[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Notices]
[Pages 86552-86554]
[FR Doc No: 2020-28838]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-15-000]

Algonquin Gas Transmission, LLC; Notice of Application and
Establishing Intervention Deadline

    Take notice that on December 8, 2020, Algonquin Gas Transmission,
LLC (Algonquin), 5400 Westheimer Court, Houston, TX 77056, filed an
application under sections 7(b) and 7(c) of the Natural Gas Act (NGA),
and Part 157 of the Commission's regulations, requesting an amendment
to the certificate of public convenience and necessity issued by the
Commission to Algonquin on April 4, 2019, in Docket No. CP19-13-000 for
the Yorktown M&R Replacement & Reliability Project. The certificate
authorized the replacement of Algonquin's existing Yorktown Metering
and Regulation (M&R) Station in Westchester County, New York with
upgraded facilities to allow for additional flexibility and reliability
on Algonquin's system as well as an increase in the certificated
capacity of the station to 31,200 dekatherms per day (Dth/d) from the
current 9,522 Dth/d. Algonquin is now seeking approval to modify the
project facilities to eliminate a flow control valve and gas
catalytical heater, which will reduce the certificated capacity of the
Yorktown M&R Station to 18,000 Dth/d. Algonquin is also requesting an
extension of time until April 4, 2022, to complete the project and
place the project facilities into service, all as more

fully set forth in the application which is on file with the Commission
and open for public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions regarding the proposed project should be directed to
Lisa A. Connolly, Director, Rates and Certificates, Algonquin Gas
Transmission, LLC, 5400 Westheimer Court, Houston, Texas 77056, or by
phone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: Complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
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    \1\ 18 CFR (Code of Federal Regulations) Sec.  157.9.
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Public Participation

    There are two ways to become involved in the Commission's review of
this project: You can file comments on the project, and you can file a
motion to intervene in the proceeding. There is no fee or cost for
filing comments or intervening. The deadline for filing a motion to
intervene is 5:00 p.m. Eastern Time on January 12, 2021.

Comments

    Any person wishing to comment on the project may do so. Comments
may include statements of support or objections to the project as a
whole or specific aspects of the project. The more specific your
comments, the more useful they will be. To ensure that your comments
are timely and properly recorded, please submit your comments on or
before January 12, 2021.
    There are three methods you can use to submit your comments to the
Commission. In all instances, please reference the Project docket
number (CP21-15-000) in your submission.
    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's website at www.ferc.gov
under the link to Documents and Filings. Using eComment is an easy
method for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; first select ``General'' and then select ``Comment on a
Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address below.\2\ Your written comments must reference
the Project docket number (CP21-15-000).
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    \2\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
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First Street NE, Washington, DC 20426.

    The Commission encourages electronic filing of comments (options 1
and 2 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Persons who comment on the environmental review of this project
will be placed on the Commission's environmental mailing list, and will
receive notification when the environmental documents (EA or EIS) are
issued for this project and will be notified of meetings associated
with the Commission's environmental review process.
    The Commission considers all comments received about the project in
determining the appropriate action to be taken. However, the filing of
a comment alone will not serve to make the filer a party to the
proceeding. To become a party, you must intervene in the proceeding.
For instructions on how to intervene, see below.

Interventions

    Any person, which includes individuals, organizations, businesses,
municipalities, and other entities,\3\ has the option to file a motion
to intervene in this proceeding. Only intervenors have the right to
request rehearing of Commission orders issued in this proceeding and to
subsequently challenge the Commission's orders in the U.S. Circuit
Courts of Appeal.
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    \3\ 18 CFR 385.102(d).
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    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is January 12, 2021. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
the your interest in the proceeding. [For an individual, this could
include your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene.] For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
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    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
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    There are two ways to submit your motion to intervene. In both
instances, please reference the Project docket number (CP21-15-000) in
your submission.
    (1) You may file your motion to intervene by using the Commission's
eFiling feature, which is located on the Commission's website
(www.ferc.gov) under the link to Documents and Filings. New eFiling
users must first create an account by clicking on ``eRegister.'' You
will be asked to select the type of filing you are making; first select
``General'' and then select ``Intervention.'' The eFiling feature
includes a document-less intervention option; for more information,
visit

https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf; or
    (2) You can file a paper copy of your motion to intervene, along
with three copies, by mailing the documents to the address below.\6\
Your motion to intervene must reference the Project docket number
(CP21-15-000).
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    \6\ Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
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First Street NE, Washington, DC 20426.

    The Commission encourages electronic filing of motions to intervene
(option 1 above) and has eFiling staff available to assist you at (202)
502-8258 or [email protected]
    Motions to intervene must be served on the applicant either by mail
or email at: 5400 Westheimer Court, Houston, Texas 77056 or at
<EMAIL_ADDRESS>Any subsequent submissions by an intervenor
must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online. Service can be via
email with a link to the document.
    All timely, unopposed \7\ motions to intervene are automatically
granted by operation of Rule 214(c)(1).\8\ Motions to intervene that
are filed after the intervention deadline are untimely, and may be
denied. Any late-filed motion to intervene must show good cause for
being late and must explain why the time limitation should be waived
and provide justification by reference to factors set forth in Rule
214(d) of the Commission's Rules and Regulations.\9\ A person obtaining
party status will be placed on the service list maintained by the
Secretary of the Commission and will receive copies (paper or
electronic) of all documents filed by the applicant and by all other
parties.
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    \7\ The applicant has 15 days from the submittal of a motion to
intervene to file a written objection to the intervention.
    \8\ 18 CFR 385.214(c)(1).
    \9\ 18 CFR 385.214(b)(3) and (d).
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Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission 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. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.
    Intervention Deadline: 5:00 p.m. Eastern Time on January 12, 2021.

    Dated: December 22, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-28838 Filed 12-29-20; 8:45 am]
BILLING CODE 6717-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on November 4, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-16418

________________________________________________________________________
________________________________________________________

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

Applicant:  Alitalia Express S.p.A.							Date Filed:  October 25, 2005

Relief requested:  Renew exemption from 49 U.S.C. § 41301 to the extent
necessary for underlying authority to permit Alitalia Express to display
the airline designator code of Delta Air Lines, Inc. (“DL”) on
intra-European regional routes served by Alitalia Express.

If renewal, date and citation of last action:  October 29, 2003, in this
docket

Applicant representative:  Richard D. Mathias<PHONE_NUMBER>

DOT Analyst:  Shelita A. Smith<PHONE_NUMBER>

Responsive pleadings:  None filed

DISPOSITION

Action:  Approved							Action date:  November 4, 2005

(We acted on this application without awaiting expiration of the 15-day
answer period with the consent of all parties served.)

Effective dates of exemption authority granted:  November 4, 2005 –
November 4, 2007

Basis for approval (bilateral agreement/reciprocity): U.S.-Italy Air
Transport Agreement

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

     X  Standard exemption conditions (attached)
Foreign air carrier permit   (          )

    X   Statement of authorization to conduct code share operations
granted to, among others, Delta Air Lines and Alitalia Express, dated
October 26, 2001, in Docket OST-2001-10417, and conditions therein.

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:  Paul L. Gretch, Director

		   Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant is qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied

all requests in the referenced Docket.  We may amend, modify, or revoke
the authority granted in this Notice at any time without hearing at our
discretion.

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

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

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

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

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

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

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

05/2004


[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Notices]
[Pages 73091-73095]
[FR Doc No: 2020-25182]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90379; File No. SR-CboeBZX-2020-079]

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

November 9, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 2, 2020, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

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

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the

proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity
options platform (``BZX Options''), effective November 2, 2020.
    The Exchange first notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 16 options venues to which market participants
may direct their order flow. Based on publicly available information,
no single options exchange has more than 18% of the market share and
currently the Exchange represents less than 8% of the market share.\3\
Thus, in such a low-concentrated and highly competitive market, no
single options exchange, including the Exchange, possesses significant
pricing power in the execution of option order flow. The Exchange
believes that the ever-shifting market share among the exchanges from
month to month demonstrates that market participants can shift order
flow, or discontinue to reduce use of certain categories of products,
in response to fee changes. Accordingly, competitive forces constrain
the Exchange's transaction fees, and market participants can readily
trade on competing venues if they deem pricing levels at those other
venues to be more favorable. The Exchange's fee schedule sets forth
standard rebates and rates applied per contract. For example, the
Exchange assesses a standard rebate of $0.29 per contract for Market
Maker orders that add liquidity in Penny Pilot Securities and a
standard rebate of $0.40 per contract in Non-Penny Pilot Securities.
Additionally, in response to the competitive environment, the Exchange
also offers tiered pricing, as discussed in further detail in the
following paragraphs, which provides Members opportunities to qualify
for higher rebates or reduced fees where certain volume criteria and
thresholds are met. Tiered pricing provides an incremental incentive
for Members to strive for higher tier levels, which provides
increasingly higher benefits or discounts for satisfying increasingly
more stringent criteria. For example, the Exchange currently offers 10
Market Maker Penny Add Volume Tiers (``MM Penny Add Tier'') under
footnote 6 of the fee schedule which provide rebates between $0.33 and
$0.46 per contract for qualifying Market Maker orders which meet
certain add liquidity thresholds and yield fee code PM.\4\
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    \3\ See Cboe Global Markets U.S. Options Market Volume Summary
(October 29, 2020), available at https://markets.cboe.com/us/options/market_statistics/.
    \4\ Orders yielding fee code PM are Market Maker orders that add
liquidity in Penny Pilot securities.
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    The Exchange proposes to adopt two new MM Penny Add Tiers,
specifically Tiers 9 and 10.\5\ First, the Exchange proposes to adopt
new MM Penny Add Tier 9, which will provide Members an additional
opportunity and alternative means to receive an enhanced rebate for
meeting the corresponding proposed criteria. Particularly, proposed MM
Penny Add Tier 9 would provide an enhanced rebate of $0.43 per contract
where a Member (1) has an ADAV \6\ in Market Maker orders greater than
or equal to 0.15% of average OCV; \7\ (2) has a Step Up ADAV in Market
Maker orders from September 2020 greater than or equal to 0.10% of
average OCV; (3) has on BZX Equities an ADV \8\ greater than or equal
to 0.60% of average TCV; \9\ and (4) has on BZX Equities a Step Up ADV
from September 2020 greater than or equal to 0.05% of average TCV.
Proposed MM Penny Add Tier 10 would provide an enhanced rebate of $0.44
per contract where a Member (1) has an ADAV in Market Maker orders
greater than or equal to 0.20% of average OCV; (2) has a Step Up ADAV
in Market Maker orders from September 2020 greater than or equal to
0.15% of average OCV; (3) has on BZX Equities an ADV greater than or
equal to 0.60% of average TCV; and (4) has on BZX Equities a Step Up
ADV from September 2020 greater than or equal to 0.10% of average
TCV.\10\ The Exchange believes the proposed tiers, along with the
existing tiers, continue to provide an incremental incentive for
Members to strive for the highest tier levels, which provide
increasingly higher rebates for such transactions. Additionally, the
Exchange notes two of the prongs of the proposed criteria in both tiers
are similar to the criteria set forth in MM Penny Add Tier 9.\11\
Particularly, those thresholds include a threshold relating to ADAV in
Market Maker orders and a cross-asset threshold, which is designed to
incentivize Members to achieve certain levels of participation on both
the Exchange's options and equities platform (``BZX Equities''). The
Exchange also proposes to add step-up ADAV thresholds (one relating to
just options volume and the other equities volume), both of which are
designed to encourage growth (i.e., Members must increase their
relative liquidity each month over a predetermined baseline (in this
case the month being September 2020)). Overall, the proposed enhanced
rebates and corresponding criteria is designed to encourage Members to
increase their order flow, thereby contributing to a deeper and more
liquid market, which benefits all market participants and provides
greater execution opportunities on the Exchange.
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    \5\ The Exchange would renumber current MM Penny Add Tiers 9 and
10 to MM Penny Add Tiers 11 and 12, respectively.
    \6\ ``ADAV'' means average daily added volume calculated as the
number of contracts added.
    \7\ ``OCV'' means the total equity and ETF options volume that
clears in the Customer range at the Options Clearing Corporation
(``OCC'') for the month for which the fees apply, excluding volume
on any day that the Exchange experiences an Exchange System
Disruption and on any day with a scheduled early market close.
    \8\ ``ADV'' means average daily volume calculated as the number
of shares added to, removed from, or routed by, the Exchange, or any
combination or subset thereof, per day. ADV is calculated on a
monthly basis.
    \9\ ``TCV'' means total consolidated volume calculated as the
volume reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan for the month for which the
fees apply.
    \10\ The Exchange also proposes to add the proposed rebate
amounts to the Standard Rates Table. The Exchange notes that
although current MM Penny Add Tier 9 offers a rebate of $0.44 per
share, the Exchange inadvertently omitted to add that rate to the
Standard Rates Table previously.
    \11\ See BZX Options Fees Schedule, current Tier 9 of the Market
Maker Penny Add Volume Tiers (footnote 6).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6 of the Act,\12\ in general, and furthers the
requirements of Section 6(b)(4),\13\ in particular, as it is designed
to provide for the equitable allocation of reasonable dues, fees and
other charges among its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers. The Exchange operates
in a highly-competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive or incentives to be insufficient. The
proposed rule changes reflect a competitive pricing structure designed
to incentivize market participants to direct their order flow to

the Exchange, which the Exchange believes would enhance market quality
to the benefit of all Members.
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    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4).
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    In particular, the Exchange believes the proposed Market Maker
Penny Add Volume Tiers are reasonable because they provides additional
opportunities for Members to receive a higher rebate by providing
alternative criteria for which they can reach. The Exchange notes that
volume-based incentives and discounts have been widely adopted by
exchanges,\14\ including the Exchange,\15\ and are reasonable,
equitable and non-discriminatory because they are open to all Members
on an equal basis and provide additional benefits or discounts that are
reasonably related to (i) the value to an exchange's market quality and
(ii) associated higher levels of market activity, such as higher levels
of liquidity provision and/or growth patterns. Additionally, as noted
above, the Exchange operates in a highly competitive market. The
Exchange is only one of several options venues to which market
participants may direct their order flow, and it represents a small
percentage of the overall market. Competing options exchanges offer
similar tiered pricing structures to that of the Exchange, including
schedules of rebates and fees that apply based upon Members achieving
certain volume and/or growth thresholds. These competing pricing
schedules, moreover, are presently comparable to those that the
Exchange provides.
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    \14\ See e.g., Cboe EDGX U.S. Options Exchange Fee Schedule,
Footnote 2, Market Maker Volume Tiers, which provide reduced fees
between $0.01 and $0.17 per contract for Market Maker Penny and Non-
Penny orders where Members meet certain volume thresholds.
    \15\ See e.g., Cboe BZX U.S. Options Exchange Fee Schedule,
Footnotes 6 and 7, Market Maker Penny Pilot and Non-Penny Pilot
Volume Tiers which provide enhanced rebates for Market Maker orders
where Members meet certain volume thresholds.
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    Moreover, the Exchange believes the proposed MM Penny Add Tiers 9
and 10 are a reasonable means to encourage Members to increase their
liquidity on the Exchange and also their participation on BZX Equities.
The Exchange believes that adopting tiers with alternative criteria to
the existing Market Maker Volume Tiers may encourage those Members who
could not previously achieve the criteria under existing Market Maker
Volume Tiers 9 and 10 (proposed to be renumbered to Tiers 11 and 12) to
increase their order flow on BZX Options and Equities. For example, the
proposed tiers would provide an opportunity for Members who have an
ADAV in Market Makers Orders of at least 0.15% of average OCV, but less
than the more stringent 0.50% of average OCV (the requirement under
current Tier 9, i.e. new Tier 11), to receive a higher rebate than they
may currently receive but slightly lower than the rebate they would
receive for reaching the more stringent criteria under current Tier 9
(new Tier 11), if they also meet the threshold requirement based on BZX
Equities participation and can grow a modest amount since September
2020. Similarly, for Market Makers that participate on both BZX Options
and Equities, and do not currently meet the 1.00% ADAV threshold under
current Tier 9 (i.e., new Tier 11), but can or do meet the proposed
equities ADV threshold, the proposed tier may incentivize those
participants to grow their options volume in order to receive enhanced
rebates. Increased liquidity benefits all investors by deepening the
Exchange's liquidity pool, offering additional flexibility for all
investors to enjoy cost savings, supporting the quality of price
discovery, promoting market transparency and improving investor
protection. The Exchange also believes that proposed enhanced rebates
are reasonable based on the difficulty of satisfying the tiers'
criteria and ensures the proposed rebates and thresholds appropriately
reflect the incremental difficulty to achieve the existing MM Penny Add
Tiers. The proposed enhanced rebate amounts also do not represent a
significant departure from the enhanced rebates currently offered under
the Exchange's existing MM Penny Add Tiers. Indeed, the proposed
enhanced rebate amount under proposed MM Penny Add Tier 9 ($0.43) is
incrementally higher than current Tiers 7 and 8 ($0.42), which the
Exchange believes offer slightly less stringent criteria than the
proposed Tier 9, but is incrementally lower than the rebate offered
under existing Tier 9 (i.e., new Tier 11) ($0.44), which the Exchange
believes is more stringent than the proposed criteria under proposed
Tier 9. Similarly, the proposed enhanced rebate amount under proposed
MM Penny Add Tier 10 ($0.44) is the same as current Tier 9 (i.e., new
Tier 11) ($0.44), which the Exchange believes reflects a similar level
of difficulty but using alternative types of criteria. The Exchange
also notes that the proposed rebates remain within the range of the
enhanced rebates offered under the current MM Penny Add Tiers (i.e.,
$0.33-$0.46).
    The Exchange believes that the proposal represents an equitable
allocation of fees and is not unfairly discriminatory because it
applies uniformly to all Market Makers. Additionally, a number of
Market Makers have a reasonable opportunity to satisfy proposed Tier
9's criteria, which the Exchange believes is less stringent than the
existing Market Maker Add Penny Tiers 9 and 10 (new Tiers 11 and 12)
and proposed Tier 10. The Exchange also believes a number of Market-
Makers have a reasonable opportunity to satisfy proposed Tier 10's
criteria, which the Exchange believes has a similar level of difficulty
to current Tier 10 (new Tier 12) but using alternative types of
criteria. While the Exchange has no way of knowing whether this
proposed rule change would definitively result in any particular Market
Maker qualifying for the proposed tiers, the Exchange anticipates that
approximately two Market Makers will be able to compete for and achieve
the proposed criteria in either proposed Tier 9 or Tier 10; however,
the proposed tiers are open to any Market-Maker that satisfies the
applicable tier's criteria. The Exchange believes the proposed tiers
could provide an incentive for other Members to submit additional
liquidity on BZX Options and Equities to qualify for the proposed
enhanced rebates. To the extent a Member participates on the Exchange
but not on BZX Equities, the Exchange does believe that the proposal is
still reasonable, equitably allocated and non-discriminatory with
respect to such Member based on the overall benefit to the Exchange
resulting from the success of BZX Equities. Particularly, the Exchange
believes such success allows the Exchange to continue to provide and
potentially expand its existing incentive programs to the benefit of
all participants on the Exchange, whether they participate on BZX
Equities or not. The proposed pricing program is also fair and
equitable in that membership in BZX Equities is available to all market
participants, which would provide them with access to the benefits on
BZX Equities provided by the proposed change, even where a member of
BZX Equities is not necessarily eligible for the proposed enhanced
rebates on the Exchange.
    The Exchange lastly notes that it does not believe the proposed
tiers will adversely impact any Member's pricing or ability to qualify
for other tiers. Rather, should a Member not meet the proposed
criteria, the Member will merely not receive the proposed enhanced
rebates, and has ten alternative choices (including eight with criteria
the Exchange believes is less stringent) to aim to achieve under the MM
Penny Add Tiers. Furthermore, the proposed enhanced rebates would apply

to all Members that meet the required criteria under proposed tiers.

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

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

    \16\ Securities Exchange Act Release No. 51808, 70 FR 37495,
37498-99 (June 29, 2005) (S7-10-04) (Final Rule).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change does not impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Particularly, the proposed
change applies uniformly to all Market Makers. As discussed above, to
the extent a Member participates on the Exchange but not on BZX
Equities, the Exchange notes that the proposed change can provide an
overall benefit to the Exchange resulting from the success of BZX
Equities. Such success enables the Exchange to continue to provide and
potentially expand its existing incentive programs to the benefit of
all participants on the Exchange, whether they participate on BZX
Equities or not. The proposed pricing program is also fair and
equitable in that membership in BZX Equities is available to all market
participants. Additionally, the proposed change is designed to attract
additional order flow to the Exchange and BZX Equities. Greater
liquidity benefits all market participants on the Exchange by providing
more trading opportunities and encourages Members to send orders,
thereby contributing to robust levels of liquidity, which benefits all
market participant.
    Next, the Exchange believes the proposed rule change does not
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As previously
discussed, the Exchange operates in a highly competitive market.
Members have numerous alternative venues that they may participate on
and director their order flow, including 15 other options exchanges and
off-exchange venues. Additionally, the Exchange represents a small
percentage of the overall market. Based on publicly available
information, no single options exchange has more than 18% of the market
share. Therefore, no exchange possesses significant pricing power in
the execution of option order flow. Indeed, participants can readily
choose to send their orders to other exchange and off-exchange venues
if they deem fee levels at those other venues to be more favorable.
Moreover, the Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. Specifically, in
Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \17\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. Securities and Exchange Commission, the D.C.
Circuit stated as follows: ``[n]o one disputes that competition for
order flow is `fierce.' . . . As the SEC explained, `[i]n the U.S.
national market system, buyers and sellers of securities, and the
broker-dealers that act as their order-routing agents, have a wide
range of choices of where to route orders for execution'; [and] `no
exchange can afford to take its market share percentages for granted'
because `no exchange possesses a monopoly, regulatory or otherwise, in
the execution of order flow from broker dealers' . . . .''.\18\
Accordingly, the Exchange does not believe its proposed fee change
imposes any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \17\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \18\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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) of the Act \19\ and paragraph (f) of Rule 19b-4 \20\
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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-CboeBZX-2020-079 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-CboeBZX-2020-079. 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-
CboeBZX-2020-079 and should be submitted on or before December 7, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-25182 Filed 11-13-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Notices]
[Page 28999]
[FR Doc No: 2011-12351]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1973-DR; Docket ID FEMA-2011-0001]

Georgia; Amendment No. 5 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Georgia (FEMA-1973-DR), dated April 29, 2011, and
related determinations.

DATES: Effective Date: May 6, 2011.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Georgia is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of April 29, 2011.

    Bartow, Catoosa, Dade, Floyd, Greene, Lamar, Meriwether, Monroe,
Morgan, Pickens, Rabun, Spalding, Troup, and Walker Counties for
Public Assistance [Categories C-G], (already designated for debris
removal and emergency protective measures [Categories A and B],
including direct Federal assistance).

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

    May 13, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-12351 Filed 5-18-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: April 7, 2010 (Volume 75, Number 66)]
[Notices]
[Page 17709-17710]
[DOCID:fr07ap10-47]

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

[EPA-R04-OAR-2010-0153-201010-TN; FRL-9133-9]

Adequacy Status of the Knoxville, Tennessee 1997 PM2.5 Attainment
Demonstration Motor Vehicle Emissions Budgets for Transportation
Conformity Purposes

AGENCY: Environmental Protection agency (EPA).

ACTION: Notice of adequacy.

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

SUMMARY: In this notice, EPA is notifying the public that EPA has found
that the direct particulate matter (PM2.5) and Nitrogen
Oxides (NOX) motor vehicle emissions budgets (MVEBs) in the
Knoxville, Tennessee Attainment Demonstration Plan for the 1997
PM2.5 standard, submitted April 4, 2008, by the Tennessee
Department of Environment and Conservation (TDEC), are adequate for
transportation conformity purposes. On March 2, 1999, the United States
Court of Appeals for the District of Columbia Circuit (DC Circuit)
ruled that submitted State Implementation Plans (SIPs) cannot be used
for transportation conformity determinations until EPA has
affirmatively found them adequate. As a result of EPA's finding, the
Knoxville, Tennessee area, including the portion of Roane County, must
use the MVEBs for future conformity determinations for the 1997
PM2.5 standard.

DATES: The adequacy finding for the PM2.5 and NOX
MVEBs are effective April 22, 2010.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Environmental
Scientist, U.S. Environmental Protection Agency, Region 4, Air Planning
Branch, Air Quality Modeling and Transportation Section, 61 Forsyth
Street, SW., Atlanta, Georgia 30303. Ms. Sheckler can also be reached
by telephone at<PHONE_NUMBER>, or via electronic mail at
<EMAIL_ADDRESS>The finding is available at EPA's conformity
Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm

SUPPLEMENTARY INFORMATION: This notice is simply an announcement of
findings that EPA has already made. EPA Region 4 sent a letter to TDEC
on February 11, 2010, stating that the PM2.5 and
NOX MVEBs in the 1997 PM2.5 attainment
demonstration for Knoxville, Tennessee, submitted April 4, 2008, are
adequate and must be used for transportation conformity determinations
in the Knoxville area. EPA posted the availability of the Knoxville
MVEBs on EPA's Web site on April 14, 2008, as part of the adequacy
process, for the purpose of soliciting comments. The comment period ran
from April 14, 2008, through May 14, 2008. During EPA's adequacy
comment period, no comments were received on the MVEBs for the area.
Through this notice, EPA is informing the public that these MVEBs are
adequate for transportation conformity. EPA's findings have also been
announced on EPA's conformity Web site: http://www.epa.gov/otaq/
stateresources/transconf/adequacy.htm. The PM2.5 and
NOx MVEBs are provided in the following table:

                Knoxville Area Direct PM2.5 and NOX MVEBs
                             [Tons per year]
------------------------------------------------------------------------
                Counties                     Pollutant         2009
------------------------------------------------------------------------
Anderson, Blount, Knox, Loudon and a               PM2.5          283.63
 portion of Roane County................
Anderson, Blount, Knox, Loudon and a                 NOX        18,024.9
 portion of Roane County................
------------------------------------------------------------------------

    Transportation conformity is required by section 176(c) of the
Clean Air Act, as amended in 1990. EPA's conformity rule requires that
transportation plans, programs and projects conform to State air
quality implementation plans and establishes the criteria and
procedures for determining whether or not they do. Conformity to a SIP
means that transportation activities will not produce new air quality
violations, worsen existing violations, or delay

timely attainment of the national ambient air quality standards.
    The criteria by which EPA determines whether a SIP's MVEBs are
adequate for transportation conformity purposes are outlined in 40 Code
of Federal Regulations 93.118(e)(4). Please note that an adequacy
review is separate from EPA's completeness review, and it also should
not be used to prejudge EPA's ultimate approval of the attainment
demonstration plan for the Knoxville, Tennessee area. Even if EPA finds
the budget adequate, the attainment demonstration plan could later be
disapproved.
    EPA has described the process for determining the adequacy of
submitted SIP budgets in a May 14, 1999, memorandum entitled
``Conformity Guidance on Implementation of March 2, 1999, Conformity
Court Decision. EPA has followed this guidance in making this adequacy
determination. This guidance is incorporated into EPA's July 1, 2004,
final rulemaking entitled ``Transportation Conformity Rule Amendments
for the New 8-hour Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous Revisions for Existing Areas;
Transportation Conformity Rule Amendments: Response to Court Decision
and Additional Rule Changes'' (69 FR 40004).
    Within 24 months from the effective date of this notice, the
transportation partners will need to demonstrate conformity to the new
MVEBs, if the demonstration has not already been made, pursuant to 40
CFR 93.104(e). See, 73 FR 4419 (January 24, 2008).

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 17, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-7879 Filed 4-6-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Rules and Regulations]
[Pages 23791-23794]
[FR Doc No: 2018-10922]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0238; Product Identifier 2018-SW-018-AD; Amendment
39-19265; AD 2018-06-51]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are publishing a new airworthiness directive (AD) for
Agusta S.p.A. Model A109A, A109A II, A109C, A109E, A109K2, A109S, A119,
AW109SP, and AW119 MKII helicopters. This AD requires removing a
certain swashplate support (support) from service. This AD is prompted
by an error in a parts catalog incorrectly identifying the support as
approved for installation on Model AW109SP helicopters. We are issuing
this AD to address the unsafe condition on these products.

DATES: This AD becomes effective June 7, 2018 to all persons except
those persons to whom it was made immediately effective by Emergency AD
2018-06-51, issued on March 19, 2018, which contains the requirements
of this AD.
    We must receive comments on this AD by July 23, 2018.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0238; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the

European Aviation Safety Agency (EASA) AD, the economic evaluation, any
comments received, and other information. The street address for Docket
Operations (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
    For service information identified in this final rule, contact
Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone
+39-0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective. However, we
invite you to participate in this rulemaking by submitting written
comments, data, or views. We also invite comments relating to the
economic, environmental, energy, or federalism impacts that resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit them only one time. We will file in the docket all comments that
we receive, as well as a report summarizing each substantive public
contact with FAA personnel concerning this rulemaking during the
comment period. We will consider all the comments we receive and may
conduct additional rulemaking based on those comments.

Discussion

    On March 19, 2018, we issued Emergency AD 2018-06-51 to address an
unsafe condition on Agusta S.p.A. Model A109A, A109A II, A109C, A109E,
A109K2, A109S, A119, AW109SP, and AW119 MKII helicopters with a support
part number (P/N) 109-0110-05-101 installed. Emergency AD 2018-06-51
was sent previously to all known U.S. owners and operators of these
helicopters. Emergency AD 2018-06-51 requires removing the supports
from service and re-identifying spherical sleeve assembly (sleeve) P/N
109-0134-02-103.
    Emergency AD 2018-06-51 was prompted by an error in a parts catalog
that incorrectly identifies support P/N 109-0110-05-101 as approved for
installation on Model AW109SP helicopters. Support P/N 109-0110-05-101
is made of aluminum alloy and is approved for installation on Model
A109A, A109A II, A109C, A109E, A109K2, A109S, A119, and AW119 MKII
helicopters, but is not approved for installation on Model AW109SP
helicopters. The approved support for Model AW109SP helicopters is made
of steel. This condition, if not corrected, could result in failure of
the support and subsequent loss of control of the helicopter.
    EASA, which is the Technical Agent for the Member States of the
European Union, issued AD No. No. 2018-0053-E, dated March 8, 2018, to
correct an unsafe condition for Leonardo S.p.A. Helicopters (previously
Agusta S.p.A.) Model AW109SP helicopters. The EASA AD advises that
support P/N 109-0110-05-101, which is not eligible for installation on
Model AW109SP helicopters, was erroneously listed in the Model AW109SP
parts catalog. EASA states that this may have led to inadvertent
installations of the support in service on a Model AW109SP helicopter.
The EASA AD requires replacing the support and re-identifying the P/N
on the identification plate of the sleeve if the P/N is not P/N 109-
0134-02-105. Sleeve P/N 109-0134-02-105 is composed of the steel
support. The EASA AD also prohibits installing the support on any Model
AW109SP helicopter. EASA states that its AD actions are intended to
prevent failure of the support, which could result in loss of control
of the helicopter.
    The FAA is in the process of updating Agusta S.p.A.'s name change
to Leonardo S.p.A. on its FAA type certificate. Because this name
change is not yet effective, this AD specifies Agusta S.p.A. as the
type certificate holder.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
our bilateral agreement with Italy, EASA, its technical representative,
has notified us of the unsafe condition described in the EASA AD. We
are issuing this AD because we evaluated all the information provided
by EASA and determined the unsafe condition exists and is likely to
exist or develop on other helicopters of these same type designs.

Related Service Information

    We reviewed Leonardo Helicopters Emergency Alert Service Bulletin
No. 109SP-119, dated March 7, 2018. This service information specifies
replacing support P/N 109-0110-05-101 with support P/N 109-0134-29-101.
This service information also specifies inspecting the sleeve
identification plate and depending on the findings, replacing and re-
identifying the identification plate.

AD Requirements

    This AD requires removing support P/N 109-0110-05-101 from service
that is or has been installed on a Model AW109SP helicopter. If sleeve
P/N 109-0134-02-103 is installed, this AD requires re-identifying the
P/N of the sleeve on Model AW109SP helicopters. This AD also prohibits
installing support P/N 109-0110-05-101 on any Model AW109SP helicopter.

Differences Between This AD and the EASA AD

    This AD requires removing a support installed on a Model AW109SP
helicopter from service before further flight, while the compliance
time in the EASA AD depends on the flight hours of the support. This AD
applies to Model A109A, A109A II, A109C, A109E, A109K2, A109S, A119,
and AW119 MKII helicopters and requires removing the support installed
on these models from service if previously installed on a Model AW109SP
helicopter. The EASA AD does not apply to these models or contain this
requirement for supports previously installed on a Model AW109SP
helicopter.

Costs of Compliance

    We estimate that this AD affects 266 helicopters of U.S. Registry.
We estimate that operators may incur the following costs in order to
comply with this AD. Labor costs are estimated at $85 per work-hour.
    Replacing a support takes about 10 work-hours and parts cost about
$6,288 for an estimated cost of $7,138 per helicopter. Re-identifying a
sleeve identification plate takes about 0.5 work-hour and the parts
cost is minimal for an estimated cost of $43 per helicopter.

    According to Leonardo Helicopter's service information, some of the
costs of this AD may be covered under warranty, thereby reducing the
cost impact on affected individuals. We do not control warranty
coverage by Leonardo Helicopters. Accordingly, we have included all
costs in our cost estimate.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that required the immediate adoption of
Emergency AD 2018-06-51, issued on March 19, 2018, to all known U.S.
owners and operators of these helicopters. The FAA found that the risk
to the flying public justified waiving notice and comment prior to
adoption of this rule because the required corrective actions must be
accomplished before further flight or within 5 hours time-in-service,
depending on the model helicopter. These conditions still exist and the
AD is hereby published in the Federal Register as an amendment to
section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to
make it effective to all persons. Therefore, we find good cause that
notice and opportunity for prior public comment are impracticable. In
addition, for the reason stated above, we find that good cause exists
for making this amendment effective in less than 30 days.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed, I certify that this AD:
    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);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2018-06-51 Agusta S.p.A.: Amendment 39-19265; Docket No. FAA-2018-
0238; Product Identifier 2018-SW-018-AD.

(a) Applicability

    This AD applies to Model A109A, A109A II, A109C, A109E, A109K2,
A109S, A119, AW109SP, and AW119 MKII helicopters, certificated in
any category, with a swashplate support (support) part number (P/N)
109-0110-05-101 installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as installation of a
support that does not meet type design. This condition could result
in failure of a support and subsequent loss of control of the
helicopter.

(c) Effective Date

    This AD becomes effective June 7, 2018 to all persons except
those persons to whom it was made immediately effective by Emergency
AD 2018-06-51, issued on March 19, 2018, which contains the
requirements of this AD.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) For Model AW109SP helicopters, before further flight:
    (i) Remove the support from service.
    (ii) If spherical sleeve assembly (sleeve) P/N 109-0134-02-103
is installed, re-identify the sleeve by permanently changing the P/N
on the identification plate to P/N 109-0134-02-105.
    (2) For Model A109A, A109A II, A109C, A109E, A109K2, A109S,
A119, and AW119 MKII helicopters, within 5 hours time-in-service,
remove support P/N 109-0110-05-101 from service if it has ever been
installed on a Model AW109SP helicopter.
    (3) After the effective date of this AD, do not install support
P/N 109-0110-05-101 on any Model AW109SP helicopter.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
Matt Fuller, Senior Aviation Safety Engineer, Safety Management
Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    (1) Leonardo Helicopters Emergency Alert Service Bulletin No.
109SP-119, dated March 7, 2018, which is not incorporated by
reference, contains additional information about the subject of this
AD. For service information identified in this AD, contact Leonardo
S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, Viale
G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-
0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins. You may review a copy of the
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2018-0053-E, dated March 8, 2018. You
may view the EASA AD on the internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2018-0238.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6230, Main Rotor
Mast/Swashplate.

    Issued in Fort Worth, Texas, on May 11, 2018.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2018-10922 Filed 5-22-18; 8:45 am]
 BILLING CODE 4910-13-P