[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Notices]
[Page 68056]
[FR Doc No: 2013-27058]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2013-0403; FRL-9902-67-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; EPA's Design for the Environment (DfE) Logo
Redesign Consultations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted a new
information collection request (ICR), ``EPA's Design for the
Environment (DfE) Logo Redesign Consultations'' (EPA ICR No. 2487.01,
OMB Control No. 2070-NEW) to the Office of Management and Budget (OMB)
for review and approval in accordance with the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.). Public comments were previously requested via
the Federal Register (78 FR 44560) on July 24, 2013, during a 60-day
comment period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. An Agency may not conduct or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before December 13,
2013.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OPPT-2013-0403, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Pamela Myrick, Deputy Director,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics, Mail code: 7408-M, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-554-
1404; fax number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Supporting documents which explain in detail the information that
the EPA will be collecting are available in the public docket for this
ICR. The docket can be viewed online at www.regulations.gov or in
person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The telephone number for the Docket Center is
202-566-1744. For additional information about EPA's public docket,
visit http://www.epa.gov/dockets.
    Abstract: This information collection supports the consultation
process by which the U.S. Environmental Protection Agency (EPA) will
select a revised logo and messaging for its Design for the Environment
(DfE) program. A key goal of the Agency's DfE program is to work with
businesses to voluntarily incorporate safer chemicals and other health
and environmental considerations into the design of their products and
processes. To achieve this goal, DfE relies on outreach activities and
information dissemination to industry participants and the public, as
well as non-governmental organizations, EPA Regions, federal government
laboratories, and state and local governments. Effective outreach and
communications are vital to program success. The DfE program must
ensure that its logo communicates clearly its safer chemistry and
pollution prevention goals.
    DfE's current logo has remained unchanged since the program began
in 1992. The current DfE logo is dated and does not adequately convey
and enable DfE's objective: To advance chemical-based products that are
safer for people and the environment. A redesigned logo and messaging
are needed to enhance communications and for the program to reach its
potential. It is important for the redesign effort to be informed by
consumers, manufacturing partners, retailers, and other key audiences.
    To help ensure broad public participation in the redesign process
and that EPA receives input from a diverse demographic, the Agency will
conduct a number of focus group sessions to obtain feedback on several
logo design concepts and associated wording. DfE will also sponsor two
surveys to gauge public awareness and understanding of the logo and its
meaning before and after the redesign.
    Form Numbers: None.
    Respondents/affected entities: Individual adult consumers who are
members of the general population.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: 8,990.
    Frequency of response: On occasion.
    Total estimated burden: 1,997 hours per year. Burden is defined at
5 CFR 1320.03(b).
    Total estimated cost: $62,076 per year, includes $0 annualized
capital or operation and maintenance costs.
    Changes in the estimates: This is a new ICR.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2013-27058 Filed 11-12-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60049-60051]
[FR Doc No: 2016-20961]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78694; File No. SR-BX-2016-047]

Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Expand the Short
Term Option Series Program

August 26, 2016.
    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 August 25, 2016, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``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.
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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 proposes to expand the Short Term Option Series
Program to allow Wednesday expirations for SPY options.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqbx.cchwallstreet.com/, at the principal office
of the Exchange, 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 BX Rules at Chapter I, Section
1(a)(60) and Chapter IV, Section 6 at Commentary .07 to expand the
Short Term Option Series Program to permit the listing and trading of
options with Wednesday expirations.
    Currently, under the Short Term Option Series Program, the Exchange
may open for trading on any Thursday or Friday that is a business day
series of options on that class that expire on each of the next five
consecutive Fridays, provided that such Friday is not a Friday in which
monthly options series or Quarterly Options Series expire (``Short Term
Option Series''). The Exchange is now proposing to amend its rule to
permit the listing of options expiring on Wednesdays. Specifically, the
Exchange is proposing that it may open for trading on any Tuesday or
Wednesday that is a business day, series of options on the SPDR S&P 500
ETF Trust (SPY) to expire on any Wednesday of the month that is a
business day and is not a Wednesday in which Quarterly Options Series
expire (``Wednesday SPY Expirations'').\3\ The proposed Wednesday SPY
Expiration series will be similar to the current Short Term Option
Series, with certain exceptions, as explained in greater detail below.
The Exchange notes that having Wednesday expirations is not a novel
proposal. Specifically, BOX Options Exchange LLC (``BOX'') recently
received approval to list Wednesday expirations for SPY options.\4\
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    \3\ See BX Rule Chapter IV, Section 6 at Commentary .07.
    \4\ See Securities Exchange Act Release No. 78668 (SR-BOX-2016-
28) (pending publication in the Federal Register).
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    In regards to Wednesday SPY Expirations, the Exchange is proposing
to remove the current restriction preventing the Exchange from listing
Short Term Option Series that expire in the same week in which monthly
option series in the same class expire. Specifically, the Exchange will
be allowed to list Wednesday SPY Expirations in the same week in which
monthly option series in SPY expire. The current restriction to
prohibit the expiration of monthly and Short Term Option Series from
expiring on the same trading day is reasonable to avoid investor
confusion. This confusion will not apply with Wednesday SPY Expirations
and standard monthly options because they will not expire on the same
trading day, as standard monthly options do not expire on Wednesdays.
Additionally, it would lead to investor confusion if Wednesday SPY
Expirations were not listed for one week every month because there was
a monthly SPY expiration on the Friday of that week.
    Under the proposed Wednesday SPY Expirations, the Exchange may list
up to five consecutive Wednesday SPY Expirations at one time. The
Exchange may have no more than a total of five Wednesday SPY
Expirations listed. This is the same listing procedure as Short Term
Option Series that expire on Fridays. This means, under the proposal,
the Exchange would be allowed to list five Short Term Option Series
expirations for SPY expiring on Friday under the current rule and five
Wednesday SPY Expirations. The interval between strike prices for the
proposed Wednesday SPY Expirations will be the same as those for the
current Short Term Option Series. Specifically, the Wednesday SPY
Expirations will have $0.50 strike intervals.
    Currently, for each Short Term Option Expiration Date,\5\ the
Exchange is limited to opening thirty (30) series for each expiration
date for the specific class. The thirty (30) series restriction does
not include series that are open by other securities exchanges under
their respective short term option rules; the Exchange may list these
additional series that are listed by other exchanges.\6\ The thirty
(30) series restriction shall apply to Wednesday SPY Expiration series
as well. In addition, the Exchange will be able to list series that are
listed by other exchanges, assuming they file similar rules with the
Commission to list SPY options expiring on Wednesdays.
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    \5\ BX may open for trading on any Thursday or Friday that is a
business day series of options on that class that expire on each of
the next five consecutive Fridays that are business days and are not
Fridays in which monthly options series or Quarterly Options Series
expire (``Short Term Option Expiration Dates''). See BX Rule Chapter
IV, Section 6 at Commentary .07.
    \6\ See BX Rule Chapter IV, Section 6 at Commentary .07.
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    As is the case with current Short Term Option Series, the Wednesday
SPY Expiration series will be P.M.-settled. The Exchange does not
believe that any market disruptions will be encountered with the
introduction of

P.M.-settled Wednesday SPY Expirations. The Exchange currently trades
P.M.-settled Short Term Option Series that expire almost every Friday,
which provide market participants a tool to hedge special events and to
reduce the premium cost of buying protection. The Exchange seeks to
introduce Wednesday SPY Expirations to, among other things, expand
hedging tools available to market participants and to continue the
reduction of the premium cost of buying protection. The Exchange
believes that Wednesday expirations, similar to Friday expirations,
would allow market participants to purchase an option based on their
timing as needed and allow them to tailor their investment and hedging
needs more effectively.
    The Exchange is also amending the definition of Short Term Option
Series to make clear that it includes Wednesday expirations.\7\
Specifically, the Exchange is amending the definition to expand Short
Term Option Series to those listed on any Tuesday or Wednesday and that
expire on the Wednesday of the next business week. If a Tuesday or
Wednesday is not a business day, the series may be opened (or shall
expire) on the first business day immediately prior to that Tuesday or
Wednesday. The Exchange believes that the introduction of Wednesday SPY
Expirations will provide investors with a flexible and valuable tool to
manage risk exposure, minimize capital outlays, and be more responsive
to the timing of events affecting the industry.
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    \7\ See proposed Chapter I, Section 1(a)(60).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\8\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general to
protect investors and the public interest.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes the Short Term Option Series
Program has been successful to date and that Wednesday SPY Expirations
simply expand the ability of investors to hedge risk against market
movements stemming from economic releases or market events that occur
throughout the month in the same way that the Short Term Option Series
Program has expanded the landscape of hedging. Similarly, the Exchange
believes Wednesday SPY Expirations should create greater trading and
hedging opportunities and flexibility, and provide customers with the
ability to more closely tailor their investment objectives. The
Exchange believes that allowing Wednesday SPY Expirations and monthly
SPY expirations in the same week will benefit investors and minimize
investor confusion by providing Wednesday SPY Expirations in a
continuous and uniform manner. Finally, the Exchange represents that it
has an adequate surveillance program in place to detect manipulative
trading in Wednesday SPY Expirations in the same way it monitors
trading in the current Short Term Option Series. The Exchange also
represents that it has the necessary systems capacity to support the
new options series. Also, the Exchange notes that BOX Options Exchange
LLC (``BOX'') recently received approval to list Wednesday expirations
for SPY options.\10\
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    \10\ See supra, note 4.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange notes that having
Wednesday expirations is not a novel proposal, BOX has received
approval to list Wednesday expirations for SPY options.\11\ The
Exchange does not believe the proposal will impose any burden on intra-
market competition, as all market participants will be treated in the
same manner. Additionally, the Exchange does not believe the proposal
will impose any burden on inter-market competition, as nothing prevents
the other options exchanges from proposing similar rules.
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    \11\ See supra, note 4.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\12\ and Rule 19b-4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intention to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days from the date of filing. However, Rule
19b-4(f)(6)(iii) \14\ permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange has asked the Commission to waive the
30-day operative delay so that the proposal may become operative
immediately upon filing. The Commission notes that it recently approved
BOX's substantially similar proposal to list and trade Wednesday SPY
Expirations.\15\ The Exchange has stated that waiver of the operative
delay will allow the Exchange to list and trade Wednesday SPY
Expirations as soon as possible, and therefore, promote competition
among the option exchanges. For these reasons, the Commission believes
that the proposed rule change presents no novel issues and that waiver
of the 30-day operative delay is consistent with the protection of
investors and the public interest, and will allow the Exchange to
remain competitive with other exchanges. Therefore, the Commission
hereby waives the 30-day operative delay and designates the proposal
effective upon filing.\16\ 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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    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ See supra note 4.
    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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 Number SR-BX-2016-047 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-BX-2016-047. 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 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 Web site 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; 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-BX-2016-047 and should be
submitted on or before September 21, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Brent J. Fields,
Secretary.
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    \17\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2016-20961 Filed 8-30-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: June 26, 2007 (Volume 72, Number 122)]
[Notices]
[Page 35046-35047]
[DOCID:fr26jn07-34]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-51-000]

Gulfstream Natural Gas System, L.L.C.; Notice of Availability of
the Environmental Assessment for the Proposed Gulfstream Phase IV
Project

June 19, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) on the
natural gas pipeline facilities proposed by Gulfstream Natural Gas
System, L.L.C. (Gulfstream) in the above-referenced docket.
    The EA was prepared to satisfy the requirements of the National
Environmental Policy Act. The staff concludes that approval of the
proposed project, with appropriate mitigating measures, would not
constitute a major federal action significantly affecting the quality
of the human environment.
    The EA assesses the potential environmental effects of the
construction and operation of approximately 17.73 miles of 20-inch
diameter offshore pipeline and 0.01 miles of 20-inch diameter onshore
pipeline. Compression would be added at two locations within the
existing Gulfstream System. One 15,000 horsepower (HP) turbine-driven
compressor unit would be installed at Gulfstream's existing Compressor
Station 410 in Mobile County, Alabama. A new 30,000 HP turbine-driven
compressor station would be constructed at the existing pressure-
reduction Station 420 site in Manatee County, Florida at MP 427.8 (Line
200).
    Progress Energy Florida, Inc. (Progress Energy) is scheduled to re-
power their Bartow Plant in Pinellas County, Florida. The 472-megawatt
(MW) oil-fired plant is scheduled to be re-powered with three combined
cycle gas turbines that will generate 1,100 MW of power. Natural gas
consumption is

expected to be approximately 155 thousand decatherms per day (Mdth/d).
Gulfstream has executed an agreement to enter into a long-term service
agreement with Progress Energy to provide 155 Mdth/d of firm natural
gas transportation service to the Bartow Plant. In order to provide the
requested transportation service, it is necessary for Gulfstream to
expand its current system with the facilities listed in the preceding
paragraph and described in the EA.
    The EA has been placed in the public files of the FERC. A limited
number of copies of the EA 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 EA have been mailed to Federal; State; and local
agencies; public interest groups; individuals who have requested the
EA; libraries; newspapers; and parties to this proceeding.
    Any person wishing to comment on the EA may do so. To ensure
consideration prior to a Commission decision on the proposal, it is
important that we receive your comments before the date specified
below. Please carefully follow these instructions to ensure that your
comments are received in time and properly recorded:
     Send an original and two copies of your comments to:
Secretary, Federal Energy Regulatory Commission, 888 First St., NE.,
Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of the
Gas Branch 3;
     Reference Docket No. CP07-51-000; and
     Mail your comments so that they will be received in
Washington, DC on or before July 19, 2007.
    The Commission strongly encourages electronic filing of any
comments or interventions or protests to this proceeding. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov under the ``e-Filing'' link and the link to the

User's Guide. Before you can file comments you will need to create a
free account which can be created by clicking on ``Sign-up.''
    Comments will be considered by the Commission but will not serve to
make the commenter 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 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.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (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. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. 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 now offers a free service called
eSubscription which 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.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-12305 Filed 6-25-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Rules and Regulations]
[Pages 17685-17687]
[FR Doc No: 2015-07594]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0155]
RIN 1625-AA00

Safety Zone: Marina del Rey Fireworks Show, Santa Monica Bay;
Marina del Rey, California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a temporary safety zone
in Marina del Rey around the fireworks launch site located on the south
jetty. This temporary safety zone is necessary to provide for the
safety of the waterway users during the fireworks display that will
take place in the vicinity of the Marina del Rey Main Channel. Entry
into this temporary safety zone will be prohibited unless specifically
authorized by the Captain of the Port, Los Angeles--Long Beach, or her
designated representative.

DATES: This rule is effective on April 10, 2015 from 8:00 p.m. to 10:00
p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0155]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LCDR Brandon Link, Waterways Management,
U.S. Coast Guard Sector Los Angeles--Long Beach; telephone (310) 521-
3860, email<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule as it would be impracticable due to the short
notice of the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register due to the short notice of the
event.

B. Basis and Purpose

    The legal basis for this rulemaking can be found in 33 CFR 1.05-1
which authorizes the Coast Guard to establish and define safety zones.
The fireworks fallout zone will impede normal boating traffic in the
Marina del Rey Main Channel. Due to the potentially hazardous
conditions, this temporary safety zone is necessary to ensure the
safety of all waterway users.

C. Discussion of the Final Rule

    The U.S. Coast Guard is establishing a temporary safety zone on
April 10, 2015 encompassing all navigable waters from the surface to
the sea floor within a 400 foot radius around the fireworks launch site
on the south jetty in approximate position 33-57.742N 118-27.380W. This
temporary safety zone will be enforced from 8:00 p.m. to 10:00 p.m.
During the enforcement period, vessels are prohibited from entering
into, transiting through, or anchoring within the designated area
unless authorized by the Captain of the Port or her designated
representative. Sector Los Angeles--Long Beach may be contacted on VHF-
FM Channel 16 or

310-521-3801. General boating public will be notified prior to the
enforcement of the temporary safety zone via Broadcast Notice to
Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
    The implementation of this temporary safety zone is necessary for
the protection of all waterway users. The size of the zone is the
minimum necessary to provide adequate protection for the waterways
users, adjoining areas, and the public. Any hardships experienced by
persons or vessels are considered minimal compared to the interest in
protecting the public. Accordingly, full regulatory evaluation under
paragraph 10 (e) of the regulatory policies and procedures of the DHS
is unnecessary.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor within the designated area during the designated enforcement
times. This temporary safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: (i) Vessel traffic can pass safely around the area, (ii) this
zone is limited in scope and duration, (iii) the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 prior to and
while the safety zone is enforced.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National

Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701; 50 U.S.C.
191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295,
1.16 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add 165.T11-688 to read as follows:

Sec.  165.T11-688  Safety Zone: Marina del Rey Fireworks Show, Santa
Monica Bay; Marina del Rey, California.

    (a) Location. The limits of the safety zone are as follows:
encompassing all navigable waters from the surface to the sea floor
within a 400 foot radius around the fireworks launch site on the south
jetty in approximate position 33-57.742N 118-27.380W.
    (b) Enforcement Period. This section will be enforced on April 10,
2015. The temporary safety zone will be enforced from 8:00 p.m. to
10:00 p.m. General boating public will be notified prior to the
enforcement of the temporary safety zone via Broadcast Notice to
Mariners.
    (c) Regulations. In accordance with the general regulations in
Sec.  165.23 of this part, vessels are prohibited from entering into,
transiting through, or anchoring within the designated area unless
authorized by the Captain of the Port or her designated representative.
Sector Los Angeles--Long Beach may be contacted on VHF-FM Channel 16 or
310-521-3801.

    Dated: March 19, 2015.
J. F. Williams,
Captain, U.S. Coast Guard, Captain of the Port Los Angeles--Long Beach.
[FR Doc. 2015-07594 Filed 4-1-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 15977-15978]
[FR Doc No: 2013-05754]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Rule 15a-6; SEC File No. 270-0329, OMB Control No. 3235-
0371.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 15a-6, (17 CFR 240.15a-
6), under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).
The Commission plans to submit this existing collection of information
to the Office of Management and Budget (``OMB'') for extension and
approval.
    Rule 15a-6 provides conditional exemptions from the requirement to
register as a broker-dealer pursuant to Section 15 of the Exchange Act
(15 U.S.C. 78o) for foreign broker-dealers that engage in certain
specified activities involving U.S. persons. In particular, Rule 15a-
6(a)(3) provides an exemption from broker-dealer registration for
foreign broker-dealers that solicit and effect transactions with or for
U.S. institutional investors or major U.S. institutional investors
through a registered broker-dealer, provided that the U.S. broker-
dealer, among other things, obtains certain information about, and
consents to service of process from, the personnel of the foreign
broker-dealer involved in such transactions, and maintains certain
records in connection therewith.
    These requirements are intended to ensure (a) that the registered
broker-dealer will receive notice of the identity of, and has reviewed
the background of, foreign personnel who will contact U.S. investors,
(b) that the foreign broker-dealer and its personnel effectively may be
served with process in the event enforcement action is necessary, and
(c) that the Commission has ready access to information concerning
these persons and their U.S. securities activities. Commission staff
estimates that approximately 2,000 U.S. registered broker-dealers will
spend an average of two hours of clerical staff time and one hour of
managerial staff time per year obtaining the information required by
the rule, resulting in a total aggregate burden of 6,000 hours per year
for complying with the rule. Assuming an hourly cost of $63 \1\ for a
compliance clerk and $269 \2\ for a compliance manager, the resultant
total internal labor cost of compliance for the respondents is $790,000
per year (2,000 entities x ((2 hours/entity x $63/hour) + (1 hour per
entity x $269/hour)) = $790,000).
---------------------------------------------------------------------------

    \1\ The hourly rate used for a compliance clerk was from SIFMA's
Office Salaries in the Securities Industry 2012, modified by
Commission staff to account for an 1,800 hour work-year and
multiplied by 2.93 to account for bonuses, firm size, employee
benefits and overhead.
    \2\ The hourly rate used for a compliance manager was from
SIFMA's Management & Professional Earnings in the Securities
Industry 2012, modified by Commission staff to account for an 1,800
hour work-year and multiplied by 5.35 to account for bonuses, firm
size, employee benefits and overhead.
---------------------------------------------------------------------------

    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in

writing within 60 days of this publication.
    The Commission may not conduct or sponsor a collection of
information unless it displays a currently valid OMB control number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the PRA that does not display a
valid OMB control number.
    Please direct your written comments to: Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, Virginia 22312 or
send an email to<EMAIL_ADDRESS>
    Dated: March 6, 2013.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-05754 Filed 3-12-13; 8:45 am]
BILLING CODE 8011-01-P


Conversation with T. Busby, August 2009.

Wildwood Consulting

To reduce nutrient runoff and satisfy its waste load allocation (WLA)
under the Lower St. Johns River total maximum daily load (TMDL),
Anheuser Bush used hyacinth management, a baffle system, and aeration in
certain zones of its Lem Turner location. At its Main Street location,
it reduced it’s nutrient load by altering its nutrient management
plan, and increasing the acreage of its land application of wastewater.
Georgia Pacific similarly reduced the quantity of nutrients added to its
treatment ponds.


[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Pages 32212-32215]
[FR Doc No: 2022-11398]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94970; File No. SR-PEARL-2022-19]

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

May 23, 2022.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on May 9, 2022, MIAX PEARL, LLC (``MIAX Pearl'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

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

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

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

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

1. Purpose
    The Exchange proposes to amend the Add/Remove Tiered Rebates/Fees
set forth in Section (1)(a) of the Fee Schedule to modify the Taker
fees (defined below) in certain Tiers for transactions in Penny Classes
(defined below) for MIAX Pearl Market Makers.\3\ The Exchange
originally filed this proposal on April 29, 2022 (SR-PEARL-2022-16). On
May 9, 2022, the Exchange withdrew SR-PEARL-2022-16 and resubmitted
this proposal.
---------------------------------------------------------------------------

    \3\ ``Market Maker'' means a Member registered with the Exchange
for the purpose of making markets in options contracts traded on the
Exchange and that is vested with the rights and responsibilities
specified in Chapter VI of Exchange Rules. See the Definitions
Section of the Fee Schedule and Exchange Rule 100.
---------------------------------------------------------------------------

Background
    The Exchange currently assesses transaction rebates and fees to all
market participants which are based upon the total monthly volume
executed by the Member \4\ on MIAX Pearl in the relevant, respective
origin type (not including Excluded Contracts) \5\ (as the numerator)
expressed as a percentage of (divided by) TCV \6\ (as the denominator).
In addition, the per contract transaction rebates and fees are applied
retroactively to all eligible volume for that origin type once the
respective threshold tier (``Tier'') has been reached by the Member.
The Exchange aggregates the volume of Members and their Affiliates.\7\
Members that place resting liquidity, i.e., orders resting on the book
of the MIAX Pearl System,\8\ are paid the specified ``maker'' rebate
(each a ``Maker''), and Members that execute against resting liquidity
are assessed the specified ``taker'' fee (each a ``Taker''). For
opening transactions and ABBO \9\ uncrossing transactions, per contract
transaction rebates and fees are waived for all market participants.
Finally, Members are assessed lower transaction fees and receive lower
rebates for order executions in standard option classes in the Penny
Interval Program \10\ (``Penny Classes'') than for order executions in
standard option classes which are not in the Penny Interval Program
(``Non-Penny Classes''), where Members are assessed higher transaction
fees and receive higher rebates.
---------------------------------------------------------------------------

    \4\ ``Member'' means an individual or organization that is
registered with the Exchange pursuant to Chapter II of Exchange
Rules for purposes of trading on the Exchange as an ``Electronic
Exchange Member'' or ``Market Maker.'' Members are deemed
``members'' under the Exchange Act. See the Definitions Section of
the Fee Schedule and Exchange Rule 100.
    \5\ ``Excluded Contracts'' means any contracts routed to an away
market for execution. See the Definitions Section of the Fee
Schedule.
    \6\ ``TCV'' means total consolidated volume calculated as the
total national volume in those classes listed on MIAX PEARL for the
month for which the fees apply, excluding consolidated volume
executed during the period time in which the Exchange experiences an
``Exchange System Disruption'' (solely in the option classes of the
affected Matching Engine (as defined below)). The term Exchange
System Disruption, which is defined in the Definitions section of
the Fee Schedule, means an outage of a Matching Engine or collective
Matching Engines for a period of two consecutive hours or more,
during trading hours. The term Matching Engine, which is also
defined in the Definitions section of the Fee Schedule, is a part of
the MIAX PEARL electronic system that processes options orders and
trades on a symbol-by-symbol basis. Some Matching Engines will
process option classes with multiple root symbols, and other
Matching Engines may be dedicated to one single option root symbol
(for example, options on SPY may be processed by one single Matching
Engine that is dedicated only to SPY). A particular root symbol may
only be assigned to a single designated Matching Engine. A
particular root symbol may not be assigned to multiple Matching
Engines. The Exchange believes that it is reasonable and appropriate
to select two consecutive hours as the amount of time necessary to
constitute an Exchange System Disruption, as two hours equates to
approximately 1.4% of available trading time per month. The Exchange
notes that the term ``Exchange System Disruption'' and its meaning
have no applicability outside of the Fee Schedule, as it is used
solely for purposes of calculating volume for the threshold tiers in
the Fee Schedule. See the Definitions Section of the Fee Schedule.
    \7\ ``Affiliate'' means (i) an affiliate of a Member of at least
75% common ownership between the firms as reflected on each firm's
Form BD, Schedule A, or (ii) the Appointed Market Maker of an
Appointed EEM (or, conversely, the Appointed EEM of an Appointed
Market Maker). An ``Appointed Market Maker'' is a MIAX PEARL Market
Maker (who does not otherwise have a corporate affiliation based
upon common ownership with an EEM) that has been appointed by an EEM
and an ``Appointed EEM'' is an EEM (who does not otherwise have a
corporate affiliation based upon common ownership with a MIAX PEARL
Market Maker) that has been appointed by a MIAX PEARL Market Maker,
pursuant to the following process. A MIAX PEARL Market Maker
appoints an EEM and an EEM appoints a MIAX PEARL 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.
    \8\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \9\ ``ABBO'' means the best bid(s) or offer(s) disseminated by
other Eligible Exchanges (defined in Exchange Rule 1400(g) and
calculated by the Exchange based on market information received by
the Exchange from OPRA. See the Definitions Section of the Fee
Schedule and Exchange Rule 100.
    \10\ See Securities Exchange Act Release No. 88992 (June 2,
2020), 85 FR 35142 (June 8, 2020) (SR-PEARL-2020-06).
---------------------------------------------------------------------------

Proposal
    The Exchange proposes to amend the Fee Schedule for the Exchange's
options market to modify the Taker fees in certain Tiers for options
transactions in Penny Classes for MIAX Pearl Market Makers. Currently,
the Exchange provides different Taker fees for options transactions in
Penny Classes for MIAX Pearl Market Makers when trading against
Priority Customer \11\ Origin in Tiers 5 and 6 depending on whether the
executing buyer and seller are or are not the same Member or Affiliate.
In particular, the Exchange assesses a Taker fee of $0.48 for options
transactions in Penny Classes for MIAX Pearl Market Makers when trading
against Priority Customer Origin in Tier 5 when the executing buyer and
seller are the same Member or Affiliates. This is denoted by the symbol
``[starf]'' following the tables of rebates and fees in Section (1)(a)
of the Fee Schedule. The Exchange also assesses a Taker fee of $0.50
for options transactions in Penny Classes for MIAX Pearl Market Makers
when trading against Priority Customer Origin in Tier 5 when the
executing buyer and seller are not the same Member or Affiliates. This
is denoted by the symbol ``[star]'' following the tables of rebates and
fees in Section (1)(a) of the Fee Schedule. Similarly, the Exchange
assesses a Taker fee of $0.47 for options transactions in Penny Classes
for MIAX Pearl Market Makers when trading against Priority Customer
Origin in Tier 6 when the executing buyer and seller are the same
Member or Affiliates. This is denoted by the symbol ``[starf]''
following the tables of rebates and fees in Section (1)(a) of the Fee
Schedule. The Exchange also assesses a Taker fee of $0.50 for options
transactions in Penny Classes for MIAX Pearl Market Makers when trading
against Priority Customer

Origin in Tier 6 when the executing buyer and seller are not the same
Member or Affiliates. This is denoted by the symbol ``[star]''
following the tables of rebates and fees in Section (1)(a) of the Fee
Schedule.
---------------------------------------------------------------------------

    \11\ 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 accounts(s). The
number of orders shall be counted in accordance with Interpretation
and Policy .01 of Exchange Rule 100. See the Definitions Section of
the Fee Schedule and Exchange Rule 100, including Interpretation and
Policy .01.
---------------------------------------------------------------------------

    The Exchange now proposes to remove the symbols ``[starf]'' and
``[loz]'' from the Fee Schedule and no longer assess different Taker
fees for options transactions in Penny Classes for MIAX Pearl Market
Makers when trading against the Priority Customer Origin in Tiers 5 and
6 depending on whether the executing buyer and seller are or are not
the same Member or Affiliate. With the proposed changes, the Exchange
will assess the Taker fee rate of $0.50 for all options transactions in
Penny Classes for MIAX Pearl Market Makers when trading against the
Priority Customer Origin in Tiers 5 and 6. Accordingly, the Exchange
proposes to delete the $0.48 Taker fee rate in Tier 5 and $0.47 Taker
fee rate in Tier 6 in the MIAX Pearl Market Origin table for options
transactions in Penny Classes when trading against the Priority
Customer Origin.
    The purpose of adjusting the specified Taker fees is for business
and competitive reasons. In order to attract order flow, the Exchange
initially set its Taker fees so that they were lower than other options
exchanges that operate comparable maker/taker pricing models.\12\ The
Exchange now believes that it is appropriate to further adjust these
specified Taker fees so that they are more in line with other
exchanges, but will still remain highly competitive such that they
should enable the Exchange to continue to attract order flow and
maintain market share.\13\
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release Nos. 80061 (February
17, 2017), 82 FR 11676 (February 24, 2017) (SR-PEARL-2017-10)
(establishing the Exchange's fee schedule with the highest Tier
Taker fee of $0.47 for Market Makers in Penny Classes); 82900 (March
19, 2018), 83 FR 12836 (March 23, 2018) (SR-PEARL-2018-09) (lowering
Taker fees in Tiers 4, 5 and 6 to $0.43 for Market Makers in Penny
Classes approximately one year after the Exchange's launch); 83814
(August 9, 2018), 83 FR 40605 (August 15, 2018) (SR-PEARL-2018-17)
(increasing Taker fees in Tiers 4, 5 and 6 for Market Makers in
Penny Classes to bring those fees more in line with other options
exchanges' taker fees at that time).
    \13\ See e.g., BOX Options Fee Schedule, Section I. Electronic
Transaction Fees, A. Non-Auction Transactions (base Taker fee of
$0.50 per contract for the Market Maker account type when trading
against a Public Customer).
---------------------------------------------------------------------------

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 that it
is an equitable allocation of reasonable dues, fees and other charges
among Exchange members and issuers and other persons using its
facilities, and 6(b)(5) of the Act,\16\ in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    The Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. In Regulation NMS,
the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \17\
---------------------------------------------------------------------------

    \17\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).
---------------------------------------------------------------------------

    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than approximately 13-
14% market share for the month of May 2022.\18\ Therefore, no exchange
possesses significant pricing power. More specifically, as of May 9,
2022, the Exchange has a market share of approximately 4.67% of
executed volume of multiply-listed equity options for the month of May
2022.\19\ 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 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).\20\ The Exchange experienced a
decrease in total market share for the month of March 2019, after the
proposal went into effect. Accordingly, the Exchange believes that its
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.
---------------------------------------------------------------------------

    \18\ See ``The market at a glance,'' (last visited May 9, 2022),
available at https://www.miaxoptions.com/.
    \19\ See id.
    \20\ See Securities Exchange Act Release No. 85304 (March 13,
2019), 84 FR 10144 (March 19, 2019) (SR-PEARL-2019-07).
---------------------------------------------------------------------------

    The Exchange believes its proposal to modify the Taker fees in
certain Tiers for options transactions in Penny classes for Market
Makers is reasonable, equitable and not unfairly discriminatory because
all similarly situated market participants in the same Origin type are
subject to the same tiered Taker fees and access to the Exchange is
offered on terms that are not unfairly discriminatory. For competitive
and business reasons, the Exchange initially set its Taker fees for
such orders generally lower than certain other options exchanges that
operate comparable maker/taker pricing models.\21\ The Exchange now
believes that it is appropriate to modify those specified Taker fees by
removing the different rates depending on whether the executing buyer
and seller are the same Member or Affiliates, thereby making the Taker
fee the same $0.50 for Tiers 5 and 6 so that they are more in line with
other exchanges, and will still remain highly competitive such that
they should enable the Exchange to continue to attract order flow and
maintain market share.
---------------------------------------------------------------------------

    \21\ See supra note 12.
---------------------------------------------------------------------------

    The Exchange believes its proposal is not unfairly discriminatory
because, with the proposed changes, the Taker fees for Market Makers
will be the same as the Taker fees for all other Origin types except
for Priority Customer Origin orders. With the proposed changes, the
Taker fees for Market Makers will be $0.50 per contract for all Tiers,
which is the same as the Taker fees for all Tiers for the Non-Priority
Customer, Firm, BD, and non-MIAX Pearl Market Makers Origin

(``Professional Members''). The Exchange believes that it is equitable
and not unfairly discriminatory to assess higher Taker fees to Market
Makers and Professional Members than to Priority Customer Origin
orders. A Priority Customer is by definition not a broker or dealer in
securities, and does not place more than 390 orders in listed options
per day on average during a calendar month for its own beneficial
account(s).\22\ This limitation does not apply to participants on the
Exchange whose behavior is substantially similar to that of market
professionals, including non-Priority Customers, Non-MIAX Pearl Market
Makers, Firms, and Broker-Dealers, who will generally submit a higher
number of orders (many of which do not result in executions) than
Priority Customers.
---------------------------------------------------------------------------

    \22\ See supra note 11.
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\23\ and Rule 19b-4(f)(2) \24\ 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.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \24\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-PEARL-2022-19 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-PEARL-2022-19. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-PEARL-2022-19, and should be submitted
on or before June 17, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-11398 Filed 5-26-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Notices]
[Pages 75135-75136]
[FR Doc No: 2014-29528]

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

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: RP15-255-000.
    Applicants: Chesapeake Energy Marketing, L.L.C.,SND Operating, LLC.
    Description: Joint Petition for Limited Waiver and Expedited Action
of Chesapeake Energy Marketing, L.L.C. and SND Operating, LLC.
    Filed Date: 12/9/14.
    Accession Number: 20141209-5153.
    Comments Due: 5 p.m. ET 12/19/14.

    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.

Filings in Existing Proceedings

    Docket Numbers: PR13-63-001.
    Applicants: American Midstream (SIGCO Intrastate), LLC.
    Description: Tariff filing per 284.123/.224: Compliance Filing
(PR13-63) to be effective 12/5/2014; TOFC: 790.
    Filed Date: 12/5/14.
    Accession Number: 50141205-5197.
    Comments Due: 5 p.m. ET 12/26/14.
    284.123(g) Protests Due:

    Docket Numbers: RP15-101-002.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Compliance filing per 154.203: Comply with RP15-101
Order regarding GTC 10 to be effective 12/1/2014.
    Filed Date: 12/9/14.
    Accession Number: 20141209-5187.
    Comments Due: 5 p.m. ET 12/22/14.

    Docket Numbers: RP15-167-001.
    Applicants: High Island Offshore System, L.L.C.
    Description: Compliance filing per 154.203: Capacity Release
Amendment Filing to be effective 10/16/2014.
    Filed Date: 12/9/14.
    Accession Number: 20141209-5128.
    Comments Due: 5 p.m. ET 12/22/14.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.

    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, 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: December 10, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-29528 Filed 12-16-14; 8:45 am]
BILLING CODE 6717-01-P


Time	Name	Affiliation	Stakeholder Group

(Industry, Nonprofit, Environment, Public Health, Private Citizen) Address	Telephone	E-Mail Address

1	Anne Mellinger-Birdsong, MD	Private Citizen

	Private Citizen

	934 Artwood Rd., NE

Atlanta, GA  30307<PHONE_NUMBER><EMAIL_ADDRESS> 2	Howard J. Feldman	American Petroleum Institute

	Industry	API

<<1220 L St., NW>>

<<Washington>, <DC> <20005-4070>>

<PHONE_NUMBER>

<EMAIL_ADDRESS> 3	Dr. Julie J. Goodman

	Gradient Corporation representing American Petroleum Institute

Gradient Corporation

20 University Rd.

Cambridge, MA 02138<PHONE_NUMBER>

<EMAIL_ADDRESS> 4	Deborah Shprentz	Consultant to the American Lung Association

	Public Health

703-437-0959<EMAIL_ADDRESS>

5	Rebecca Watts Hull

	Mothers & Others for Clean Air – Georgia Conservancy

	Environment & Public Health

	6	Charles J. White	American Lung Association in Georgia & South Carolina

	Public Health

	2452 Spring Rd.

Smyrna, GA 30080<PHONE_NUMBER>

<EMAIL_ADDRESS>

7	Dr. Yolonda Whyte

	Pediatrician

<PHONE_NUMBER><EMAIL_ADDRESS> 8	Annie Mackay

	Utility Air Regulatory Group

	Nonprofit	Hunton & Williams LLP

Bank of America Plaza, St 4100

600 Peachtree St., N.E.

Atlanta, GA 30308

<PHONE_NUMBER>

<EMAIL_ADDRESS>

9	John Blair	Valley Watch

	Environment & Public Health

	800 Adams Ave.

Evansville, IN  47713<PHONE_NUMBER><EMAIL_ADDRESS> 10	Mark Woodall	Georgia Chapter of the Sierra Club	Environment

	PO Box 185

Woodland, GA 31836<PHONE_NUMBER><EMAIL_ADDRESS> 11

	Robert Brown

	SC Department of Health and Environmental Control	State

803-898-3251

<EMAIL_ADDRESS> 12	Dr. LeRoy Graham	American Lung Association of Georgia	Public Health

	891 Byrnwyck Rd.

Atlanta, GA  30319<PHONE_NUMBER><EMAIL_ADDRESS> 13	Ed Harrison

	American Lung Association Midland States

	Public Health	Chattanooga, TN<PHONE_NUMBER><EMAIL_ADDRESS> 14	Mary Carr Bendeck	Southern Alliance for Clean Energy

250 Arizona Ave., NE

Atlanta, GA  30307<PHONE_NUMBER> ext. 3<EMAIL_ADDRESS> 15	Alison Amyx	Private Citizen

<EMAIL_ADDRESS> 16	Imran Battla	Sustainable Atlanta

191 Peachtree St., NE

Suite 3300

Atlanta, GA  30303

<PHONE_NUMBER><EMAIL_ADDRESS> 17	Dr. Bert Lesnick	American Thoracic Society

	Public Health	Georgia Pediatric Pulmonary

1100 Lake Hearn Dr., NE

Suite 450

Atlanta, GA  30342<PHONE_NUMBER><EMAIL_ADDRESS>

List of Speakers for Atlanta SO2 NAAQS Public Hearing – January 5, 2010

 PAGE

 PAGE   2

List of Speakers for Atlanta SO2 NAAQS Public Hearing – January 5, 2010


[Federal Register: November 2, 2009 (Volume 74, Number 210)]
[Notices]
[Page 56608]
[DOCID:fr02no09-36]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-80-000]

Three Buttes Windpower, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

October 23, 2009.
    This is a supplemental notice in the above-referenced proceeding of
Three Buttes Windpower, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 12, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-26238 Filed 10-30-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Notices]
[Pages 63614-63615]
[FR Doc No: 2011-26375]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-21-000]

Agua Caliente Solar, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Agua Caliente Solar, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 25, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 5, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-26375 Filed 10-12-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 26, 2009 (Volume 74, Number 37)]
[Rules and Regulations]
[Page 8745-8747]
[DOCID:fr26fe09-19]

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DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30652; Amdt. No. 3309]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective February 26, 2009. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 26, 2009.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or

    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http: //www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    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.
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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on February 6, 2009.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, and
97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs.

--------------------------------------------------------------------------------------------------------------------------------------------------------
        FDC date               State                 City                   Airport           FDC No.                        Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
01/16/09...............  OH                 COLUMBUS..............  RICKENBACKER INTL.....       9/2429  THIS NOTAM PUBLISHED IN TL 09-05 IS HEREBY
                                                                                RESCINDED IN ITS ENTIRETY. ILS RWY 5R, ILS RWY
                                                                                5R (CAT II), AMDT 2
01/22/09...............  AL                 ALABASTER.............  SHELBY COUNTY.........       9/2468  VOR OR GPS A, AMDT 6
01/22/09...............  OK                 BARTLESVILLE..........  BARTLESVILLE MUNI.....       9/2554  LOC RWY 17, AMDT 3
01/22/09...............  AZ                 PHOENIX...............  PHOENIX-MESA GATEWAY..       9/2602  RNAV (GPS) RWY 30L, ORIG
01/22/09...............  MQ                 SAND ISLAND, MIDWAY     HENDERSON FLD.........       9/2619  RNAV (GPS) RWY 24, ORIG-A
                                             ATOLL.
01/22/09...............  MQ                 SAND ISLAND, MIDWAY     HENDERSON FLD.........       9/2620  RNAV (GPS) RWY 6, ORIG-A
                                             ATOLL.

01/22/09...............  MQ                 SAND ISLAND, MIDWAY     HENDERSON FLD.........       9/2621  NDB RWY 24, ORIG
                                             ATOLL.
01/22/09...............  MQ                 SAND ISLAND, MIDWAY     HENDERSON FLD.........       9/2622  NDB RWY 6, ORIG
                                             ATOLL.
01/23/09...............  OK                 TULSA.................  TULSA INTL............       9/2663  ILS OR LOC RWY 36R, ILS RWY 36R (CAT II) AMDT
                                                                                29
01/23/09...............  MN                 MINNEAPOLIS...........  AIRLAKE...............       9/2667  VOR OR GPS RWY 12, AMDT 1A
01/23/09...............  MN                 MINNEAPOLIS...........  AIRLAKE...............       9/2668  ILS OR LOC RWY 30, ORIG-B
01/23/09...............  TX                 EL PASO...............  HORIZON...............       9/2701  VOR/DME OR GPS A, AMDT 4A
01/23/09...............  TX                 EL PASO...............  EL PASO INTL..........       9/2704  RADAR-1, AMDT 13B
01/23/09...............  TX                 EL PASO...............  EL PASO INTL..........       9/2705  ILS OR LOC RWY 22, AMDT 32A
01/23/09...............  TX                 EL PASO...............  EL PASO INTL..........       9/2706  GPS RWY 4, ORIG-A
01/23/09...............  TX                 EL PASO...............  EL PASO INTL..........       9/2707  RNAV (GPS) RWY 22, ORIG-A
01/23/09...............  NY                 CANANDAIGUA...........  CANANDAIGUA...........       9/2878  RNAV (GPS) RWY 13, ORIG
02/03/09...............  MD                 BALTIMORE.............  BALTIMORE-WASHINGTON         9/3453  ILS RWY 15R, AMDT 15A
                                                                     INTL THURGOOD
                                                                     MARSHALL.
01/30/09...............  OR                 REDMOND...............  ROBERTS FIELD.........       9/3721  ILS OR LOC RWY 22, AMDT 2
02/05/09...............  OH                 COLUMBUS..............  RICKENBACKER INTL.....       9/4049  ILS RWY 5R, ILS RWY 5R (CAT II) AMDT 2
02/04/09...............  CA                 PALMDALE..............  PALMDALE REGIONAL/USAF       9/4286  RNAV (GPS) RWY 25, ORIG-B
                                                                     PLANT 42.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. E9-3215 Filed 2-25-09; 8:45 am]

BILLING CODE 4910-13-P