[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Rules and Regulations]
[Page 16346-16347]
[DOCID:fr01ap10-12]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 524

[Docket No. FDA-2010-N-0002]

Ophthalmic and Topical Dosage Form New Animal Drugs;
Orbifloxacin, Mometasone Furoate Monohydrate, and Posaconazole
Suspension

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Final rule.

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SUMMARY:  The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of a new animal drug application
(NADA) filed by Intervet, Inc. The NADA provides for the veterinary
prescription use of a suspension containing orbifloxacin, mometasone
furoate monohydrate, and posaconazole for the treatment of otitis
externa in dogs.

DATES:  This rule is effective April 1, 2010.

FOR FURTHER INFORMATION CONTACT:  Melanie R. Berson, Center for
Veterinary Medicine (HFV-110), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Intervet, Inc., 56 Livingston Ave.,
Roseland, NJ 07068, filed NADA 141-266 that provides for veterinary
prescription use of POSATEX (orbifloxacin, mometasone furoate
monohydrate, and posaconazole) Otic Suspension for the treatment of
otitis externa in dogs associated with susceptible strains of yeast
(Malassezia pachydermatis) and bacteria (coagulase-positive
staphylococci, Pseudomonas aeruginosa, and Enterococcus faecalis). The
NADA is approved as of February 18, 2010, and the regulations are
amended in 21 CFR part 524 by adding Sec.  524.1610 to reflect the
approval.
    In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and
effectiveness data and information submitted to support approval of
this application may be seen in the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.
    FDA has determined under 21 CFR 25.33 that this action is of a type
that does not individually or cumulatively have a significant effect on
the human environment. Therefore, neither an environmental assessment
nor an environmental impact statement is required.
    Under section 512(c)(2)(F)(ii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(ii)), this approval qualifies for
3 years of marketing exclusivity beginning on the date of approval.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 524

    Animal drugs.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 524 is
amended as follows:

PART 524--OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 524 continues to read as
follows:

    Authority:  21 U.S.C. 360b.

0
2. Add Sec.  524.1610 to read as follows:

Sec.  524.1610  Orbifloxacin, mometasone furoate monohydrate, and
posaconazole suspension.

    (a) Specifications. Each gram of suspension contains 10 milligrams
(mg) orbifloxacin, mometasone furoate monohydrate equivalent to 1 mg
mometasone furoate, and 1 mg posaconazole.
    (b) Sponsor. See No. 000061 in Sec.  510.600(c) of this chapter.
    (c) Conditions of use in dogs--(1) Amount. For dogs weighing less
than 30 lbs. instill 4 drops once daily into the ear canal. For dogs
weighing 30 lbs. or more, instill 8 drops into the ear canal. Therapy
should continue for 7 consecutive days.

    (2) Indications for use. For the treatment of otitis externa
associated with susceptible strains of yeast (Malassezia pachydermatis)
and bacteria (coagulase-positive staphylococci, Pseudomonas aeruginosa,
and Enterococcus faecalis).
    (3) Limitations. Federal law restricts this drug to use by or on
the order of a licensed veterinarian.

    Dated: March 24, 2010.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2010-7163 Filed 3-31-10; 8:45 am]
BILLING CODE 4160-01-S


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on February 19, 2004

      NOTICE OF ACTION TAKEN -- DOCKET OST-2003-16698

________________________________________________________________________
____________________________________

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).

Application of  US Airways, Inc.              filed   12/10/2003  for:

XX   Exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States, via intermediates, and a
point or points in Kuwait, and beyond.  US Airways also requests
authority to integrate this authority with its existing certificate and
exemption authority. US Airways intends to operate this service via
Germany pursuant to a code-share arrangement with Lufthansa whereby US
Airways will place its code on flights operated by Lufthansa.

Applicant rep:   Howard Kass<PHONE_NUMBER>   DOT Analyst:  Gerald
Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:  February 19, 2004, through
February 19, 2006

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the overall state of
aviation relations between the United States and Kuwait.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:   XX Holder’s
certificates of public convenience and necessity

	    XX  Standard exemption conditions (attached)

	    XX  Statement of authorization for US Airways/Lufthansa code-share
operations granted

           October 16, 2003 and conditions therein (see Notice of Action
Taken, Docket OST-

           2003-15946)

________________________________________________________________________
___________

Conditions:  The route integration authority granted is subject to the
condition that any service provided

under this exemption shall be consistent with all applicable agreements
between the United States and the foreign countries involved.
Furthermore, (a) nothing in the award of the route integration authority

requested should be construed as conferring upon US Airways rights
(including fifth-freedom intermediate and/or beyond rights) to serve
markets where U.S. carrier entry is limited unless US Airways notifies
the Department of its intent to serve such a market and unless and until
the Department has completed any necessary carrier selection procedures
to determine which carrier(s) should be authorized to exercise such
rights; and (b) should there be a request by any carrier to use the
limited-entry route rights that are included in US Airways’ authority
by virtue of the route integration exemption granted here, but that are
not then being used by US Airways, the holding of such authority by
route integration will not be considered as providing any preference for
US Airways in a competitive carrier selection proceeding to determine
which carrier(s) should be entitled to use the authority at issue.

The authority granted to operate to third countries is limited to
countries with which the United States has signed open-skies agreements
and/or countries for which the carrier holds authority to serve under
certificates or exemptions issued by the Department, and for which it
holds route integration authority by virtue of either the present action
or other action of the Department.

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; and (2) grant of the authority was consistent with the public
interest; and (3) 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, 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:

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

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

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

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security.  To assure compliance with all applicable U.S.
Government requirements concerning security, the holder shall, before
commencing any new service (including charter flights) to or from a
foreign airport, contact its Principal Security Inspector (PSI) to
advise the PSI 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; and

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

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

08/2003

 PAGE

 PAGE   3


[Federal Register: November 3, 2005 (Volume 70, Number 212)]
[Notices]
[Page 66827]
[DOCID:fr03no05-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-43-000]

Iroquois Gas Transmission System, L.P.; Notice of GRI Refund
Report

October 27, 2005.
    Take notice that on October 21, 2005, Iroquois Gas Transmission
System, L.P. (Iroquois) tendered for filing its refund report relating
to amounts received from Gas Research Institute (GRI).
    Iroquois states that copies of its filing were served on all
jurisdictional customers and interested state regulatory agencies and
all parties to the proceeding.
    Any person desiring to intervene or to protest this filing 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). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time November 3, 2005.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-6074 Filed 11-2-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 28, 2008 (Volume 73, Number 230)]
[Notices]
[Page 72470]
[DOCID:fr28no08-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-409-000]

Orbit Gas Storage, Inc.; Notice of Availability of the
Environmental Assessment for the Proposed Kentucky Energy Hub Project

November 21, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) on the
natural gas storage facilities proposed by Orbit Gas Storage, Inc.
(OGS), in the above-referenced docket.
    The EA was prepared to satisfy the requirements of the National
Environmental Policy Act of 1969 (NEPA). The FERC staff concludes that
approval of the proposed project, with appropriate mitigating measures,
would not constitute a major federal action significantly affecting the
quality of the human environment.
    The EA assesses the potential environmental effects of the
construction and operation of OGS' proposed Kentucky Energy Hub Project
which includes all of the facilities described below in Hopkins County,
Kentucky. The Kentucky Energy Hub Project would consist of developing a
5 billion-cubic-foot storage facility from a depleted natural gas
production reservoir; 10 new gas storage wells on 3 new well pads; a
new 5,400-horsepower compressor station; an 8.4-mile-long, 16-inch-
diameter gathering pipeline; a 13.3-mile-long, 24-inch-diameter
pipeline; and a new meter station. The proposed project would
interconnect with the ANR Pipeline Company system near Rabbit Ridge,
Kentucky.
    The Kentucky Energy Hub Project would have a total working gas
capacity of about 5 billion cubic feet (Bcf) of natural gas. The
purpose of the project is to provide 100 million standard cubic feet
per day (MMscf/d) of natural gas storage deliverability for service in
the Midwestern and mid-Atlantic regions of the United States. The EA
has been placed in the public files of the FERC. A limited number of
copies of the EA are available for distribution and public inspection
at: Federal Energy Regulatory Commission, Public Reference Room, 888
First Street, NE., Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    Copies of the EA have been mailed to federal, state, and local
agencies; public interest groups; interested individuals; newspapers
and libraries in the project area; Native American groups; and parties
to this proceeding. Any person wishing to comment on the EA may do so.
To ensure consideration prior to a Commission decision on the proposal,
it is important that we receive your comments before the date specified
below.
    Please note that the Commission strongly encourages electronic
filing of any comments or interventions or protests to this proceeding.
See Title 18 of the Code of Federal Regulations, Part
385.2001(a)(1)(iii) and the instructions on the Commission's Internet
Web site at http://www.ferc.gov under the link to ``Documents and
Filings'' and ``eFiling.'' eFiling is a file attachment process and
requires that you prepare your submission in the same manner as you
would if filing on paper, and save it to a file on your computer's hard
drive. New eFiling users must first create an account by clicking on
``Sign up'' or ``eRegister.'' You will be asked to select the type of
filing you are making. This filing is considered a ``Comment on
Filing.'' In addition, there is a ``Quick Comment'' option available,
which is an easy method for interested persons to submit text-only
comments on a project. The Quick Comment User Guide can be viewed at
http://www.ferc.gov/docs-filing/efiling/quick-comment-guide.pdf. Quick
Comment does not require a FERC eRegistration account; however, you
will be asked to provide a valid e-mail address. All comments submitted
under either eFiling or the Quick Comment option are placed in the
public record for the specified docket.
    If you are filing written comments, please carefully follow these
instructions to ensure that your comments are received in time and
properly recorded:
     Send an original and two copies of your comments to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Room 1A, Washington, DC 20426;
     Reference Docket No. CP08-409-000;
     Label one copy of the comments for the attention of the
Gas Branch 1, PJ-11.1; and
     Mail your comments so that they will be received in
Washington, DC on or before December 22, 2008.
    Comments will be considered by the Commission but will not serve to
make the commentor a party to the proceeding. Any person seeking to
become a party to the proceeding must file a motion to intervene
pursuant to Rule 214 of the Commission's Rules of Practice and
Procedures (18 CFR 385.214).\1\ Only intervenors have the right to seek
rehearing of the Commission's decision.
---------------------------------------------------------------------------

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

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your comments considered.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field (i.e., CP08-408). Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission 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. To register for this service, go to the eSubscription
link on the FERC Internet Web site (http://www.ferc.gov/
esubscribenow.htm).

Kimberly D. Bose,
Secretary.
[FR Doc. E8-28281 Filed 11-26-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Rules and Regulations]
[Pages 34946-34948]
[FR Doc No: 2018-15752]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0656]
RIN 1625-AA00

Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliot Bay,
Seattle, Washington

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily amending the Fleet Week
Maritime Festival safety zone. This year's Parade of Ships will
commence with the aerial demonstration followed by the pass and review
of ships. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards associated with the
Parade of Ships. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Puget Sound.

DATES: This temporary rule is effective from 8 a.m. until 8 p.m. on
July 31, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0656 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Zachary Spence, Sector Puget Sound
Waterways Management Division, Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule, without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule due to unanticipated modifications to
this year's Fleet Week Maritime Festival's sequence of events imposed
by event organizers on the Coast Guard. It is impracticable to publish
an NPRM for this temporary rule because the safety zone must be
established by July 31, 2018, to protect the public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the same reasons stated in the
preceding paragraph.

III. Legal Authority and Need for Rule

    On June 28, 2018, the Fleet Week planning Committee notified the
Coast Guard of a change to the sequence of events for this year's
Parade of Ships to conduct aerial demonstrations prior to instead of
immediately following the pass and review of ships. This temporary
amendment to our safety zone regulation for the Fleet Week Maritime
Festival, Pier 66, Elliott Bay, Seattle, Washington, 33 CFR 165.1330,
will reflect the actual order of events for this year's Parade of
Ships, and is needed to notify the public of the change in the sequence
of events this year and avoid uncertainty as to the effective period of
the rule, which remains unchanged.
    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone associated
with the Parade of Ships.

IV. Discussion of the Rule

    This rule temporarily amends Sec.  165.1330 to reflect this year's
sequence of events. During this year's Parade of Ships, the aerial
demonstration will occur before the pass and review of ships near Pier
66. The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters immediately before
and after the aerial demonstration and the parade of the ships near
Pier 66. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
    The regulation will be enforced for the same area as in past years
and for same hours--from 8 a.m. until 8 p.m. The only change to the
regulation is how it describes the sequence of events.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant

regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB), and pursuant to OMB guidance it is exempt from the requirements
of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of Elliott Bay for 12 hours. Moreover,
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule will allow vessel
operators to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
amending a safety zone to specify the sequence of events during this
year's Fleet Week Maritime Festival. It is categorically excluded from
further review under paragraph L60a of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. In Sec.  165.1330, from 8 a.m. until 8 p.m. on July 31, 2018,
temporarily suspend paragraph (b) and temporarily add paragraph (e) to
read as follows:

Sec.  165.1330   Safety Zone; Fleet Week Maritime Festival, Pier 66,
Elliott Bay, Seattle, Washington.

* * * * *
    (e) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no vessel operator may enter, transit, moor,
or anchor within this safety zone, except for vessels authorized by the
Captain of the Port or Designated Representative, thirty minutes prior
to the beginning, during and thirty minutes following the conclusion of
the Parade of Ships. For the purpose of this rule, the Parade of Ships
includes both the pass and review of the ships near Pier 66 and the
aerial demonstrations immediately before the pass and review. The
Captain of the Port may be assisted by other federal, state, or local
agencies as needed.

    Dated: July 18, 2018.
M.M. Balding,
Captain, U.S. Coast Guard, Acting Captain of the Port Puget Sound.
[FR Doc. 2018-15752 Filed 7-23-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Proposed Rules]
[Page 42777]
[FR Doc No: 2015-17682]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0368; FRL-9930-77-Region 4]

Approval and Promulgation of Implementation Plans; North
Carolina; Nitrogen Dioxide and Sulfur Dioxide National Ambient Air
Quality Standards Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan revision submitted by the State of
North Carolina, through the North Carolina Department of Environment
and Natural Resources on August 13, 2012, pertaining to definition
changes for the Nitrogen Dioxide and Sulfur Dioxide National Ambient
Air Quality Standards. EPA is approving this SIP revision because the
State has demonstrated that it is consistent with the Clean Air Act. In
the Final Rules section of this issue of the Federal Register, EPA is
approving the State's implementation plan revision as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule.

DATES: Written comments must be received on or before August 19, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0368, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2015-0368,'' Air Regulatory Management
Section (formerly the Regulatory Development Section), Air Planning and
Implementation Branch (formerly the Air Planning Branch), Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is<PHONE_NUMBER>. Mr. Farngalo can
also be reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register. A detailed rationale for the approval is set forth in the
direct final rule. If no adverse comments are received in response to
this rule, no further activity is contemplated. If EPA receives adverse
comments, the direct final rule will be withdrawn and all public
comments received will be addressed in a subsequent final rule based on
this proposed rule. EPA will not institute a second comment period on
this document. Any parties interested in commenting on this document
should do so at this time.

    Dated: July 6, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-17682 Filed 7-17-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Notices]
[Pages 73109-73113]
[FR Doc No: 2020-25181]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90381;File No. SR-CboeBZX-2020-080]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Add
Certain Fees Related to the Listing and Trading of Options Contracts on
the Mini-SPX Index (``XSP'') and Update Certain Other Language in the
Fee 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.
---------------------------------------------------------------------------

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

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

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') proposes to
add certain fees related to the listing and trading of options
contracts on the Mini-SPX Index (``XSP'') and update certain other
language in the 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
    On November 2, 2020, the Exchange's equity options platform (``BZX
Options'') plans to begin listing XSP options for trading.\3\
Accordingly, the Exchange proposes to amend its Fee Schedule for BZX
Options, effective November 2, 2020, to: (1) Adopt fee codes for XSP
options that add or remove liquidity on the Exchange or are routed away
from the Exchange; and (2) update applicable fee codes for certain
volume tiers to include fee codes for XSP options. Additionally, the
Exchange proposes to update the fees schedule to reflect the recent
adoption of the Penny Program on a permanent basis.
---------------------------------------------------------------------------

    \3\ See Rule 29.11(a).
---------------------------------------------------------------------------

Adoption of Fee Codes for Orders in XSP
    The Exchange first proposes to adopt fee codes for various orders
in XSP options in the Fees and Associated Fees table in the Fee
Schedule, as follows:
     Proposed fee code XA is appended to all Professional
orders in XSP that add liquidity and are provided a rebate of $0.25 per
contract;
     Proposed fee code XC is appended to all Customer orders in
XSP that remove liquidity and are assessed a fee of $0.50 per contract;
     Proposed fee code XF is appended to all Firm, Broker
Dealer and Joint Back Office (``JBO'') orders in XSP that add liquidity
and are provided a rebate of $0.25 per contract;
     Proposed fee code XM is appended to all Market Maker
orders in XSP that add liquidity and are provided a rebate of $0.29 per
contract;
     Proposed fee code XN is appended to all Away Market Maker
orders in XSP that add liquidity and are provided a rebate of $0.26 per
contract;
     Proposed fee code XO is appended to all Customer orders in
XSP that are routed away from the Exchange and executed at another
exchange and are assessed a fee of $0.29 per contract. The Exchange
notes that XSP is a proprietary product which is traded exclusively on
the Exchange and the Exchange's affiliated options exchange, Cboe
Exchange, Inc. (``Cboe Options''),\4\ therefore, orders in XSP are
routed to execute on Cboe Options;
---------------------------------------------------------------------------

    \4\ The Exchange notes that, on November 2, 2020, the Exchange's
affiliated options exchange, Cboe EDGX Exchange, Inc. (``EDGX
Options''), plans to delist XSP options. The Exchange's affiliated
options exchange, Cboe C2 Exchange, Inc. (``C2'') may also list and
trade XSP options but does not currently do so.
---------------------------------------------------------------------------

     Proposed fee code XP is appended to all Non-Customer
orders in XSP that remove liquidity and are assessed a fee of $0.50 per
contract;
     Proposed fee code XR is appended to all Non-Customer
orders in XSP that are routed away from the Exchange and executed at
another exchange and are assessed a fee of $0.90 per contract; and
     Proposed fee code XY is appended to all Customer orders in
XSP that add liquidity and are provided a rebate of $0.25 per contract.
Addition of XSP Fee Codes to Volume Tiers
    The Exchange next proposes to add certain fee codes for XSP, as
proposed, to the list of fee codes applicable to certain volume tiers
currently in the Fee Schedule. The proposed rule change adds fee code
XY (Customer orders in XSP that add liquidity) to the list of fee codes
in footnote 1 \5\ applicable to the Customer Penny Add Volume \6\
Tiers.\7\ Currently, the eight Customer Penny Add Volume Tiers provide
Members' orders yielding the applicable fee codes (currently, PY,
appended to Customer orders that add liquidity in Penny Program
Securities) an opportunity receive an additional rebate, ranging from
$0.35 to $0.53 per contract, where a Member reaches certain volume
thresholds (by submitting both Penny and non-Penny Program orders) over
OCV \8\ and/or TCV \9\ that vary per tier.
---------------------------------------------------------------------------

    \5\ And appends footnote 1 to fee code XY in the Fee Codes and
Associated Fees table.
    \6\ The Exchange adds the term ``Volume'' to the title of this
tier in order to make it consistent with the titles of the Penny Add
Volume Tiers applicable to other market participant orders (e.g.,
the Market-Maker Penny Add Volume Tiers).
    \7\ The Exchange also proposes to update the title of each of
the Penny Pilot Tiers and Non-Penny Pilot Tiers to remove the term
``Pilot'' in order to reflect the adoption of the Penny Pilot
Program on a permanent basis (as described in detail below) and to
additionally reflect the proposed inclusion, and any future
potential inclusion, of classes with a minimum increment of a penny
that are not in the Penny Interval Program (such as XSP).
    \8\ ``OCC Customer Volume'' or ``OCV'' means the total equity
and ETF options volume that clears in the Customer range at the
Options Clearing Corporation (``OCC'') for the month for which the
fees apply, excluding volume on any day that the Exchange
experiences an Exchange System Disruption and on any day with a
scheduled early market close.
    \9\ ``TCV'' means total consolidated volume calculated as the
volume reported by all exchanges to the consolidated transaction
reporting plan 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.
---------------------------------------------------------------------------

    The proposed rule change adds fee code XF (Firm/Broker Dealer/JBO
orders in XSP that add liquidity) to the list of fee codes in footnote
2 \10\ applicable to the Firm, Broker Dealer, and Joint Back Office
Penny Add Volume Tiers. Currently, the two Firm, Broker Dealer, and
Joint Back Office Penny Add Volume Tiers provide Members' orders
yielding the applicable fee codes (currently, PF, appended to Firm/
Broker Dealer/JBO orders that add liquidity in Penny Program
Securities) an opportunity to receive an additional rebate of $0.38 or
$0.46 per contract, where a Member reaches certain volume thresholds
(by submitting both Penny and non-Penny Program orders) over average
OCV that vary per tier.
---------------------------------------------------------------------------

    \10\ And appends footnote 2 to fee code XF in the Fee Codes and
Associated Fees table.
---------------------------------------------------------------------------

    The proposed rule change adds fee codes XM (Market Maker orders in
XSP that add liquidity) and XN (Away Market Maker orders in XSP that
add liquidity) to the list of fee codes in footnote 4 \11\ applicable
to the NBBO Setter Tiers. Currently, the five NBBO Setter Tiers provide
Members' orders yielding the applicable fee codes (currently, PN and
PM, appended to Away Market Maker and Market Maker orders,
respectively, that add liquidity in Penny Program Securities) an
opportunity to receive an additional rebate, ranging between $0.01 and
$0.05 per contract, where a Member reaches certain volume thresholds
(by submitting both Penny and non-Penny Program orders) over average
OCV that vary per tier.
---------------------------------------------------------------------------

    \11\ And appends footnote 4 to fee codes XM and XN in the Fee
Codes and Associated Fees table.
---------------------------------------------------------------------------

    The proposed rule change also adds fee code XM to the list of fee
codes in footnote 6 \12\ applicable to the Market Maker Penny Add
Volume Tiers. Currently, the ten Market Maker Penny Add Volume Tiers
provide Members' orders yielding the applicable fee codes (currently,
PM) an opportunity to receive an additional rebate, ranging between
$0.33 and $0.46 per contract, where a Member reaches certain volume
thresholds (by submitting both Penny and non-Penny Program orders) over
average OCV and/or TCV that vary per tier.
---------------------------------------------------------------------------

    \12\ And appends footnote 6 to fee code XM in the Fee Codes and
Associated Fees table.
---------------------------------------------------------------------------

    The proposed rule change adds fee code XA (Professional orders in
XSP that add liquidity) to the list of fee codes

in footnote 9 \13\ applicable to the Professional Penny Add Volume
Tiers. Currently, the four Professional Penny Add Volume Tiers provide
Members' orders yielding the applicable fee codes (currently, PA,
appended to Professional orders that add liquidity in Penny Program
Securities) an opportunity to receive an additional rebate, ranging
between $0.42 and $0.48 per contract, where a Member reaches certain
volume thresholds (by submitting both Penny and non-Penny Program
orders) over average OCV that vary per tier.
---------------------------------------------------------------------------

    \13\ And appends footnote 9 to fee code XA in the Fee Codes and
Associated Fees table.
---------------------------------------------------------------------------

    Lastly, the proposed rule change also adds fee code XN to the list
of fee codes in footnote 10 \14\ applicable to the Away Market Maker
Penny Add Volume Tiers. Currently, the two Away Market Maker Penny Add
Volume Tiers provide Members' orders yielding the applicable fee codes
(currently, PN) an opportunity to receive an additional rebate of $0.38
and $0.45 per contract, where a Member reaches certain volume
thresholds (by submitting both Penny and non-Penny Program orders) over
average OCV that vary per tier.
---------------------------------------------------------------------------

    \14\ And appends footnote 10 to fee code XN in the Fee Codes and
Associated Fees table.
---------------------------------------------------------------------------

    Overall, the Exchange believes the proposed additions of Customer,
Professional, Firm/Broker Dealer/JBO, Market Maker and Away Market
Maker orders in XSP to be eligible to receive rebates offered per the
respective Penny Add Volume Tiers, as well as Market Maker and Away
Market Maker orders in XSP to be eligible to receive rebates offered
per the NBBO Setter Tiers, will provide Members an additional
opportunity to receive an enhanced rebate for meeting the corresponding
tier criteria. As a result, the proposed change provides an additional
incentive for Members to increase their order flow to the Exchange,
including their order flow that establishes a new NBBO, thereby
contributing to a deeper and more liquid market and providing greater
execution opportunities, which benefits all market participants by
creating a more robust and well-balanced market ecosystem.
Updates Regarding Permanent Penny Program
    The proposed rule change also updates the term ``Penny Pilot''
throughout the Fee Schedule to reflect the recent adoption of the pilot
program on a permanent basis.\15\ More specifically, April 1, 2020 the
Commission approved an amendment the Plan for the Purpose of Developing
and Implementing Procedures Designed to Facilitate the Listing and
Trading of Standardized Options (the ``OLPP'') to make permanent the
Penny Pilot Program, and the Exchange accordingly conformed its Rules
to the OLPP Program by deleting Interpretation and Policy .01 to Rule
21.5 (the ``Penny Pilot Rule''), replacing it with Rule 21.5(d)
(Requirements for Penny Interval Program). As a result, the proposed
rule change now updates the Fee Schedule to reflect the permanent Penny
Program, as follows:
---------------------------------------------------------------------------

    \15\ See Securities Exchange Act Release No. 89079 (June 17,
2020), 85 FR 37708 (June 23, 2020) (SR-CboeBZX-2020-051).
---------------------------------------------------------------------------

     Replaces ``Pilot'' with ``Program'', where applicable, in
Standard Rates table and in the description of fee codes PA, PC, PF,
PM, PN, PP, PY, RN and RQ in the Fee Codes and Associated Fees table;
     Amends the term ``Penny Pilot Securities'' to reflect the
definition of ``Penny Program Securities'' in the Definition section
and updates the definition to reflect Rule 21.5(d), which now governs
the Penny Program; and
     Removes the term ``Pilot'' from the volume tiers in
footnotes 1 through 3 and 6 through 13.\16\
---------------------------------------------------------------------------

    \16\ See supra note 4.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change will provide
additional clarity in the Fee Schedule by updating references to the
current permanent Penny Program and the corresponding Rule that now
governs the program. The Exchange notes that the proposed rule change
does not alter the securities eligible for the Penny Program nor any of
the rates currently assessed for Penny Program Securities.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\17\ in general, and
furthers the objectives of Section 6(b)(4),\18\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and issuers and other persons
using its facilities. The Exchange also believes that the proposed rule
change is consistent with the objectives of Section 6(b)(5) \19\
requirements that the rules of an exchange be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest, and, particularly, is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f.
    \18\ 15 U.S.C. 78f(b)(4).
    \19\ 15 U.S.C. 78f.(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed fee codes in connection
with orders in XSP options are reasonable, equitable and not unfairly
discriminatory. Specifically, the Exchange believes the proposed fee
codes for orders XSP are reasonable because they correspond with the
current standard fee codes in place for orders in Penny Program
Securities. The Exchange notes that, although XSP is not included in
the Penny Program, it likewise trades in increments of $0.01. As a
result, the Exchange believes it is reasonable to: Offer a rebate of
$0.25 for Professional (XA), Firm/Broker Dealer/JBO (XF) and Customer
(XY) orders that add liquidity in XSP as this is the standard rebate
currently offered for Professional (PA), Firm/Broker Dealer/JBO (PF)
and Customer (PY) orders that add liquidity in Penny Program
securities; to assess a charge of $0.50 for Customer (XC) and Non-
Customer (XP) orders that remove liquidity in XSP as this is the
standard fee currently assessed for Customer (PC) and Non-Customer (PP)
that remove liquidity in Penny Program securities; to offer a rebate of
$0.29 for Market Maker orders that add liquidity in XSP (XM) as this is
the standard rebate currently offered for Market Maker orders that add
liquidity in Penny Program securities (PM); to offer a rebate of $0.26
for Away Market Maker orders that add liquidity in XSP (XN) as this is
the standard rebate currently offered for Away Market Maker orders that
add liquidity in Penny Program securities (PN); and to assess a fee of
$0.90 in Non-Customer orders that are routed away in XSP (XR) as this
is the standard fee currently assessed for Non-Customer orders routed
away in Penny Program securities (RN). In addition to this, the
Exchange believes that the proposed fee of $0.29 assessed for Customer
orders routed in XSP is reasonable because it combines the standard fee
for Customer orders routed to Cboe Options (RP, which is assessed
$0.25) and the rate assessed by Cboe Options for Customer orders in XSP
($0.04).\20\ Specifically, the Exchange believes that the routing fee
for Customer orders in XSP to Cboe Options is reasonable because it

represents an approximation of the anticipated cost to the Exchange for
routing orders to Cboe Options. The Exchange also notes that this
combined rate is similar to the manner in which fee codes for routed
Customer orders are currently provided in the Cboe Options Fees
Schedule.\21\ The Exchange notes too that routing through the Exchange
is voluntary.
---------------------------------------------------------------------------

    \20\ See Cboe Options Fees Schedule, Rate Table--All Products
Excluding Underlying Symbol List A, fee code CC.
    \21\ See generally Cboe Options Fees Schedule, Routing Fees
table; see also Securities Exchange Act Release No. 87873 (December
31, 2019), 85 FR 754 (January 7, 2020) (SR-CBOE-2019-127), which
explains that Cboe Options combines away market transaction fees,
applicable transaction fees on Cboe Options and a $0.15 routing
charge for routed orders.
---------------------------------------------------------------------------

    The Exchange also believes that it is equitable and not unfairly
discriminatory to assess the different fees and rebates for different
market participants' orders in XSP because, as described above, such
standard fees and rebates are currently assessed for different market
participants' orders in Penny Program securities. In addition to this,
the Exchange believes that it is equitable and not unfairly
discriminatory to generally provide higher enhanced rebates for Market
Maker and Away Market Maker orders that add liquidity than for other
market participant orders because Market Makers (including market
makers at other exchanges), unlike other market participants, take on a
number of obligations, including quoting obligations, that other market
participants do not have. Further, these enhanced rebates offered to
liquidity adding Market Makers and Away Market Maker orders are
intended to incent increased provision of liquidity on the Exchange,
thereby providing more trading opportunities for all market
participants. An increase in general market making activity facilitates
tighter spreads, which tend to signal additional corresponding increase
in order flow from other market participants, ultimately incentivizing
more overall order flow and improving liquidity levels and price
transparency on the Exchange to the benefit of all market participants.
Similarly, the Exchange believes that it is equitable and not unfairly
discriminatory to provide a rebate for Customer, Firm/Broker Dealer/JBO
and Professional orders that add liquidity because these participants
also contribute order flow that enhances liquidity on the Exchange for
the benefit of all market participants. For example, Customer liquidity
benefits all market participants by providing more execution
opportunities, in turn, attracting Market Maker order flow, which, as
stated above, ultimately enhances market quality on the Exchange to the
benefit of all market participants. The Exchange also recognizes that
Firms/Broker Dealers/JBOs can be an important source of liquidity when
they facilitate their own customers' trading activity, thus, adding
transparency and promoting price discovery to the benefit of all market
participants, while Professionals generally provide a greater
competitive stream of order flow (by definition, more than 390 orders
in listed options per day on average during a calendar month), thus,
providing increased competitive execution and improved pricing
opportunities for all market participants. In addition to this, the
Exchange believes that the proposed XSP fee amounts for each separate
type of market participant are equitable and not unfairly
discriminatory because they will be automatically and uniformly
assessed to all such market participants, i.e. all Customer orders will
be assessed the same amount, all Non-Customer orders will be assessed
the same amount, all Professional orders will be assessed the same
amount, and so on.
    The Exchange believes that it is reasonable, equitable and not
unfairly discriminatory to apply fee codes XY, XF, XM, XA and XN to the
respective Add Volume Penny Tiers, and XM and XN to the NBBO Setter
Tiers, because the comparable corresponding fee codes for orders in
Penny Program Securities are currently applied to such tiers and orders
yielding those fee codes currently receive the additional rebates
available. The Exchange believes that adding the proposed fee codes for
orders in XSP to the corresponding Add Volume Penny Tiers, and NBBO
Setter Tiers, is reasonably designed to incentivize Members to increase
their overall order flow, including that which establishes a new NBBO,
to meet the respective tiers in order to receive an additional rebate
on their orders in XSP. As described above, different market
participants provide distinct sources of liquidity to the Exchange,
each of which contributes overall to supporting a more robust, well-
balanced market ecosystem. Therefore, the Exchange believes it is
reasonable to provide an additional opportunity for these market
participants to receive a rebate on their qualifying orders in XSP as
incentivize to increase order flow from each type of market
participant.
    Moreover, the Exchange believes that adding XSP fee codes as
eligible for the additional rebates under the corresponding Add Volume
Tiers, as well as the NBBO Setter Tiers, is equitable and not unfairly
discriminatory because the rebates are applied uniformly to all Members
that submit orders in XSP yielding the applicable fee codes. The
Exchange notes that the proposed addition of XSP fee codes as eligible
to receive tiered pricing does not alter any of the current rebates
offered under the Add Volume Penny Tiers or the NBBO Setter Tiers or
any of the current criteria under such tiers, which therefore, does not
impact any current opportunity for Members, nor any Member's ability,
to reach the tiers.
    Finally, the Exchange believes the proposed update to the Penny
Program language and Rule reference in the Fee Schedule is reasonable,
equitable and not unfairly discriminatory because it is intended to
provide additional clarity in the Fee Schedule by updating references
to the current permanent Penny Program and the corresponding Rule that
now governs the program and does not alter the securities eligible for
the Penny Program nor any of the rates currently assessed for Penny
Program Securities.

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

    The Exchange believes the proposed amendments to its Fee Schedule
will not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed rule change will impose any burden
on intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the XSP fee amounts for
each separate type of market participant will be assessed equally to
all such market participants. The Exchange notes that the same varying
rates applicable to orders submitted by different market participants
are currently in place for orders in Penny Program Securities (which,
like XSP, trade in $0.01 increments). While different fees are assessed
to different market participants in some circumstances, the obligations
and circumstances between these market participants differ, as
discussed above. For example, Market Makers have quoting obligations
that are not applicable to other market participants. In addition to
this, the Exchange notes that all Members will continue to have the
opportunity to meet the Add Volume Penny Tiers and the NBBO Setter
Tiers and the rebates provided under each tier will be applied
uniformly to Members' orders in XSP yielding the applicable fee codes.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in

furtherance of the purposes of the Act because the propose fees
assessed and rebates offered apply to an Exchange proprietary product,
which are traded exclusively on the Exchange and the Exchange's
affiliated options exchange, Cboe Options.\22\
---------------------------------------------------------------------------

    \22\ See supra note 4.
---------------------------------------------------------------------------

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 \23\ and paragraph (f) of Rule 19b-4 \24\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 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-2020-080 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-2020-080. 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-2020-080 and should be submitted
on or before December 7, 2020.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-25181 Filed 11-13-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89682-89684]
[FR Doc No: 2023-28697]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC98-2-005; ER18-2162-004.
    Applicants: Louisville Gas and Electric Company, Kentucky Utilities
Company, Louisville Gas & Electric Company, Kentucky Utilities Company.
    Description: Refund Report of Louisville Gas and Electric Company
et al.
    Filed Date: 12/18/23.
    Accession Number: 20231218-5306.
    Comment Date: 5 p.m. ET 1/8/24.

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

    Docket Numbers: EG24-60-000.
    Applicants: San Juan Solar 1, LLC.
    Description: San Juan Solar 1, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 12/20/23.
    Accession Number: 20231220-5266.
    Comment Date: 5 p.m. ET 1/10/24.

    Docket Numbers: EG24-61-000.
    Applicants: SJS 1 Storage, LLC.
    Description: SJS 1 Storage, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 12/20/23.
    Accession Number: 20231220-5268.
    Comment Date: 5 p.m. ET 1/10/24.

    Docket Numbers: EG24-62-000.
    Applicants: Town Hill Energy Storage 1 LLC.
    Description: Town Hill Energy Storage 1 LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5097.
    Comment Date: 5 p.m. ET 1/11/24.

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

    Docket Numbers: ER22-1525-003.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: Settlement Compliance Filing of
People's Electric in Response to Nov. 30 Order to be effective 6/1/
2022.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5056.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER23-1752-002.
    Applicants: Oak Trail Solar, LLC.
    Description: Tariff Amendment: Second Response to Deficiency Letter
to be effective 6/30/2023.

    Filed Date: 12/21/23.
    Accession Number: 20231221-5040.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER23-2957-001.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Tariff Amendment: Alabama Power Company submits tariff
filing per 35.17(b): Origis Development (Pelham Solar + Storage) LGIA
Deficiency Response to be effective 9/22/2023.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5178.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER23-2977-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2023-12-21_Deficiency Response to
Reliability Based Demand Curve to be effective 6/3/2024.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5103.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER23-2979-001.
    Applicants: CPV Maple Hill Solar, LLC.
    Description: Compliance filing: Reactive Power Rate Schedule
Compliance Filing to be effective 11/29/2023.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5196.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-719-000.
    Applicants: Database returns error. There is a problem with archive
data and system. Contact Administrator.
    Description: Baseline eTariff Filing: San Juan Solar 1, LLC submits
tariff filing per 35.12: Application for Market-Based Rate Authority to
be effective 2/19/2024.
    Filed Date: 12/20/23.
    Accession Number: 20231220-5254.
    Comment Date: 5 p.m. ET 1/10/24.

    Docket Numbers: ER24-720-000.
    Applicants: SJS 1 Storage, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate Authority to be effective 2/19/2024.
    Filed Date: 12/20/23.
    Accession Number: 20231220-5256.
    Comment Date: 5 p.m. ET 1/10/24.

    Docket Numbers: ER24-721-000.
    Applicants: Database returns error. There is a problem with archive
data and system. Contact Administrator.
    Description: 205(d) Rate Filing: PJM Interconnection, L.L.C.
submits tariff filing per 35.13(a)(2)(iii: Amendment to ISA, Service
Agreement No. 6206; Queue No. AE1-196 to be effective 2/19/2024.
    Filed Date: 12/20/23.
    Accession Number: 20231220-5270.
    Comment Date: 5 p.m. ET 1/10/24.

    Docket Numbers: ER24-722-000.
    Applicants: Oklahoma Gas and Electric Company.
    Description: 205(d) Rate Filing: Normal filing 2024 Jan to be
effective 1/1/2024.
    Filed Date: 12/20/23.
    Accession Number: 20231220-5278.
    Comment Date: 5 p.m. ET 1/10/24.

    Docket Numbers: ER24-723-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 205(d) Rate Filing: 4206 Tenaska Clear/WAPA Facilities
Construction Agreement to be effective 2/20/2024.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5034.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-724-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 205(d) Rate Filing: 607R45 Evergy Kansas Central, Inc.
NITSA NOA to be effective 12/1/2023.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5136.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-725-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: 205(d) Rate Filing: Amendment to 5 Service Agreements
re: FirstEnergy Reorganization to be effective 12/31/9998.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5154.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-726-000.
    Applicants: Viridon New York Inc.
    Description: Baseline eTariff Filing: Formula Rate Baseline to be
effective 2/20/2024.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5157.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-727-000.
    Applicants: Viridon Southwest LLC.
    Description: Baseline eTariff Filing: Formula Rate Baseline to be
effective 2/20/2024.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5159.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-728-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Tariff Amendment: Notice of Cancellation of Service
Agreement FERC No. 610 to be effective 11/25/2023.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5167.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-729-000.
    Applicants: Holyoke BESS LLC.
    Description: Baseline eTariff Filing: Application for Market Based
Rate Authority to be effective 12/22/2023.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5185.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-730-000.
    Applicants: Southern California Edison Company.
    Description: 205(d) Rate Filing: 5th Amend CLGIA & DSA, Mesa Wind
(WDT400-WDT400QFC/SA Nos. 395-396) to be effective 12/22/2023.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5188.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-731-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 205(d) Rate Filing: 2023-12-21_SA 4163 IMPA-IN Solar 1
FSA (J1234) to be effective 2/20/2024.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5189.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-732-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 205(d) Rate Filing: 2023-12-21_SA 4165 IMPA-IN Solar 1
FSA (J1235) to be effective 2/20/2024.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5191.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-733-000.
    Applicants: California State University Channel Islands Site
Authority.
    Description: 205(d) Rate Filing: Amended Request for Schedule L-1,
Expedited Consideration and Waiver to be effective 12/21/2023.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5195.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-734-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 205(d) Rate Filing: 1276R32 Evergy Metro NITSA NOA to
be effective 12/1/2023.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5199.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-735-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 5759; Queue No. AF2-277 re: withdrawal to be effective 1/15/2024.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5206.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-736-000.
    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 5760; Queue No. AF2-278 re: withdrawal to be effective 1/15/2024.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5209.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-737-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 5761; Queue No. AF2-279 re: withdrawal to be effective 1/15/2024.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5211.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-738-000.
    Applicants: PNY BESS LLC.
    Description: Baseline eTariff Filing: Application For Market Based
Rate Authority to be effective 12/22/2023.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5215.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-739-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 5835; Queue No. AF2-288 re: withdrawal to be effective 1/15/2024.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5216.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-740-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 5820; Queue No. AF2-290 re: withdrawal to be effective 1/15/2024.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5218.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-741-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: 205(d) Rate Filing: Amendment to 5 Service Agreements
re: FirstEnergy Reorganization to be effective 12/31/9998.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5219.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-742-000.
    Applicants: Duke Energy Business Services LLC, PJM Interconnection,
L.L.C.
    Description: 205(d) Rate Filing: Duke Energy Business Services LLC
submits tariff filing per 35.13(a)(2)(iii: Duke submits Amended
Interconnection Agreement, Service Agreement No. 3132 to be effective
11/29/2023.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5221.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-743-000.
    Applicants: New York State Electric & Gas Corporation, New York
Independent System Operator, Inc.
    Description: 205(d) Rate Filing: New York State Electric & Gas
Corporation submits tariff filing per 35.13(a)(2)(iii: NYISO-NYSEG
Joint 205: Amended EPCA with Ticonderoga Solar, National Grid SA2764 to
be effective 12/11/2023.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5235.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-744-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment: Notice of Cancellation of WMPA, SA
No. 6080; Queue No. AF2-274 re: withdrawal to be effective 2/20/2024.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5238.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-745-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. Request
for Approval of Recovery of Charges in Accordance with Schedule 34 of
the Open Access Transmission, Energy and Operating Reserve Markets
Tariff.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5256.
    Comment Date: 5 p.m. ET 1/11/24.

    Docket Numbers: ER24-746-000.
    Applicants: Arizona Public Service Company.
    Description: 205(d) Rate Filing: Rate Schedule No. 217, Exhibit
B.RWY to be effective 2/23/2024.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5265.
    Comment Date: 5 p.m. ET 1/11/24.

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

    Docket Numbers: ES24-19-000.
    Applicants: ITC Midwest LLC.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of ITC Midwest LLC.
    Filed Date: 12/19/23.
    Accession Number: 20231219-5256.
    Comment Date: 5 p.m. ET 1/9/24.

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

    Docket Numbers: RR24-1-000.
    Applicants: North American Electric Reliability Corporation.
    Description: North American Electric Reliability Corporation
submits Petition for Approval of Revisions to the NERC Working Capital
and Reserves Policy.
    Filed Date: 12/21/23.
    Accession Number: 20231221-5223.
    Comment Date: 5 p.m. ET 1/11/24.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: December 21, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-28697 Filed 12-27-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Proposed Rules]
[Pages 19567-19570]
[FR Doc No: 2012-7770]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0329; Directorate Identifier 2011-NM-139-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A318-112 and -121 airplanes; Model A319-111, -112,
-115, -132, and -133 airplanes; Model A320-

214, -232, and -233 airplanes; and Model A321-211, -212, -213, and -231
airplanes. This proposed AD was prompted by reports of cracked nuts on
the fuselage. This proposed AD would require an inspection to determine
if certain fuselage nuts are installed, a detailed inspection for
cracking of fuselage nuts having a certain part number, and related
investigative and corrective actions if necessary. We are proposing
this AD to detect and correct cracked nuts on the fuselage which could
result in reduced structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by May 17, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0329;
Directorate Identifier 2011-NM-139-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2011-0120R1, dated July 13, 2011 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    During structural part assembly in Airbus production line, some
nuts Part Number (P/N) ASNA2531-4 were found cracked. Investigations
were performed to determine the batches of the affected nuts and had
revealed that these nuts have been installed in production on the
fuselage of aeroplanes listed in the applicability section of this
[EASA] AD.
    Static, fatigue and corrosion tests were performed, which
demonstrated that no immediate maintenance action is necessary.
However, a large number of these nuts are fitted on primary
structural elements, which could have long-term consequences.
    This condition, if not corrected, could impair the structural
integrity of the affected aeroplanes.
    For the reasons described above, this [EASA] AD requires [an
inspection to determine if certain fuselage nuts are installed,] a
detailed inspection [for cracking] of the affected nuts, associated
corrective actions, [general visual inspection for scratching of the
hole if necessary] depending on findings, and replacement of the
affected P/N ASNA2531-4 nuts with new ones, having the same P/N.
* * * * *
    Required actions include related investigative and corrective
actions if necessary. Related investigative actions include a general
visual inspection for scratching of the hole. Corrective actions
include replacing the fastener and installing a new fuselage nut. You
may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-53-1218, Revision 01,
including Appendices 01 and 02, dated June 17, 2010. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 152 products of U.S. registry. We also estimate that
it would take about 15 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $193,800, or $1,275 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 10 work-hours and require parts costing $362, for a cost of
$1,212 per product. We have no way of determining the number of
products that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in

air commerce by prescribing regulations for practices, methods, and
procedures the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority because
it addresses an unsafe condition that is likely to exist or develop on
products identified in this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; 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 a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2012-0329; Directorate Identifier 2011-NM-
139-AD.

(a) Comments Due Date

    We must receive comments by May 17, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A318-112 and -121 airplanes;
Model A319-111, -112, -115, -132, and -133 airplanes; Model A320-
214, -232, and -233 airplanes; and Model A321-211, -212, -213, and -
231 airplanes; certificated in any category; manufacturer serial
numbers 3339, 3340, 3350, 3355, 3360, 3367, 3369, 3372, 3380, 3382,
3385, 3387, 3388, 3390, 3393, 3395, 3397 through 3508 inclusive,
3510 through 3519 inclusive, 3522, 3523, 3525, 3527, 3529, 3530,
3537, 3539, 3542, 3544, 3546, 3548, 3552, and 3555.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracked nuts on the fuselage.
We are issuing this AD to detect and correct cracked nuts on the
fuselage which could result in reduced structural integrity of the
airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Inspection and Replacement

    Within 72 months since first flight of the airplane or within 90
days after the effective date of this AD, whichever occurs later, do
an inspection for nuts having part number (P/N) ASNA2531-4 located
in the fuselage. If a nut having P/N ASNA2531-4 is found, before
further flight, do a detailed inspection for cracking of the nut,
and all applicable related investigative and corrective actions, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-53-1218, Revision 01, including Appendices 01 and 02,
dated June 17, 2010. If any cracking is found, before further
flight, repair, in accordance with the Accomplishment Instructions
of Airbus Service Bulletin A320-53-1218, Revision 01, including
Appendices 01 and 02, dated June 17, 2010.

(h) Reporting

    Submit a report of the findings in accordance with Appendix 01
of the inspection required by paragraph (g) of this AD to Airbus in
accordance with Appendix 01 of Airbus Service Bulletin A320-53-1218,
Revision 01, including Appendices 01 and 02, dated June 17, 2010, at
the applicable time specified in paragraph (h)(1) or (h)(2) of this
AD.
    (1) If the inspection was done on or after the effective date of
this AD: Submit the report within 90 days after the inspection.
    (2) If the inspection was done before the effective date of this
AD: Submit the report within 90 days after the effective date of
this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for inspections and replacements
required by paragraph (g) of this AD, if those actions were
performed before the effective date of this AD using Airbus Service
Bulletin A320-53-1218, including Appendices 01 and 02, dated
February 8, 2010.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, 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 International
Branch, send it to ATTN: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-227-
1405; fax:<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>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. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 5
minutes per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW., Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.

(k) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2011-0120R1, dated July 13, 2011; and Airbus
Service Bulletin A320-53-1218, Revision 01, including Appendices 01
and 02, dated June 17, 2010; for related information.

    Issued in Renton, Washington, on March 22, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-7770 Filed 3-30-12; 8:45 am]
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