[Federal Register: May 20, 2009 (Volume 74, Number 96)]
[Notices]
[Page 23686-23687]
[DOCID:fr20my09-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

May 13, 2009.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC09-79-000.
    Applicants: Capital Power Corporation, EPCOR Utilities Inc.
    Description: Capital Power Corporation et al. submits application
for authorization for Order under Section 203, request for confidential
treatment, and request for blanket authorization, waivers.
    Filed Date: 05/12/2009.
    Accession Number: 20090513-0281.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 2, 2009.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER94-1188-045; ER98-1279-016; ER98-4540-014; ER99-
1623-014.
    Applicants: LG&E Energy Marketing Inc., Louisville Gas & Electric
Company, Kentucky Utilities Company, Western Kentucky Energy
Corporation.

    Description: Supplemental Information of LG&E Energy Marketing
Inc., et al.
    Filed Date: 05/08/2009.
    Accession Number: 20090508-5132.
    Comment Date: 5 p.m. Eastern Time on Friday, May 29, 2009.

    Docket Numbers: ER08-1113-005.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits proposed tariff language to comply with the FERC Order on
Compliance issued on 3/6/09.
    Filed Date: 05/12/2009.
    Accession Number: 20090513-0194.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 2, 2009.

    Docket Numbers: ER09-637-001.
    Applicants: Carolina Power & Light Company.
    Description: Progress Energy Carolinas, Inc. submits Third Revised
Sheet 36 et al. to its FERC Electric Tariff, Fourth Revised Volume 3.
    Filed Date: 04/29/2009.
    Accession Number: 20090430-0321.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 20, 2009.

    Docket Numbers: ER09-1117-000.
    Applicants: NGP Blue Mountain I LLC.
    Description: NGP Blue Mountain I LLC submits an application
requesting that the FERC accept for filing Applicant's FERC Electric
Tariff, Original Volume 1; to become effective 7/13/09 etc.
    Filed Date: 05/12/2009.
    Accession Number: 20090513-0193.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 2, 2009.

    Docket Numbers: ER09-1121-000.
    Applicants: PJM Interconnection LLC.
    Description: PJM Interconnection, LLC submits amendments to
Schedule 12 of the Amended and Restated Operating Agreement of PJM
Interconnection, LLC to update the PJM member list.
    Filed Date: 05/12/2009.
    Accession Number: 20090513-0160.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 2, 2009.

    Docket Numbers: ER09-1122-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits Small
Generator Interconnection Agreement and a Service Agreement for
Wholesale Distribution Service.
    Filed Date: 05/12/2009.
    Accession Number: 20090513-0159.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 2, 2009.

    Docket Numbers: ER09-1126-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits proposed revisions to provisions of their Energy and Operating
Reserve Markets Tariff regarding Stored Energy Resources etc.,
effective 1/1/10.
    Filed Date: 05/12/2009.
    Accession Number: 20090513-0245.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 2, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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 proceedings 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-11667 Filed 5-19-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 81002-81003]
[FR Doc No: 2011-33053]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66008; File No. SR-C2-2011-40]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Penny Pilot Program

December 20, 2011.
    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 December 15, 2011, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (``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 amend its rules relating to the Penny
Pilot Program. The text of the proposed rule change is available on the
Exchange's Web site (http://www.c2exchange.com/Legal/), at the
Exchange's Office of the Secretary, and at the Commission.

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 parts of such
statements.

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

1. Purpose
    The Penny Pilot Program is scheduled to expire on December 31,
2011. C2 proposes to extend the Pilot Program until June 30, 2012. C2
believes that extending the Pilot Program will allow for further
analysis of the Pilot Program and a determination of how the Pilot
Program should be structured in the future.
    During this extension of the Penny Pilot Program, C2 proposes that
it may replace any option class that is currently included in the Pilot
Program and that has been delisted with the next most actively-traded,
multiple-listed option class that is not yet participating in the Pilot
Program (``replacement class''). Any replacement class would be
determined based on national average daily volume in the preceding six
months\3\, and would be added on the second trading day following
January 1, 2012. C2 will announce to its Permit Holders by circular any
replacement classes in the Pilot Program.
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    \3\ The month immediately preceding a replacement class's
addition to the Pilot Program (i.e. December) would not be used for
purposes of the six-month analysis. Thus, a replacement class to be
added on the second trading following January 1, 2012 would be
identified based on The Option Clearing Corporation's trading volume
data from June 1, 2011 through November 30, 2011.
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    C2 is specifically authorized to act jointly with the other options
exchanges participating in the Penny Pilot Program in identifying any
replacement class. C2 will submit to the Securities and Exchange
Commission (the ``Commission'') reports that will analyze the impact of
the Pilot Program on market quality and systems capacity for the
periods October 1, 2011 through March 31, 2012 and April 1 through June
30, 2012. Each report will include, but not be limited to, the
following: (1) Data and analysis of the number of quotations generated
for options included in the report; (2) an assessment of the quotation
spreads for the options included in the report; (3) an assessment of
the impact of the Pilot Program on C2's automated systems; (4) data
reflecting the size and depth of markets; and (5) any capacity problems
or other problems that arose related to the operation of the Pilot
Program and how the Exchange addressed them.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6 of the Act\4\ and the rules and regulations thereunder
applicable to a national securities exchange and, in particular, the
requirements of Section 6(b) of the Act\5\. Specifically, the Exchange
believes that the proposed rule change is consistent with the Section
6(b)(5) of the Act\6\ requirements that the rules of an exchange be
designed to promote just and equitable principles of trade, to prevent
fraudulent and manipulative acts, to remove impediments to and to
perfect the mechanism for a free and open market and a national market
system, and, in general, to protect investors and the public interest.
In particular, the proposed rule change allows for an extension of the
Penny Pilot Program for the benefit of market participants.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    C2 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.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act\7\ and Rule 19b-
4(f)(6)(iii) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent 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 Commission notes that the Exchange has satisfied this
requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally
does not become operative for 30 days after the

date of filing. However, pursuant to Rule 19b-4(f)(6)(iii) \10\ the
Commission may 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.
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    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Waiving the operative delay will allow the pilot program to continue on
C2 uninterrupted, which will avoid the investor confusion that could
result from an interruption in the pilot. For this reason, the
Commission designates the proposed rule change as operative upon the
date of this notice.\11\
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    \11\ 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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    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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-C2-2011-40 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-C2-2011-40. 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
a.m. and 3 p.m. Copies of such 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 No. SR-C2-2011-40 and should be
submitted on or before January 17, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Kevin M. O'Neill,
Deputy Secretary.
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    \12\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2011-33053 Filed 12-23-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58856-58859]
[FR Doc No: 2022-20948]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95885; File No. SR-EMERALD-2022-29]

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

September 22, 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 September 13, 2022, MIAX Emerald, LLC (``MIAX
Emerald'' or ``Exchange''), filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

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

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

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

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

1. Purpose
    The Exchange proposes to amend Section 1)a)i) of the Fee Schedule
to amend the rebates provided for Market Maker Origins for Simple \3\
Maker (defined below) volume in Penny Classes (defined below) that
trade contra to Priority Customers \4\ Origins by $0.02 in each Tier
(defined below). The Exchange initially filed this proposal on
September 1, 2022 (SR-EMERALD-2022-26). On September 13, 2022, the
Exchange withdrew SR-EMERALD-2022-26 and resubmitted this proposal (SR-
EMERALD-2022-29).
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    \3\ The Simple Order Book is the Exchange's regular electronic
book of orders and quotes. See Exchange Rule 518(a)(15).
    \4\ ``Priority Customer'' means a person or entity that (i) is
not a broker or dealer in securities, and (ii) does not place more
than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s). See Exchange Rule
100, including Interpretation and Policy .01.
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Background
    The Exchange currently assesses transaction rebates and fees to all
market participants, which are based upon a threshold tier structure
(``Tier''). Tiers are determined on a monthly basis and are based on
three alternative calculation methods, as defined in Section 1)a)ii) of
the Fee Schedule. The calculation method that results in the highest
Tier achieved by the Member \5\ shall apply to all Origin types by the
Member, except the Priority Customer Origin type. For the Priority
Customer Origin calculation, the Tier applied for a Member and its
Affiliates' \6\ is solely determined by calculation Method 3, as
defined in Section 1)a)ii) of the Fee Schedule, titled ``Total Priority
Customer, Maker sides volume, based on % of CTCV (`Method 3').'' The
monthly volume thresholds for each of the methods, associated with each
Tier, are calculated as the total monthly volume executed by the Member
in all options classes on MIAX Emerald in the relevant Origins and/or
applicable liquidity, not including Excluded Contracts,\7\ (as the
numerator) expressed as a percentage of (divided by) Customer

Total Consolidated Volume (``CTCV'') (as the denominator). CTCV is
calculated as the total national volume cleared at The Options Clearing
Corporation (``OCC'') in the Customer range in those classes listed on
MIAX Emerald for the month for which fees apply, excluding volume
cleared at the OCC in the Customer range executed during the period of
time in which the Exchange experiences an ``Exchange System
Disruption'' \8\ (solely in the option classes of the affected Matching
Engine).\9\ In addition, the per contract transaction rebates and fees
shall be applied retroactively to all eligible volume once the Tier has
been reached by the Member. Members that place resting liquidity, i.e.,
orders on the MIAX Emerald System, will be assessed the specified
``maker'' rebate or fee (each a ``Maker'') and Members that execute
against resting liquidity will be assessed the specified ``taker'' fee
or rebate (each a ``Taker'').\10\ Members are also assessed lower
transaction fees and smaller rebates for order executions in standard
option classes in the Penny Interval Program \11\ (``Penny Classes'')
than for order executions in standard option classes which are not in
the Penny Program (``non-Penny Classes''), for which Members will be
assessed a higher transaction fees and larger rebates.
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    \5\ ``Member'' means an individual or organization approved to
exercise the trading rights associated with a Trading Permit.
Members are deemed ``members'' under the Exchange Act. See the
Definitions Section of the Fee Schedule and Exchange Rule 100.
    \6\ ``Affiliate'' means (i) an affiliate of a Member of at least
75% common ownership between the firms as reflected on each firm's
Form BD, Schedule A, or (ii) the Appointed Market Maker of an
Appointed EEM (or, conversely, the Appointed EEM of an Appointed
Market Maker). An ``Appointed Market Maker'' is a MIAX Emerald
Market Maker (who does not otherwise have a corporate affiliation
based upon common ownership with an EEM) that has been appointed by
an EEM and an ``Appointed EEM'' is an EEM (who does not otherwise
have a corporate affiliation based upon common ownership with a MIAX
Emerald Market Maker) that has been appointed by a MIAX Emerald
Market Maker, pursuant to the following process. A MIAX Emerald
Market Maker appoints an EEM and an EEM appoints a MIAX Emerald
Market Maker, for the purposes of the Fee Schedule, by each
completing and sending an executed Volume Aggregation Request Form
by email to [email protected] no later than 2 business days
prior to the first business day of the month in which the
designation is to become effective. Transmittal of a validly
completed and executed form to the Exchange along with the
Exchange's acknowledgement of the effective designation to each of
the Market Maker and EEM will be viewed as acceptance of the
appointment. The Exchange will only recognize one designation per
Member. A Member may make a designation not more than once every 12
months (from the date of its most recent designation), which
designation shall remain in effect unless or until the Exchange
receives written notice submitted 2 business days prior to the first
business day of the month from either Member indicating that the
appointment has been terminated. Designations will become operative
on the first business day of the effective month and may not be
terminated prior to the end of the month. Execution data and reports
will be provided to both parties. See the Definitions Section of the
Fee Schedule.
    \7\ The term ``Excluded Contracts'' means any contracts routed
to an away market for execution. See the Definitions Section of the
Fee Schedule.
    \8\ The term ``Exchange System Disruption'' means an outage of a
Matching Engine or collective Matching Engines for a period of two
consecutive hour or more, during trading hours. See the Definitions
Section of the Fee Schedule.
    \9\ A ``Matching Engine'' is a part of the MIAX Emerald
electronic system that processes options orders and trades on a
symbol-by-symbol basis. See the Definitions Section of the Fee
Schedule.
    \10\ For a Priority Customer complex order taking liquidity in
both a Penny Class and non-Penny Class against Origins other than
Priority Customer, the Priority Customer order will receive a rebate
based on the Tier achieved.
    \11\ See Securities Exchange Act Release No. 88993 (June 2,
2020), 85 FR 35145 (June 8, 2020) (SR-EMERALD-2020-05) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Exchange Rule 510, Minimum Price Variations and Minimum
Trading Increments, To Conform the Rule to Section 3.1 of the Plan
for the Purpose of Developing and Implementing Procedures Designed
To Facilitate the Listing and Trading of Standardized Options) (the
``Penny Program'').
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Proposal
    The Exchange proposes to adopt note ``!'' to Market Maker in the
Origin column to provide that, the rebate for Market Maker Origins for
Simple Maker volume in Penny Classes will be reduced by $0.02 for each
Tier when trading contra to a Priority Customer Origins. Currently, the
Exchange provides a Simple Maker rebate for Market Maker Origins, for
any contra Origin, in Tier 1 of $0.30; Tier 2 of $0.33; Tier 3 of
$0.35; and Tier 4 of $0.45. Under the Exchange's proposal when a Market
Maker Origin is contra to a Priority Customer in a Penny Class the
Exchange will reduce the rebate for each Tier by $0.02. Therefore, the
effective rebate for Market Maker Origins in Simple Maker volume when
trading contra to a Priority Customer Origin in Tier 1 would be $0.28;
Tier 2 would be $0.31; Tier 3 would be $0.33; and Tier 4 would be
$0.43.
    The purpose of adjusting the specified Simple Maker rebate is for
business and competitive reasons. In order to attract order flow, the
Exchange initially set its Maker rebates and Taker fees so that they
were meaningfully higher/lower than other options exchanges that
operate comparable maker/taker pricing models.\12\ The Exchange now
believes that it is appropriate to further adjust the specified Maker
rebates based upon contra party Origin. The Exchange notes that at
least one other options exchange offers a similar pricing structure for
rebates/fees that is dependent upon the contra party Origin type.\13\
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    \12\ See Securities Exchange Act Release No. 85393 (March 21,
2019), 84 FR 11599 (March 27, 2019) (SR-EMERALD-2019-15).
    \13\ See BOX Options Exchange Fee Schedule, Section IV, A, Non-
Auction Transactions, which provides a table where the exchange
assesses a per contract fee (or credit) based upon three factors:
(i) the account type of the Participant submitting the order; (ii)
whether the Participant is a liquidity provider or liquidity taker;
and (iii) the account type of the contra party, on its public
website (available at https://boxoptions.com/fee-schedule/).
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Implementation
    The proposed changes are immediately effective.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \14\ in general, and
furthers the objectives of Section 6(b)(4) of the Act,\15\ in
particular, in that it is an equitable allocation of reasonable dues,
fees and other charges among its Members and issuers and other persons
using its facilities. The Exchange also believes that the proposed rule
change is consistent with the objectives of Section 6(b)(5) of the Act
\16\ that the rules of an exchange be designed to prevent fraudulent
and manipulative acts and practices, and to promote just and equitable
principles of trade, foster cooperation and coordination with persons
engaged in facilitating transactions in securities, remove impediments
to and perfect the mechanisms of a free and open market and a national
market system and, in general, protect investors and the public
interest, and, particularly, is not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4).
    \16\ 15 U.S.C. 78f(b)(1) and (b)(5).
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    The Exchange operates in a competitive marketplace in which market
participants can readily direct their order flow to competing venues if
they deem fee levels at a particular venue to be excessive or
incentives to be insufficient. There are currently 16 registered
options exchanges competing for order flow. Based on publicly-available
information, and excluding index-based options, no single exchange has
a market share of more than approximately 11-12% of the equity options
market.\17\ Therefore, no exchange possesses significant pricing power.
More specifically, as of August 29, 2022, the Exchange had a market
share of approximately 3.06% of executed volume of multiply-listed
equity options for the month of August 2022.\18\
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    \17\ See ``The market at a glance, MTD AVERAGE'' (last visited
August 29, 2022), available at https://www.miaxoptions.com/ (Data as
of August 1, 2022 to August 26, 2022).
    \18\ See id.
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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and also recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \19\
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    \19\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37499 (June 29, 2005).
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    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
discontinue or reduce use of certain categories of products and
services, terminate an existing membership or determine to not become a
new member, and/or shift order flow, in response to transaction fee
changes. For example, on February 28, 2019, the Exchange's affiliate,
MIAX PEARL, LLC (``MIAX Pearl''), filed with the Commission a proposal
to increase Taker fees in certain Tiers for options transactions in
certain Penny classes for Priority Customers and decrease Maker rebates
in certain Tiers for options transactions in Penny classes for Priority
Customers

(which fee was to be effective March 1, 2019).\20\ MIAX Pearl
experienced a decrease in total market share for the month of March
2019, after the proposal went into effect. Accordingly, the Exchange
believes that the MIAX Pearl March 1, 2019 fee change, to increase
certain transaction fees and decrease certain transaction rebates, may
have contributed to the decrease in MIAX Pearl's market share and, as
such, the Exchange believes competitive forces constrain the
Exchange's, and other options exchanges, ability to set transaction
fees and market participants can shift order flow based on fee changes
instituted by the exchanges.
---------------------------------------------------------------------------

    \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 amend the rebate provided to
Market Maker Origins for Simple Maker volume in Penny Classes when
contra to Priority Customer Origins is reasonable, equitable and not
unfairly discriminatory because all similarly situated participants in
the same Origin type and Tier are subject to the same tiered Maker
rebates and Taker fees. The Exchange believes it is equitable and not
unfairly discriminatory to reduce the rebates provided for executions
of Simple Maker volume where the contra party is a Priority Customer
Origin in Penny Classes.
    The Exchange is making this change for business and competitive
reasons as the Exchange initially set its Simple Maker rebates for such
orders higher than certain other options exchanges that operate
comparable pricing models.\21\ The Exchange also believes it is
equitable and not unfairly discriminatory to provide a different rebate
to Market Makers Origins for Simple Maker volume in Penny Classes when
contra to Priority Customer Origins, as at least one other competing
exchange also provides differing rebates and fees dependent upon the
origin and contra origin type.\22\ Additionally, the Exchange believes
that the proposed change (a $0.02 decrease from the current rebate
provided in each Tier) is reasonable in that it represents a modest
decrease from the current rebate in each Tier. The Exchange believes
that the proposed rebates will continue to provide an incentive for
Market Makers to continue to trade with Priority Customer Origins on
the Exchange.
---------------------------------------------------------------------------

    \21\ See supra note 13.
    \22\ See id.
---------------------------------------------------------------------------

    The Exchange believes that it is equitable and not unfairly
discriminatory that Priority Customer Origins be treated differently
than other Origin types. The exchanges, in general, have historically
aimed to improve markets for investors and develop various features
within their market structure for customer benefit. Priority Customer
liquidity benefits all market participants by providing more trading
opportunities. An increase in the activity of these market participants
in turn facilitates tighter spreads, which may cause an additional
corresponding increase in order flow from other market participants.
    Furthermore, the proposed amendment of Simple Maker rebates when
the contra is a Priority Customer promotes just and equitable
principles of trade, fosters cooperation and coordination with persons
engaged in facilitating transactions in securities, and protects
investors and the public interest, because even with the decrease, the
Exchange's proposed rebates should enable the Exchange to continue to
attract order flow and maintain market share.\23\
---------------------------------------------------------------------------

    \23\ See supra note 17.
---------------------------------------------------------------------------

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.
Intra-Market Competition
    The Exchange believes that the proposed changes to the specified
Simple Maker rebates 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 change should enable
the Exchange to continue to attract and compete for Priority Customer
order flow with other exchanges. The Exchange believes that even with
the proposed changes, the rebates provided will continue to encourage
Members to transact on the Exchange, which benefits all Exchange
participants by providing more trading opportunities and tighter
spreads. 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 Exchange believes that the pricing structure to provide
different rebates to Market Maker Origins for Simple volume dependent
upon whether the contra is a Priority Customer Origin will not impose
any undue burden on intra-market competition because the applicable
rebate applies equally to all similarly situated Market Makers on the
Exchange.
    The Exchange believes that it is equitable and not unfairly
discriminatory that Priority Customer Origins be treated differently
than other Origin types. The exchanges, in general, have historically
aimed to improve markets for investors and develop various features
within their market structure for customer benefit. Priority Customer
liquidity benefits all market participants by providing more trading
opportunities. An increase in the activity of these market participants
in turn facilitates tighter spreads, which may cause an additional
corresponding increase in order flow from other market participants.
    The Exchange believes that it is equitable and not unfairly
discriminatory to reduce the rebate provided to Market Maker Origins
for Simple volume when the contra Origin is Priority Customer. A
Priority Customer by definition is 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).\24\ This change does not apply to Market Makers that trade
contra to other Origin types on the Exchange, such as non-MIAX Emerald
Market Maker, Firm Proprietary/Broker Dealer, or Non-Priority
Customers, who will generally submit a higher number of orders than
Priority Customers. The Exchange believes that even with the proposed
changes, the rebates provided to Market Maker Origins for Simple volume
when the contra Origin is Priority Customer will continue to provide an
incentive for Market Makers to participate on the Exchange, which
benefits all Exchange participants by providing more trading
opportunities.
---------------------------------------------------------------------------

    \24\ See supra note 4.
---------------------------------------------------------------------------

    The Exchange does not believe its proposal will have any effect on
Priority Customer order flow to the Exchange as the proposal affects
only Simple Maker volume in Penny Classes when contra to Priority
Customer Origins.
Inter-Market Competition
    The Exchange operates in a highly competitive market in which
market participants can readily favor competing venues if they deem fee
levels at a particular venue to be excessive. There are currently 16
registered options exchanges competing for order flow. Based on
publicly-available

information, and excluding index-based options, no single exchange has
a market share of more than approximately 11-12% of the equity options
market.\25\ Therefore, no exchange possesses significant pricing power.
More specifically, as of August 29, 2022, the Exchange had a market
share of approximately 3.06% of executed volume of multiply-listed
equity options for the month of August 2022.\26\ Therefore, no exchange
possesses significant pricing power in the execution of multiply-listed
equity options order flow. In such an environment, the Exchange must
continually adjust its transaction and non-transaction fees to remain
competitive with other exchanges and to attract order flow. The
Exchange believes that the proposed rule change reflects this
competitive environment because it modifies the Exchange's rebates in a
manner that will allow the Exchange to remain competitive.
---------------------------------------------------------------------------

    \25\ See supra note 17.
    \26\ See id.
---------------------------------------------------------------------------

    Additionally, the Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. Specifically,
in Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \27\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. Securities and Exchange Commission, the DC
circuit stated: ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their routing agents, have a wide range of choices of where to
route orders for execution'; [and] `no exchange can afford to take its
market share percentages for granted' because `no exchange possess a
monopoly, regulatory or otherwise, in the execution of order flow from
broker dealers' . . .''.\28\ Accordingly, the Exchange does not believe
its proposed pricing changes impose any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \27\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \28\ NetCoalition v. SEC, 615 F.3d 525, 539 (DC Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSE-2006-21)).
---------------------------------------------------------------------------

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,\29\ and Rule 19b-4(f)(2) \30\ 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.
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \30\ 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 SR-EMERALD-2022-29 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EMERALD-2022-29. 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 such 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-EMERALD-2022-29 and should be submitted
on or before October 19, 2022.
---------------------------------------------------------------------------

    \31\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-20948 Filed 9-27-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Rules and Regulations]
[Pages 7857-7860]
[FR Doc No: 2020-02718]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0720; Product Identifier 2019-NM-117-AD; Amendment
39-19831; AD 2020-02-19]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2003-09-04
R1, which applied to certain Bombardier, Inc., Model CL-600-2B19
(Regional Jet series 100 & 440) airplanes. AD 2003-09-04 R1 required
revising the airworthiness limitations for certain structural
inspections; repair if necessary; and submission of inspection findings
to the airplane manufacturer. This AD revises the applicability to
include additional airplanes; revises certain compliance times; and
requires revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. This AD was prompted by a report of fatigue cracks
occurring on the pressure floor skin at fuselage stations (FS) 460 and
513. The FAA is issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective March 18, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 18,
2020.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
internet https://www.bombardier.com. You may view this referenced
service information at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0720.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0720; 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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2002-39R2, dated August
15, 2019 (also referred to as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet series 100 &
440) airplanes. You may examine the MCAI in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0720.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2003-09-04 R1, Amendment 39-13305 (68 FR
54985, September 22, 2003) (``AD 2003-09-04 R1''). AD 2003-09-04 R1
applied to certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet
series 100 & 440) airplanes. The NPRM published in the Federal Register
on October 30, 2019 (84 FR 58062). The NPRM was prompted by a report of
fatigue cracks occurring on the pressure floor skin at FS 460 and 513.
The NPRM proposed to revise the applicability to include additional
airplanes; revise certain compliance times; and require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. The FAA
is issuing this AD to address fatigue cracks, which could result in
failure of the pressure floor skin and consequent rapid decompression
of the airplane during flight. See the MCAI for additional background
information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to each comment.

Request To Revise Certain Language

    SkyWest Airlines requested that the FAA revise certain language in
the proposed AD. SkyWest Airlines suggested that the wording in
paragraph (i)(2) of the proposed AD be revised to more closely match
the wording in paragraph (c)(2) of AD 2003-09-04 R1. SkyWest Airlines
noted that paragraph (i)(2) of the proposed AD states that new
airworthiness limitations and inspection requirements are to be
inserted into a Bombardier Temporary Revision, but Temporary Revisions
are issued and controlled by Bombardier. SkyWest Airlines stated that
it appears that the intent of paragraph (i)(2) of the proposed AD is to
track the additional airworthiness limitations and inspection
requirements introduced by the repair described in paragraph (i)(1) of
the proposed AD.
    The FAA agrees to clarify. The FAA has revised paragraph (i) of
this AD to clarify that operators must comply with any repair
instructions, including any new airworthiness limitations and
inspection requirements, approved by the FAA, TCCA, or Bombardier,
Inc.'s TCCA Design Approval Organization (DAO). As part of this
clarification, the FAA revised the content that was in paragraph (i)(2)
of the proposed AD, combined the content of paragraph (i)(1) with the
revised content of paragraph (i)(2), and moved that combined content
into paragraph (i) of this AD (eliminating paragraphs (i)(1) and (2) of
the proposed AD).

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Bombardier CL-600-2B19 Temporary Revision 2B-
2265, dated July 19, 2018, to Appendix B--Airworthiness Limitations, of
Part 2 of the Bombardier Maintenance Requirements Manual; and
Bombardier CL-600-2B19 Temporary Revision 2B-2266, dated July 19, 2018,
to Appendix B--Airworthiness Limitations, of Part 2 of the Bombardier
Maintenance Requirements Manual. These temporary revisions describe
airworthiness limitations for inspections of the pressure floor skin.
These documents are distinct since they describe different
airworthiness limitations.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD would affect 37 airplanes of U.S.
registry.
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
In the past, the agency has estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the agency estimates the average total
cost per operator to be $7,650 (90 work-hours x $85 per work-hour).

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.
    The FAA is 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

    The FAA 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 above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

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 removing Airworthiness Directive (AD)
2003-09-04 R1, Amendment 39-13305 (68 FR 54985, September 22, 2003),
and adding the following new AD:

2020-02-19 Bombardier, Inc.: Amendment 39-19831; Docket No. FAA-
2019-0720; Product Identifier 2019-NM-117-AD.

(a) Effective Date

    This AD is effective March 18, 2020.

(b) Affected ADs

    This AD replaces AD 2003-09-04 R1, Amendment 39-13305 (68 FR
54985, September 22, 2003) (``AD 2003-09-04 R1'').

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B19 (Regional
Jet series 100 & 440) airplanes, certificated in any category,
serial numbers 7003 through 8999 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report of fatigue cracks occurring on
the pressure floor skin at fuselage stations (FS) 460 and 513. The
FAA is issuing this AD to address such fatigue cracks, which could
result in failure of the pressure floor skin and consequent rapid
decompression of the airplane during flight.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Maintenance Program Revision for Serial Numbers 7003 through 8079

    For airplane serial numbers 7003 through 8079 inclusive: Within
30 days from the effective date this AD, revise the existing
maintenance or inspection program, as applicable, by incorporating
the information specified in Airworthiness Limitations (AWL) task
number 53-41-149 specified in Bombardier CL-600-2B19 Airworthiness
Requirements Temporary Revision 2B-2265, dated July 19, 2018, to
Appendix B--Airworthiness Limitations, of Part 2 of the Bombardier
Maintenance Requirements Manual.
    (1) The initial compliance time for doing the task is at the
time specified in figure 1 to paragraph (g)(1) of this AD, or within
90 days after the effective date of this AD, whichever occurs later.

[GRAPHIC] [TIFF OMITTED] TR12FE20.000

    (2) For airplanes on which Bombardier Service Bulletin 601R-53-
067, Bombardier Service Bulletin 601R-53-077, and AWL task number
53-41-194 have been done, the inspections in AWL task number 53-41-
149 are not required in the areas covered by doublers at FS460 and
FS513.
    (3) For airplanes on which the initial inspection has been
accomplished at 18,325 or more total flight cycles, and no cracks
were found, as of October 7, 2003 (the effective date of AD 2003-09-
04), the repetitive interval of 10,000 flight cycles starts from the
completion date of the initial inspection.
    (4) For airplanes that were previously inspected using AWL task
number 53-41-193, perform an inspection using the information
specified in AWL task number 53-41-149, provided in Bombardier CL-
600-2B19 Airworthiness Requirements Temporary Revision 2B-2265,
dated July 19, 2018, to Appendix B--Airworthiness Limitations, of
Part 2 of the Bombardier Maintenance Requirements Manual, within
10,000 flight cycles from the previously accomplished inspection.

(h) Maintenance Program Revision for Serial Numbers 8080 through 8999

    (1) For airplane serial numbers 8080 through 8999 inclusive:
Within 30 days from the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, by
incorporating the information specified in AWL task number 53-41-193
specified in Bombardier CL-600-2B19 Airworthiness Limitations
Temporary Revision 2B-2266, dated July 19, 2018, to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier Maintenance
Requirements Manual. Except as specified in paragraph (h)(2) of this
AD, the initial compliance time for doing the task is at the time
specified in Bombardier CL-600-2B19 Airworthiness Requirements
Temporary Revision 2B-2266, dated July 19, 2018, to Appendix B--
Airworthiness Limitations, of Part 2 of the Bombardier Maintenance
Requirements Manual, or within 90 days after the effective date of
this AD, whichever occurs later.
    (2) For airplanes that were previously inspected using AWL task
number 53-41-149, perform an inspection by incorporating the
information specified in AWL task number 53-41-193, provided in
Bombardier CL-600-2B19 Airworthiness Requirements Temporary Revision
2B-2265, dated July 19, 2018, to Appendix B--Airworthiness
Limitations, of Part 2 of the Bombardier Maintenance Requirements
Manual, within 10,000 flight cycles from the previously accomplished
inspection.

(i) Corrective Actions

    If any crack is found during any inspection required by this AD,
before further flight, repair using a method approved by the
Manager, New York ACO Branch, FAA; or Transport Canada Civil
Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval
Organization (DAO), and accomplish any repair instructions,
including any new airworthiness limitations and inspection
requirements accordingly. If approved by the DAO, the approval must
include the DAO-authorized signature.

(j) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as
required by paragraphs (g), (h), and (i) of this AD, as applicable,
no alternative actions (e.g., inspections) or intervals may be used
unless the actions or intervals are approved as an AMOC in
accordance with the procedures specified in paragraph (k)(1) of this
AD.

(k) Other FAA AD Provisions

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

    (ii) AMOCs approved previously for AD 2003-09-04 R1 are approved
as AMOCs for the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by
the DAO, the approval must include the DAO-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2002-39R2, dated August 15, 2019, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2019-0720.
    (2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier CL-600-2B19 Maintenance Requirements Temporary
Revision 2B-2265, dated July 19, 2018, to Appendix B--Airworthiness
Limitations, of Part 2 of the Bombardier Maintenance Requirements
Manual.
    (ii) Bombardier CL-600-2B19 Maintenance Requirements Temporary
Revision 2B-2266, dated July 19, 2018, to Appendix B--Airworthiness
Limitations, of Part 2 of the Bombardier Maintenance Requirements
Manual.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1-866-538-1247 or direct-dial
telephone 1-514-855-2999; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>internet https://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 27, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-02718 Filed 2-11-20; 8:45 am]
 BILLING CODE 4910-13-P