.60)     (0.60)       0.00       0.05        0.05
                                                             3     (0.85)        0.85     (0.70)     (0.70)     (0.75)       0.00       0.05        0.05
                                                             4     [squf]        0.85     (0.87)     (0.87)     (0.85)       0.00       0.05        0.05
                                                                   (1.05)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[caret] Contra to Priority Customer Simple Orders, Origins ex Priority Customer Simple Orders will be charged $0.50 and Priority Customer Simple Orders
  will be charged $0.50 in Penny classes, and Origins ex Priority Customer Simple Orders will be charged $1.10 and Priority Customer Simple Orders will
  be charged $0.85 in Non-Penny classes.
* Priority Customer Complex Orders contra to Priority Customer Complex Orders are neither charged nor rebated. Priority Customer Complex Orders that leg
  into the Simple book are neither charged nor rebated.
~ A $0.05 Complex surcharge for Origins ex Priority Customer for Complex Orders that take liquidity from the Complex Order Book in Non-Penny classes.
# For orders in a Complex Auction, Priority Customer Complex Orders will receive the Complex Taker rebate based on the tier achieved when contra to an
  Origin that is not a Priority Customer. Origins that are not a Priority Customer will be charged the applicable Maker fee depending on the contra,
  based on the tier achieved.
[diam] For PRIME and cPRIME, the per contract rebate or fee for the preexisting contra-side interest that trades with the Agency side will be waived.
  PRIME/cPRIME Responder side interest that trades with unrelated Agency side interest trades as Taker will be subject to Simple or Complex rates, as
  applicable.
[sdtri] Simple Maker rebate in SPY, QQQ and IWM is ($0.45) for Priority Customer Origin in Tiers 1, 2 and 3.
[supsqu] This Maker rebate is for executed Priority Customer Simple Orders when contra is not an Affiliated Market Maker. When the contra is an
  Affiliated Market Maker, this Maker rebate for executed Priority Customer Simple Orders will be ($0.49).
[squf] This Maker rebate is for executed Priority Customer Simple Orders when the contra is not an Affiliated Market Maker. When the contra is an
  Affiliated Market Maker, this Maker rebate for executed Priority Customer Simple Orders will be ($0.95).
Notes Accompanying Tables Above
During the Opening Rotation and the ABBO uncrossing, the per contract rebate or fee will be waived for all Origins.

    The Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. In Regulation NMS,
the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \14\
---------------------------------------------------------------------------

    \14\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).
---------------------------------------------------------------------------

    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than approximately 16%
market share.\15\ Therefore, no exchange possesses significant pricing
power. More specifically, for the month of August, the Exchange had a
market share of approximately 3.24% of executed volume of multiply-
listed equity options.\16\
---------------------------------------------------------------------------

    \15\ The Options Clearing Corporation (``OCC'') publishes
options and futures volume in a variety of formats, including daily
and monthly volume by exchange, available here: https://www.theocc.com/market-data/volume/default.jsp.
    \16\ See id.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
discontinue or reduce use of certain categories of products and
services, terminate an existing membership or determine to not become a
new member, and/or shift order flow, in response to transaction fee
changes. For example, on February 28, 2019, the Exchange's affiliate,
MIAX PEARL, LLC (``MIAX PEARL'') filed with the Commission a proposal
to increase Taker fees in certain Tiers for options transactions in
certain Penny classes for Priority Customers and decrease Maker rebates
in certain Tiers for options transactions in Penny classes for Priority
Customers (which fee was to be effective March 1, 2019).\17\ MIAX PEARL
experienced a decrease in total market share for the month of March
2019, after the proposal went into effect. Accordingly, the Exchange
believes that the MIAX PEARL March 1, 2019 fee change, to increase
certain transaction fees and

decrease certain transaction rebates, may have contributed to the
decrease in MIAX PEARL's market share and, as such, the Exchange
believes competitive forces constrain the Exchange's, and other options
exchanges, ability to set transaction fees and market participants can
shift order flow based on fee changes instituted by the exchanges. The
Exchange also notes that at least one other competing exchange
similarly provides for different pricing dependent upon whether the
executing buyer and seller are the same market participant or have some
form of common ownership.\18\
---------------------------------------------------------------------------

    \17\ See Securities Exchange Act Release No. 85304 (March 13,
2019), 84 FR 10144 (March 19, 2019) (SR-PEARL-2019-07).
    \18\ See Nasdaq Options Pricing Schedule, Options 7, Section
2(1), note 2 (Participants that add 1.30% of Customer, Professional,
Firm, Broker-Dealer or Non-NOM Market Maker liquidity in Penny Pilot
Options and/or Non-Penny Pilot Options of total industry customer
equity and ETF option ADV contracts per day in a month will be
subject to the following pricing applicable to executions: A $0.48
per contract Penny Pilot Options Fee for Removing Liquidity when the
Participant is (i) both the buyer and the seller or (ii) the
Participant removes liquidity from another Participant under Common
Ownership. Participants that add 1.50% of Customer, Professional,
Firm, Broker-Dealer or Non-NOM Market Maker liquidity in Penny Pilot
Options and/or Non-Penny Pilot Options of total industry customer
equity and ETF option ADV contracts per day in a month and meet or
exceed the cap for The Nasdaq Stock Market Opening Cross during the
month will be subject to the following pricing applicable to
executions less than 10,000 contracts: A $0.32 per contract Penny
Pilot Options Fee for Removing Liquidity when the Participant is (i)
both the buyer and seller or (ii) the Participant removes liquidity
from another Participant under Common Ownership. Participants that
add 1.75% of Customer, Professional, Firm, Broker-Dealer or Non-NOM
Market Maker liquidity in Penny Pilot Options and/or Non-Penny Pilot
Options of total industry customer equity and ETF option ADV
contracts per day in a month will be subject to the following
pricing applicable to executions less than 10,000 contracts: A $0.32
per contract Penny Pilot Options Fee for Removing Liquidity when the
Participant is (i) both the buyer and seller or (ii) the Participant
removes liquidity from another Participant under Common Ownership.).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \19\ in general, and
furthers the objectives of Section 6(b)(4) of the Act,\20\ in that it
is an equitable allocation of reasonable dues, fees and other charges
among Exchange members and issuers and other persons using its
facilities, and 6(b)(5) of the Act,\21\ 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.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(4).
    \21\ 15 U.S.C. 78f(b)(1) and (b)(5).
---------------------------------------------------------------------------

    The Exchange believes its proposal to decrease its Simple Maker
rebates in Tier 4 for options transactions in Penny and non-Penny
classes for Priority Customers orders when trading contra to an
Affiliated Market Maker provides for the equitable allocation of
reasonable dues and fees and is not unfairly discriminatory for the
following reasons. The Exchange operates in a highly competitive
market. The Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. In Regulation NMS,
the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \22\
---------------------------------------------------------------------------

    \22\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).
---------------------------------------------------------------------------

    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than approximately 16%
of the market share of executed volume of multiply-listed equity and
ETF options trades based on the reported trade volumes for the month of
August.\23\ Therefore, no exchange possesses significant pricing power
in the execution of multiply-listed equity and ETF options order flow.
More specifically, for the month of August, the Exchange had a market
share of approximately 3.24% of executed volume of multiply-listed
equity options.\24\ The Exchange cannot predict with certainty the
number of market participants that would qualify for the lower Simple
Maker rebates as Members \25\ may continually shift among the different
Tiers from month to month.
---------------------------------------------------------------------------

    \23\ See supra note 15.
    \24\ See id.
    \25\ ``Member'' means an individual or organization approved to
exercise the trading rights associated with a Trading Permit.
Members are deemed ``members'' under the Exchange Act. See the
Definitions Section of the Fee Schedule and Exchange Rule 100.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market shares among
the exchanges from month to month demonstrates that market participants
can shift order flow, or discontinue or reduce use of certain
categories of products, in response to transaction and/or non-
transaction fee changes. For example, on February 28, 2019, the
Exchange's affiliate, MIAX PEARL, filed with the Commission a proposal
to increase Taker fees in certain Tiers for options transactions in
certain Penny classes for Priority Customers and decrease Maker rebates
in certain Tiers for options transactions in Penny classes for Priority
Customers (which fee was to be effective March 1, 2019).\26\ MIAX PEARL
experienced a decrease in total market share for the month of March
2019, after the proposal went into effect. Accordingly, the Exchange
believes that the MIAX PEARL March 1, 2019 fee change, to increase
certain transaction fees and decrease certain transaction rebates, may
have contributed to the decrease in MIAX PEARL's market share and, as
such, the Exchange believes competitive forces constrain the
Exchange's, and other options exchanges, ability to set transaction
fees and market participants can shift order flow based on fee changes
instituted by the exchanges.
---------------------------------------------------------------------------

    \26\ See supra note 17.
---------------------------------------------------------------------------

    The Exchange believes its proposal to decrease the Simple Maker
rebates in Tier 4 for options transactions in Penny and non-Penny
classes for Priority Customers is reasonable, equitable and not
unfairly discriminatory because all similarly situated market
participants in the same Origin type are subject to the same tiered
Maker rebates and Taker fees and access to the Exchange is offered on
terms that are not unfairly discriminatory. The Exchange believes it is
equitable and not unfairly discriminatory to reduce the Simple Maker
rebates to Priority Customer orders in Penny and non-Penny classes for
competitive and business reasons because the Exchange initially set its
Simple Maker rebates for such orders higher than certain other options
exchanges that operate comparable maker/taker pricing models.\27\ The
Exchange now believes that it is appropriate to further decrease the
specified Simple Maker rebates so that they are more in line with other
exchanges, and will still remain highly competitive such that they
should enable the Exchange to continue to attract order flow and
maintain market share.\28\
---------------------------------------------------------------------------

    \27\ See supra note 12.
    \28\ See supra note 13.
---------------------------------------------------------------------------

    Furthermore, the proposed decrease to the Simple Maker rebates for
Priority Customers promotes just and equitable principles of trade,
fosters cooperation and coordination with persons engaged in
facilitating transactions in securities,

and protects investors and the public interest, because even with the
decrease, the Exchange's proposed Simple Maker rebates for such orders
still remain highly competitive with certain other options exchanges
offering comparable pricing models, and should enable the Exchange to
continue to attract order flow and maintain market share.\29\ The
Exchange believes that the amount of such fees, as proposed to be
decreased, will continue to encourage those market participants to send
orders to the Exchange.
---------------------------------------------------------------------------

    \29\ See id.
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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,\30\ and Rule 19b-4(f)(2) \31\ 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.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \31\ 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-EMERALD-2020-07 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-EMERALD-2020-07. 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-EMERALD-2020-07 and should be submitted
on or before October 16, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
---------------------------------------------------------------------------

    \32\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-21141 Filed 9-24-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 226 (Monday, November 23, 2020)]
[Proposed Rules]
[Pages 74627-74630]
[FR Doc No: 2020-25545]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0885; Project Identifier MCAI-2020-00997-A]
RIN 2120-AA64

Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Pilatus Aircraft Ltd. (Pilatus) Model PC-24 airplanes. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI identifies the unsafe condition as improperly manufactured cockpit
and cabin evaporator filters installed during production on some PC-24
airplanes. The FAA is proposing this AD to address the unsafe condition
on these products.

DATES: The FAA must receive comments on this proposed AD by January 7,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12 140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     For service information identified in this NPRM, contact
Pilatus Aircraft Ltd., CH-6371 Stans, Switzerland; telephone: +41 848
exception occurred on : 2020-25545.htm
exception occurred on : 2020-25545.htm
24 7 365; email: aircraft.com">[email protected]aircraft.com; internet: https://www.pilatus-aircraft.com/. You may view this service information at
the FAA, Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0885.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0885; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the MCAI, any comments received, and other information. The
street address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
General Aviation & Rotorcraft Section, International Validation Branch,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4059; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2020-0885; Project Identifier
MCAI-2020-00997-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any

recommended change, and include supporting data. The FAA will consider
all comments received by the closing date and may amend this proposal
because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Doug
Rudolph, Aerospace Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Background

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued EASA AD 2020-0160, dated July 16, 2020 (referred to after this
as ``the MCAI''), to address the unsafe condition on Pilatus Model PC-
24 airplanes. The MCAI states:

    An occurrence was reported where, during production, cockpit and
cabin evaporator filters were installed on some PC-24 aeroplanes,
which were not the proper parts for the affected configuration.
    This condition, if not corrected, could degrade the fire
retardant properties of the filters, possibly resulting in an
increase in smoke in the cockpit/cabin in case of electrical heater
over-temperature.
    To address this potential unsafe condition, Pilatus issued the
[service bulletin] SB to provide replacement instructions.
    For the reason described above, this AD requires replacement of
affected parts with serviceable parts, as defined in this [EASA] AD,
and prohibits (re) installation of affected parts.

    Due to a quality escape, the fire retardant used in the original
filters installed in production is not sufficient for the conditions in
this configuration, which is close to the heater and blowers.
    You may obtain further information by examining the MCAI in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0885.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Pilatus PC-24 Service Bulletin No. 21-006, dated
April 3, 2020. The service information specifies procedures to replace
the cockpit and cabin evaporator filters with new filters contained in
a modification kit. 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.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
our bilateral agreement with this State of Design Authority, it has
notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing this AD
because the FAA determined the unsafe condition exists and is likely to
exist or develop on other products of the same type design.

Differences Between This Proposed AD and the MCAI

    This proposed AD would apply to airplanes with a defective filter
installed, whereas the EASA AD applies to airplanes that do not have
the modification kit, which was installed in production. The proposed
AD identifies the individual part numbers (P/Ns) of the defective
filters to address any airplanes that may have had a modification kit
filter replaced with a defective filter in the field before this
proposed AD becomes effective. The proposed AD would also apply to
airplanes with a filter where the P/N is unknown. Pilatus advises that
the defective filters can only be identified by their packing
documents, as they do not have a permanent P/N marked on the actual
part. The new filters in the modification kit do have a permanent
marking on the frame of the actual part.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 36 airplanes of U.S. registry. The FAA also estimates that it
would take 2.5 work-hours per product to comply with the requirements
of this proposed AD. The average labor rate is $85 per work-hour.
Required parts would cost about $575 per product, if all 4 filters
would need to be replaced.
    Based on these figures, the FAA estimates the cost of this proposed
AD on U.S. operators to be $28,350, or $787.50 per product.
    The FAA has included all costs in this cost estimate. According to
the manufacturer, however, some of the costs of this proposed AD may be
covered under warranty, thereby reducing the cost impact on affected
operators.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:

Pilatus Aircraft Ltd.: Docket No. FAA-2020-0885; Project Identifier
MCAI-2020-00997-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 7, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Pilatus Aircraft Ltd. PC-24 airplanes, all
serial numbers, certificated in any category, with any of the
following evaporator filter assemblies installed, or if the part
number (P/N) of the evaporator filter assembly is unknown:
    (1) Cockpit filter assembly P/N 9<IP_ADDRESS>1 (PC24EC-6068-1);
    (2) Cabin front filter assembly P/N 9<IP_ADDRESS>0 (PC24EC-6287-
1);
    (3) Cabin bottom filter assembly P/N 9<IP_ADDRESS>8 (PC24EC-6288-
1); or
    (4) Cabin top filter assembly P/N 9<IP_ADDRESS>9 (PC24EC-6297-1).

    Note:  The P/N in parenthesis is an alternative vendor P/N.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2100, AIR
CONDITIONING SYSTEM.

(e) Unsafe Condition

    This AD was prompted by a reported occurrence where, during
production, cockpit and cabin evaporator filters produced with
degraded fire retardant properties were installed on some Model PC-
24 airplanes. The FAA is issuing this AD to detect improper cockpit
and cabin evaporator filters installed on Model PC-24 airplanes. The
unsafe condition, if not addressed, could result in filters with
degraded fire retardant properties, resulting in smoke in the
cockpit and cabin in the event of electrical heater over-
temperature.

(f) Actions and Compliance

    (1) Within 4 months after the effective date of this AD, unless
already done, remove each filter assembly from service and replace
with a filter assembly as specified in table 1 to paragraph (f)(1)
of this AD by following the Accomplishment Instructions, sections
3A. through 3C., of Pilatus PC-24 Service Bulletin No. 21-006, dated
April 3, 2020.
[GRAPHIC] [TIFF OMITTED] TP23NO20.000

    (2) As of the effective date of this AD, do not install an
evaporator filter assembly with a P/N listed in paragraph (c) of
this AD on any airplane.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. Send information to ATTN: Doug Rudolph, Aerospace Engineer,
FAA, General Aviation & Rotorcraft Section, International Validation
Branch, 901 Locust, Room 301, Kansas City, Missouri 64106;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>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.

(h) Related Information

    Refer to European Union Aviation Safety Agency (EASA) AD No.
2020-0160, dated July 16, 2020, for more information. You may
examine the EASA AD in the AD docket on the internet at https://www.regulations.gov by searching for and locating it in Docket No.
FAA-2020-0885. For service information identified in this AD,
contact Pilatus Aircraft Ltd., CH-6371 Stans, Switzerland;
exception occurred on : 2020-25545.htm
exception occurred on : 2020-25545.htm
telephone: +41 848 24 7 365; email: aircraft.com">[email protected]aircraft.com; internet: https://www.pilatus-aircraft.com/. You may
review this referenced service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued on November 13, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-25545 Filed 11-20-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 12, 2010 (Volume 75, Number 69)]
[Notices]
[Page 18524]
[DOCID:fr12ap10-90]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1878-DR; Docket ID FEMA-2010-0002]

Nebraska; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Nebraska (FEMA-1878-DR), dated February 25, 2010, and
related determinations.

DATES: Effective Date: March 26, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Nebraska is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of February 25, 2010.

    Boone, Boyd, Cedar, Colfax, Cuming, Dixon, Fillmore, Frontier,
Furnas, Gosper, Greeley, Harlan, Holt, Howard, Knox, Loup, Merrick,
Nuckolls, Pierce, Platte, Polk, Richardson, Sarpy, and Wayne
Counties for Public Assistance.
    Platte and Sarpy Counties for emergency protective measures
(Category B), including snow assistance, under the Public Assistance
program for any continuous 48-hour period during or proximate to the
incident period.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-8289 Filed 4-9-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: July 12, 2010 (Volume 75, Number 132)]
[Notices]
[Page 39678-39679]
[DOCID:fr12jy10-34]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13163-000]

Bishop Tungsten Development, LLC; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, Protests,
Recommendations, and Terms and Conditions

July 2, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Conduit Exemption.
    b. Project No.: 13163-000.
    c. Date filed: April 3, 2008.
    d. Applicant: Bishop Tungsten Development, LLC.
    e. Name of Project: Pine Creek Mine Water Discharge System Sites 1
and 2 Project.
    f. Location: The proposed Pine Creek Mine Water Discharge System
Sites 1 and 2 Project would be located on the mine discharge system in
Inyo County, California. The land in which all the project structures
are located is owned by the applicant.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Douglas A. Hicks, Bishop Tungsten
Development, LLC, 9050 Pine Creek Road, Bishop, CA 93514, phone (760)
387-2080.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Status of Environmental Analysis: This application is ready for
environmental analysis at this time, and the Commission is requesting
comments, reply comments, recommendations, terms and conditions, and
prescriptions.
    k. Deadline for filing responsive documents: The Commission
directs, pursuant to section 4.34(b) of the Regulations (see Order No.
640, issued May 8, 1991, 56 FR 23,108 (May 20, 1991)) that all
comments, motions to intervene, protests, recommendations, terms and
conditions, and prescriptions concerning the application be filed with
the Commission: 60 days from the issuance of this notice. All reply
comments must be filed with the Commission: 105 days from the issuance
of this notice.
    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 under the ``e-Filing''
link. The Commission strongly encourages electronic filings.
    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 in 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.
    l. Description of Project: The proposed Pine Creek Mine Water
Discharge System Sites 1 and 2 Project consists of: (1) An existing
powerhouse at Site 2 containing one proposed generating unit with an
installed capacity of 150 kilowatts, and (2) appurtenant facilities.
Bishop Tungsten Development

estimates the project would have an average annual generation of 1.2
gigawatt-hours that would be sold to a local utility. Although Site 1
also contains an existing powerhouse, Bishop Tungsten is not proposing
to generate any power from this location.
    m. This filing is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street,
NE., Washington, DC 20426. The filing may also be viewed on the Web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number, here P-12624, in the docket number field to access the
document. For assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is
also available for review and reproduction at the address in item h.
above.
    n. Development Application--Any qualified applicant desiring to
file a competing application must submit to the Commission, on or
before the specified deadline date for the particular application, a
competing development application, or a notice of intent to file such
an application. Submission of a timely notice of intent allows an
interested person to file the competing development application no
later than 120 days after the specified deadline date for the
particular application. Applications for preliminary permits will not
be accepted in response to this notice.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit a competing development application. A notice of intent must be
served on the applicant(s) named in this public notice.
    p. Protests or Motions to Intervene--Anyone may submit a protest or
a motion to intervene in accordance with the requirements of Rules of
Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In
determining the appropriate action to take, the Commission will
consider all protests 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 protests or motions to intervene must be
received on or before the specified deadline date for the particular
application.
    q. All filings must (1) Bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION'', ``COMPETING APPLICATION'', ``COMMENTS'',
``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND CONDITIONS,'' or
``PRESCRIPTIONS;'' (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments,
recommendations, terms and conditions or prescriptions must set forth
their evidentiary basis and otherwise comply with the requirements of
18 CFR 4.34(b). Agencies may obtain copies of the application directly
from the applicant. Any of these documents must be filed by providing
the original and eight copies to: The Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. An
additional copy must be sent to Director, Division of Hydropower
Administration and Compliance, Office of Energy Projects, Federal
Energy Regulatory Commission, at the above address. A copy of any
protest or motion to intervene must be served upon each representative
of the applicant specified in the particular application. A copy of all
other filings in reference to this application must be accompanied by
proof of service on all persons listed in the service list prepared by
the Commission in this proceeding, in accordance with 18 CFR 4.34(b)
and 385.2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-16838 Filed 7-9-10; 8:45 am]
BILLING CODE 6717-01-P