[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Notices]
[Pages 10144-10151]
[FR Doc No: 2019-05088]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85304; File No. SR-PEARL-2019-07]

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

March 13, 2019.
    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 February 28, 2019, MIAX PEARL, LLC (``MIAX PEARL'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

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

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend the Add/Remove Tiered Rebates/Fees
set forth in Section (1)(a) of the Fee Schedule to (i) decrease Maker
(as defined below) rebates in certain Tiers for options transactions in
Penny classes (as defined below) for Priority Customers; \3\ (ii)
increase Taker (as defined below) fees in certain Tiers for options
transactions in certain Penny classes (excluding SPY, QQQ, and IWM) for
Priority Customers; (iii) decrease Taker fees in certain Tiers for
options transactions in QQQ and IWM classes for Priority Customers;
(iv) create a new tiered fee structure in Penny classes for Maker
rebates for MIAX PEARL Market Makers \4\ to carve out orders that are
contra to Priority Customer Origin and make a corresponding clarifying
change to MIAX PEARL Market Maker existing Maker tiers to clarify that
it will apply to MIAX PEARL Market Maker orders contra Origins ex
Priority Customer; (v) increase Taker fees in certain Tiers for options
transactions in Penny classes for MIAX PEARL Market Makers; (vi) create
a new tiered fee structure in Penny classes for Taker fees for MIAX
PEARL Market Makers to carve out orders that are contra to Priority
Customer Origin and make a corresponding clarifying change to MIAX
PEARL Market Maker existing Taker tiers to clarify that it will apply
to MIAX PEARL Market Maker orders contra Origins ex Priority Customer;
(vii) create a new tiered fee structure in Penny classes for Maker
rebates for Non-Priority Customers, Firms, Broker-Dealers and Non-MIAX
PEARL Market Makers (collectively herein ``Professional Members'') to
carve out orders that are contra to Priority Customer Origin and make a
corresponding clarifying change to Professional Member existing Maker
tiers to clarify that it will apply to Professional Members orders
contra Origins ex Priority Customer; (viii) increase Taker fees in
certain Tiers for options transactions in Penny classes for
Professional Members; (ix) create a new tiered fee structure in Penny
classes for Taker fees for Professional Members to carve out orders
that are contra to Priority Customer Origin and make a corresponding
clarifying change to Professional Member existing Taker tiers to
clarify that it will apply to Professional Members orders contra
Origins ex Priority Customer; and (x) and make a non-substantive
technical correction to remove VXX from the Taker fee carve out that
applies to all Penny classes other than SPY, QQQ, IWM, and VXX, for
Priority Customers.
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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 Interpretations and Policies .01.
    \4\ ``Market Maker'' means a Member registered with the Exchange
for the purpose of making markets in options contracts traded on the
Exchange. See the Definitions Section of the Fee Schedule and
Exchange Rule 100.
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    The Exchange currently assesses transaction rebates and fees to all
market participants which are based upon the total monthly volume
executed by the Member \5\ on MIAX PEARL in the relevant, respective
origin type (not including Excluded

Contracts) \6\ expressed as a percentage of TCV.\7\ In addition, the
per contract transaction rebates and fees are applied retroactively to
all eligible volume for that origin type once the respective threshold
tier (``Tier'') has been reached by the Member. The Exchange aggregates
the volume of Members and their Affiliates.\8\ Members that place
resting liquidity, i.e., orders resting on the book of the MIAX PEARL
System,\9\ are paid the specified ``maker'' rebate (each a ``Maker''),
and Members that execute against resting liquidity are assessed the
specified ``taker'' fee (each a ``Taker''). For opening transactions
and ABBO uncrossing transactions, per contract transaction rebates and
fees are waived for all market participants. Finally, Members are
assessed lower transaction fees and receive lower rebates for order
executions in standard option classes in the Penny Pilot Program \10\
(``Penny classes'') than for order executions in standard option
classes which are not in the Penny Pilot Program (``non-Penny
classes''), where Members are assessed higher transaction fees and
receive higher rebates. Transaction rebates and fees in Section (1)(a)
of the Fee Schedule are currently assessed according to the following
tables:
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    \5\ ``Member'' means an individual or organization that is
registered with the Exchange pursuant to Chapter II of the Exchange
Rules for purposes of trading on the Exchange as an ``Electronic
Exchange Member'' or ``Market Maker.'' Members are deemed
``members'' under the Exchange Act. See the Definitions Section of
the Fee Schedule and Exchange Rule 100.
    \6\ ``Excluded Contracts'' means any contracts routed to an away
market for execution. See the Definitions Section of the Fee
Schedule.
    \7\ ``TCV'' means total consolidated volume calculated as the
total national volume in those classes listed on MIAX PEARL for the
month for which the fees apply, excluding consolidated volume
executed during the period time in which the Exchange experiences an
``Exchange System Disruption'' (solely in the option classes of the
affected Matching Engine (as defined below)). The term Exchange
System Disruption, which is defined in the Definitions section of
the Fee Schedule, means an outage of a Matching Engine or collective
Matching Engines for a period of two consecutive hours or more,
during trading hours. The term Matching Engine, which is also
defined in the Definitions section of the Fee Schedule, is a part of
the MIAX PEARL electronic system that processes options orders and
trades on a symbol-by-symbol basis. Some Matching Engines will
process option classes with multiple root symbols, and other
Matching Engines may be dedicated to one single option root symbol
(for example, options on SPY may be processed by one single Matching
Engine that is dedicated only to SPY). A particular root symbol may
only be assigned to a single designated Matching Engine. A
particular root symbol may not be assigned to multiple Matching
Engines. The Exchange believes that it is reasonable and appropriate
to select two consecutive hours as the amount of time necessary to
constitute an Exchange System Disruption, as two hours equates to
approximately 1.4% of available trading time per month. The Exchange
notes that the term ``Exchange System Disruption'' and its meaning
have no applicability outside of the Fee Schedule, as it is used
solely for purposes of calculating volume for the threshold tiers in
the Fee Schedule. See the Definitions Section of the Fee Schedule.
    \8\ ``Affiliate'' means (i) an affiliate of a Member of at least
75% common ownership between the firms as reflected on each firm's
Form BD, Schedule A, or (ii) the Appointed Market Maker of an
Appointed EEM (or, conversely, the Appointed EEM of an Appointed
Market Maker). An ``Appointed Market Maker'' is a MIAX PEARL Market
Maker (who does not otherwise have a corporate affiliation based
upon common ownership with an EEM) that has been appointed by an EEM
and an ``Appointed EEM'' is an EEM (who does not otherwise have a
corporate affiliation based upon common ownership with a MIAX PEARL
Market Maker) that has been appointed by a MIAX PEARL Market Maker,
pursuant to the process described in the Fee Schedule. See the
Definitions Section of the Fee Schedule.
    \9\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \10\ See Securities Exchange Act Release No. 84865 (December 19,
2018), 83 FR 66813 (December 27, 2018) (SR-PEARL-2018-26).

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                                                                    Per contract rebates/fees for Penny classes            Per contract rebates/fees for
                                                         ----------------------------------------------------------------        Non-Penny classes
            Origin               Tier    Volume criteria                                                   QQQ, IWM, VXX -------------------------------
                                                               Maker          Taker *        SPY taker         taker          Maker          Taker *
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Priority Customer............       1   0.00%-0.10%.....         ($0.25)           $0.48           $0.43           $0.47         ($0.85)           $0.84
                                    2   Above 0.10%-              (0.40)            0.46            0.43            0.46          (0.95)            0.84
                                         0.35%.
                                    3   Above 0.35%-              (0.45)            0.44            0.42            0.44          (1.00)            0.84
                                         0.50%.
                                    4   Above 0.50%-              (0.52)            0.44            0.41            0.43          (1.03)            0.84
                                         0.75%.
                                    5   Above 0.75%-              (0.53)            0.44            0.40            0.42          (1.04)            0.84
                                         1.25%.
                                    6   Above 1.25%.....          (0.53)            0.43            0.38            0.40          (1.04)            0.84
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* For all Penny Classes other than SPY, QQQ, IWM, and VXX.

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                                                                                Per contract rebates/fees for   Per contract rebates/fees for
                                                                                Penny classes                 Non-Penny classes
                   Origin                        Tier             Volume criteria        ---------------------------------------------------------------
                                                                                Maker           Taker         Maker **        Taker **
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All MIAX PEARL Market Makers................          1   0.00%-0.15%...................         ($0.25)           $0.50         ($0.30)           $1.10
                                                      2   Above 0.15%-0.40% or Above              (0.40)            0.50          (0.30)            1.10
                                                           0.45% in SPY/QQQ/IWM.
                                                      3   Above 0.40%-0.65%.............          (0.40)            0.48          (0.60)            1.09
                                                      4   Above 0.65%-1.00% or Above              (0.47)            0.47          (0.65)            1.08
                                                           2.25% in SPY.
                                                      5   Above 1.00%-1.40%.............          (0.48)            0.45          (0.70)            1.07
                                                      6   Above 1.40%...................          (0.48)            0.44          (0.85)            1.06
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                                                                                Per contract rebates/fees for   Per contract rebates/fees for
                                                                                Penny classes                 Non-Penny classes
                   Origin                        Tier             Volume criteria        ---------------------------------------------------------------
                                                                                Maker
                                                                                Maker [caret]       Taker         **[caret]       Taker **
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Non-Priority Customer, Firm, BD, and Non-             1   0.00%-0.15%...................         ($0.25)           $0.50         ($0.30)           $1.10
 MIAX PEARL Market Makers.
                                                      2   Above 0.15%-0.40%.............          (0.40)            0.50          (0.30)            1.10
                                                      3   Above 0.40%-0.65%.............          (0.40)            0.48          (0.60)            1.10
                                                      4   Above 0.65%-1.00%.............          (0.47)            0.48          (0.65)            1.09
                                                      5   Above 1.00%-1.40%.............          (0.48)            0.48          (0.70)            1.08
                                                      6   Above 1.40%...................          (0.48)            0.48          (0.85)            1.07
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** Members may qualify for the Maker Rebate and the Taker Fee associated with the highest Tier for transactions in Non-Penny classes if the Member
  executes more than 0.30% volume in Non-Penny classes, not including Excluded Contracts, as compared to the TCV in all MIAX PEARL listed option
  classes. For purposes of qualifying for such rates, the Exchange will aggregate the volume transacted by Members and their Affiliates in the following
  Origin types in Non-Penny classes: MIAX PEARL Market Makers, and Non-Priority Customer, Firm, BD, and Non-MIAX PEARL Market Makers.
[caret] Members may qualify for Maker Rebates equal to the greater of: (A) (0.40) for Penny Classes and (0.65) for Non-Penny Classes, or (B) the amount
  set forth in the applicable Tier reached by the Member in the relevant Origin, if the Member and their Affiliates execute at least 1.50% volume in the
  relevant month, in Priority Customer Origin type, in all options classes, not including Excluded Contracts, as compared to the TCV in all MIAX PEARL
  listed option classes.
Except as otherwise set forth herein, the Volume Criteria is calculated based on the total monthly volume executed by the Member in all options classes
  on MIAX PEARL in the relevant Origin type, not including Excluded Contracts, (as the numerator) expressed as a percentage of (divided by) TCV (as the
  denominator). In Tier 2 for MIAX PEARL Market Makers, the alternative Volume Criteria (above 0.45% in SPY/QQQ/IWM) is calculated based on the total
  monthly volume executed by the Market Maker collectively in SPY, QQQ, and IWM options on MIAX PEARL in the relevant Origin type, not including
  Excluded Contracts, (as the numerator) expressed as a percentage of (divided by) SPY/QQQ/IWM TCV (as the denominator). In Tier 4 for MIAX PEARL Market
  Makers, the alternative Volume Criteria (above 2.25% in SPY) is calculated based on the total monthly volume executed by the Market Maker solely in
  SPY options on MIAX PEARL in the relevant Origin type, not including Excluded Contracts, (as the numerator) expressed as a percentage of (divided by)
  SPY TCV (as the denominator). The per contract transaction rebates and fees shall be applied retroactively to all eligible volume once the threshold
  has been reached by Member. The Exchange aggregates the volume of Members and their Affiliates in the Add/Remove Tiered Fees. The per contract
  transaction rebates and fees shall be waived for transactions executed during the opening and for transactions that uncross the ABBO.

Maker Rebates
    The Exchange proposes to decrease the Maker rebate amounts in
certain Tiers for options transactions in Penny classes for Priority
Customers. Specifically, for Priority Customer options transactions in
Penny classes, the Exchange proposes to decrease the Maker rebate in
Tier 4 from (0.52) to (0.51), in Tier 5 from (0.53) to (0.52), and in
Tier 6 from (0.53) to (0.52).
Taker Fees
    The Exchange proposes to: (i) Increase the Taker fees assessable to
Priority Customers in certain Tiers for options transactions in certain
Penny classes (excluding SPY, QQQ, and IWM), (ii) increase the Taker
fees assessable to MIAX PEARL Market Makers in certain Tiers for
options transactions in Penny classes, (iii) increase the Taker fees
assessable to Professional Members in certain Tiers for options
transactions in Penny classes, and (iv) decrease the Taker fees
assessable to Priority Customers in certain Tiers for options
transactions in QQQ and IWM classes.
    Specifically, the Exchange proposes to increase the Taker fees for
Priority Customer orders in options in certain Penny classes (excluding
SPY, QQQ, and IWM) in Tier 2 from 0.46 to 0.48, in Tier 3 from 0.44 to
0.46, and in Tier 4 from 0.44 to 0.45. The Exchange next proposes to
increase the Taker fees for MIAX PEARL Market Makers for options
transactions in Penny classes in Tier 3 from 0.48 to 0.49, in Tier 4
from 0.47 to 0.48, in Tier 5 from 0.45 to 0.46, and in Tier 6 from 0.44
to 0.45. The Exchange further proposes to increase the Taker fees for
Professional Members for options transactions in Penny classes in Tier
3 from 0.48 to 0.49, and in Tier 4 from 0.48 to 0.49. Lastly, the
Exchange proposes to decrease the Taker fees for Priority Customer
orders in options in QQQ and IWM classes in Tier 1 from 0.47 to 0.44,
and in Tier 2 from 0.46 to 0.44.
New Tiered Fee Structure for MIAX PEARL Market Makers
    The Exchange proposes to: (i) Create a new tiered fee structure in
Penny classes for Maker rebates for MIAX PEARL Market Makers to carve
out orders that are contra to Priority Customer Origin and make a
corresponding clarifying change to MIAX PEARL Market Maker existing
Maker tiers to clarify that it will apply to MIAX PEARL Market Maker
orders contra Origins ex Priority Customer; and (ii) create a new
tiered fee structure in Penny classes for Taker fees for MIAX PEARL
Market Makers to carve out orders that are contra to Priority Customer
Origin and make a corresponding clarifying change to MIAX PEARL Market
Maker existing Taker tiers to clarify that it will apply to MIAX PEARL
Market Maker orders contra Origins ex Priority Customer. Specifically,
the Exchange proposes to amend the MIAX PEARL Market Maker table to
establish a separate, additional tiered structure in Penny classes of
Maker rebates for options transactions where the contra order is from a
Priority Customer Origin. The Exchange currently does not distinguish
Maker rebates for MIAX PEARL Market Makers based on the contra Origin
type, but believes that making this distinction will provide greater
granularity with respect to Maker rebates. The Exchange also proposes
to make a corresponding change to the MIAX PEARL Market Maker table to
clarify that the existing Maker rebates would apply to orders from all
Origins except for those with a Priority Customer Origin, which would
have their own carve out, by inserting the language ``Contra Origins ex
Priority Customer'' right after the word ``Maker'' in the table.
    Further, the Exchange proposes to amend the MIAX PEARL Market Maker
table to establish a separate, additional tiered structure in Penny
classes of Taker fees for options transactions where the contra order
is from a Priority Customer Origin. The Exchange currently does not
distinguish Taker fees for MIAX PEARL Market Makers based on the contra
Origin, but believes that making this distinction will provide greater
granularity with respect to Taker fees. The Exchange also proposes to
make a corresponding change to the MIAX PEARL Market Maker table to
clarify that the existing Taker fees

would apply to orders from all Origins except for those with a Priority
Customer Origin, which would have their own carve out, by inserting the
language ``Contra Origins ex Priority Customer'' right after the word
``Taker'' in the table.
    The Exchange believes that the proposed new tiered fee structure
for Maker rebates and Taker fees for MIAX PEARL Market Makers, carving
out orders that are contra to Priority Customer Origin and the
corresponding changes to the existing tiers will provide more
granularity to the Fee Schedule, which will continue to provide
appropriate incentives for Exchange Members to provide aggressive
liquidity to attract Priority Customer transactions so that they can
achieve higher rebates and lower fees. The Exchange believes these
rebates and fees should continue to make MIAX PEARL an attractive venue
where the Exchange's Members are incentivized to provide liquidity to
attract Priority Customer orders, deepening and enhancing the quality
of the MIAX PEARL marketplace. This should in turn provide more trading
opportunities and tighter spreads for other market participants and
result in a corresponding increase in order flow from such other market
participants.
New Tiered Fee Structure for Professional Members
    The Exchange proposes to: (i) Create a new tiered fee structure in
Penny classes for Maker rebates for Professional Members to carve out
orders that are contra to Priority Customer Origin and make a
corresponding clarifying change to Professional Member existing Maker
tiers to clarify that it will apply to Professional Members orders
contra Origins ex Priority Customer; and (ii) create a new tiered fee
structure in Penny classes for Taker fees for Professional Members to
carve out orders that are contra to Priority Customer Origin and make a
corresponding clarifying change to Professional Member existing Taker
tiers to clarify that it will apply to Professional Member orders
contra Origins ex Priority Customer. Specifically, the Exchange
proposes to amend the Professional Member table to establish a
separate, additional tiered structure in Penny classes of Maker rebates
for options transactions where the contra order is from a Priority
Customer Origin. The Exchange currently does not distinguish Maker
rebates for Professional Members based on the contra Origin type, but
believes that making this distinction will provide greater granularity
with respect to Maker rebates. The Exchange also proposes to make a
corresponding change to the Professional Member table to clarify that
the existing Maker rebates would apply to orders from all Origins
except for those with a Priority Customer Origin, which would have
their own carve out, by inserting the language ``Contra Origins ex
Priority Customer'' right after the word ``Maker'' in the table.
    Further, the Exchange proposes to amend the Professional Member
table to establish a separate, additional tiered structure in Penny
classes of Taker fees for options transactions where the contra order
is from a Priority Customer Origin. The Exchange currently does not
distinguish Taker fees for Professional Members based on the contra
Origin, but believes that making this distinction will provide greater
granularity with respect to Taker fees. The Exchange also proposes to
make a corresponding change to the Professional Member table to clarify
that the existing Taker fees would apply to orders from all Origins
except for those with a Priority Customer Origin, which would have
their own carve out, by inserting the language ``Contra Origins ex
Priority Customer'' right after the word ``Taker'' in the table.
    The Exchange believes that the proposed new tiered fee structure in
Penny classes for Maker rebates and Taker fees for Professional
Members, carving out orders that are contra to Priority Customer Origin
and the corresponding changes to the existing tiers will provide more
granularity to the Fee Schedule, which will continue to provide
appropriate incentives for Exchange Members to provide aggressive
liquidity to attract Priority Customer transactions so that they can
achieve higher rebates and lower fees. The Exchange believes these
rebates and fees should continue to make MIAX PEARL an attractive venue
where the Exchange's Members are incentivized to provide liquidity to
attract Priority Customer orders, deepening and enhancing the quality
of the MIAX PEARL marketplace. This should in turn provide more trading
opportunities and tighter spreads for other market participants and
result in a corresponding increase in order flow from such other market
participants.
Technical Correction
    The Exchange proposes to make a non-substantive technical
correction to remove VXX from the Taker fee carve out that applies to
all Penny classes other than SPY, QQQ, IWM, and VXX, for Priority
Customers. By way of background, VXX options were authorized to be
listed for trading on the Exchange pursuant to Rule 402, but are no
longer listed for trading since the VXX ETN matured on January 30, 2019
\11\ and VXX ETN shares are no longer listed for trading on equity
trading venues. Accordingly, the Exchange proposes to amend its Fee
Schedule to delete the symbol VXX from the Taker fee carve out that
applies to all Penny classes other than SPY, QQQ, IWM, and VXX, for
Priority Customers. Specifically, the Exchange proposes to delete the
symbol VXX from the ``QQQ, IWM, VXX Taker'' column of the Exchange
Rebates/Fees--Add/Remove Tiered Rebates/Fees, for Priority Customer
transactions, and to delete VXX from the explanatory sentence beneath
the Priority Customer table (referenced by way of an asterisk to the
Taker fee) to make it clear that VXX will no longer be carved out from
the Taker fee that applies to all Penny classes other than SPY, QQQ,
and IWM. The amendment to remove VXX as a carve out from the Taker fee
that applies to all Penny classes other than SPY, QQQ, IWM, and VXX,
for Priority Customers, is intended to eliminate any potential
confusion and to make it clear to market participants that VXX will no
longer be part of the carve out that will continue to apply to Priority
Customer transactions in SPY, QQQ, and IWM.
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    \11\ See Prospectus and Pricing Supplement for iPath S&P 500 VIX
Short-Term Futures ETN available at http://www.ipathetn.com/US/16/en/documentation.app?instrumentId=259118&documentId=6204338.
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    The purpose of adjusting the specified Taker fees and the specified
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 and Taker fees 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\
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    \12\ See Securities Exchange Act Release Nos. 80915 (June 13,
2017), 82 FR 27912 (June 19, 2017) (SR-PEARL-2017-29); 80914 (June
13, 2017), 82 FR 27910 (June 19, 2017) (SR-PEARL-2017-30).
    \13\ See Cboe BZX Options Exchange Fee Schedule, under
``Transaction Fees.''
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    Cboe BZX Exchange, Inc. (``Cboe BZX'') generally provides for
similar fees and rebates. For example, under threshold criteria similar
to MIAX PEARL's proposed Maker rebates in Priority Customer Tiers 4, 5
and 6 for

Penny classes, Cboe BZX's Customer Penny Pilot Add Tiers 3, 4 and 5
provides for rebates of $0.51, $0.52, and $0.53, respectively.\14\
Additionally, under threshold criteria similar to MIAX PEARL's proposed
Taker fees in Priority Customer Tiers 2, 3 and 4; and in Priority
Customer transactions in QQQ and IWM, Tiers 1 and 2 for Penny classes,
Cboe BZX charges a fee of $0.50 for Customer Penny Pilot transactions
that remove liquidity.\15\ Additionally, under threshold criteria
similar to MIAX PEARL's proposed Taker fees in Market Maker Tiers 3, 4,
5 and 6 for Penny classes, Cboe BZX charges Market Makers a fee of
$0.44, $0.47 and $0.44 for non-Customer Penny Pilot Take Volume Tiers
1, 2 and 3, respectively.\16\ Finally, under threshold criteria similar
to MIAX PEARL's proposed Taker fees in Professional Member Tiers 3 and
4 for Penny classes, Cboe BZX charges Professionals a fee of $0.47 and
$0.44 for non-Customer Penny Pilot Take Volume Tiers 2 and 3,
respectively.\17\
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    \14\ See Cboe BZX Options Exchange Fee Schedule, under
``Transaction Fees,'' ``Customer Penny Pilot Add Tiers.''
    \15\ See Cboe BZX Options Exchange Fee Schedule, under
``Transaction Fees,'' ``Customer Remove Rates.''
    \16\ See Cboe BZX Options Exchange Fee Schedule, under
``Transaction Fees,'' ``Non-Customer Penny Pilot Take Volume
Tiers.''
    \17\ See id.
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    Further, BOX Exchange LLC (``BOX'') generally provides for a
similar tiered structure of rebates and fees. Specifically, similar to
MIAX PEARL's proposed tiered fee structure for Maker rebates and Taker
fees for MIAX PEARL Market Makers and Professional Members, carving out
orders that are contra to Priority Customer Origin, BOX has different
rebates and fees depending on the contra party.\18\ For example, for
orders submitted by Professional Customers or Broker Dealers, BOX
offers different rebates and charges different fees depending on
whether the contra is a Public Customer, Professional Customer/Broker
Dealer, or Market Maker,\19\ which is similar to MIAX PEARL's proposed
tiered rebate and fee structure for Professional Members. Similarly,
like MIAX PEARL's proposed tiered rebate and fee structure for Market
Makers, BOX offers different rebates and charges different fees
depending on whether the contra party to a Market Maker order is a
Public Customer, Professional Customer/Broker Dealer or a Market
Maker.\20\
---------------------------------------------------------------------------

    \18\ See BOX Options Section I., Electronic Transaction Fees.
    \19\ See id.
    \20\ See id.
---------------------------------------------------------------------------

    With all proposed changes, Section (1)(a) of the Fee Schedule shall
be the following:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Per contract rebates/fees for Penny classes            Per contract rebates/fees for
                                                         ----------------------------------------------------------------        Non-Penny classes
            Origin               Tier    Volume criteria                                                                 -------------------------------
                                                               Maker          Taker *        SPY taker    QQQ, IWM taker      Maker           Taker
--------------------------------------------------------------------------------------------------------------------------------------------------------
Priority Customer............       1   0.00%-0.10%.....         ($0.25)           $0.48           $0.43           $0.44         ($0.85)           $0.84
                                    2   Above 0.10%-              (0.40)            0.48            0.43            0.44          (0.95)            0.84
                                         0.35%.
                                    3   Above 0.35%-              (0.45)            0.46            0.42            0.44          (1.00)            0.84
                                         0.50%.
                                    4   Above 0.50%-              (0.51)            0.45            0.41            0.43          (1.03)            0.84
                                         0.75%.
                                    5   Above 0.75%-              (0.52)            0.44            0.40            0.42          (1.04)            0.84
                                         1.25%.
                                    6   Above 1.25%.....          (0.52)            0.43            0.38            0.40          (1.04)            0.84
--------------------------------------------------------------------------------------------------------------------------------------------------------
* For all Penny Classes other than SPY, QQQ, and IWM.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Per contract rebates/fees for Penny classes            Per contract rebates/fees for
                                                         ----------------------------------------------------------------        Non-Penny classes
                                                           Maker (contra   Maker (contra   Taker (contra   Taker (contra -------------------------------
            Origin               Tier    Volume criteria    origins ex       priority       origins ex       priority
                                                             priority        customer        priority        customer        Maker **        Taker **
                                                             customer)        origin)        customer)        origin)
--------------------------------------------------------------------------------------------------------------------------------------------------------
All MIAX PEARL Market Makers.       1   0.00%-0.15%.....          (0.25)          (0.23)            0.50            0.50          (0.30)            1.10
                                    2   Above 0.15%-              (0.40)          (0.38)            0.50            0.50          (0.30)            1.10
                                         0.40% or Above
                                         0.45% in SPY/
                                         QQQ/IWM.
                                    3   Above 0.40%-              (0.40)          (0.38)            0.49            0.50          (0.60)            1.09
                                         0.65%.
                                    4   Above 0.65%-              (0.47)          (0.45)            0.48            0.49          (0.65)            1.08
                                         1.00% or Above
                                         2.25% in SPY.
                                    5   Above 1.00%-              (0.48)          (0.46)            0.46            0.47          (0.70)            1.07
                                         1.40%.

                                    6   Above 1.40%.....          (0.48)          (0.47)            0.45            0.46          (0.85)            1.06
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                    Per contract rebates/fees for Penny classes            Per contract rebates/fees for
                                                         ----------------------------------------------------------------        Non-Penny classes
                                                               Maker           Maker                                     -------------------------------
                                                            [supcaret]      [supcaret]     Taker (contra   Taker (contra
            Origin               Tier    Volume criteria      (contra         (contra       origins ex       priority
                                                            origins ex       priority        priority        customer        Maker **        Taker **
                                                             priority        customer        customer)        origin)       [supcaret]
                                                             customer)        origin)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-Priority Customer, Firm,        1   0.00%-0.15%.....         ($0.25)         ($0.23)           $0.50           $0.50         ($0.30)           $1.10
 BD, and Non-MIAX PEARL
 Market Makers.
                                    2   Above 0.15%-              (0.40)          (0.38)            0.50            0.50          (0.30)            1.10
                                         0.40%.
                                    3   Above 0.40%-              (0.40)          (0.38)            0.49            0.50          (0.60)            1.10
                                         0.65%.
                                    4   Above 0.65%-              (0.47)          (0.45)            0.49            0.50          (0.65)            1.09
                                         1.00%.
                                    5   Above 1.00%-              (0.48)          (0.46)            0.48            0.50          (0.70)            1.08
                                         1.40%.
                                    6   Above 1.40%.....          (0.48)          (0.46)            0.48            0.50          (0.85)            1.07
--------------------------------------------------------------------------------------------------------------------------------------------------------
** Members may qualify for the Maker Rebate and the Taker Fee associated with the highest Tier for transactions in Non-Penny classes if the Member
  executes more than 0.30% volume in Non-Penny classes, not including Excluded Contracts, as compared to the TCV in all MIAX PEARL listed option
  classes. For purposes of qualifying for such rates, the Exchange will aggregate the volume transacted by Members and their Affiliates in the following
  Origin types in Non-Penny classes: MIAX PEARL Market Makers, and Non-Priority Customer, Firm, BD, and Non-MIAX PEARL Market Makers.
[supcaret] Members may qualify for Maker Rebates equal to the greater of: (A) ($0.40) for Penny Classes and ($0.65) for Non-Penny Classes, or (B) the
  amount set forth in the applicable Tier reached by the Member in the relevant Origin, if the Member and their Affiliates execute at least 1.50% volume
  in the relevant month, in Priority Customer Origin type, in all options classes, not including Excluded Contracts, as compared to the TCV in all MIAX
  PEARL listed option classes.
Except as otherwise set forth herein, the Volume Criteria is calculated based on the total monthly volume executed by the Member in all options classes
  on MIAX PEARL in the relevant Origin type, not including Excluded Contracts, (as the numerator) expressed as a percentage of (divided by) TCV (as the
  denominator). In Tier 2 for MIAX PEARL Market Makers, the alternative Volume Criteria (above 0.45% in SPY/QQQ/IWM) is calculated based on the total
  monthly volume executed by the Market Maker collectively in SPY, QQQ, and IWM options on MIAX PEARL in the relevant Origin type, not including
  Excluded Contracts, (as the numerator) expressed as a percentage of (divided by) SPY/QQQ/IWM TCV (as the denominator). In Tier 4 for MIAX PEARL Market
  Makers, the alternative Volume Criteria (above 2.25% in SPY) is calculated based on the total monthly volume executed by the Market Maker solely in
  SPY options on MIAX PEARL in the relevant Origin type, not including Excluded Contracts, (as the numerator) expressed as a percentage of (divided by)
  SPY TCV (as the denominator). The per contract transaction rebates and fees shall be applied retroactively to all eligible volume once the threshold
  has been reached by Member. The Exchange aggregates the volume of Members and their Affiliates in the Add/Remove Tiered Fees. The per contract
  transaction rebates and fees shall be waived for transactions executed during the opening and for transactions that uncross the ABBO.

    The proposed changes are scheduled to become operative March 1,
2019.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \21\ in general, and
furthers the objectives of Section 6(b)(4) of the Act,\22\ 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,\23\ 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.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b).
    \22\ 15 U.S.C. 78f(b)(4).
    \23\ 15 U.S.C. 78f(b)(1) and (b)(5).
---------------------------------------------------------------------------

    The proposed Maker rebate decreases in certain specified Tiers
applicable to orders submitted by Priority Customers in Penny classes
are 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 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
Maker rebate to Priority Customer orders in Penny classes because for
competitive and business reasons, the Exchange initially set its Maker
rebates for such orders higher than certain other options exchanges
that operate comparable maker/taker pricing models.\24\ The Exchange
now believes that it is appropriate to further decrease those specified
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.\25\
---------------------------------------------------------------------------

    \24\ See supra note 13.
    \25\ See supra note 14.
---------------------------------------------------------------------------

    Furthermore, the proposed decreases to the 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 decreases, the Exchange's
proposed 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.\26\ 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.
---------------------------------------------------------------------------

    \26\ See id.
---------------------------------------------------------------------------

    The proposed Taker fee adjustments in certain specified Tiers
applicable to certain orders submitted by Priority Customers in Penny
classes (excluding SPY, QQQ, and IWM), Priority Customers in QQQ and
IWM, MIAX PEARL Market Makers in Penny classes, and Professional
Members in Penny classes are reasonable, equitable and not unfairly
discriminatory because all similarly situated market participants in
the same Origin type are subject to the same tiered Taker fees and
access to the Exchange is offered on terms that are not unfairly
discriminatory. For competitive and business reasons, the Exchange
initially set its Taker fees for such orders generally lower than
certain other options exchanges that operate comparable maker/taker
pricing models.\27\ The Exchange now believes that it is appropriate to
further increase those specified Taker fees 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. The Exchange further believes that it
is appropriate to decrease the Taker fees for Priority Customers in QQQ
and IWM because these select products are generally more liquid than
other options classes. The Exchange notes that, even as amended, its
Taker fees are generally lower than certain other options exchanges
operating competing models.\28\ The Exchange believes for these reasons
that increasing certain Taker fees for transactions in the specified
Tiers is equitable, reasonable and not unfairly discriminatory, and
thus consistent with the Act.
---------------------------------------------------------------------------

    \27\ See supra notes 15 and 16.
    \28\ See id.
---------------------------------------------------------------------------

    Furthermore, the proposed adjustments to the Taker fees for
Priority Customers in certain Penny classes (excluding SPY, QQQ, and
IWM), Priority Customers in QQQ and IWM, MIAX PEARL Market Makers in
Penny classes, and Professional Members in Penny classes 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
increases to Taker fees for Priority Customers in certain Penny classes
(excluding SPY, QQQ, and IWM), MIAX PEARL Market Makers in Penny
classes, and Professional Members in Penny classes, and the decreases
to Taker fees for Priority Customers in QQQ and IWM, the Exchange's
proposed Taker fees 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 adjusted, will continue to
encourage those market participants to send orders to the Exchange. To
the extent that order flow is increased by the proposal, market
participants will increasingly compete for the opportunity to trade on
the Exchange, including sending more orders which will have the
potential to be assessed lower fees and higher rebates than certain
other competing options exchanges. The resulting increased volume and
liquidity will benefit all Exchange participants by providing more
trading opportunities and tighter spreads.
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed new tiered fee structure
for Maker rebates and Taker fees for MIAX PEARL Market Makers and
Professional Members, carving out orders that are contra to Priority
Customer Origin and the corresponding changes to the existing tiers are
is reasonable, equitable and not unfairly discriminatory because the
new tiered fee structures is consistent with other options markets that
also assess different transaction fees depending on the contra
Origin.\30\ Additionally, the Exchange believes proposal 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 the proposed new tiered fee structure 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 the proposal
provides more granularity to the Fee Schedule, which will continue to
provide appropriate incentives for Exchange Members to provide
aggressive liquidity to attract Priority Customer transactions so that
they can achieve higher rebates and lower fees. The Exchange believes
these rebates and fees should continue to make MIAX PEARL an attractive
venue where the Exchange's Members are incentivized to submit Priority
Customer orders, deepening and enhancing the quality of the MIAX PEARL
marketplace. This will benefit all market participants through
increased liquidity, tighter markets and greater order interaction.
---------------------------------------------------------------------------

    \30\ See supra note 18.
---------------------------------------------------------------------------

    Further, the Exchange believes that removing VXX from the Taker fee
carve out that currently applies to Penny classes other than SPY, QQQ,
IWM, and VXX, for Priority Customers, is reasonable, equitable and not
unfairly discriminatory because this proposal is intended only as a
technical correction as VXX options are no longer listed for trading on
the Exchange, and therefore, will no longer be included in the Taker
fee carve out. The Exchange believes that removing VXX from the Taker
fee carve out 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 it would eliminate any potential confusion and make
it clear to market participants that VXX will no longer be included in
the Taker fee carve out as VXX options are no longer listed for trading
on the Exchange as a result of the VXX ETN maturity on January 30,
2019.\31\
---------------------------------------------------------------------------

    \31\ See supra note 11.
---------------------------------------------------------------------------

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

    MIAX PEARL does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
proposed changes in the specified Maker rebates and Taker fees for the
applicable market participants should continue to encourage the
provision of liquidity that enhances the quality of the Exchange's

market and increases the number of trading opportunities on MIAX PEARL
for all participants who will be able to compete for such
opportunities. The proposed rule change 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 Maker rebate decreases and Taker fee adjustments 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.
    The Exchange believes that the proposed new tiered fee structure
for Maker rebates and Taker fees for MIAX PEARL Market Makers and
Professional Members, carving out orders that are contra to Priority
Customer Origin and the corresponding changes to the existing tiers 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 which offer comparable tiered fee structures for Maker
rebates and Taker fees which distinguish by contra Origin type.
    Further, the Exchange does not believe that removing VXX from the
Taker fee carve out that currently applies to Penny classes other than
SPY, QQQ, IWM, and VXX, for Priority Customers, will impose any burden
on competition not necessary or appropriate in furtherance of the
purposes of the Act because the proposal to remove VXX from the Taker
fee carve out is intended only as a technical correction, as VXX
options are no longer listed for trading on the Exchange, and
therefore, will no longer be included in the Taker fee carve out.
Additionally, this proposed rule change would eliminate any potential
confusion and make it clear to market participants that VXX will no
longer be included in the Taker fee carve out as VXX options are no
longer listed for trading on the Exchange as a result of the VXX ETN
maturity on January 30, 2019.\32\
---------------------------------------------------------------------------

    \32\ See id.
---------------------------------------------------------------------------

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,\33\ and Rule 19b-4(f)(2) \34\ 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.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \34\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-PEARL-2019-07 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-PEARL-2019-07. 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 offices of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-PEARL-2019-07, and should be submitted
on or before April 9, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
---------------------------------------------------------------------------

    \35\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-05088 Filed 3-18-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Page 34377]
[FR Doc No: 2013-13597]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9009-5]

Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements.
Filed 05/28/2013 Through 05/31/2013.
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20130149, Final EIS, FRA, IA, Chicago to Council Bluffs-Omaha
Regional Passenger Rail System Planning Study Tier 1, Review Period
Ends: 07/08/2013, Contact: Andrea Martin<PHONE_NUMBER>.
EIS No. 20130150, Final Supplement, FTA, MN, Central Corridor Light
Rail Transit Project, Construction-Related Potential Impacts on
Business Revenues, Review Period Ends: 07/08/2013, Contact: Maya Sarna
(202) 366-5811.
EIS No. 20130151, Final EIS, BR, CA, Klamath Facilities Removal, Review
Period Ends: 07/08/2013, Contact: Elizabeth Vasquez<PHONE_NUMBER>.
EIS No. 20130152, Final EIS, USACE, CA, Sierra Vista Specific Plan
(SPK-2006-01050), Review Period Ends: 07/08/2013, Contact: Kathy Norton
916-557-5260.
EIS No. 20130153, Draft EIS, FTA, CA, Downtown San Francisco Ferry
Terminal Expansion Project, Comment Period Ends: 07/30/2013, Contact:
Mary Nguyen<PHONE_NUMBER>.
EIS No. 20130154, Final EIS, FTA, WA, Mukilteo Multimodal Project,
Review Period Ends: 07/08/2013, Contact: Daniel G. Drais<PHONE_NUMBER>.
EIS No. 20130155, Draft EIS, USFS, ID, Beaver Creek Project, Comment
Period Ends: 07/23/2013, Contact: Lauren Goschke<PHONE_NUMBER>.
EIS No. 20130156, Draft EIS, BR, NV, Newlands Project Resource
Management Plan, Comment Period Ends: 07/29/2013, Contact: Bob Edwards
775-882-7592.
EIS No. 20130157, Draft Supplement, FTA, HI, Honolulu Rail Transit
Project (formerly the Honolulu High-Capacity Transit Corridor Project),
Comment Period Ends: 07/22/2013, Contact: Mary Nguyen<PHONE_NUMBER>.
EIS No. 20130158, Final EIS, NPS, TX, Guadalupe Mountains National Park
General Management Plan, Review Period Ends: 07/08/2013, Contact:
Dennis A. Vasquez<PHONE_NUMBER>.
EIS No. 20130159, Final Supplement, USACE, IN, Indianapolis North Flood
Damage Reduction Project, Review Period Ends: 07/08/2013, Contact:
Bonnie Jennings<PHONE_NUMBER>.

Amended Notices

EIS No. 20130148, Draft Supplement, USACE, FL, Jacksonville Harbor
Navigation, Comment Period Ends: 07/15/2013, Contact: Paul Stodola 904-
232-3271.
 Revision to FR Notice Published 5/31/13; Change Agency Contact Name
and Phone Number to Paul Stodola<PHONE_NUMBER>.

    Dated: June 4, 2013.
Aimee S. Hessert,
Deputy Director, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2013-13597 Filed 6-6-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Rules and Regulations]
[Pages 14576-14579]
[FR Doc No: 2018-06750]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0178; Airspace Docket No. 17-AWA-3]
RIN 2120-AA66

Amendment of Class B Airspace Description; St. Louis, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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

SUMMARY: This action amends the description of the St. Louis, MO, Class
B airspace area by changing the references for defining the center
point of the airspace from the Cardinal VHF Omnidirectional Range/
Distance Measuring Equipment (VOR/DME) to ``Point of Origin'' due to
the planned decommissioning of the Cardinal, MO, VOR/DME. The St. Louis
Class B airspace description is edited further to update the St. Louis
Lambert International Airport name, St. Charles County Smartt Airport
name, and airport reference point (ARP) geographic coordinates for the
airports to match the current information in the FAA's aeronautical
database. The Creve Coeur Airport ARP and St. Louis Lambert
International Airport Instrument Landing System (ILS) Runway 30L
Localizer geographic coordinates are also updated to match the FAA's
aeronautical database. In addition, the airspace description is edited
throughout to improve accuracy and clarity. These changes are editorial
only and do not alter the current charted boundaries, altitudes, or ATC
procedures for the St. Louis, MO, Class B airspace area.

DATES: Effective date: 0901 UTC, June 21, 2018. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it makes editorial corrections to an existing Class B airspace
description to maintain accuracy.

History

    The St. Louis Class B airspace area was established as a ``Terminal
Control Area (TCA)'' on January 1, 1974 (38 FR 31286, November 13,
1973). In 1993, as part of the Airspace Reclassification Final Rule (56
FR 65638, December 17, 1991), the term ``terminal control area'' was
replaced by ``Class B airspace area.'' When the St. Louis TCA was
established, the airspace was designed using the latitude/longitude
position of the ASR antenna on the St. Louis International Airport as
the center point. In 2006, the FAA amended the, then, St. Louis Class B
airspace to ensure containment of large, turbine-powered aircraft
operations to and from the ``new'' Runway 11/29 at the Lambert-St.
Louis International Airport (71 FR 7848,

February 15, 2006). At the same time, the Class B airspace was
reconfigured to use the Cardinal VOR/DME as the center point.
    As part of the FAA's VOR Minimum Operating Network (VOR MON)
program\1\, the Cardinal VOR was initially identified as a candidate
VOR for discontinuance and is now planned for decommissioning on
November 8, 2018. So there will be no change to the existing charted
boundaries of the St. Louis Class B airspace area on Visual Flight
Rules (VFR) aeronautical charts, the FAA is retaining the same
geographic latitude/longitude coordinates of the Cardinal VOR/DME
location as the center point for the Class B airspace. To accomplish
this, all references to the Cardinal VOR/DME in the St. Louis Class B
airspace description (as published in FAA Order 7400.11B) are replaced
by ``Point of Origin.'' This practice is consistent with other Class B
airspace locations that do not have a suitable navigation aid located
on the airport.
---------------------------------------------------------------------------

    \1\ Listed in the Final policy statement notice, ``Provision of
Navigation Services for the Next Generation Air Transportation
System (NextGen) Transition to Performance-Based Navigation (PBN)
(Plan for Establishing a VOR Minimum Operational Network),''
published in the Federal Register of July 26, 2016 (81 FR 48694).
---------------------------------------------------------------------------

    Additionally, the FAA is making several other administrative
updates to the Class B description to enhance the accuracy of the
description and to clearly define each of the sub-areas that make up
the Class B airspace area.
    Class B airspace designations are published in paragraph 3000 of
FAA Order 7400.11B, dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR 71.1. The Class B
airspace designations listed in this document will be subsequently
published in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 by editing the description of the St. Louis, MO, Class B
airspace (as published in FAA Order 7400.11B) to remove references to
the ``Cardinal VOR/DME'' and replace them with ``Point of Origin'' for
defining the center point of the airspace. The Point of Origin uses the
same geographic latitude/longitude coordinates of the Cardinal VOR/DME
location. The FAA is taking this action so that the currently charted
boundaries of the Class B airspace area are not affected by the planned
decommissioning of the Cardinal VOR/DME.
    The Class B airspace description is also edited to update the
``Lambert-St. Louis International Airport'' name to ``St. Louis Lambert
International Airport'' and the ``St. Charles Municipal Airport'' name
to ``St. Charles County Smartt Airport.'' Additionally, the geographic
coordinates for the St. Louis Lambert International Airport ARP are
updated from ``lat. 38[deg]44'50'' N., long. 90[deg]21'41'' W.'' to
``lat. 38[deg]44'55'' N., long. 90[deg]22'12'' W.''; the geographic
coordinates for the St. Charles County Smartt Airport ARP are updated
from ``lat. 38[deg]50'55'' N., long. 90[deg]30'00'' W.'' to ``lat.
38[deg]55'47'' N., long. 90[deg]25'48'' W.''; the geographic
coordinates for the Creve Coeur Airport ARP are updated from ``lat.
38[deg]43'36'' N., long. 90[deg]30'30'' W.'' to ``lat. 38[deg]43'38''
N., long. 90[deg]30'30'' W.''; and the geographic coordinates for the
St. Louis Lambert International Airport ILS Runway 30L Localizer are
updated from ``lat. 38[deg]45'17'' N., long. 90[deg]22'52'' W.'' to
``lat. 38[deg]45'19'' N., long. 90[deg]22'56'' W.'' These airport name
and geographic coordinate updates are made to match the data currently
contained in the FAA's aeronautical database.
    Lastly, the Class B airspace description is also edited to describe
each existing sub-area as an independent area to improve the clarity of
the Class B airspace area description overall.
    Because this action is a minor editorial change that does not alter
the currently charted boundaries, altitudes, or ATC procedures for the
St. Louis Lambert International Airport, I find that notice and public
procedure under 5 U.S.C Sec.  553(b) are unnecessary and contrary to
the public interest.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action of amending the description
of the St. Louis, MO, Class B airspace area by changing the references
for defining the center point of the airspace from the Cardinal VHF
Omnidirectional Range/Distance Measuring Equipment (VOR/DME) to ``Point
of Origin'' due to the planned decommissioning of the Cardinal, MO,
VOR/DME, qualifies for categorical exclusion under the National
Environmental Policy Act and its agency-specific implementing
regulations in FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures'' regarding categorical exclusions for procedural actions at
paragraph 5-6.5.a, which categorically excludes from full environmental
impact review rulemaking actions that designate or modify classes of
airspace areas, airways, routes, and reporting points. This airspace
action is an editorial change only and is not expected to result in any
potentially significant environmental impacts. In accordance with FAA
Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances,
this action has been reviewed for factors and circumstances in which a
normally categorically excluded action may have a significant
environmental impact requiring further analysis, and it is determined
that no extraordinary circumstances exist that warrant preparation of
an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, signed August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 3000 Subpart B--Class B Airspace.

* * * * *

ACE MO B St. Louis, MO

St. Louis Lambert International Airport, MO (Primary Airport)
    (Lat. 38[deg]44'55'' N, long. 90[deg]22'12'' W)
Creve Coeur Airport, MO
    (Lat. 38[deg]43'38'' N, long. 90[deg]30'30'' W)
St. Charles County Smartt Airport, MO
    (Lat. 38[deg]55'47'' N, long. 90[deg]25'48'' W)
Point of Origin
    (Lat. 38[deg]45'10'' N, long. 90[deg]21'39'' W)
Foristell VORTAC
    (Lat. 38[deg]41'40'' N, long. 90[deg]58'17'' W)
ILS Runway 30L Localizer
    (Lat. 38[deg]45'19'' N, long. 90[deg]22'56'' W)

Boundaries

    Area A. That airspace extending upward from the surface to and
including 8,000 feet MSL within a 6-NM radius of the Point of Origin,
excluding that airspace within a 1.5-NM radius of the Creve Coeur
Airport.
    Area B. That airspace extending upward from 1,700 feet MSL to and
including 8,000 feet MSL within an area bounded by a line beginning at
the intersection of the 6-NM radius of the Point of Origin and Page
Avenue; then northwest along Page Avenue to intersect Missouri Route
94; then west along Missouri Route 94 to intersect the 10-NM radius of
the Point of Origin; then clockwise along the 10-NM radius of the Point
of Origin to intersect the power lines located 2-NM north of the St.
Charles County Smartt Airport; then southeast along the power lines to
intersect the 6-NM radius of the Point of Origin; then counterclockwise
along the 6-NM radius of the Point of Origin to intersect the 1.5-NM
radius of the Creve Coeur Airport; then clockwise along the 1.5-NM
radius of the Creve Coeur Airport to intersect the 6-NM radius of the
Point of Origin; then counterclockwise along the 6-NM radius of the
Point of Origin to the point of beginning.
    Area C. That airspace extending upward from 2,000 feet MSL to and
including 8,000 feet MSL within an area bounded by a line beginning at
the intersection of the 10-NM radius of the Point of Origin and the
power lines located 2-NM north of the St. Charles County Smartt
Airport; then clockwise along the 10-NM radius of the Point of Origin
to intersect Interstate 64; then west along Interstate 64 to intersect
the 10-NM radius of the Point of Origin; then clockwise along the 10-NM
radius of the Point of Origin to intersect Missouri Route 94; then
eastward along Missouri Route 94 to intersect Page Avenue; then
eastward along Page Avenue to intersect the 6-NM radius of the Point of
Origin; then counterclockwise along the 6-NM radius of the Point of
Origin to intersect the power lines located 6-NM north of the St. Louis
Lambert International Airport; then westward along the power lines to
the point of beginning.
    Area D. That airspace extending upward from 2,500 feet MSL to and
including 8,000 feet MSL within an area bounded by a line beginning at
the intersection of the 10-NM radius of the Point of Origin and
Interstate 64, then east along Interstate 64 to intersect the 10-NM
radius of the Point of Origin, then clockwise along the 10-NM radius of
the Point of Origin to the point of beginning.
    Area E. That airspace extending upward from 3,000 feet MSL to and
including 8,000 feet MSL within a 15-NM radius of the Point of Origin,
excluding Area A, Area B, Area C, and Area D.
    Area F. That airspace extending upward from 3,500 feet MSL to and
including 8,000 feet MSL within an area bounded by a line beginning at
the intersection of Interstate 64 and the 20-NM radius of the Point of
Origin; then clockwise along the 20-NM radius of the Point of Origin to
the intersection of the 20-NM radius of the Point of Origin and the
island in the Illinois River (Lat. 39[deg]02'25'' N, long.
90[deg]34'40'' W); then southwest along a line direct to the
intersection of the 15-NM radius and 340[deg] bearing of the Point of
Origin; then counterclockwise along the 15-NM radius of the Point of
Origin to intersect Interstate 64, then northwest along Interstate 64
to the point of beginning.
    Area G. That airspace extending upward from 3,500 feet MSL to and
including 8,000 feet MSL within an area bounded by a line beginning at
the intersection of Interstate 270 and the 20-NM radius of the Point of
Origin; then clockwise along the 20-NM radius of the Point of Origin to
intersect Illinois Route 3; then northwest along Illinois Route 3 to
intersect Interstate 255; then northwest along Interstate 255 to
intersect the 15-NM radius of the Point of Origin; then
counterclockwise along the 15-NM radius of the Point of Origin to
intersect Interstate 270, then east along Interstate 270 to the point
of beginning.
    Area H. That airspace extending upward from 4,500 feet MSL to and
including 8,000 feet MSL within an area bounded by a line beginning at
the intersection of the 20-NM radius and the 92[deg] radial of the
Point of Origin; then southeast along a line direct to the intersection
of the 30-NM radius and 100[deg] bearing of the Point of Origin; then
clockwise along the 30-NM radius of the Point of Origin to intersect a
point located 11.6-NM perpendicular and southwest of the ILS Runway 30L
localizer signal (lat. 38[deg]20'21'' N, long. 90[deg]00'07'' W); then
northwest direct to the intersection of Illinois Route 3 (Columbia, IL)
and the 20-NM radius of the Point of Origin; then counterclockwise
along the 20-NM radius of the Point of Origin to the point of
beginning;
    Area J. That airspace extending upward from 4,500 feet MSL to and
including 8,000 feet MSL within an area bounded by a line beginning at
the intersection of the 30-NM radius and 320[deg] bearing of the Point
of Origin; then southeast along a line direct to the intersection of
the 20-NM radius of the Point of Origin and the island in the middle of
the Illinois River (lat. 39[deg]02'25'' N, long. 90[deg]34'40'' W);
then counterclockwise along 20-NM radius of the Point of Origin to
intersect the 277[deg] bearing of the Point of Origin; then along a
line northwest direct to the intersection of the 30-NM radius and
286[deg] bearing of the Point of Origin; then clockwise along the 30-NM
radius of the Point of Origin to the point of beginning.
    Area K. That airspace extending upward from 5,000 feet MSL to and
including 8,000 feet MSL within an area bounded by a line beginning at
the intersection of the 20-NM radius of the Point of Origin and the
island in the middle of the Illinois River (lat. 39[deg]02'25'' N,
long. 90[deg]34'40'' W); then clockwise along 20-NM radius of the Point
of Origin to intersect Interstate 270; then west along Interstate 270
to intersect the 15-NM radius of the Point of Origin; then
counterclockwise along the 15-NM radius of the Point of Origin to the
intersection of the 15-NM radius and the 340[deg] bearing of the Point
of Origin; then northwest along a line direct to the point of
beginning.
    Area L. That airspace extending upward from 5,000 feet MSL to and
including 8,000 feet MSL within an area bounded by a line beginning at
the intersection of the 20-NM radius of the Point of Origin and
Interstate 64; then southeast along Interstate 64 to intersect the 15-
NM radius of the Point of Origin;

then counterclockwise along the 15-NM radius of the Point of Origin to
intersect Interstate 255; then southeast along Interstate 255 to
intersect Illinois Route 3; then southeast along Illinois Route 3 to
intersect the 20-NM radius of the Point of Origin; then clockwise along
the 20-NM radius of the Point of Origin to the point of beginning.
    Area M. That airspace extending upward from 5,000 feet MSL to and
including 8,000 feet MSL within an area bounded by a line beginning at
the intersection of the 30-NM radius and 286[deg] bearing of the Point
of Origin; then southeast along a line direct to the intersection of
the 20-NM radius and 277[deg] bearing of the Point of Origin; then
counterclockwise along the 20-NM radius of the Point of Origin to
intersect the power lines located 2.5-NM northwest of the Foristell
VORTAC; then west along the power lines to intersect the 30-NM radius
of the Point of Origin; then clockwise along the 30-NM radius of the
Point of Origin to the point of beginning.

    Issued in Washington, DC, on March 28, 2018.
Rodger A. Dean, Jr.,
Manager, Airspace Policy Group.
[GRAPHIC] [TIFF OMITTED] TR05AP18.000

[FR Doc. 2018-06750 Filed 4-4-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Notices]
[Pages 891-892]
[FR Doc No: 2020-00086]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1789-008; ER10-1768-007; ER10-1770-007; ER10-
1771-007; ER10-1793-007; ER12-1250-007; ER16-1924-005; ER16-1925-005;
ER16-1926-005; ER16-2725-005; ER17-2426-003; ER19-1738-003.
    Applicants: PSEG Energy Resources & Trade LLC, Public Service
Electric and Gas Company, PSEG Fossil LLC, PSEG Nuclear LLC, PSEG Power
Connecticut LLC, PSEG New Haven LLC, Bison Solar LLC, Pavant Solar II
LLC, San Isabel Solar LLC, PSEG Energy Solutions LLC, PSEG Keys Energy
Center LLC, PSEG Fossil Sewaren Urban Renewal LLC.
    Description: Triennial Updated Market Power Analysis of the PSEG
Applicants, et al.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5279.
    Comments Due: 5 p.m. ET 2/28/20.

    Docket Numbers: ER10-2042-032; ER10-1942-024; ER17-696-012; ER10-
1938-027; ER10-1934-026; ER10-1893-026; ER10-3051-031; ER10-2985-030;
ER10-3049-031; ER10-1877-006; ER11-4369-011; ER16-2218-011; ER10-1862-
026.
    Applicants: Calpine Energy Services, L.P., Calpine Construction
Finance Company, LP, Calpine Energy Solutions, LLC, Calpine
PowerAmerica--CA, LLC, CES Marketing IX, LLC, CES Marketing X, LLC,
Champion Energy, LLC, Champion Energy Marketing LLC, Champion Energy
Services, LLC, Hermiston Power, LLC, North American Power and Gas, LLC,
North American Power Business, LLC, Power Contract Financing, L.L.C.
    Description: Updated Market Power Analysis of the Calpine Northwest
MBR Sellers, et al.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5332.
    Comments Due: 5 p.m. ET 3/2/20.

    Docket Numbers: ER10-2997-006; ER10-2172-029; ER10-2179-034;

ER10-1048-026; ER10-2192-035; ER11-2056-022; ER10-2178-035; ER14-1524-
009; ER16-2194-003; ER10-3018-006; ER17-2201-004; ER10-1020-024; ER13-
1536-019; ER10-1078-024; ER10-1080-024; ER16-2708-003; ER10-1081-025;
ER15-2293-003; ER14-2145-008; ER10-2180-028; ER10-2181-036; ER10-1143-
025; ER10-3030-006; ER10-2182-035.
    Applicants: Atlantic City Electric Company, Baltimore Gas and
Electric Company, Calvert Cliffs Nuclear Power Plant, LLC, Commonwealth
Edison Company, Constellation Energy Commodities Group Maine, LLC,
Constellation Mystic Power, LLC, Constellation NewEnergy, Inc.,
Constellation Power Source Generation, LLC, Clinton Battery Utility,
LLC, Criterion Power Partners, LLC, Delmarva Power & Light Company,
Exelon FitzPatrick, LLC, Exelon Framingham, LLC, Exelon Generation
Company, LLC, Exelon New Boston, LLC, Exelon West Medway, LLC, Exelon
West Medway II, LLC, Exelon Wyman, LLC, Fair Wind Power Partners, LLC,
Fourmile Wind Energy, LLC, Handsome Lake Energy, LLC, Nine Mile Point
Nuclear Station, LLC, PECO Energy Company, Potomac Electric Power
Company, R.E. Ginna Nuclear Power Plant, LLC.
    Description: Updated Market Power Analysis for the Northeast Region
of the Exelon NE Entities, et al.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5272.
    Comments Due: 5 p.m. ET 2/28/20.

    Docket Numbers: ER11-3980-005; ER10-2294-006; ER11-3808-005; ER13-
534-005; ER13-2103-003; ER13-2414-002; ER15-2330-002; ER16-131-002;
ER17-2472-003; ER17-2471-003; ER18-301-002; ER18-664-002; ER13-413-006;
ER18-2435-002.
    Applicants: ORNI 14 LLC, ORNI 18 LLC, ORNI 39 LLC, Mammoth One LLC,
ORNI 47 LLC, Mammoth Three LLC, ORNI 37 LLC, Heber Geothermal Company
LLC, ONGP LLC, ORNI 43 LLC, Ormesa LLC, Steamboat Hills LLC, USG Oregon
LLC, ORNI 41 LLC.
    Description: Updated Market Power Analysis for the Northwest Region
of ORNI 14 LLC, et al.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5324.
    Comments Due: 5 p.m. ET 3/2/20.

    Docket Numbers: ER15-1952-007; ER16-853-004; ER16-855-004; ER16-
856-004; ER16-857-004; ER16-858-004; ER16-860-004; ER16-861-004.
    Applicants: Pavant Solar, LLC, Enterprise Solar, LLC, Escalante
Solar I, LLC, Escalante Solar II, LLC, Escalante Solar III, LLC,
Granite Mountain Solar East, LLC, Granite Mountain Solar West, LLC,
Iron Springs Solar, LLC.
    Description: Triennial Market Power Analysis for the Northwest
Region of Pavant Solar, LLC, et al.
    Filed Date: 12/30/19.
    Accession Number: 20191230-5283.
    Comments Due: 5 p.m. ET 2/28/20.

    Docket Numbers: ER17-1519-003.
    Applicants: PECO Energy Company, PJM Interconnection, L.L.C.
    Description: Compliance filing: PECO submits filing in compliance
with the Commission's 12/5/2019 Order to be effective 12/5/2019.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5136.
    Comments Due: 5 p.m. ET 1/23/20.

    Docket Numbers: ER19-708-002.
    Applicants: GSG, LLC.
    Description: Compliance filing: Compliance Filing Under Docket
ER19-708-002 to be effective 2/26/2019.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5104.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER19-2684-001.
    Applicants: Palmer Solar, LLC.
    Description: Notice of Non-Material Change in Status of Palmer
Solar, LLC.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5319.
    Comments Due: 5 p.m. ET 1/21/20.

    Docket Numbers: ER20-729-000.
    Applicants: The Connecticut Light and Power Company.
    Description: Tariff Cancellation: Cancellation of Clear River
Energy LLC Related Facilities Agreement to be effective 11/25/2019.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5112.
    Comments Due: 5 p.m. ET 1/23/20.

    Docket Numbers: ER20-730-000.
    Applicants: NSTAR Electric Company.
    Description: Tariff Cancellation: Cancellation of Clear River
Energy LLC Related Facilities Agreement to be effective 11/25/2019.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5113.
    Comments Due: 5 p.m. ET 1/23/20.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH20-6-000.
    Applicants: Brookfield Asset Management Inc.
    Description: Brookfield Asset Management Inc. submits FERC 65-B
Updated Waiver Notification.
    Filed Date: 12/31/19.
    Accession Number: 20191231-5321.
    Comments Due: 5 p.m. ET 1/21/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 2, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-00086 Filed 1-7-20; 8:45 am]
 BILLING CODE 6717-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on October 9, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2001-10736

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    Hawaiian Airlines, Inc. (Hawaiian),   filed  9/11/03
for:

XX  Exemption for two years under 49 U.S.C. §40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between Los Angeles, California, on the one hand, and Cancun,
Zihuatanejo/Ixtapa, Manzanillo, Mazatlan, and Puerto Vallarta, Mexico,
on the other hand.  Hawaiian proposes to serve the markets pursuant to a
code-share arrangement with Alaska Airlines, Inc. (Alaska), whereby
Hawaiian will place its “HA” code on Alaska flights in the markets.

Applicant rep:   Jonathan B. Hill<PHONE_NUMBER>    DOT Analyst:  Linda
L. Lundell<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted, subject to conditions (see below).

The action above was effective when taken:   October 9, 2003,  through
October 9, 2005   .

Action taken by:     Paul L. Gretch, Director

  		        Office of International Aviation

XX  Authority granted is consistent with the aviation agreement between
the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

XX  Holder’s certificates of public convenience and necessity

XX  Standard Exemption Conditions (attached)

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

Special Conditions/Remarks:  The U.S.-Mexico exemption authority granted
is subject to the dormancy notice requirements set forth in condition 7
of Appendix A of Order 88-10-2.  The exemption authority granted is
limited to service provided on a code-share basis only.

The code-share operations conducted under this authorization are subject
to the following conditions:  (a) The code-sharing operations conducted
under this authority must comply with 14 CFR 257 and with any amendment
to the Department’s regulations concerning code-share arrangements
that may be adopted.  Notwithstanding any provisions in the contract
between the carriers, our approval here is expressly conditioned upon
the requirements that the subject foreign air transportation be sold in
the name of the carrier holding out such service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(i.e., the carrier shown on the ticket) accept responsibility

see next page –

														2

for the entirety of the code-share journey for all obligations
established in its contract of carriage with the passenger; and that the
passenger liability of the operating carrier be unaffected; and (b) the
authority granted here is specifically conditioned so that neither
Hawaiian nor Alaska shall give any force or effect to any contractual
provisions between themselves that are contrary to these conditions.

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

________________________________________________________________________
________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the application was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
 To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov/reports_aviation.asp

							APPENDIX

U.S. Carrier Standard Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security.  To assure compliance with all applicable U.S.
Government requirements concerning security, the holder shall, before
commencing any new service (including charter flights) to or from a
foreign airport, contact its Principal Security Inspector (PSI) to
advise the PSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

											8/2003

   Hawaiian styled its application as a renewal request.  However, under
the terms of the exemption for this authority previously granted to
Hawaiian (see Notice of Action Taken dated October 18, 2001, in the
captioned docket), in particular, the term imposing a dormancy
condition, Hawaiian’s exemption authority for the subject markets
became dormant on January 16, 2002.  Under these circumstances, we are
treating Hawaiian’s instant application as a request for new
U.S.-Mexico authority.