[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27535-27539]
[FR Doc No: 2023-09211]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97387; File No. SR-EMERALD-2023-11]

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

April 26, 2023.
    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 April 13, 2023, MIAX Emerald, LLC (``MIAX Emerald'' or
``Exchange''), filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

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

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

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

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

1. Purpose
    The Exchange proposes to amend Section 1)a)i) of the Fee Schedule
to amend footnote ``*'' to adopt new fees for Priority Customer \3\
Complex Orders that remove liquidity that leg into the Simple book.\4\
The Exchange originally filed this proposal on March 31, 2023 (SR-
EMERALD-2023-08). On April 13, 2023, the Exchange withdrew SR-EMERALD-
2023-08 and resubmitted this proposal.
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    \3\ The term ``Priority Customer'' means a person or entity that
(i) is not a broker or dealer in securities, and (ii) does not place
more than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s). See Exchange Rule
100.
    \4\ The Simple Order Book or Simple book is the Exchange's
regular electronic book of orders and quotes. See Exchange Rule
518(a)(15).
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Background
    The Exchange assesses transaction rebates and fees to all market
participants, which are based upon a threshold tier structure
(``Tier''). Tiers are determined on a monthly basis and

are based on three alternative calculation methods, as defined in
Section 1)a)ii) of the Fee Schedule. The calculation method that
results in the highest Tier achieved by the Member \5\ shall apply to
all Origin types by the Member, except the Priority Customer Origin
type. For the Priority Customer Origin calculation, the Tier applied
for a Member and its Affiliates \6\ is solely determined by calculation
Method 3, as defined in Section 1)a)ii) of the Fee Schedule, titled
``Total Priority Customer, Maker sides volume, based on % of CTCV
(`Method 3').'' The monthly volume thresholds for each of the methods,
associated with each Tier, are calculated as the total monthly volume
executed by the Member in all options classes on MIAX Emerald in the
relevant Origins and/or applicable liquidity, not including Excluded
Contracts,\7\ (as the numerator) expressed as a percentage of (divided
by) Customer Total Consolidated Volume (``CTCV'') (as the denominator).
CTCV is calculated as the total national volume cleared at The Options
Clearing Corporation (``OCC'') in the Customer range in those classes
listed on MIAX Emerald for the month for which fees apply, excluding
volume cleared at the OCC in the Customer range executed during the
period of time in which the Exchange experiences an ``Exchange System
Disruption'' \8\ (solely in the option classes of the affected Matching
Engine).\9\ In addition, the per contract transaction rebates and fees
shall be applied retroactively to all eligible volume once the Tier has
been reached by the Member. Members that place resting liquidity, i.e.,
orders on the MIAX Emerald System, will be assessed the specified
``maker'' rebate or fee (each a ``Maker'') and Members that execute
against resting liquidity will be assessed the specified ``taker'' fee
or rebate (each a ``Taker'').\10\ Members are also assessed lower
transaction fees and smaller rebates for order executions in standard
option classes in the Penny Interval Program \11\ (``Penny Classes'')
than for order executions in standard option classes which are not in
the Penny Program (``non-Penny Classes''), for which Members will be
assessed higher transaction fees and larger rebates.
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    \5\ ``Member'' means an individual or organization approved to
exercise the trading rights associated with a Trading Permit.
Members are deemed ``members'' under the Exchange Act. See the
Definitions Section of the Fee Schedule and Exchange Rule 100.
    \6\ ``Affiliate'' means (i) an affiliate of a Member of at least
75% common ownership between the firms as reflected on each firm's
Form BD, Schedule A, or (ii) the Appointed Market Maker of an
Appointed EEM (or, conversely, the Appointed EEM of an Appointed
Market Maker). An ``Appointed Market Maker'' is a MIAX Emerald
Market Maker (who does not otherwise have a corporate affiliation
based upon common ownership with an EEM) that has been appointed by
an EEM and an ``Appointed EEM'' is an EEM (who does not otherwise
have a corporate affiliation based upon common ownership with a MIAX
Emerald Market Maker) that has been appointed by a MIAX Emerald
Market Maker, pursuant to the following process. A MIAX Emerald
Market Maker appoints an EEM and an EEM appoints a MIAX Emerald
Market Maker, for the purposes of the Fee Schedule, by each
completing and sending an executed Volume Aggregation Request Form
by email to [email protected] no later than 2 business days
prior to the first business day of the month in which the
designation is to become effective. Transmittal of a validly
completed and executed form to the Exchange along with the
Exchange's acknowledgement of the effective designation to each of
the Market Maker and EEM will be viewed as acceptance of the
appointment. The Exchange will only recognize one designation per
Member. A Member may make a designation not more than once every 12
months (from the date of its most recent designation), which
designation shall remain in effect unless or until the Exchange
receives written notice submitted 2 business days prior to the first
business day of the month from either Member indicating that the
appointment has been terminated. Designations will become operative
on the first business day of the effective month and may not be
terminated prior to the end of the month. Execution data and reports
will be provided to both parties. See the Definitions Section of the
Fee Schedule.
    \7\ The term ``Excluded Contracts'' means any contracts routed
to an away market for execution. See the Definitions Section of the
Fee Schedule.
    \8\ The term ``Exchange System Disruption'' means an outage of a
Matching Engine or collective Matching Engines for a period of two
consecutive hour or more, during trading hours. See the Definitions
Section of the Fee Schedule.
    \9\ A ``Matching Engine'' is a part of the MIAX Emerald
electronic system that processes options orders and trades on a
symbol-by-symbol basis. See the Definitions Section of the Fee
Schedule.
    \10\ For a Priority Customer Complex Order taking liquidity in
the Strategy Book for both a Penny Class and non-Penny Class against
Origins other than Priority Customer, the Priority Customer order
will receive a rebate based on the Tier achieved.
    \11\ See Securities Exchange Act Release No. 88993 (June 2,
2020), 85 FR 35145 (June 8, 2020) (SR-EMERALD-2020-05) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Exchange Rule 510, Minimum Price Variations and Minimum
Trading Increments, To Conform the Rule to Section 3.1 of the Plan
for the Purpose of Developing and Implementing Procedures Designed
To Facilitate the Listing and Trading of Standardized Options) (the
``Penny Program'').
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    Currently, footnote ``*'' provides that Priority Customer Complex
Orders contra to Priority Customer Complex Orders are neither charged
nor rebated. Footnote ``*'' further provides that, Priority Customer
Complex Orders that leg into the Simple book are neither charged nor
rebated.
Proposal
    The Exchange now proposes to amend footnote ``*'' to adopt fees for
Priority Customer Complex Orders that leg into the Simple Order Book.
Specifically, the Exchange proposes to amend footnote ``*'' to provide
that Priority Customer Complex Orders that remove liquidity that leg
into the Simple book will be charged a per contract fee of $0.20 in
Penny classes and $0.40 in Non-Penny classes. Additionally, the
Exchange proposes to amend the second sentence of footnote ``*'' for
clarity to provide that Priority Customer Complex Orders that add
liquidity that leg into the Simple book are neither charged nor
rebated.
    As amended footnote ``*'' will provide that, ``Priority Customer
Complex Orders contra to Priority Customer Complex Orders are neither
charged nor rebated. Priority Customer Complex Orders that add
liquidity that leg into the Simple book are neither charged nor
rebated. Priority Customer Complex Orders that remove liquidity that
leg into the Simple book will be charged a per contract fee of $0.20 in
Penny classes and $0.40 in Non-Penny classes.'' Complex Orders for
Origins other than Priority Customer that remove liquidity that leg
into the Simple book are charged a per contract ``Taker'' fee of $0.50
in Penny Classes and $0.88 in Non-Penny Classes. These fees are not
changing under this proposal.
    The purpose of adopting these new fees is for business and
competitive reasons. In order to attract order flow, the Exchange
initially set its rebates and 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 adjust its fees to be competitive with other Exchanges
that offer similar functionality and have similar fee structures.\13\
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    \12\ See Securities Exchange Act Release No. 85393 (March 21,
2019), 84 FR 11599 (March 27, 2019) (SR-EMERALD-2019-15) Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Establish the MIAX Emerald Fee Schedule.
    \13\ The Nasdaq ISE Pricing Schedule provides that a $0.25 per
contract fee applies instead of the applicable fee or rebate when
trading against Priority Customer Complex Orders that leg into the
regular order book. See ISE Options 7 Pricing Schedule, Section 3.
Regular Order Fees and Rebates, footnote 11; Nasdaq Phlx Pricing
Schedule provides that Customers will be assessed a $0.15 per
contract surcharge to the extent that they execute the individual
components of their Complex Orders in SPY against Market Maker or
Lead Market Maker quotes that are resting on the Simple Order Book.
See also Nasdaq Phlx Options 7, Pricing Schedule, Section 3. Rebates
and Fees for Adding Liquidity in SPY.
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Implementation
    The proposed changes are immediately effective.

2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \14\ in general, and
furthers the objectives of Section 6(b)(4) of the Act,\15\ in
particular, in that it is an equitable allocation of reasonable dues,
fees and other charges among its Members and issuers and other persons
using its facilities. The Exchange also believes that the proposed rule
change is consistent with the objectives of Section 6(b)(5) of the Act
\16\ that the rules of an exchange be designed to prevent fraudulent
and manipulative acts and practices, and to promote just and equitable
principles of trade, foster cooperation and coordination with persons
engaged in facilitating transactions in securities, remove impediments
to and perfect the mechanisms of a free and open market and a national
market system and, in general, protect investors and the public
interest, and, particularly, is not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4).
    \16\ 15 U.S.C. 78f(b)(1) and (b)(5).
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    The Exchange believes its proposal provides for the equitable
allocation of reasonable dues and fees and is not unfairly
discriminatory for the following reasons. The Exchange operates in a
competitive marketplace in which market participants can readily direct
their order flow to competing venues if they deem fee levels at a
particular venue to be excessive or incentives to be insufficient.
There are currently 16 registered options exchanges competing for order
flow. Based on publicly-available information, and excluding index-
based options, no single exchange has a market share of more than
approximately 12-13% of the equity options market.\17\ Therefore, no
exchange possesses significant pricing power. More specifically, as of
March 24, 2023, the Exchange had a market share of approximately 3.28%
of executed volume of multiply-listed equity options for the month of
March 2023.\18\
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    \17\ See ``The market at a glance, MTD AVERAGE,'' available at
https://www.miaxoptions.com/ (Data as of March 1, 2023 to March 23,
2023).
    \18\ See id.
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    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
discontinue or reduce use of certain categories of products and
services, terminate an existing membership or determine to not become a
new member, and/or shift order flow in response to transaction fee
changes. For example, on February 28, 2019, the Exchange's affiliate,
MIAX PEARL, LLC (``MIAX Pearl''), filed with the Commission a proposal
to increase Taker fees in certain Tiers for options transactions in
certain Penny classes for Priority Customers and decrease Maker rebates
in certain Tiers for options transactions in Penny classes for Priority
Customers (which fee was to be effective March 1, 2019).\19\ MIAX Pearl
experienced a decrease in total market share for the month of March
2019, after the proposal went into effect. Accordingly, the Exchange
believes that the MIAX Pearl March 1, 2019 fee change, to increase
certain transaction fees and decrease certain transaction rebates, may
have contributed to the decrease in MIAX Pearl's market share and, as
such, the Exchange believes competitive forces constrain the
Exchange's, and other options exchanges, ability to set transaction
fees and market participants can shift order flow based on fee changes
instituted by the exchanges.
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    \19\ See Securities Exchange Act Release No. 85304 (March 13,
2019), 84 FR 10144 (March 19, 2019) (SR-PEARL-2019-07).
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    Accordingly, competitive forces constrain the Exchange's
transaction fees, and market participants can readily trade on
competing venues if they deem pricing levels at those other venues to
be more favorable. In response to the competitive environment, the
Exchange offers specific rates and credits in its fees schedule, like
those of other options exchanges' fees schedules.
    The Exchange believes that its proposal to implement a new fee for
Priority Customer Complex Orders that remove liquidity that leg into
the Simple book is consistent with Section 6(b)(4) of the Act \20\ in
that the proposal is reasonable, equitable and not unfairly
discriminatory as it applies equally to all similarly situated market
participants. The Exchange believes that the application of this fee
will continue to encourage Priority Customer order flow to the Exchange
and may improve liquidity on the Exchange's Strategy Book. Priority
Customer order flow benefits all market participants because it
attracts liquidity to the Exchange by providing more trading
opportunities. This attracts Market Makers and other liquidity
providers, thus, facilitating increased order flow and trading
opportunities to the benefit of all market participants.
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    \20\ 15 U.S.C. 78f(b)(4).
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    In addition, the Exchange believes that its proposal is consistent
with Section 6(b)(5) of the Act \21\ because it perfects the mechanisms
of a free and open market and a national market system and protects
investors and the public interest because an increase in Priority
Customer order flow will bring greater volume and liquidity to the
Exchange, which benefits all market participants by providing more
trading opportunities. To the extent Priority Customer order flow is
increased by this proposal, market participants will increasingly
compete for the opportunity to trade on the Exchange by sending
additional orders in an effort to trade with such Priority Customer
order flow.
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    \21\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that assessing a fee for Priority Customer
Complex Orders that remove liquidity that leg into the Simple book is
equitable and not unfairly discriminatory because the proposed fees
will apply equally to all similarly situated participants. The Exchange
believes that the application of the fee is equitable and not unfairly
discriminatory because, as stated above, Priority Customer order flow
enhances liquidity on the Exchange, which in turn provides more trading
opportunities and attracts other market participants, thus,
facilitating increased order flow and trading opportunities to the
benefit of all market participants. Moreover, the options industry has
a long history of providing preferential pricing to Priority Customer
Orders, and the Exchange's current fees schedule currently does so in
many places, as does the fee schedule of at least one other
exchange.\22\
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    \22\ See supra note 13.
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    As noted above, the Exchange operates in a highly competitive
market. The Exchange is only one of several options venues to which
market participants may direct their order flow, and it represents a
small percentage of the overall market. The Exchange believes that the
proposed fees are reasonable, equitable, and not unfairly
discriminatory in that competing options exchanges offer similar fees
for similar functionality.\23\
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    \23\ Id.
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and also recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its

broader forms that are most important to investors and listed
companies.'' \24\
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    \24\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37499 (June 29, 2005).
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    The Exchange believes that its proposal represents an equitable
allocation of fees and is not unfairly discriminatory as the fee will
apply uniformly to all Priority Customer Complex Orders that remove
liquidity that leg into the Simple Order Book. Additionally, the
Exchange recently adopted a new optional complex order instruction,
``Do Not Leg'' or ``DNL,'' \25\ that provides Members \26\ the ability
to direct their complex orders to the Strategy Book \27\ exclusively
for execution, or if the instruction is not used, allows their complex
orders to leg into the Simple Order Book.\28\
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    \25\ See Securities Exchange Act Release No. 96378 (November 22,
2022), 87 FR 73364 (November 29, 2022) (SR-EMERALD-2022-31).
    \26\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
    \27\ The ``Strategy Book'' is the Exchange's electronic book of
complex orders and complex quotes. See Exchange Rule 518(b)(17).
    \28\ Do Not Leg or ``DNL'' is an optional order instruction that
may be applied to any complex order (excluding Complex Customer
Cross Orders, Complex Qualified Contingent Cross Orders, and cPRIME
Orders) to prevent the complex order from legging into the Simple
Order Book. See Exchange Rule 518(b)(10).
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    The Exchange is making this change for business and competitive
reasons as the Exchange initially set its fees lower than other options
exchanges that offer similar functionality and operate comparable
pricing models.\29\ The Exchange now believes that it is appropriate to
implement this new fee and application so that it is more in line with
other exchanges, but will remain highly competitive such that it should
enable the Exchange to continue to attract order flow and maintain
market share.
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    \29\ See supra note 13.
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    For the reasons discussed above, the Exchange submits that the
proposal satisfies the requirements of Sections 6(b)(4) and 6(b)(5) of
the Act in that it provides for the equitable allocation of reasonable
dues, fees and other charges among its Members and other persons using
its facilities and is not designed to unfairly discriminate between
customers, issuers, brokers, or dealers. As described more fully above
and below, in the Exchange's statement regarding the burden on
competition, the Exchange believes that its transaction pricing is
subject to significant competitive forces, and that the proposed fees
described herein are appropriate to address such forces.

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

    In accordance with Section 6(b)(8) of the Act,\30\ the Exchange
does not believe that the proposed rule change will impose any burden
on intra-market or inter-market competition that is not necessary or
appropriate in furtherance of the purposes of the Act.
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    \30\ 15 U.S.C. 78f(b)(8).
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Intra-Market Competition
    The Exchange does not believe that its proposal will impose any
burden on intra-market competition that is not necessary or appropriate
in furtherance of the purposes of the Act because the proposed changes
will apply uniformly to all similarly situated Priority Customer
Complex Orders. The Exchange believes that the proposal will continue
to encourage Members to submit Priority Customer Complex Orders to the
Exchange, which will increase liquidity and benefit all market
participants by providing more trading opportunities. The Exchange
notes the fact that preferential pricing to Priority Customers is a
long-standing options industry practice. The proposed fees may enhance
Priority Customer liquidity on the Exchange's Strategy Book, which, as
a result, facilitates increased liquidity and execution opportunities
to the benefit of all market participants. Additionally, the Exchange
provides an optional complex order DNL instruction that Members may use
to prevent their complex orders from legging into the Simple Order
Book, and thereby not be subject to the proposed fees.
Inter-Market Competition
    The Exchange 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. There are currently 16
registered options exchanges competing for order flow. Based on
publicly-available information, and excluding index-based options, no
single exchange has a market share of more than approximately 12-13% of
the equity options market.\31\ Therefore, no exchange possesses
significant pricing power. More specifically, as of March 24, 2023, the
Exchange had a market share of approximately 3.28% of executed volume
of multiply-listed equity options for the month of March 2023.\32\
Therefore, no exchange possesses significant pricing power in the
execution of multiply-listed equity options order flow. In such an
environment, the Exchange must continually adjust its transaction and
non-transaction fees to remain competitive with other exchanges and to
attract order flow. The Exchange believes that the proposed rule change
reflects this competitive environment because it modifies the
Exchange's fees in a manner that will allow the Exchange to remain
competitive.
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    \31\ See supra note 17.
    \32\ See id.
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    Additionally, the Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. Specifically,
in Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \33\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. Securities and Exchange Commission, the D.C.
circuit stated: ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their routing agents, have a wide range of choices of where to
route orders for execution'; [and] `no exchange can afford to take its
market share percentages for granted' because `no exchange possess a
monopoly, regulatory or otherwise, in the execution of order flow from
broker dealers' . . .''.\34\ Accordingly, the Exchange does not believe
its proposed pricing changes impose any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
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    \33\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \34\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSE-2006-21)).
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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,\35\ and Rule

19b-4(f)(2) \36\ 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.
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    \35\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \36\ 17 CFR 240.19b-4(f)(2).
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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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-EMERALD-2023-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EMERALD-2023-11. 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 (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. Do
not include personal identifiable information in submissions; you
should submit only information that you wish to make available
publicly. We may redact in part or withhold entirely from publication
submitted material that is obscene or subject to copyright protection.
All submissions should refer to File Number SR-EMERALD-2023-11, and
should be submitted on or before May 23, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\37\
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    \37\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-09211 Filed 5-1-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 28, 2008 (Volume 73, Number 61)]
[Notices]
[Page 16669-16671]
[DOCID:fr28mr08-69]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2004-0027, FRL-8548-5]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Information Collection Request for Cooling Water
Intake Structures New Facility Final Rule (Renewal); EPA ICR No.
1973.04, OMB Control No. 2040-0241

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on June 30, 2008. Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.

DATES: Comments must be submitted on or before May 27, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2004-0027, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Water Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460.
     Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2004-
0027. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any

disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Janelle Christian, Water Permits
Division, Office of Wastewater Management, Mail Code: 4203M,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
564-9541; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2004-0027, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Water Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
The telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Water Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are
new facilities that are point sources (i.e., subject to an NPDES
permit) that use or propose to use a cooling water intake structure
(CWIS), have at least one cooling water intake structure that uses at
least 25 percent (measured on an average monthly basis) of the water
withdrawn for cooling purposes, withdraw the water from surface waters,
and have a design intake flow greater than two million gallons per day
(MGD). Generally, facilities that meet these criteria fall into two
major groups: New power producing facilities and new manufacturing
facilities. Power producers affected by the final rule are likely to be
both utility and nonutility power producers since they typically have
large cooling water requirements. EPA identified four categories of
manufacturing facilities that tend to require large amounts of cooling
water: paper and allied products, chemical and allied products,
petroleum and coal products, and primary metals. However, the New
Facility Rule is not limited to manufacturers in these sectors; any new
manufacturer that meets the criteria above is subject to the rule.
    Title: Information Collection Request for Cooling Water Intake
Structures New Facility Final Rule (Renewal).
    ICR numbers: EPA ICR No. 1973.04, OMB Control No. 2040-0241.
    ICR status: This ICR is currently scheduled to expire on June 30,
2008. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The section 316(b) New Facility Rule requires the
collection of information from new facilities that use a CWIS and meet
the other eligibility requirements. Section 316(b) of the CWA requires
that any standard established under section 301 or 306 of the CWA and
applicable to a point source must require that the location, design,
construction and capacity of CWISs at that facility reflect the best
technology available (BTA) for minimizing adverse environmental impact.
See 66 FR 65256. Such impact occurs as a result of impingement (where
fish and other aquatic life are trapped on technologies at the entrance
to cooling water intake structures) and entrainment (where aquatic
organisms, eggs, and larvae are taken into the cooling system, passed
through the heat exchanger, and then pumped back out with the discharge
from the facility). The rule establishes standard requirements
applicable to the location, design, construction, and capacity of
cooling water intake structures at new facilities. These requirements
seek to minimize the adverse environmental impact associated with the
use of CWISs.
    Burden Statement: The annual average reporting and record keeping
burden for the collection of information by facilities responding to
the section 316(b) New Facility Rule is estimated to

be 1,885 hours per respondent (i.e., an annual average of 113,084 hours
of burden divided among an anticipated annual average of 60
facilities). The State reporting and record keeping burden for the
review, oversight, and administration of the rule is estimated to
average 111 hours per respondent (i.e., an annual average of 5,125
hours of burden divided among an anticipated 46 States on average per
year). Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements
which have subsequently changed; train personnel to be able to respond
to a collection of information; search data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 68 facilities and
46 States and Territories.
    Frequency of response: Annual reports and application every 5
years.
    Estimated total average number of responses for each respondent:
5.3 for facilities (317 annual average responses for an average of 60
facility respondents) and 6.1 for States and Territories (280 annual
average responses for an average of 46 State respondents).
    Estimated total annual burden hours: 118,209 (113,084 for
facilities and 5,125 for States and Territories).
    Estimated total annual costs: $8.5 million per year. This includes
an estimated burden cost of $6.7 and an estimated cost of $1.8 for
capital investment or maintenance and operational costs.

Are There Changes in the Estimates From the Last Approval?

    There is an increase of 41,941 hours in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB. This increase is due to the addition of the newly
built facilities, as well as the continued performance of annual
activities by facilities that received their permit during the previous
ICR approval periods. In addition, this ICR includes additional
repermitting burden and costs which were not in the currently approved
ICR (EPA ICR Number: 1973.03) because more facilities are entering the
renewal phase of their permits.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: March 20, 2008.
James A. Hanlon,
Director, Office of Wastewater Management.
 [FR Doc. E8-6408 Filed 3-27-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Notices]
[Page 40151]
[FR Doc No: 2017-17965]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2343-086]

PE Hydro Generation, LLC; Notice of Availability of Draft
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47879), the Office
of Energy Projects has reviewed the application for a new license for
the Millville Hydroelectric Project, located on the Shenandoah River,
near the town of Harpers Ferry in Jefferson County, West Virginia, and
has prepared a draft Environmental Assessment (draft EA) for the
project. The project does not occupy federal land.
    In the draft EA, Commission staff analyze the potential
environmental effects of relicensing the project and conclude that
continued project operation under a new license, with appropriate
measures, would not constitute a major federal action significantly
affecting the quality of the human environment.
    A copy of the draft EA is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free number at 1-866-208-3676, or
for TTY,<PHONE_NUMBER>.
    You may also register online at www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    For further information, please contact Michael Spencer by
telephone at<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>
    Dated: August 16, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-17965 Filed 8-23-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: November 9, 2006 (Volume 71, Number 217)]
[Notices]
[Page 65857-65859]
[DOCID:fr09no06-146]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54697; File No. SR-ISE-2006-61]

 Self-Regulatory Organizations; International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change and Amendment No. 1 Thereto Relating to Fee Changes

November 2, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 5, 2006, the International Securities Exchange, LLC
(``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the ISE.
On October 17, 2006, ISE filed Amendment No. 1 to the proposed rule
change.\3\ The ISE has designated this proposal as one establishing or
changing a due, fee, or other charge imposed by the ISE under Section
19(b)(3)(A)(ii) of the Act,\4\ and Rule 19b-4(f)(2) thereunder,\5\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange revised footnote 10, infra,
to clarify that six of the Premium Products that are the subject of
this filing constitute Fund Shares under ISE Rule 502(h), while the
other two Premium Products are narrow-based index options listed
pursuant to the Exchange's generic listing standards. The Exchange
also represented that Amendment No. 1 did not affect the proposed
fees covered by this filing.
    \4\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \5\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE is proposing to amend its Schedule of Fees to establish
fees for transactions in options on eight Premium Products.\6\ The text
of the

proposed rule change, as amended, is available on the ISE's Web site
(http://www.iseoptions.com/legal/proposed_rule_changes.asp), at the

principal office of the ISE, and at the Commission's Public Reference
Room.
---------------------------------------------------------------------------

    \6\ ``Premium Products'' is defined in the Schedule of Fees as
the products enumerated therein.
---------------------------------------------------------------------------

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 ISE 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 ISE 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 is proposing to amend its Schedule of Fees to
establish fees for transactions in options on the following eight
Premium Products: KBW Bank Index (``BKX''), ISE Revere Natural Gas
Index (``FUM''), iShares Dow Jones U.S. Energy Sector Index Fund
(``IYE''), iShares Dow Jones Transportation Average Index Fund
(``IYT''),\7\ PowerShares WilderHill Clean Energy Portfolio
(``PBW''),\8\ Merrill Lynch Utilities HOLDRs Trust (``UTH''),\9\
Consumer Staples Select Sector SPDR Fund (``XLP''), and Consumer
Discretionary Select Sector SPDR Fund (``XLY'').\10\ Specifically, the
Exchange is proposing to adopt an execution fee and a comparison fee
for all transactions in options on BKX, FUM, IYE, IYT, PBW, UTH, XLP,
and XLY.\11\ The amount of the execution fee and comparison fee for
products covered by this filing shall be $0.15 and $0.03 per contract,
respectively, for all Public Customer Orders \12\ and Firm Proprietary
orders. The amount of the execution fee and comparison fee for all ISE
Market Maker transactions shall be equal to the execution fee and
comparison fee currently charged by the Exchange for ISE Market Maker
transactions in equity options.\13\ Finally, the amount of the
execution fee and comparison fee for all non-ISE Market Maker
transactions shall be $0.16 and $0.03 per contract, respectively. All
of the applicable fees covered by this filing are identical to fees
charged by the Exchange for all other Premium Products. The Exchange
believes the proposed rule change will further the Exchange's goal of
introducing new products to the marketplace that are competitively
priced.
---------------------------------------------------------------------------

    \7\ iShares[supreg] is a registered trademark of Barclays Global
Investors, N.A. (``BGI''), a wholly owned subsidiary of Barclays
Bank PLC. ``Dow Jones,'' ``Dow Jones U.S. Energy Sector Index
Fund,'' and ``Dow Jones Transportation Average Index Fund'' are
trademarks and service marks of Dow Jones & Company, Inc. (``Dow
Jones'') and have been licensed for use for certain purposes by BGI.
All other trademarks and service marks are the property of their
respective owners. Neither IYE nor IYT are sponsored, endorsed,
issued, sold or promoted by Dow Jones. BGI and Dow Jones have not
licensed or authorized ISE to: (i) Engage in the creation, listing,
provision of a market for trading, marketing, and promotion of
options on IYE and IYT; or (ii) use and refer to any of their
trademarks or service marks in connection with the listing,
provision of a market for trading, marketing, and promotion of
options on IYE and IYT or with making disclosures concerning options
on IYE and IYT under any applicable federal or state laws, rules or
regulations. BGI and Dow Jones do not sponsor, endorse, or promote
such activity by ISE and are not affiliated in any manner with ISE.
    \8\ PowerSharesTM and PBWTM are trademarks
of PowerShares Capital Management LLC (``PowerShares'' or the
``Adviser''). The WilderHill Clean Energy Index is a service mark of
WilderShares, LLC (``WilderShares''). All other trademarks and
service marks are the property of their respective owners.
WilderShares is not affiliated with the PBW or with the Adviser. PBW
is not sponsored, endorsed, sold or promoted by WilderShares, and
WilderShares makes no representation regarding the advisability of
investing in PBW. WilderShares and PowerShares have not licensed or
authorized ISE to: (i) Engage in the creation, listing, provision of
a market for trading, marketing, and promotion of options on PBW; or
(ii) use and refer to any of their trademarks or service marks in
connection with the listing, provision of a market for trading,
marketing, and promotion of options on PBW or with making
disclosures concerning options on PBW under any applicable federal
or state laws, rules or regulations. WilderShares and PowerShares do
not sponsor, endorse, or promote such activity by ISE and are not
affiliated in any manner with ISE.
    \9\ UTH issues Depositary Receipts called Utilities
HOLDRSSM representing undivided beneficial ownership in
the U.S.-traded common stock of a group of specified companies that,
among other things, are involved in various segments of the
utilities industry. ``HOLDRS'' and ``HOLding Company Depositary
ReceiptS'' are service marks of Merrill Lynch & Co., Inc. (``Merrill
Lynch''). All other trademarks and service marks are the property of
their respective owners. Merrill Lynch has not licensed or
authorized ISE to: (i) Engage in the creation, listing, provision of
a market for trading, marketing, and promotion of options on UTH; or
(ii) use and refer to any of their trademarks or service marks in
connection with the listing, provision of a market for trading,
marketing, and promotion of options on UTH or with making
disclosures concerning options on UTH under any applicable federal
or state laws, rules or regulations. Merrill Lynch does not sponsor,
endorse, or promote such activity by ISE and is not affiliated in
any manner with ISE.
    \10\ The Exchange represents that IYE, IYT, PBW, UTH, XLP and
XLY constitute ``Fund Shares,'' as defined by ISE Rule 502(h). The
Exchange further represents that BKX and FUM meet the standards of
ISE Rule 2002(b), which allows the ISE to begin trading these
products by filing Form 19b-4(e) at least five business days after
commencement of trading these new products pursuant to Rule 19b-4(e)
of the Act. Accordingly, the ISE has submitted Form 19b-4(e) to the
Commission.
    \11\ These fees will be charged only to Exchange members. Under
a pilot program that is set to expire on July 31, 2007, these fees
will also be charged to Linkage Orders (as defined in ISE Rule
1900).
    \12\ ``Public Customer Order'' is defined in ISE Rule 100(a)(33)
as an order for the account of a Public Customer. ``Public
Customer'' is defined in ISE Rule 100(a)(32) as a person that is not
a broker or dealer in securities.
    \13\ The execution fee is currently between $0.21 and $0.12 per
contract side, depending on the Exchange Average Daily Volume, and
the comparison fee is currently $0.03 per contract side.
---------------------------------------------------------------------------

    Additionally, the Exchange has entered into a license agreement
with Keefe, Bruyette & Woods, Inc. in connection with the listing and
trading of options on BKX; with Revere Data, LLC in connection with the
listing and trading of options on FUM; and with Standard & Poor's in
connection with the listing and trading of options on XLP and XLY. As
with certain other licensed options, to defray the licensing costs, the
Exchange is adopting a surcharge fee of $0.10 per contract for trading
in options on BKX, XLP and XLY, and $0.05 per contract for trading in
options on FUM. The Exchange believes charging the participants that
trade these products is the most equitable means of recovering the
costs of the licenses. However, because of competitive pressures in the
industry, the Exchange proposes to exclude Public Customer Orders from
this surcharge fee. Accordingly, this surcharge fee will only be
charged to Exchange members with respect to non-Public Customer Orders
(e.g., ISE Market Maker, non-ISE Market Maker, and Firm Proprietary
orders) and shall apply to Linkage Orders \14\ under a pilot program
that is set to expire on July 31, 2007. Further, since options on BKX,
IYE, IYT, PBW, UTH, XLP and XLY are multiply-listed, the Payment for
Order Flow fee shall also apply.
---------------------------------------------------------------------------

    \14\ See ISE Rule 1900.
---------------------------------------------------------------------------

    Finally, the Exchange has terminated its development agreement with
Boenning & Scattergood, Inc. for options on the ISE Water Index
(``HHO''). As a result, the Exchange proposes to no longer charge a
$0.05 per contract surcharge fee for options on HHO. Accordingly, the
Exchange proposes to delete the reference to a surcharge for HHO on its
Schedule of Fees.
2. Statutory Basis
    The Exchanges believes that the basis under the Act for this
proposed rule change is the requirement under Section 6(b)(4) of the
Act \15\ that an exchange have an equitable allocation of reasonable
dues, fees and other charges

among its members and other persons using its facilities.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed rule change, as amended,
does not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing rule change, as amended, establishes or
changes a due, fee, or other charge imposed by the Exchange, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \16\ and
Rule 19b-4(f)(2) \17\ thereunder. At any time within 60 days of the
filing of such amended proposed rule change, the Commission may
summarily abrogate 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.\18\
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 19b-4(f)(2).
    \18\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on October 17, 2006, the date on which the ISE submitted
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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 e-mail to<EMAIL_ADDRESS>Please include

File No. SR-ISE-2006-61 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-ISE-2006-61. This
file number should be included on the subject line if e-mail 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 Web site (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 inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the ISE.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-ISE-2006-61
and should be submitted on or before November 30, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-18956 Filed 11-8-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Pages 37861-37862]
[FR Doc No: 2019-16455]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC19-98-000.
    Applicants: Grady Wind Energy Center, LLC, Pattern Energy Group
Inc.
    Description: Supplement to June 6, 2019 Application for
Authorization Under Section 203 of the Federal Power Act, et al. of
Grady Wind Energy Center, et al.
    Filed Date: 7/25/19.
    Accession Number: 20190725-5059.
    Comments Due: 5 p.m. ET 8/5/19.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG19-157-000.
    Applicants: DWW Solar II, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of DWW Solar II, LLC.
    Filed Date: 7/25/19.
    Accession Number: 20190725-5087.
    Comments Due: 5 p.m. ET 8/15/19.

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

    Docket Numbers: ER10-1633-002.
    Applicants: Deseret Generation and Transmission Co-operative, Inc.
    Description: Updated Market Power Analysis of Deseret Generation
and Transmission Co-operative, Inc.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5113.
    Comments Due: 5 p.m. ET 9/24/19.

    Docket Numbers: ER19-1765-001.
    Applicants: CSOLAR IV South, LLC.
    Description: Compliance filing: Compliance Filing to Revise eTariff
Records to be effective 5/3/2019.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5104.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-1765-002.
    Applicants: CSOLAR IV South, LLC.
    Description: Compliance filing: Compliance Filing to Revise eTariff
Records to be effective 5/3/2019.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5105.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-1766-001.
    Applicants: CSOLAR IV South, LLC.
    Description: Compliance filing: Compliance Filing to Revise eTariff
Record to be effective 5/3/2019.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5106.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-1931-001.
    Applicants: Electric Energy, Inc.
    Description: Compliance filing: compliance to 122020 to be
effective 5/22/2019.
    Filed Date: 7/25/19.
    Accession Number: 20190725-5085.
    Comments Due: 5 p.m. ET 8/15/19.

    Docket Numbers: ER19-2026-001.
    Applicants: Puget Sound Energy, Inc.
    Description: Tariff Amendment: Air Liquide Amendment to be
effective 5/1/2019.
    Filed Date: 7/25/19.
    Accession Number: 20190725-5091.
    Comments Due: 5 p.m. ET 8/15/19.

    Docket Numbers: ER19-2027-001.
    Applicants: Puget Sound Energy, Inc.
    Description: Tariff Amendment: Equilon Amendment to be effective 5/
1/2019.
    Filed Date: 7/25/19.
    Accession Number: 20190725-5092.
    Comments Due: 5 p.m. ET 8/15/19.

    Docket Numbers: ER19-2027-002.
    Applicants: Puget Sound Energy, Inc.
    Description: Tariff Amendment: Equilon Amendment to be effective 5/
1/2019.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5000.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-2028-001.
    Applicants: Puget Sound Energy, Inc.
    Description: Tariff Amendment: Tesoro Amendment to be effective 5/
1/2019.
    Filed Date: 7/25/19.
    Accession Number: 20190725-5094.
    Comments Due: 5 p.m. ET 8/15/19.

    Docket Numbers: ER19-2441-001.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Tariff Amendment: Refile Baseline Tri-State Open
Access Transmission Tariff to be effective 9/22/2019.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5056.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-2444-001.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Tariff Amendment: Refile Baseline Tri-State Wholesale
Electric Service Contracts to be effective 9/22/2019.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5058.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-2461-000.
    Applicants: Crowned Ridge Wind, LLC.
    Description: Baseline eTariff Filing: Crowned Ridge Wind, LLC
Application for MBR Authority to be effective 9/24/2019.
    Filed Date: 7/25/19.
    Accession Number: 20190725-5078.
    Comments Due: 5 p.m. ET 8/15/19.

    Docket Numbers: ER19-2462-000.
    Applicants: Macquarie Energy LLC.
    Description: Compliance filing: New eTariff Baseline Filing to be
effective 6/29/2019.
    Filed Date: 7/25/19.
    Accession Number: 20190725-5079.
    Comments Due: 5 p.m. ET 8/15/19.

    Docket Numbers: ER19-2463-000.
    Applicants: Utah Red Hills Renewable Park, LLC.
    Description: Compliance filing: New eTariff Baseline Filing to be
effective 6/29/2019.
    Filed Date: 7/25/19.
    Accession Number: 20190725-5086.
    Comments Due: 5 p.m. ET 8/15/19.

    Docket Numbers: ER19-2464-000.
    Applicants: Massachusetts Electric Company.
    Description: Sec.  205(d) Rate Filing: Filing of SA No. IA-MECO-52
SGIA with Mini-Watt Hydroelectric LLC to be effective 7/1/2019.
    Filed Date: 7/25/19.
    Accession Number: 20190725-5089.
    Comments Due: 5 p.m. ET 8/15/19.

    Docket Numbers: ER19-2465-000.
    Applicants: Massachusetts Electric Company.
    Description: Sec.  205(d) Rate Filing: Filing of SA No. IA-MECO-53
SGIA with Mini-Watt Hydroelectric LLC to be effective 7/1/2019.
    Filed Date: 7/25/19.
    Accession Number: 20190725-5095.
    Comments Due: 5 p.m. ET 8/15/19.

    Docket Numbers: ER19-2466-000.
    Applicants: Public Service Company of New Mexico.

    Description: Initial rate filing: Transmission Construction and
Interconnection Agreement with Pueblo of Acoma to be effective 6/26/
2019.
    Filed Date: 7/25/19.
    Accession Number: 20190725-5096.
    Comments Due: 5 p.m. ET 8/15/19.

    Docket Numbers: ER19-2467-000.
    Applicants: Niagara Mohawk Power Corporation, New York Independent
System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: Engineering & Procurement SA
2471--NMPC & Invenergy Wind Development to be effective 6/25/2019.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5016.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-2468-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Application for Recovery of Cancelled Nuclear Plant
Costs of Duke Energy Carolinas, LLC.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5059.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-2469-000.
    Applicants: Oklahoma Cogeneration, LLC.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 9/6/2019.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5061.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-2470-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Compliance filing: Tri-State OATT's Compliance with
Order No. 845 to be effective 9/22/2019.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5065.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-2471-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
GridLiance Heartland LLC.
    Description: Sec.  205(d) Rate Filing: 2019-07-26_SA 3335
GridLiance Heartland-Ameren Illinois TIA to be effective 12/31/9998.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5084.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-2472-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: APCo-Gulf TFCAT A&R Service
Agreements Amendment Filing (Revised ROE) to be effective 1/1/2019.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5112.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-2473-000.
    Applicants: Basin Electric Power Cooperative, Inc.
    Description: Request for One-Time Waiver of certain requirements
under Attachment O to MISO's Open Access Transmission, Energy and
Operating Reserve Markets Tariff of Basin Electric Power Cooperative.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5121.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-2474-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Tri-State Transmission
Service Agreements to be effective 9/22/2019.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5122.
    Comments Due: 5 p.m. ET 8/16/19.

    Docket Numbers: ER19-2475-000.
    Applicants: UNS Electric, Inc.
    Description: Sec.  205(d) Rate Filing: Line Siting Agreement to be
effective 7/26/2019.
    Filed Date: 7/26/19.
    Accession Number: 20190726-5136.
    Comments Due: 5 p.m. ET 8/16/19.

    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: July 26, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-16455 Filed 8-1-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Notices]
[Pages 30854-30855]
[FR Doc No: 2014-12350]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-E-0595]

Determination of Regulatory Review Period for Purposes of Patent
Extension; ZACTRAN

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for ZACTRAN and is publishing this notice of
that determination as required by law. FDA has made the determination
because of the submission of an application to the Director of Patents
and Trademarks, Department of Commerce, for the extension of a patent
which claims that animal drug product.

ADDRESSES: Submit electronic comments to http://www.regulations.gov.
Submit written petitions (two copies are required) and written comments
to the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
Submit petitions electronically to http://www.regulations.gov at Docket
No. FDA-2013-S-0610.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of
Management, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6257, Silver
Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term
Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug
and Patent Term Restoration Act (Pub. L. 100-670) generally provide
that a patent may be extended for a period of up to 5 years so long as
the patented item (human drug product, animal drug product, medical
device, food additive, or color additive) was subject to regulatory
review by FDA before the item was marketed. Under these acts, a
product's regulatory review period forms the basis for determining the
amount of extension an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For animal drug products, the
testing phase begins on the earlier date when either a major
environmental effects test was initiated for the drug or when an
exemption under section 512(j) of the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) (21 U.S.C. 360b(j)) became effective and runs until
the approval phase begins. The approval phase starts with the initial
submission of an application to market the animal drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of Patents and
Trademarks may award (for example, half the testing phase must be
subtracted as well as any time that may have occurred before the patent
was issued), FDA's determination of the length of a regulatory review
period for an animal drug product will include all of the testing phase
and approval phase as specified in 35 U.S.C. 156(g)(4)(B).
    FDA has approved for marketing the animal drug product ZACTRAN
(gamithromycin). ZACTRAN, an animal drug product, is indicated for the
treatment of bovine respiratory disease (BRD) associated with
Mannheimia haemolytica, Pasteurella multocida, and Histophilus somni in
beef and non-lactating dairy cattle. ZACTRAN is also indicated for the
control of respiratory disease in beef and non-lactating dairy cattle
at high risk of developing BRD associated with M. haemolytica and P.
multocida. Subsequent to this approval, the Patent and Trademark Office
received a patent term restoration application for ZACTRAN (U.S. Patent
No. 5,985,844) from Merck Sharp & Dohme Corp., and the Patent and
Trademark Office requested FDA's assistance in determining this
patent's eligibility for patent term restoration. In a letter dated
February 1, 2013, FDA advised the Patent and Trademark Office that this
animal drug product had undergone a regulatory review period and that
the approval of ZACTRAN represented the first permitted commercial
marketing or use of the product. Thereafter, the Patent and Trademark
Office requested that FDA determine the product's regulatory review
period.
    FDA has determined that the applicable regulatory review period for
ZACTRAN is 2,990 days. Of this time, 2,930 days occurred during the
testing phase of the regulatory review period, while 60 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the FD&C Act (21
U.S.C. 355(i)) became effective: April 11, 2003. The applicant claims
September 11, 1997, as the date the investigational new animal drug
application (INAD) became effective. However, FDA records indicate that
the INAD effective date was April 11, 2003, which was the date a major
health or environmental effects test is begun or the date on which the
Agency acknowledges the filing of a notice of claimed investigational
exemption for a new animal drug, whichever is earlier.
    2. The date the application was initially submitted with respect to
the animal drug product under section 512 of the FD&C Act (21 U.S.C.
360b): April 18, 2011. The applicant claims April 15, 2011, as the date
the new animal drug application (NADA) for ZACTRAN (NADA 141-328) was
initially submitted. However, FDA records indicate that NADA 141-328
was submitted on April 18, 2011.
    3. The date the application was approved: June 16, 2011. FDA has
verified the applicant's claim that NADA 141-328 was approved on June
16, 2011.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the Patent and
Trademark Office applies several statutory limitations in its
calculations of the actual period for patent extension. In its
application for patent extension, this applicant seeks 1,826 days of
patent term extension.
    Anyone with knowledge that any of the dates as published are
incorrect may submit to the Division of Dockets Management (see
ADDRESSES) either electronic or written comments and ask for a
redetermination by July 28, 2014. Furthermore, any interested person
may petition FDA for a determination regarding whether the applicant
for extension acted with due diligence during the regulatory review
period by November 25, 2014. To meet its burden, the petition must
contain sufficient facts to merit an FDA investigation. (See H. Rept.
857, part 1, 98th Cong., 2d sess.,

pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR
10.30.
    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) electronic or written comments and written or
electronic petitions. It is only necessary to send one set of comments.
Identify comments with the docket number found in brackets in the
heading of this document. If you submit a written petition, two copies
are required. A petition submitted electronically must be submitted to
http://www.regulations.gov, Docket No. FDA-2013-S-0610. Comments and
petitions that have not been made publicly available on http://www.regulations.gov may be viewed in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: May 21, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-12350 Filed 5-28-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Proposed Rules]
[Pages 77283-77284]
[FR Doc No: 2015-31273]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-3773; Airspace Docket No. 15-ANM-22]

Proposed Amendment of Class E Airspace; Deer Lodge, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class E airspace extending
upward from 700 feet above the surface at Deer Lodge-City-County
Airport, Deer Lodge, MT. After a review, the FAA found it necessary to
amend the airspace area for the safety and management of standard
instrument approach procedures for Instrument Flight Rules (IFR)
operations at the airport.

DATES: Comments must be received on or before January 28, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2015-
3773; Airspace Docket No. 15-ANM-22, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.9Z, 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 and ATC Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC, 29591;
telephone:<PHONE_NUMBER>. The Order is also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of FAA Order 7400.9Z at NARA, call 202-
741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Steve Haga, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace at Deer Lodge-City-County Airport,
Deer Lodge, MT.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2015-3773;
Airspace Docket No. 15-ANM-22.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document would amend FAA Order 7400.9Z, Airspace Designations
and Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B,
C, D, and E airspace areas, air traffic service routes, and reporting
points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E airspace extending
upward from 700 feet above the surface at Deer Lodge-City-County
Airport, Deer Lodge, MT. After a review of the airspace, the FAA found
modification necessary for the safety and management of standard
instrument approach procedures for IFR operations at the airport. Class
E airspace extending upward from 700 feet above the surface would be
decreased to within a 6-mile radius of Deer Lodge-City-County Airport.

    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9Z, dated August 6, 2015 and effective September 15,
2015, which is incorporated by reference in 14 CFR 71.1. The Class D
and Class E airspace designations listed in this document will be
published subsequently in the Order.

Regulatory Notices and Analyses

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

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet
or More Above the Surface of the Earth.
* * * * *

ANM MT E5 Deer Lodge, MT [Modified]

Deer Lodge-City-County Airport, MT
    (Lat. 46[deg]23'16'' N., long. 112[deg]45'54'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6-mile radius of Deer Lodge-City-County Airport; that
airspace extending upward from 1,200 feet above the surface bounded
by a line beginning at lat. 46[deg]41'00'' N., long. 114[deg]08'00''
W.; to lat. 47[deg]03'00'' N., long. 113[deg]33'00'' W.; to lat.
46[deg]28'00'' N., long. 112[deg]15'00'' W.; to lat. 45[deg]41'00''
N., long. 112[deg]13'00'' W.; to lat. 45[deg]44'00'' N., long.
113[deg]03'00'' W.; thence to the point of origin.

    Issued in Seattle, Washington, on December 7, 2015.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2015-31273 Filed 12-11-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Notices]
[Page 46430]
[FR Doc No: 2012-18980]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP12-884-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: Removal of Capacity Requests Language to be effective
8/25/2012.
    Filed Date: 7/25/12.
    Accession Number: 20120725-5031.
    Comments Due: 5 p.m. ET 8/6/12.

    Docket Numbers: RP12-885-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Trailblazer Pipeline Company LLC submits tariff filing
per 154.204: 2012-07-25 NC Mieco, CIMA to be effective 7/26/2012.
    Filed Date: 7/25/12.
    Accession Number: 20120725-5084.
    Comments Due: 5 p.m. ET 8/6/12.

    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.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service 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 (202) 502-
8659.

    Dated: July 26, 2012.
Nathaniel J. Davis, Sr.
Deputy Secretary
[FR Doc. 2012-18980 Filed 8-2-12; 8:45 am]
BILLING CODE 6717-01-P