[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Notices]
[Pages 57728-57729]
[FR Doc No: 2011-23741]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-56-000]

Texas Eastern Transmission, LP, Algonquin Gas Transmission, LLC;
Notice of Availability of the Draft Environmental Impact Statement for
the Proposed New Jersey--New York Expansion Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared this draft environmental impact statement
(EIS) for the New Jersey--New York Expansion Project (NJ-NY Project or
Project) proposed by Texas Eastern Transmission, LP (Texas Eastern) and
Algonquin Gas Transmission, LLC (Algonquin), both Spectra Energy
Corporation natural gas pipeline companies, in the above-referenced
docket. Texas Eastern and Algonquin request authorization to expand
their natural gas pipeline systems in New Jersey, New York, and
Connecticut, to deliver up to 800,000 dekatherms per day of natural gas
from multiple receipt points on the Texas Eastern and Algonquin
pipeline systems to new delivery points in New Jersey and New York.
    The draft EIS assesses the potential environmental effects of the
construction and operation of the NJ-NY Project in accordance with the
requirements of the National Environmental Policy Act of 1969 (NEPA).
The FERC staff concludes that approval of the proposed Project would
have some adverse environmental impact; however, these impacts would be
reduced to less-than-significant levels with the implementation of
Texas Eastern's and Algonquin's proposed mitigation and the additional
measures we recommend in the draft EIS.
    The U.S. Environmental Protection Agency, U.S. Department of
Transportation, U.S. Army Corps of Engineers, New York City Mayor's
Office, and New York City Department of Environmental Protection
participated as cooperating agencies in the preparation of the draft
EIS. Cooperating agencies have jurisdiction by law or special expertise
with respect to resources potentially affected by the proposal and
participate in the NEPA analysis. While the conclusions and
recommendations presented in the draft EIS were developed with input
from the cooperating agencies, the agencies will present their own
conclusions and recommendations in their respective Records of Decision
for the Project.
    The draft EIS addresses the potential environmental effects of the
construction and operation of the facilities listed below:
    Texas Eastern and Algonquin propose to construct and operate:
     Approximately 19.8 miles of new and replacement 42- and
30-inch-diameter pipeline;
     Six new metering and regulating (M&R) stations;
     Abandonment of 8.95 miles of existing pipelines;
     Modification of four existing compressor stations;
     Installation of aboveground over-pressure protection
regulation at two existing M&R stations;
     Installation of three pig launchers and two pig receivers,
relocation of four pig receivers, and removal of two pig launchers;
     Installation of four mainline and three tap valves along
the proposed pipeline facilities; and
     Installation of a block valve and blind flange to
accommodate a temporary pig receiver.
    The draft EIS has been placed in the public files of the FERC and
is available for public viewing on the FERC's Web site at http://www.ferc.gov. A limited number of copies are available for distribution
and public inspection at: Federal Energy Regulatory Commission, Public
Reference Room, 888 First Street, NE., Room 2A, Washington, DC 20426,
(202) 502-8371.
    Copies of the draft EIS have been mailed to Federal, State, and
local government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes; local
newspapers and libraries in the Project area; intervenors to the FERC's
proceeding; and potentially affected landowners and other interested
individuals and groups. Paper copy versions of this EIS were mailed to
those specifically requesting them; all others received a CD version.

Comment Procedures and Public Meetings

    Any person wishing to comment on the draft EIS may do so. To ensure
consideration of your comments on the proposal in the final EIS, it is
important that the Commission receive your comments before October 31,
2011.
    For your convenience, there are four methods you can use to submit
your comments to the Commission. In all instances, please reference the
Project docket number (CP11-56-000) with your submission. The
Commission encourages electronic filing of comments and has dedicated
eFiling expert staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>Please carefully follow these instructions so that
your comments are properly recorded.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's Web site at http://www.ferc.gov under the link to Documents and Filings. An eComment is an
easy method for interested persons to submit brief, text-only comments
on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at http://www.ferc.gov under the link to Documents and Filings. With eFiling, you
can provide comments in a variety of formats by attaching them as a
file with your submission. New eFiling users must first create an
account by clicking on ``eRegister.'' You will be asked to select the
type of filing you are making. A comment on a particular project is
considered a ``Comment on a Filing''; or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal

Energy Regulatory Commission, 888 First Street, NE., Room 1A,
Washington, DC 20426.
    (4) In addition to or in lieu of sending written or electronic
comments, the Commission invites you to attend one of the public
comment meetings the staff will conduct in the Project area to receive
comments on the draft EIS. Date, time, and location of these meetings
will be sent under a different cover. Interested groups and individuals
are encouraged to attend and present oral comments on the draft EIS.
Transcripts of the meetings will be prepared.
    After the comments are reviewed, any significant new issues are
investigated, and modifications are made to the draft EIS, a final EIS
will be published and distributed. The final EIS will contain the
staff's responses to timely comments received on the draft EIS.
    Although your comments will be considered by the Commission, simply
filing comments will not serve to make the commentor a party to the
proceeding. Any person seeking to become a party to the proceeding must
file a motion to intervene pursuant to Rule 214 of the Commission's
Rules of Practice and Procedures (18 CFR part 385.214).\1\ Only
intervenors have the right to seek rehearing of the Commission's
decision.
---------------------------------------------------------------------------

    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your comments considered.

Questions

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC or on the
FERC (http://www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP11-
56). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at FercOnline
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>; for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of formal
documents issued by the Commission, such as orders, notices, and
rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

    Dated: September 9, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-23741 Filed 9-15-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Page 21297]
[FR Doc No: 2017-09072]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2017-30]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of title 14, Code of Federal Regulations
(14 CFR). The purpose of this notice is to improve the public's
awareness of, and participation in, this aspect of the FAA's regulatory
activities. Neither publication of this notice nor the inclusion or
omission of information in the summary is intended to affect the legal
status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before May 25, 2017.

ADDRESSES: You may send comments identified by docket number FAA-2017-
0268 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments digitally.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lynette Mitterer, ANM-113, Federal
Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356,
email<EMAIL_ADDRESS>phone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Renton, Washington, on April 21, 2017.

Victor Wicklund,
Manager, Transport Standard Staff.

Petition for Exemption

    Docket No.: FAA-2017-0268.
    Petitioner: Gulfstream.
    Section of 14 CFR Affected: Sec.  25.1711(a).
    Description of Relief Sought: Request for partial exemption from
title 14, Code of Federal Regulations (14 CFR) 25.1711(a) at amendment
25-123 for the Gulfstream Model GVII-G500 four production airplanes
whose type design data did not specify labeling of certain Electrical
Wiring Interconnection System (EWIS) components in accordance with the
identification requirement.

[FR Doc. 2017-09072 Filed 5-4-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: August 3, 2009 (Volume 74, Number 147)]
[Notices]
[Page 38438-38439]
[DOCID:fr03au09-73]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0346]

Draft Guidance for Industry: Guide to Minimize Microbial Food
Safety Hazards of Tomatoes; Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance entitled ``Guidance for Industry:
Guide to Minimize Microbial Food Safety Hazards of Tomatoes.'' This
guidance is intended to cover the entire tomato supply chain, both
domestic firms and foreign firms exporting tomatoes into the United
States, to enhance the safety of tomatoes by recommending practices to
minimize microbial food safety hazards and to prevent microbial
contamination. This draft guidance, when finalized, will supplement
existing FDA guidances, including the 1998 ``Guidance for Industry:
Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and
Vegetables,'' which applies to fresh produce commodities, and the 2008
``Guidance for Industry: Guide to Minimize Microbial Food Safety
Hazards of Fresh-cut Fruits and Vegetables,'' which applies to fresh-
cut produce.

DATES:  Although you can comment on any guidance at any time (see 21
CFR 10.115(g)(5)), to ensure that the agency considers your comment on
this draft guidance before it begins work on the final version of the
guidance, submit written or electronic comments on the draft guidance
by October 2, 2009.

ADDRESSES:  Submit written requests for single copies of the draft
guidance to the Office of Food Safety (HFS-317), Center for Food Safety
and Applied Nutrition, 5100 Paint Branch Pkwy., College Park, MD 20740.
Send one self-addressed adhesive label to assist that office in
processing your request, or fax your request to<PHONE_NUMBER>. Submit
written comments on the draft guidance to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Submit electronic comments to http://
www.regulations.gov. See the SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance.

FOR FURTHER INFORMATION CONTACT:  Michelle A. Smith, Center for Food
Safety and Applied Nutrition (HFS-317), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance entitled
``Guidance for Industry: Guide to Minimize Microbial Food Safety
Hazards of Tomatoes.'' This draft guidance covers the growing,

harvesting, packing, processing, and distribution of tomatoes, along
with retail and food service preparation. Such tomatoes may be grown
and harvested either from an open field or a greenhouse; they may be
packed or repacked either for the fresh market or for ``fresh-cut/
value-added processing'' (i.e., minimally processed, such as by slicing
or dicing, and then bagged or prepackaged); and then shipped either to
food service operations or retail establishments where they are offered
for sale to the consumer. The use of the term ``tomatoes'' in this
document includes raw agricultural commodities and fresh-cut/value-
added products. This draft guidance is based primarily on tomato
industry guidelines issued in July 2008 (Ref. 1), along with agency
experience and information from other recent public and private
programs.
    FDA is issuing this draft guidance as Level 1 draft guidance
consistent with FDA's good guidance practices regulation (21 CFR
10.115). The draft guidance, when finalized, will represent the
agency's current thinking on the microbiological hazards that may
result in contamination of fresh and fresh-cut tomatoes and the
recommended control measures for such hazards in the growing,
harvesting, packing, processing, and distribution of tomatoes, along
with retail and food service preparation. It does not create or confer
any rights for or on any person and does not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C.
3501-3520), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct or sponsor. ``Collection of information'' is defined in 44
U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or
requirements that members of the public submit reports, keep records,
or provide information to a third party. Section 3506(c)(2)(A) of the
PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to publish
notice in the Federal Register soliciting public comment on each
proposed collection of information before submitting the collection to
OMB for approval. To comply with this requirement, FDA will publish a
60-day notice on the proposed collection of information in a future
issue of the Federal Register.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. The draft guidance and received
comments may be seen in the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the draft guidance
at either http://www.fda.gov/FoodGuidances or http://
www.regulations.gov.

V. References

    The following reference has been placed on display in the Division
of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852
and may be seen by interested persons between 9 a.m. and 4 p.m., Monday
through Friday.
    1. North American Tomato Trade Workgroup and United Fresh
Produce Association. ``Commodity Specific Food Safety Guidelines for
the Fresh Tomato Supply Chain.'' 2d ed., July 2008. Accessed online
at http://www.fda.gov/Food/FoodSafety/Product-SpecificInformation/
FruitsVegetablesJuices/GuidanceComplianceRegulatoryInformation/
ucm171695.htm.

    Dated: July 28, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-18453 Filed 7-31-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Notices]
[Pages 77619-77620]
[FR Doc No: 2015-31474]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Conference

------------------------------------------------------------------------
                                                    Docket Nos.
------------------------------------------------------------------------
Public Service Company of Colorado......  ER15-237-004
                                          ER15-326-001
                                          ER16-178-000
                                          ER16-180-000
Black Hills/Colorado Electric Utility     ER15-295-003
 Company LP.
                                          ER15-348-003
                                          ER16-212-000
                                          ER16-217-000
------------------------------------------------------------------------

    On Tuesday, December 15, 2015, Commission staff will meet with
Public Service Company of Colorado (PSCo) in Washington, DC. The
purpose of the meeting is to discuss matters related to the filings
submitted by PSCo and Black Hills/Colorado Electric Utility Company LP
in the above-captioned proceedings, including matters related to: (1)
The cost-based rate cap for energy provided

pursuant to the joint dispatch agreement; (2) Standards of Conduct
issues; and (3) the proposed joint dispatch web portal. The meeting
will begin at 10 a.m. at the Federal Energy Regulatory Commission
headquarters building located at 888 First Street NE., Washington, DC,
20426. All interested parties are invited to observe the meeting in
person or to listen to the meeting by telephone.\1\ For further
information please contact Dennis Reardon at<PHONE_NUMBER>.
---------------------------------------------------------------------------

    \1\ Attendees may register in advance at the following Web page:
https://www.ferc.gov/whats-new/registration/12-15-15-form.asp.
Advance registration is not required, but is encouraged.
_____________________________________-

    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free 1 (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER>
with the required accommodations.

    Dated: December 9, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-31474 Filed 12-14-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Notices]
[Pages 23244-23245]
[FR Doc No: 2012-9297]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2011-0249; FRL-9515-4]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Other Solid Waste
Incineration Units (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before May 18, 2012.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2011-0249, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Compliance Assessment
and Media Programs Division, Office of Compliance, Mail Code 2227A,
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 9, 2011 (76 FR 26900), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2011-0249, which is available for public viewing
online at http://www.regulations.gov, or in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 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 Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov to either submit or view public comments, access
the index

listing of the contents of the docket, and to access those documents in
the docket that are available electronically. Once in the system,
select ``docket search,'' then key in the docket ID number identified
above. Please note that EPA's policy is that public comments, whether
submitted electronically or in paper will be made available for public
viewing at http://www.regulations.gov as EPA receives them and without
change, unless the comment contains copyrighted material, Confidential
Business Information (CBI), or other information whose public
disclosure is restricted by statute. For further information about the
electronic docket, go to www.regulations.gov.
    Title: NSPS for Other Solid Waste Incineration Units (Renewal).
    ICR Numbers: EPA ICR Number 2163.04, OMB Control Number 2060-0563.
    ICR Status: This ICR is scheduled to expire on May 31, 2012. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. 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, and 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 affected entities are subject to the General
Provisions of the NSPS at 40 CFR part 60, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 60,
subpart EEEE.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.
    All reports are sent to the delegated state or local authority. In
the event that there is no such delegated authority, the reports are
sent directly to the EPA regional office. This information is being
collected to assure compliance with 40 CFR part 60, subpart EEEE, as
authorized in section 112 and 114(a) of the Clean Air Act. The required
information consists of emissions data and other information that have
been determined to be private.
    In order to ensure compliance with these standards, adequate
reporting and recordkeeping are necessary. In the absence of such
information, enforcement personnel would be unable to determine whether
the standards are being met on a continuous basis, as required by the
Clean Air Act.
    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 are list in 40 CFR part 9 and 48 CFR chapter 15, and are
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average zero
hour per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose and 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. All
existing ways will have to adjust to comply with any previously
applicable instructions and requirements that 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.
    Respondents/Affected Entities: Owners and operators of other solid
waste incineration units.
    Estimated Number of Respondents: 0.
    Frequency of Response: Initially, annually and semiannually.
    Estimated Total Annual Hour Burden: 0.
    Estimated Total Annual Cost: $0.
    Changes in the Estimates: There are no changes in the total
estimated burden as currently identified in the OMB Inventory of
Approved Burdens. At present, there are no OSWI units subject to the
regulations, and no new units are expected to be constructed or
operated over the next three years. It is assumed that potential
respondents would use alternative methods of waste disposal that are
more economical, e.g. landfills, rather than replacing existing OSWI
units. As a result, no respondent or agency burdens or costs have been
estimated, and no annual is burden expected.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-9297 Filed 4-17-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 28, 2010 (Volume 75, Number 187)]
[Proposed Rules]
[Page 59658-59661]
[DOCID:fr28se10-17]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0948; Directorate Identifier 2010-CE-041-AD]
RIN 2120-AA64

Airworthiness Directives; SOCATA Model TBM 700 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

    Following the rupture of an alternator and vapour cycle cooling
system pulley drive assembly, the AD 2008-0067-E was published to
require the replacement of the pulley drive assembly by a new one of
an improved design.
    Later on, cases of rupture of the alternator and vapour cycle
cooling system compressor drive shaft and of cracks on the standby-
alternator and compressor support were reportedly found.
    Such failures could lead to the loss of the alternator and of
the vapour cycle cooling systems, and could also cause mechanical
damage inside the power plant compartment.
    To address this condition, the AD 2008-0129-E superseded AD
2008-0067-E and mandates the removal, as a temporary measure, of the
compressor drive belt and of the torque limiter, the conditional
replacement of the pulley drive shear shaft, and repetitive
inspections for cracks of the pulley drive assembly and of the
alternator/compressor support.

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 12,
2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.

     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Albert Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0948;
Directorate Identifier 2010-CE-041-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On September 8, 2008, we issued AD 2008-19-06, Amendment 39-15673
(73 FR 54067; September 18, 2008). That AD required actions intended to
address an unsafe condition on the products listed above.
    Since we issued AD 2008-19-06, a terminating action has been
developed through installation of newly designed alternator/compressor
support and pulley drive assemblies.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No.: 2010-0130, dated June 29, 2010, to correct an unsafe condition
for the specified products. The MCAI states:

    Following the rupture of an alternator and vapour cycle cooling
system pulley drive assembly, the AD 2008-0067-E was published to
require the replacement of the pulley drive assembly by a new one of
an improved design.
    Later on, cases of rupture of the alternator and vapour cycle
cooling system compressor drive shaft and of cracks on the standby-
alternator and compressor support were reportedly found.
    Such failures could lead to the loss of the alternator and of
the vapour cycle cooling systems, and could also cause mechanical
damage inside the power plant compartment.
    To address this condition, the AD 2008-0129-E superseded AD
2008-0067-E and mandates the removal, as a temporary measure, of the
compressor drive belt and of the torque limiter, the conditional
replacement of the pulley drive shear shaft, and repetitive
inspections for cracks of the pulley drive assembly and of the
alternator/compressor support.
    Revision 1 of the AD 2008-0129-E introduced an alternative
temporary solution with the aim to restore the capability to make
use of the air conditioning system. This solution consists in
replacing the original pulley drive assembly by a time-limited
assembly of a new design, corresponding to the SOCATA modification
MOD 70-0240-21.
    A definitive solution has been released to production aeroplanes
by implementation of SOCATA modification MOD 70-0243-21 or Service
Bulleting (SB) 70-176-21 for in-service aeroplanes.
    This AD which supersedes EASA AD 2008-0129R1-E retaining its
requirements, limits the AD applicability and requires
accomplishment of the terminating action.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    SOCATA has issued SB 70-176, Amendment 1, dated February 2010. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

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

Differences Between This Proposed AD and the MCAI or Service
Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 66 products of U.S.
registry. We also estimate that it would take about 8 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $0 per product. Where the service information lists required
parts costs that are covered under warranty, we have assumed that there
will be no charge for these costs. As we do not control warranty
coverage for affected parties, some parties may incur costs higher than
estimated here.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $44,880, or $680 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications

under Executive Order 13132. This proposed AD would not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:g
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-15673 (73 FR
54067; September 18, 2008), and adding the following new AD:

SOCATA: Docket No. FAA-2010-0948; Directorate Identifier 2010-CE-
041-AD.

Comments Due Date

    (a) We must receive comments by November 12, 2010.

Affected ADs

    (b) This AD supersedes AD 2008-19-06, Amendment 39-15673.

Applicability

    (c) This AD applies to SOCATA TBM 700 airplanes, serial numbers
(S/Ns) 434 through 509, 511 through 516, 519, 520, and 522 through
525, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 21: Air
Conditioning.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Following the rupture of an alternator and vapour cycle cooling
system pulley drive assembly, the AD 2008-0067-E was published to
require the replacement of the pulley drive assembly by a new one of
an improved design.
    Later on, cases of rupture of the alternator and vapour cycle
cooling system compressor drive shaft and of cracks on the standby-
alternator and compressor support were reportedly found.
    Such failures could lead to the loss of the alternator and of
the vapour cycle cooling systems, and could also cause mechanical
damage inside the power plant compartment.
    To address this condition, the AD 2008-0129-E superseded AD
2008-0067-E and mandates the removal, as a temporary measure, of the
compressor drive belt and of the torque limiter, the conditional
replacement of the pulley drive shear shaft, and repetitive
inspections for cracks of the pulley drive assembly and of the
alternator/compressor support.
    Revision 1 of the AD 2008-0129-E introduced an alternative
temporary solution with the aim to restore the capability to make
use of the air conditioning system. This solution consists in
replacing the original pulley drive assembly by a time-limited
assembly of a new design, corresponding to the SOCATA modification
MOD 70-0240-21.
    A definitive solution has been released to production aeroplanes
by implementation of SOCATA modification MOD 70-0243-21 or Service
Bulleting (SB) 70-176-21 for in-service aeroplanes.
    This AD which supersedes EASA AD 2008-0129R1-E retaining its
requirements, limits the AD applicability and requires
accomplishment of the terminating action.

Actions and Compliance

    (f) For airplanes S/Ns 434 through 459 only, unless already
done, before further flight as of September 18, 2008 (the effective
date of AD 2008-19-06), do the following actions following EADS
SOCATA Mandatory TBM Aircraft Alert Service Bulletin SB 70-161,
amendment 2, dated July 2008:
    (1) Remove the pulley drive assembly, the torque limiter, the
compressor drive belt, and the alternator/compressor support.
    (2) Inspect for cracks on the pulley drive surfaces and the
alternator/compressor support welds.
    (i) If any crack is detected, before further flight, replace the
pulley drive assembly following the accomplishment instructions in
SOCATA Mandatory TBM Aircraft Service Bulletin SB 70-176, amendment
1, dated February 2010.
    (ii) Replacement of the assembly incorporates replacement of the
pulley drive sheer shaft required by paragraph (f)(3) of this AD for
airplanes with 30 hours time-in-service (TIS) or more with the
torque limiter installed on the pulley drive shear shaft.
    (3) Replace any pulley drive shear shaft that has accumulated 30
hours TIS or more with the torque limiter installed. This action is
not required if you replaced the whole assembly per paragraph
(f)(2)(i) of this AD.
    (4) Re-install the pulley drive assembly and the alternator/
compressor support, without re-installing the compressor drive belt
or the torque limiter.
    (5) Insert EADS SOCATA SB 70-161, amendment 2, dated June 2008,
in the limitations section of the pilot's operating handbook and
install on the instrument panel and in the pilot's primary field of
vision a placard with the following text:

``AIR COND'' INOPERATIVE

RECOMMENDED ``AIR COND'' SWITCH POSITION: ``MANUAL''

and insert EADS SOCATA SB 70-161-21, amendment 2, dated June 2008,
in the limitations section of the pilot's operating handbook.
    (g) For all S/N airplanes;
    (1) Within 100 hours TIS after September 18, 2008 (the effective
date of AD 2008-19-06), and repetitively thereafter at intervals not
to exceed 100 hours TIS, inspect for cracks on the pulley drive
surfaces and the alternator/compressor support welds, following EADS
SOCATA Mandatory TBM Aircraft Alert Service Bulletin SB 70-161,
amendment 2, dated July 2008.
    (i) For airplanes S/Ns 434 through 459, the inspection required
in paragraph (f)(2) of this AD is considered the initial inspection
required in paragraph (g)(1) of this AD.
    (ii) For accomplishment of the repetitive inspections required
by paragraph (g)(1) of this AD, paragraph C.2 of the accomplishment
instructions of EADS SOCATA Mandatory TBM Aircraft Alert Service
Bulletin SB 70-161, amendment 2, dated July 2008, does not apply
since the torque limiter has already been removed.
    (2) If cracks are found during any of the inspections required
in paragraph (g)(1) of this AD, before further flight, replace the
assembly following SOCATA Mandatory TBM Aircraft Service Bulletin SB
70-176, amendment 1, dated February 2010.
    (h) At the next annual inspection or within 5 months after the
effective date of this AD, whichever occurs first, replace the
alternator/compressor support and pulley drive assemblies with P/N
T700G215500700100 (alternator/compressor support) and P/N
T700G215513500000 (Pulley drive assembly), following the
accomplishment instructions of SOCATA SB 70-176, amendment 1, dated
February 2010.
    (1) After the effective date of this AD, do not install
alternator/compressor support P/N T700G215500700000 and a pulley
drive assembly P/N T700G215510000000.
    (2) Accomplishment of corrective actions as required by
paragraph (f)(2)(i), paragraph (g)(2), or paragraph (h) of this AD
terminates the actions required in paragraphs (f) and (g) of this
AD.

    Note 2: SOCATA SB 70-161-21 amendment 4, dated October 2009, has
been published by SOCATA in order to close the range of airplane S/
Ns concerned by temporary actions.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Albert Mercado, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Special Flight Permit

    (j) We are allowing permission to ferry an airplane to a
maintenance location to accomplish actions required by paragraph (1)
of this AD provided that the air conditioning is switched off during
the entire flight duration.

Related Information

    (k) Refer to MCAI EASA AD No.: 2010-0130, dated June 29, 2010;
and SOCATA Service Bulletin SB 70-176, amendment 1, dated February
2010, for related information.

    Issued in Kansas City, Missouri, on September 22, 2010.
Patrick R. Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-24248 Filed 9-27-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Notices]
[Pages 8953-8956]
[FR Doc No: 2020-03089]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88159; File No. SR-CboeBZX-2020-013]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fee Schedule

February 11, 2020.
    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 January 31, 2020, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    Cboe BZX Equities Exchange (the ``Exchange'' or ``BZX Equities'')
is filing with the Securities and Exchange Commission (``Commission'')
a proposed rule change to amend its Fee Schedule. The text of the
proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary,

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 its Fee Schedule to amend the rate
for liquidity adding orders that yield fee codes ``V'' \3\ and
``Y''.\4\ Additionally, the Exchange proposes to eliminate existing Add
Volume Tier 1, Step-Up Tier 2, and Cross-Asset Add Volume Tiers 1
through 4. The Exchange also proposes to make corresponding changes to
the numbering of the Add Volume Tiers and Step-Up Tiers.
---------------------------------------------------------------------------

    \3\ ``V'' is appended to displayed orders that add liquidity to
BZX Equities (Tape A).
    \4\ ``Y'' is appended to displayed orders that add liquidity to
BZX Equities (Tape C).
---------------------------------------------------------------------------

    The Exchange first notes that it operates in a highly-competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 13 registered equities exchanges, as well as a
number of alternative trading systems and other off-exchange venues
that do not have similar self-regulatory responsibilities under the
Exchange Act, to which market participants may direct their order flow.
Based on publicly available information,\5\ no single registered
equities exchange has more than approximately 16% of the market share.
Thus, in such a low-concentrated and highly competitive market, no
single equities exchange possesses significant pricing power in the
execution of order flow.
---------------------------------------------------------------------------

    \5\ See Cboe Global Markets, U.S. Equities Market Volume Summary
(January 29, 2020), available at https://markets.cboe.com/us/equities/market_statistics/.
---------------------------------------------------------------------------

    The Exchange in particular operates a ``Maker-Taker'' model whereby
it pays credits to Members that provide liquidity and assesses fees to
those that remove liquidity. The Exchange's Fee Schedule sets forth the
standard rebates and rates applied per share for orders that provide
and remove liquidity, respectively. Particularly, for orders priced at
or above $1.00, the Exchange provides a standard rebate of $0.0020 \6\
to $0.0025 \7\ per share for orders that add liquidity and assesses a
fee of $0.0030 per share for orders that remove liquidity. The Exchange
believes that the ever-shifting market share among the exchanges from
month to month demonstrates that market participants can shift order
flow, or discontinue to reduce use of certain categories of products,
in response to fee changes. 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.
---------------------------------------------------------------------------

    \6\ Displayed orders which add liquidity in Tape B securities
receive a standard rebate of $0.0025 per share.
    \7\ Displayed orders which add liquidity in Tape A and C
securities receive a standard rebate of $0.0020 per share.
---------------------------------------------------------------------------

Proposed Change To Amend Standard Rebate for Liquidity Adding Orders in
Securities at or Above $1.00
    The Exchange currently provides rebates for liquidity adding orders
that yield fee codes ``V'' or ``Y'' of $0.0020 in securities priced at
or above $1.00 in Tape A or C securities. Liquidity adding orders
yielding fee code ``B'' \8\ are provided a rebate of $0.0025 in
securities priced at or above $1.00 in Tape B securities. The Exchange
now proposes to increase the current rebate of $0.0020 per share to
$0.0025 per share for orders yielding fee codes ``V'' and ``Y'' in
securities priced at or above $1.00 in Tape A and Tape C securities. As
the proposed rebate for orders yielding fee code ``V'' or ``Y'' is
higher than the current rebate for such orders, the Exchange believes
the proposed amendment will encourage Members to increase their
liquidity on the Exchange.
---------------------------------------------------------------------------

    \8\ ``B'' is appended to displayed orders that add liquidity to
BZX Equities (Tape B).
---------------------------------------------------------------------------

Proposed Change To Eliminate Tier 1 of the Add Volume Tiers
    In response to the competitive environment, the Exchange offers
tiered pricing which provides Members opportunities to qualify for
higher rebates or reduced fees where certain volume criteria and
thresholds are met. Tiered pricing provides incremental incentives for
Members to strive for higher or different tier levels by offering
increasingly higher discounts or enhanced benefits for satisfying
increasingly more stringent criteria or different criteria. For
example, pursuant to footnote 1 of the Fee Schedule, the Exchange
currently offers Tier 1 of the Add Volume Tiers which provides Members
with a higher rebate of $0.0025 per share for liquidity adding orders
yielding fee codes ``B'', ``V'', or ``Y'' when the Member has an ADAV
\9\ as a percentage of TCV \10\ greater than or equal to 0.10%.
Currently, orders yielding fee codes ``V'' and ``Y'' provide a standard
rebate of $0.0020; however, the proposed amendment to fee codes ``V''
and ``Y'' would increase the standard rebate from $0.0020 to $0.0025.
As a result, the rebate provided under Tier 1 would be equal to the
proposed standard rebate of $0.0025 applicable to orders yielding fee
codes ``V'' or ``Y'' and the existing standard rebate of $0.0025
applicable to orders yielding fee code ``B''. Therefore, the Exchange
proposes to eliminate Tier 1 of the Add Volume Tiers and renumber the
remaining tiers accordingly.
---------------------------------------------------------------------------

    \9\ ADAV means average daily volume calculated as the number of
shares added per day. ADAV is calculated on a monthly basis.
    \10\ TCV means total consolidated volume calculated as the
volume reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan for the month for which the
fees apply.
---------------------------------------------------------------------------

Proposed Change To Eliminate Cross-Asset Add Volume Tiers 1 Through 4
of the Add Volume Tiers
    Footnote 1 of the Fee Schedule currently provides for the Cross-
Asset Add Volume Tiers 1 through 4, which provide enhanced rebates
ranging from $0.0028 to $0.0030 per share to Members meeting (1) a
certain ADV \11\ percentage as compared to the TCV on BZX Equities, and
(2) certain liquidity adding option volume on the Cboe BZX Options
Exchange (``BZX Options'') as compared to the OCV.\12\ The Exchange
adopted the Cross-Asset Add Volume Tiers to encourage Members to add
liquidity on both BZX Equities and BZX Options. The Exchange now
proposes to eliminate the four Cross-Asset Add Volume Tiers.
Particularly, no Member has reached any of these tiers in several
months and the Exchange therefore no

longer wishes to, nor is it required to, maintain such tiers.
---------------------------------------------------------------------------

    \11\ ADV means average daily volume.
    \12\ OCC Customer Volume or ``OCV'' means the total equity and
ETF options volume that clears in the Customer range at the Options
Clearing Corporation (``OCC'') for the month for which the fees
apply, excluding volume on any day that the Exchange experiences an
Exchange System Disruption and on any day with a scheduled early
market close, using the definition of Customer as provided under the
Exchange's Fee Schedule for BZX Options.
---------------------------------------------------------------------------

Proposed Change To Eliminate Tier 2 of the Step-Up Tiers
    Footnote 2 of the Fee Schedule currently provides for Tier 2 of the
Step-Up Tiers, which provides an enhanced rebate of $0.0030 per share
for Members with Step-Up Add TCV \13\ from April 2016 equal to or
greater than 0.15% and an ADAV as a percentage of TCV equal to or
greater than 0.20%. The Exchange adopted Tier 2 of the Step-Up Tiers to
encourage Members to grow their ADAV on the Exchange on a monthly basis
from an April 2016 baseline. The Exchange now proposes to eliminate the
Tier 2 of the Step-Up Tiers. Particularly, no Member has reached Tier 2
of the Step-Up Tiers in several months and the Exchange therefore no
longer wishes to, nor is it required to, maintain such tier. The
Exchange no longer believes Tier 2 is necessary and notes the Exchange
is not required to maintain such an incentive program. Additionally,
the Exchange proposes to re-number Step-Up Tiers 4 and 5 to reflect the
elimination of Step-Up Tier 2.
---------------------------------------------------------------------------

    \13\ ``Step-Up Add TCV'' means ADAV as a percentage of TCV in
the relevant baseline month subtracted from current ADAV as a
percentage of TCV.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\14\ in general, and
furthers the objectives of Section 6(b)(4),\15\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and issuers and other persons
using its facilities. The Exchange also notes that it operates in a
highly-competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive or incentives to be insufficient. The
proposed rule change reflects a competitive pricing structure designed
to incentivize market participants to direct their order flow to the
Exchange, which the Exchange believes would enhance market quality to
the benefit of all Members.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange operates in a highly-competitive market in which
market participants can readily direct order flow to competing venues
if they deem fee levels at a particular venue to be excessive or
incentives to be insufficient. The proposed rule changes reflect a
competitive pricing structure designed to incentivize market
participants to direct their order flow to the Exchange, which the
Exchange believes would enhance market quality to the benefit of all
Members.
    In particular, the Exchange believes the proposed amendment to
increase the rebate for orders yielding fee codes ``V'' and ``Y'' from
$0.0020 to $0.0025 is reasonable because it would uniformly provide a
rebate of $0.0025 per share across Tape A, Tape B, and Tape C
securities priced at or above $1.00. Further, the Exchange believes the
proposed increased rebate will encourage additional order flow on the
Exchange, which may result in greater liquidity to the benefit of all
market participants on the Exchange by providing more trading
opportunities. The Exchange also believes the proposed amendment to
remove existing Tier 1 of the Add Volume Tiers is reasonable because
the tier offers the same rebate as the proposed standard rebate for
orders yielding fee codes ``V'' and ``Y'' and the existing standard
rebate for orders yielding fee code ``B''. Therefore, existing Tier 1
of the Add Volume Tiers would provide no further incentive for Members
to achieve an ADAV greater than or equal to 0.10% as a percentage of
TCV. The Exchange believes the proposed changes are equitable and not
unfairly discriminatory because they apply equally to all Members.
    The Exchange believes eliminating the Cross-Asset Add Volume Tiers
1 through 4 and Step-Up Tier 2 is reasonable because the Exchange is
not required to maintain these tiers and Members still have a number of
other opportunities and a variety of ways to receive enhanced rebates,
including the proposed enhanced standard rebate to orders yielding fee
code ``V'' or ``Y''. Moreover, as noted above, no Member has achieved
these tiers in several months. The Exchange believes the proposal to
eliminate these tiers is also equitable and not unfairly discriminatory
because it applies to all Members.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on intramarket or intermarket competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
Rather, as discussed above, the Exchange believes that the proposed
change would encourage the submission of additional displayed order
flow to a public exchange, thereby promoting market depth, execution
incentives and enhanced execution opportunities, as well as price
discovery and transparency for all Members. As a result, the Exchange
believes that the proposed change furthers the Commission's goal in
adopting Regulation NMS of fostering competition among orders, which
promotes ``more efficient pricing of individual stocks for all types of
orders, large and small.'' \16\
---------------------------------------------------------------------------

    \16\ Securities Exchange Act Release No. 51808, 70 FR 37495,
37498-99 (June 29, 2005) (S7-10-04) (Final Rule).
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    The Exchange believes the proposed rule change does not impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Particularly, the proposed
change applies to all Members equally in that all Members are eligible
to receive the enhanced standard rebate for orders yielding fee code
``V'' or ``Y''. Additionally the proposed change is designed to attract
additional order flow to the Exchange. The Exchange believes that the
modified standard rebate for orders yielding fee code ``V'' or ``Y''
would incentivize market participants to direct displayed liquidity
and, as a result, executable order flow and improved price
transparency, to the Exchange. Greater overall order flow and pricing
transparency benefits all market participants on the Exchange by
providing more trading opportunities, enhancing market quality, and
continuing to encourage Members to send orders, thereby contributing
towards a robust and well-balanced market ecosystem, which benefits all
market participants. Next, the Exchange believes the proposed rule
change does not impose any burden on intermarket competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
As previously discussed, the Exchange operates in a highly competitive
market. Members have numerous alternative venues that they may
participate on and direct their order flow, including other equities
exchanges and off-exchange venues and alternative trading systems.
Additionally, the Exchange represents a small percentage of the overall
market. Based on publicly available information, no single equities
exchange has more than approximately 16% of the market share.\17\
Therefore, no exchange possesses significant pricing power in the
execution of order flow. Indeed, participants can readily choose to
send their orders to other exchange and off-exchange venues if they
deem fee levels at those other venues to be more

favorable. Moreover, 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.'' \18\ 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 as follows: ``[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 order-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 possesses a monopoly, regulatory or otherwise, in
the execution of order flow from broker dealers'. . . .''.\19\
Accordingly, the Exchange does not believe its proposed fee change
imposes any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
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    \17\ See supra note 5.
    \18\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \19\ 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-NYSEArca-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

    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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \20\ of the Act and subparagraph (f)(2) of Rule
19b-4 \21\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
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    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \22\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \22\ 15 U.S.C. 78s(b)(2)(B).
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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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-CboeBZX-2020-013 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 No. SR-CboeBZX-2020-013. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. SR-CboeBZX-2020-013, and should be submitted
on or before March 10, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-03089 Filed 2-14-20; 8:45 am]
 BILLING CODE 8011-01-P