[Federal Register: July 28, 2008 (Volume 73, Number 145)]
[Proposed Rules]
[Page 43646-43648]
[DOCID:fr28jy08-12]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0772; Directorate Identifier 2008-SW-30-AD]
RIN 2120-AA64

Airworthiness Directives; MD Helicopters, Inc. Model MD900
(including the MD902 Configuration) Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes adopting a new airworthiness directive
(AD) for the specified MD Helicopters, Inc. (MDHI) model helicopters
that would require, within 30 days, reducing the current gross weight
limit to a maximum gross weight limit of 5,400 pounds and inserting a
copy of this AD into the Limitations section of the Rotorcraft Flight
Manual (RFM) or making certain optional modifications that constitute
terminating actions. This

proposal is prompted by flight tests that show that the information
currently listed in the Limitations section of the RFM is inconsistent
with the actual performance of the helicopter. The actions specified by
the proposed AD are intended to prevent loss of directional control of
the helicopter.

DATES: Comments must be received on or before September 26, 2008.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    You may get the service information identified in this proposed AD
from MD Helicopters Inc., Attn: Customer Support Division, 4555 E.
McDowell Rd., Mail Stop M615, Mesa, Arizona 85215-9734, telephone 1-
800-388-3378, fax<PHONE_NUMBER>, or on the Web at http://
www.mdhelicopters.com.

FOR FURTHER INFORMATION CONTACT: Chip Adam, Flight Test Pilot, FAA, Los
Angeles Aircraft Certification Office, Flight Test Branch, 3960
Paramount Blvd., Lakewood, California 90712-4137, telephone (562) 627-
5369, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any written data, views, or arguments
regarding this proposed AD. Send your comments to the address listed
under the caption ADDRESSES. Include the docket number ``FAA-2008-0772,
Directorate Identifier 2008-SW-30-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of 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
with FAA personnel concerning this proposed rulemaking. Using the
search function of our docket web site, you can find and read the
comments to any of our dockets, including the name of the individual
who sent or signed the comment. You may review the DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000.

Examining the Docket

    You may examine the docket that contains the proposed AD, any
comments, and other information in person at the Docket Operations
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Operations office (telephone<PHONE_NUMBER>) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

Discussion

    This proposed amendment would apply to MDHI Model MD900 (including
the MD902 Configuration) helicopters. This proposed amendment is
prompted by flight tests related to a proposed type design change that
showed that the critical wind azimuth in hover calculated during
original certification as depicted in the Limitations section of the
RFM is in error. RFM Figure 2-2, ``Controllability Envelope and
Critical Azimuth for Crosswind Operation,'' which shows an envelope of
adequate control capability for weights up to the maximum weight in
winds of 17 knots or less from any azimuth and in winds of 15 knots or
less from the 120[deg] to 135[deg] azimuth region, is inconsistent with
the actual performance of the helicopter as demonstrated in recent
flight tests. Use of this incorrect information could lead a pilot to
believe that, at gross weights and altitudes at or near the upper
boundary of the envelope, the helicopter is fully controllable with
sustained crosswinds or winds within the critical wind azimuth area;
the recent flight tests have shown otherwise. This condition, if not
corrected, could result in loss of directional control of the
helicopter.
    We have reviewed MDHI SB900-099 R1, dated December 27, 2006, which
describes procedures for adjusting the directional control system
rigging, installing a thruster extension kit, and verifying that a
NOTAR fan felt seal, part number (P/N) 900F3441025-103 is installed.
The SB specifies that failure to comply with the procedures may result
in reduced anti-torque control during certain combinations of high
gross weight, density altitude, and wind critical conditions. The SB
also indicates that the maximum gross weight of the helicopter will be
lowered if the SB is not complied with.
    This unsafe condition is likely to exist or develop on other
helicopters of the same type designs. Therefore, the proposed AD would
require, for helicopters that have not complied with MDHI SB900-099 R1,
reducing the gross weight limit to a maximum gross weight limit of
5,400 pounds and inserting a copy of the AD into the Limitations
section of the RFM. These actions would be required within 30 days. The
proposed AD would also include optional terminating actions for the
weight reduction. Those terminating actions would be to:
     Determine if a NOTAR fan felt seal part number (P/N)
900F3441025-103 is installed. If a NOTAR fan felt seal, P/N
900F3441025-103, is not installed, replace the installed seal with an
airworthy NOTAR fan felt seal, P/N 900F3441025-103, before further
flight; and
     Install a thruster extension kit in accordance with
specified portions of the service bulletin described previously.
    We estimate that this proposed AD would affect 31 helicopters of
U.S. registry. The estimated lost revenue attributable to the gross
weight reduction would be $1,750,000 per helicopter over the life of
the helicopter. It would take approximately \1/2\ work hour per
helicopter to insert the proposed AD into the Limitations section of
the RFM; 8 work hours to adjust the directional control system rigging;
8 work hours to install a NOTAR fan felt seal; and 24 work hours to
install a thruster extension kit at an average labor rate of $80 per
work hour. The NOTAR fan felt seal and thruster extension kit would
cost approximately $16,000. However, the manufacturer has stated that
they would provide the fan felt seal and the thruster extension kit to
all operators at no cost to them and that they will also provide each
affected operator a credit for the labor costs for a total of 32 work
hours for those work hours required to perform the directional control
rigging adjustment (8 work hours) and installation of the thruster
extension kit (24 work hours). Based on these figures, the total
estimated cost impact of this proposed AD on U.S. operators would be
$1,920, assuming (1) the entire fleet chooses to modify their affected
helicopter in accordance with the optional terminating action provision
of this proposal and there is no reduction in

gross weight necessary, (2) the manufacturer covers all the costs of
the parts and the labor costs associated with the rigging adjustment
and installation of the thruster extension kit and (3) only 3
helicopters need to have a new fan felt seal installed.

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. Additionally, 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 that the 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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a draft economic evaluation of the estimated costs to
comply with this proposed AD. See the AD docket to examine the draft
economic evaluation.

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive
to read as follows:

MD Helicopters, Inc.: Docket No. FAA-2008-0772; Directorate
Identifier 2008-SW-30-AD.

    Applicability: Model MD900 (including MD902 Configuration)
helicopters that have not complied with MD Helicopters, Inc. (MDHI)
Service Bulletin SB900-099 R1, dated December 27, 2006, certificated
in any category.
    Compliance: Required as indicated, unless accomplished
previously.
    To prevent loss of directional control of the helicopter,
accomplish the following:
    (a) Within 30 days, reduce the gross weight limit to a maximum
gross weight limit of 5,400 pounds by inserting a copy of this AD
into the Limitations section of the RFM.
    (b) As an optional terminating action for the weight reduction
mandated by paragraph (a) of this AD, accomplish the following:
    (1) Determine if a NOTAR fan felt seal part number (P/N)
900F3441025-103 is installed. If a NOTAR fan felt seal, P/N
900F3441025-103, is not installed, replace the installed seal with
an airworthy NOTAR fan felt seal, P/N 900F3441025-103, before
further flight.
    (2) Install a thruster extension kit in accordance with the
Accomplishment Instructions, paragraph B. (3). through (17). of MDHI
SB900-099 R1, dated December 27, 2006 (SB), before further flight.
Contacting the manufacturer is not required by this AD.
    (c) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Los Angeles Aircraft Certification Office,
Attn: Chip Adam, Flight Test Pilot, FAA, Flight Test Branch, 3960
Paramount Blvd., Lakewood, California 90712-4137, telephone (562)
627-5369, fax<PHONE_NUMBER>, for information about previously
approved alternative methods of compliance.
    (d) Special flight permits will not be issued.

    Issued in Fort Worth, Texas, on July 8, 2008.
Mark R. Schilling,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
 [FR Doc. E8-17262 Filed 7-25-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30102-30103]
[FR Doc No: E9-14744]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2009-0115]

Collection of Information Under Review by Office of Management
and Budget: OMB Control Numbers: 1625-0009, 1625-0047, 1625-0063, 1625-
0070, and 1625-0084

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
request for comments announces that the U.S. Coast Guard is forwarding
five Information Collection Requests (ICRs), abstracted below, to the
Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget (OMB) requesting an extension of its approval for
the following collections of information: (1) 1625-0009, Oil Record
Book for Ships; (2) 1625-0047, Plan Review and Records for Vital System
Automation;
    (3) 1625-0063, Marine Occupational Health and Safety Standards for
Benzene--46 CFR 197 subpart C; (4) 1625-0070, Vessel Identification
System; and (5) 1625-0084, Audit Reports under the International Safety
Management Code. Review and comments by OIRA ensure we only impose
paperwork burdens commensurate with our performance of duties.

DATES: Please submit comments on or before July 24, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2009-0115] to the Docket Management Facility (DMF) at the
U.S. Department of Transportation (DOT) or to OIRA. To avoid
duplication, please submit your comments by only one of the following
means:
    (1) Electronic submission. (a) To Coast Guard docket at http://www.regulation.gov. (b) To OIRA by e-mail via<EMAIL_ADDRESS>    (2) Mail or Hand delivery. (a) DMF (M-30), DOT, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590-0001. Hand deliver between the hours of 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. The telephone number is 202-
366-9329. (b) To OIRA, 725 17th Street, NW., Washington, DC 20503,
attention Desk Officer for the Coast Guard.
    (3) Fax. (a) To DMF,<PHONE_NUMBER>. (b) To OIRA at<PHONE_NUMBER>. To
ensure your comments are received in time, mark the fax, attention Desk
Officer for the Coast Guard.
    The DMF maintains the public docket for this Notice. Comments and
material received from the public, as well as documents mentioned in
this Notice as being available in the docket, will become part of the
docket and will be available for inspection or copying at room W12-140
on the West Building Ground Floor, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find the docket on the Internet
at http://www.regulations.gov.
    Copies of the ICRs are available through the docket on the Internet
at http://www.regulations.gov.
    Additionally, copies are available from: Commandant (CG-611), Attn
Paperwork Reduction Act (PRA) Manager, US Coast Guard, 2100 2nd St,
SW., Stop 7101, Washington, DC 20593-7101.

FOR FURTHER INFORMATION CONTACT: Contact Mr. Arthur Requina, Office of
Information Management, telephone<PHONE_NUMBER> or fax<PHONE_NUMBER>, for
questions on these documents. Contact Ms. Renee V. Wright, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION:
    The Coast Guard invites comments on whether these ICRs should be
granted based on it being necessary for the proper performance of
Departmental functions. In particular, the Coast Guard would appreciate
comments addressing: (1) The practical utility of the collections; (2)
the accuracy of the estimated burden of the collections; (3) ways to
enhance the quality, utility, and clarity of information subject to the
collections; and (4) ways to minimize the burden of collections on

respondents, including the use of automated collection techniques or
other forms of information technology.
    Comments to Coast Guard or OIRA must contain the OMB Control Number
of the ICR. They must also contain the docket number of this request,
[USCG 2009-0115]. For your comments to OIRA to be considered, it is
best if they are received on or before July 24, 2009.
    Public participation and request for comments: We encourage you to
respond to this request by submitting comments and related materials.
We will post all comments received, without change, to http://www.regulations.gov. They will include any personal information you
provide. We have an agreement with DOT to use their DMF. Please see the
``Privacy Act'' paragraph below.
    Submitting comments: If you submit a comment, please include the
docket number [USCG-2009-0115], indicate the specific section of the
document to which each comment applies, providing a reason for each
comment. We recommend you include your name, mailing address, an e-mail
address, or other contact information in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit comments and material by electronic means, mail, fax, or
delivery to the DMF at the address under ADDRESSES; but please submit
them by only one means. If you submit them by mail or delivery, submit
them in an unbound format, no larger than 8-1/2 by 11 inches, suitable
for copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. In response to your comments, we
may revise the ICR or decide not to seek an extension of approval for
this collection. The Coast Guard and OIRA will consider all comments
and material received during the comment period.
    Viewing comments and documents: Go to http://www.regulations.gov to
view documents mentioned in this Notice as being available in the
docket. Enter the docket number [USCG-2009-0115] in the Search box, and
click, ``Go>>.'' You may also visit the DMF in room W12-140 on the West
Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    Privacy Act: Anyone can search the electronic form of all comments
received in dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review the Privacy
Act statement regarding our public dockets in the January 17, 2008
issue of the Federal Register (73 FR 3316).
    Previous Request for Comments.
    This request provides a 30-day comment period required by OIRA. The
Coast Guard has published the 60-day notice (74 FR 10752, March 12,
2009) required by 44 U.S.C. 3506(c)(2). That Notice elicited no
comments.
    Information Collection Request.
    1. Title: Oil Record Book for Ships.
    OMB Control Number: 1625-0009.
    Type of Request: Extension of a currently approved collection.
    Respondents: Operators of vessels.
    Abstract: This information is used to verify sightings of actual
violations of the Act to Prevent Pollution from Ships to determine the
level of compliance with MARPOL 73/78 and as a means of reinforcing the
discharge provisions.
    Forms: CG-4602A.
    Burden Estimate: The estimated burden has decreased from 26,993
hours to 19,425 hours a year.
    2. Title: Plan Review and Records for Vital System Automation.
    OMB Control Number: 1625-0047.
    Type of Request: Extension of a currently approved collection.
    Respondents: Designers, manufacturers, and owners of vessels.
    Abstract: Title 46 U.S.C. 3306 authorizes the Coast Guard to
promulgate regulations for the safety of personnel and property on
board vessels. Various sections within parts 52, 56, 58, 62, 110, 111,
and 113 of Title 46 of the CFR contain these rules.
    Forms: None.
    Burden Estimate: The estimated burden has decreased from 65,400
hours to 60,000 hours a year.
    3. Title: Marine Occupational Health and Safety Standards for
Benzene --46 CFR 197 subpart C.
    OMB Control Number: 1625-0063.
    Type of Request: Extension of a currently approved collection.
    Respondents: Owners and operators of vessels.
    Abstract: This information collection is vital to verifying
compliance.
    Forms: None.
    Burden Estimate: The estimated burden remains 59,766 hours a year.
    4. Title: Vessel Identification System.
    OMB Control Number: 1625-0070.
    Type of Request: Extension of a currently approved collection.
    Respondents: Governments of States and Territories.
    Abstract: Title 46 U.S.C. 12501 mandates the establishment of a
Vessel Identification System (VIS). Title 33 CFR part 187 prescribe the
requirements of VIS.
    Forms: None.
    Burden Estimate: The estimated burden has decreased from 5,829
hours to 5,456 hours a year.
    5. Title: Audit Reports under the International Safety Management
Code.
    OMB Control Number: 1625-0084.
    Type of Request: Extension of a currently approved collection.
    Respondents: Owners/operators of vessels and organizations
authorized to issue International Safety Management Code certificates
for the United States.
    Abstract: Title 46 U.S.C. 3203 authorizes the Coast Guard to
prescribe regulations regarding safety management systems. Title 33 CFR
part 96 contains the rules for those systems; hence the safe operation
of vessels.
    Forms: None.
    Burden Estimate: The estimated burden has increased from 12,676
hours to 16,873 hours a year.

    Authority:  The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: June 16, 2009.
M. B. Lytle,
Captain, U.S. Coast Guard, Acting Assistant Commandant for Command,
Control, Communications, Computers and Information Technology.
[FR Doc. E9-14744 Filed 6-23-09; 8:45 am]
BILLING CODE 4910-15-P


[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Notices]
[Pages 56990-56994]
[FR Doc No: 2022-20038]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95741; File No. SR-PEARL-2022-36]

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

September 12, 2022.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on September 1, 2022, MIAX PEARL, LLC (``MIAX
Pearl'' or ``Exchange'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') a proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

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

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule applicable to MIAX
Pearl Equities to: (1) increase the rebate for executions of all orders
in securities priced below $1.00 per share that add displayed and non-
displayed liquidity to the Exchange; and (2) increase the fee for
executions of all orders in securities priced below $1.00 per share
that remove liquidity from the Exchange.
Increase Standard Rebates for Added Liquidity in Securities Priced
Below $1.00 per Share
    The Exchange proposes to amend Section (1)(a) of the Fee Schedule,
Standard Rates, to increase the standard rebates for executions of all
orders in securities priced below $1.00 per share that add displayed
and non-displayed liquidity to the Exchange. Currently, the Exchange
provides a standard rebate of (0.05%) \3\ of the total dollar value of
any transaction in securities priced below $1.00 that add displayed or
non-displayed liquidity to MIAX Pearl Equities. This rebate applies to
all Equity Members,\4\ including those that qualify for any of the
Exchange's pricing tiers. These rebates are described in Section (1)(b)
of the Fee Schedule, Liquidity Indicator Codes and Associated Fees.
Liquidity Indicator Codes ``AA,'' ``AB,'' ``AC,'' and ``AR'' apply to
the standard rebate for executions of all orders in securities priced
below $1.00 per share that add displayed liquidity to the Exchange and
Liquidity Indicator Codes ``Aa,'' ``Ab,'' ``Ac,'' ``Ap,'' and ``Ar''
apply to the standard rebate for executions of all

orders in securities priced below $1.00 per share that add non-
displayed liquidity to the Exchange.
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    \3\ Rebates are indicated by parentheses on the Fee Schedule.
See Fee Schedule, General Notes.
    \4\ The term ``Equity Member'' means a Member authorized by the
Exchange to transact business on MIAX Pearl Equities. See Exchange
Rule 1901.
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    The Exchange now proposes to increase the standard rebate from
(0.05%) to (0.10%) of the total dollar value of any transaction for
executions of all orders in securities priced below $1.00 per share
that add displayed or non-displayed liquidity to the Exchange and make
the corresponding changes to the applicable Liquidity Indicator Codes.
The purpose of increasing the rebate for executions of all orders in
securities priced below $1.00 per share that add displayed or non-
displayed liquidity to the Exchange is to incentivize Equity Members to
submit additional orders that add displayed and non-displayed liquidity
in sub-dollar volume to the Exchange. The Exchange notes that overall
volumes in sub-dollar securities in the U.S. equities markets have had
significant increases at certain times; however, the Exchange's volumes
in these securities have been disproportionately lower than certain
other venues, relative to the overall market share of the Exchange and
such other venues, during these times. Thus, the Exchange's proposal to
increase the rebate for executions of all orders in securities priced
below $1.00 per share that add displayed and non-displayed liquidity to
the Exchange is designed to encourage the submission of additional
orders in sub-dollar securities in order to bring the Exchange's
volumes in such securities in line with its overall market share in a
manner that deepens liquidity and promotes price discovery to the
benefit of all Equity Members. These proposed changes will also align
the Exchange's rebates for such securities with that of at least one
other competing exchange.\5\
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    \5\ See MEMX Fee Schedule, Fee/(Rebate)--Securities below $1.00
(``B''), available at https://info.memxtrading.com/fee-schedule/
(last visited August 30, 2022); see also Securities Exchange Act
Release No. 95433 (August 5, 2022), 87 FR 49620 (August 11, 2022)
(SR-MEMX-2022-22) (increasing the rebate for all executions of Added
Displayed Sub-Dollar Volume to 0.10% of the total dollar value of
the transaction).
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Increase Standard Fee for Removing Liquidity in Securities Priced Below
$1.00 per Share
    Next, the Exchange proposes to increase the standard fee charged
for executions of all orders in securities priced below $1.00 per share
that remove liquidity from the Exchange. Currently, the Exchange
charges a standard fee of 0.05% of the total dollar value of any
transaction in securities priced below $1.00 that removes liquidity
from MIAX Pearl Equities. The Exchange now proposes to increase the
standard fee charged for executions of all orders in securities priced
below $1.00 per share that remove liquidity from the Exchange from
0.05% to 0.20% of the total dollar value.\6\ Liquidity Indicator Codes
``RA,'' ``Ra,'' ``RB,'' ``Rb,'' ``RC,'' ``Rc,'' ``RR,'' and ``Rr''
apply to the standard fee for executions of all orders in securities
priced below $1.00 per share that remove liquidity from the Exchange.
The Exchange proposes to make the corresponding changes to the
applicable Liquidity Indicator Codes.
---------------------------------------------------------------------------

    \6\ The proposed pricing is referred to by the Exchange on the
Fee Schedule under the existing description ``Removing Liquidity''
in Section (1)(a), Standard Rates.
---------------------------------------------------------------------------

    The purpose of increasing the standard fee charged for executions
of all orders in securities priced below $1.00 per share that remove
liquidity from the Exchange is for business and competitive reasons.
The Exchange believes that increasing such fee as proposed would
generate additional revenue to offset some of the costs associated with
the Exchange's proposed pricing structure, which provides various
rebates for liquidity-adding orders and discounted fees for liquidity-
removing orders, and the Exchange's operations generally, in a manner
that is consistent with the Exchange's overall pricing philosophy of
encouraging added liquidity. The Exchange notes that despite the modest
increase proposed herein, the Exchange's proposed standard fee for
executions of all orders in securities priced below $1.00 per share
that remove liquidity from the Exchange (0.20% of the total dollar
value) remains competitive with the standard fee to remove liquidity in
securities priced below $1.00 per share charged by other equity
exchanges.\7\
---------------------------------------------------------------------------

    \7\ See MEMX Fee Schedule, Fee Code ``R,'' supra note 4
(charging a standard fee of 0.25% of the total dollar value to
remove liquidity in securities priced below $1.00 per share); see
also Cboe BZX Equities Fee Schedule, Standard Rates, available at
https://www.cboe.com/us/equities/membership/fee_schedule/bzx/) (last
visited August 30, 2022) (charging a standard fee of 0.30% of total
dollar value to remove liquidity in securities priced below $1.00
per share).
---------------------------------------------------------------------------

Conforming Changes to Liquidity Indicator Codes and Associated Fees
Table
    In conjunction with the Exchange's proposal to (1) increase the
rebate for executions of all orders in securities priced below $1.00
per share that add displayed and non-displayed liquidity to the
Exchange and (2) increase the fee for executions of all orders in
securities priced below $1.00 per share that remove liquidity from the
Exchange, the Exchange proposes to update the Liquidity Indicator Codes
and Associated Fees table to reflect the aforementioned changes. The
Exchange proposes to update the liquidity indicator codes as follows:
     Liquidity indicator code AA, Adds Liquidity, Displayed
Order (Tape A). The Liquidity Indicator Code and Associated Fees table
would specify that orders that yield liquidity indicator code AA would
receive a rebate of $0.0029 per share in securities priced at or above
$1.00 and 0.10% of the transaction's dollar value in securities priced
below $1.00.
     Liquidity indicator code AB, Adds Liquidity, Displayed
Order (Tape B). The Liquidity Indicator Code and Associated Fees table
would specify that orders that yield liquidity indicator code AB would
receive a rebate of $0.0029 per share in securities priced at or above
$1.00 and 0.10% of the transaction's dollar value in securities priced
below $1.00.
     Liquidity indicator code AC, Adds Liquidity, Displayed
Order (Tape C). The Liquidity Indicator Code and Associated Fees table
would specify that orders that yield liquidity indicator code AC would
receive a rebate of $0.0029 per share in securities priced at or above
$1.00 and 0.10% of the transaction's dollar value in securities priced
below $1.00.
     Liquidity indicator code AR, Retail Order, Adds Liquidity,
Displayed Order (All Tapes). The Liquidity Indicator Code and
Associated Fees table would specify that orders that yield liquidity
indicator code AR would receive a rebate of $0.0037 per share in
securities priced at or above $1.00 and 0.10% of the transaction's
dollar value in securities priced below $1.00.
     Liquidity indicator code Aa, Adds Liquidity, Non-Displayed
Order (Tape A). The Liquidity Indicator Code and Associated Fees table
would specify that orders that yield liquidity indicator code Aa would
receive a rebate of $0.0021 per share in securities priced at or above
$1.00 and 0.10% of the transaction's dollar value in securities priced
below $1.00.
     Liquidity indicator code Ab, Adds Liquidity, Non-Displayed
Order (Tape B). The Liquidity Indicator Code and Associated Fees table
would specify that orders that yield liquidity indicator code Ab would
receive a rebate of $0.0021 per share in securities priced at or above
$1.00 and 0.10% of the transaction's dollar value in securities priced
below $1.00.
     Liquidity indicator code Ac, Adds Liquidity, Non-Displayed
Order (Tape

C). The Liquidity Indicator Code and Associated Fees table would
specify that orders that yield liquidity indicator code Ac would
receive a rebate of $0.0021 per share in securities priced at or above
$1.00 and 0.10% of the transaction's dollar value in securities priced
below $1.00.
     Liquidity indicator code Ap, Adds Liquidity and Executes
at the Midpoint, Non-Displayed Midpoint Peg Order (All Tapes). The
Liquidity Indicator Code and Associated Fees table would specify that
orders that yield liquidity indicator code Ap would receive a rebate of
$0.0021 per share in securities priced at or above $1.00 and 0.10% of
the transaction's dollar value in securities priced below $1.00.
     Liquidity indicator code Ar, Retail Order, Adds Liquidity,
Non-Displayed Order (All Tapes). The Liquidity Indicator Code and
Associated Fees table would specify that orders that yield liquidity
indicator code Ar would receive a rebate of $0.0021 per share in
securities priced at or above $1.00 and 0.10% of the transaction's
dollar value in securities priced below $1.00.
     Liquidity indicator code RA, Removes Liquidity, Displayed
Order (Tape A). The Liquidity Indicator Code and Associated Fees table
would specify that orders that yield liquidity indicator code RA would
be subject to a fee of $0.0029 per share in securities priced at or
above $1.00 and 0.20% of the transaction's dollar value in securities
priced below $1.00.
     Liquidity indicator code RB, Removes Liquidity, Displayed
Order (Tape B). The Liquidity Indicator Code and Associated Fees table
would specify that orders that yield liquidity indicator code RB would
be subject to a fee of $0.0029 per share in securities priced at or
above $1.00 and 0.20% of the transaction's dollar value in securities
priced below $1.00.
     Liquidity indicator code RC, Removes Liquidity, Displayed
Order (Tape C). The Liquidity Indicator Code and Associated Fees table
would specify that orders that yield liquidity indicator code RC would
be subject to a fee of $0.0029 per share in securities priced at or
above $1.00 and 0.20% of the transaction's dollar value in securities
priced below $1.00.
     Liquidity indicator code RR, Retail Order, Removes
Liquidity, Displayed Order (All Tapes). The Liquidity Indicator Code
and Associated Fees table would specify that orders that yield
liquidity indicator code RR would be subject to a fee of $0.0029 per
share in securities priced at or above $1.00 and 0.20% of the
transaction's dollar value in securities priced below $1.00.
     Liquidity indicator code Ra, Removes Liquidity, Non-
Displayed Order (Tape A). The Liquidity Indicator Code and Associated
Fees table would specify that orders that yield liquidity indicator
code Ra would be subject to a fee of $0.0029 per share in securities
priced at or above $1.00 and 0.20% of the transaction's dollar value in
securities priced below $1.00.
     Liquidity indicator code Rb, Removes Liquidity, Non-
Displayed Order (Tape B). The Liquidity Indicator Code and Associated
Fees table would specify that orders that yield liquidity indicator
code Rb would be subject to a fee of $0.0029 per share in securities
priced at or above $1.00 and 0.20% of the transaction's dollar value in
securities priced below $1.00.
     Liquidity indicator code Rc, Removes Liquidity, Non-
Displayed Order (Tape C). The Liquidity Indicator Code and Associated
Fees table would specify that orders that yield liquidity indicator
code Rc would be subject to a fee of $0.0029 per share in securities
priced at or above $1.00 and 0.20% of the transaction's dollar value in
securities priced below $1.00.
     Liquidity indicator code Rr, Retail Order, Removes
Liquidity, Non-Displayed Order (All Tapes). The Liquidity Indicator
Code and Associated Fees table would specify that orders that yield
liquidity indicator code Rr would be subject to a fee of $0.0029 per
share in securities priced at or above $1.00 and 0.20% of the
transaction's dollar value in securities priced below $1.00.
Implementation
    The Exchange proposes to implement the changes to the Fee Schedule
pursuant to this proposal on September 1, 2022.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \8\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \9\ in particular, in that
it is an equitable allocation of reasonable fees and other charges
among its Equity 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) \10\ requirements
that the rules of an exchange be designed to prevent fraudulent and
manipulative acts and practices, and to promote just and equitable
principles of trade, 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange operates in a highly fragmented and competitive market
in which market participants can readily direct their order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of sixteen registered equities exchanges, and
there are a number of alternative trading systems and other off-
exchange venues, to which market participants may direct their order
flow. Based on publicly available information, no single registered
equities exchange currently has more than approximately 15-16% of the
total market share of executed volume of equities trading.\11\ Thus, in
such a low-concentrated and highly competitive market, no single
equities exchange possesses significant pricing power in the execution
of order flow, and the Exchange currently represents approximately 1%
of the overall market share.\12\ The Commission and the courts have
repeatedly expressed their preference for competition over regulatory
intervention in determining prices, products, and services in the
securities markets. In Regulation NMS, the Commission highlighted the
importance of market forces in determining prices and SRO revenues and
also recognized that current regulation of the market system ``has been
remarkably successful in promoting market competition in its broader
forms that are most important to investors and listed companies.'' \13\
---------------------------------------------------------------------------

    \11\ See ``The Market at a Glance,'' available at https://www.miaxoptions.com/ (last visited August 30, 2022).
    \12\ See id.
    \13\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37499 (June 29, 2005).
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow or reduce use of certain categories of products, in
response to new or different pricing structures being introduced into
the market. Accordingly, competitive forces constrain the Exchange's
transaction fees and rebates, and market participants can readily trade
on

competing venues if they deem pricing levels at those other venues to
be more favorable. The Exchange believes the proposal reflects a
reasonable and competitive pricing structure designed to incentivize
market participants to direct their order flow to the Exchange, which
the Exchange believes would enhance liquidity and market quality to the
benefit of all Members and market participants.
    The Exchange believes that the proposed increased rebate for
executions of all orders in securities priced below $1.00 per share
that add displayed and non-displayed liquidity to the Exchange is
reasonable, equitable, and non-discriminatory because it would further
incentivize Equity Members to submit displayed and non-displayed
liquidity-adding orders in sub-dollar securities to the Exchange. The
Exchange believes that this would deepen liquidity and promote price
discovery in such securities to the benefit of all Equity Members, and
such rebates would continue to apply equally to all Equity Members. The
Exchange further believes that the proposed increased rebate is
reasonable because at least one other exchange provides rebates for
executions of liquidity-adding orders in sub-dollar securities that are
lower than, equal to, and higher than the proposed rebate.\14\
---------------------------------------------------------------------------

    \14\ See supra note 5; see also NYSE Arca Equities Fee Schedule,
III. Standard Rates--Transactions, available at https://www.nyse.com/markets/nyse-arca/trading-info#trading-fees (last
visited August 30, 2022) (providing a standard rebate of 0.0% of the
total dollar value of the transaction for liquidity-adding
transactions in securities priced below $1.00 per share, and tiered
rebates for such transactions ranging from 0.05% to 0.15% of the
total dollar value of the transaction based on a participant
achieving certain volume thresholds).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change to increase the
standard fee for executions of all orders in securities priced below
$1.00 per share that remove liquidity from the Exchange is reasonable,
equitable, and consistent with the Act because such a change is
designed to generate additional revenue and decrease the Exchange's
expenditures with respect to transaction pricing in order to offset
some of the costs associated with the various rebates provided by the
Exchange for liquidity-adding orders and the Exchange's operations
generally, in a manner that is consistent with the Exchange's overall
pricing philosophy of encouraging added liquidity, as described above.
The Exchange also believes the proposed increased standard fee for
executions of all orders in securities priced below $1.00 per share
that remove liquidity is reasonable and not unfairly discriminatory
because it represents a modest increase from the current standard fee.
Further, even with the proposed increase, the Exchange's standard fee
for executions of all orders in securities priced below $1.00 per share
that remove liquidity remains lower than, or similar to, the standard
fee to remove liquidity in securities priced below $1.00 per share
charged by competing equities exchanges.\15\ The Exchange further
believes that the proposal to increase the standard fee for executions
of all orders in securities priced below $1.00 per share that remove
liquidity from the Exchange is equitably allocated and not unfairly
discriminatory because it will apply to all Equity Members.
---------------------------------------------------------------------------

    \15\ See supra note 7; see also Cboe EDGX Equities Fee Schedule,
Standard Rates, available at https://www.cboe.com/us/equities/membership/fee_schedule/edgx/ (last visited August 30, 2022)
(charging a standard fee of 0.30% of the dollar value to remove
liquidity in securities priced below $1.00 per share).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed changes will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act. The Exchange believes the proposed changes
would encourage Equity Members to maintain or increase their order flow
to the Exchange, thereby contributing to a deeper and more liquid
market to the benefit of all market participants and enhancing the
attractiveness of the Exchange as a trading venue. As a result, the
Exchange believes the proposal would enhance its competitiveness as a
market that attracts actionable orders, thereby making it a more
desirable destination venue for its customers. For these reasons, the
Exchange believes that the proposal furthers the Commission's goal in
adopting Regulation NMS of fostering competition among orders, which
promotes ``more efficient pricing of individual stocks for all types of
orders, large and small.'' \16\
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 47396 (June 29, 2005).
---------------------------------------------------------------------------

Intramarket Competition
    As discussed above, the Exchange believes that the proposal would
incentivize Equity Members to submit additional order flow, including
displayed and non-displayed added liquidity in sub-dollar securities to
the Exchange, thereby promoting price discovery and enhancing liquidity
and market quality on the Exchange to the benefit of all Equity
Members. Additionally, the Exchange believes this will enhance the
attractiveness of the Exchange as a trading venue, which the Exchange
believes, in turn, would continue to encourage market participants to
direct additional order flow to the Exchange. Greater liquidity
benefits all Equity Members by providing more trading opportunities and
encourages Equity Members to send additional orders to the Exchange,
thereby contributing to robust levels of liquidity, which benefits all
market participants.
    The Exchange believes that the proposed change to increase the
standard fee for executions of all orders in securities priced below
$1.00 per share that remove liquidity from the Exchange will not impose
any burden on intramarket competition because it represents a modest
increase from the current standard fee and remains lower than, or
similar to, the standard fee to remove liquidity in securities priced
below $1.00 per share charged by competing equities exchanges.\17\
Further, the proposed increased standard removal fee will apply to all
Equity Members. For the foregoing reasons, the Exchange believes the
proposed changes would not impose any burden on intramarket competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \17\ See supra notes 7 and 15.
---------------------------------------------------------------------------

Intermarket Competition
    The Exchange believes its proposal will benefit competition as the
Exchange operates in a highly competitive market. Equity Members have
numerous alternative venues they may participate on and direct their
order flow to, including fifteen other equities exchanges and numerous
alternative trading systems and other off-exchange venues. As noted
above, no single registered equities exchange currently has more than
15-16% of the total market share of executed volume of equities
trading. Thus, in such a low-concentrated and highly competitive
market, no single equities exchange possesses significant pricing power
in the execution of order flow. Moreover, the Exchange believes that
the ever-shifting market share among the exchanges from month to month
demonstrates that market participants can shift order flow in response
to new or different pricing structures being introduced to the market.
Accordingly, competitive forces constrain the Exchange's transaction
fees and rebates generally, including with respect to executions of all
orders in securities priced below $1.00 per share that

remove liquidity from the Exchange, and market participants can readily
choose to send their orders to other exchanges and off-exchange venues
if they deem fee levels at those other venues to be more favorable.
    As described above, the proposed changes are competitive proposals
through which the Exchange is seeking to encourage additional order
flow to the Exchange and to generate additional revenue to offset some
of the costs associated with the Exchange's current pricing structure
and its operations generally, and such proposed rates are comparable
to, and competitive with, rates charged by other exchanges.\18\
---------------------------------------------------------------------------

    \18\ See supra notes 5, 7, 14 and 15.
---------------------------------------------------------------------------

    Additionally, the Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. Specifically,
in Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \19\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. Securities and Exchange Commission, the D.C.
circuit stated: ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their routing agents, have a wide range of choices of where to
route orders for execution'; [and] `no exchange can afford to take its
market share percentages for granted' because `no exchange possess a
monopoly, regulatory or otherwise, in the execution of order flow from
broker dealers' . . .''.\20\ Accordingly, the Exchange does not believe
its proposed pricing changes impose any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \19\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \20\ See NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSE-2006-21)).
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\21\ and Rule 19b-4(f)(2) \22\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \22\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-PEARL-2022-36 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-PEARL-2022-36. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-PEARL-2022-36 and should be submitted on
or before October 7, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-20038 Filed 9-15-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Notices]
[Pages 18013-18014]
[FR Doc No: 2022-06567]

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

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: EC22-47-000.
    Applicants: Berkshire Hathaway Inc.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Berkshire Hathaway Inc.
    Filed Date: 3/21/22.
    Accession Number: 20220321-5202.
    Comment Date: 5 p.m. ET 4/11/22.

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

    Docket Numbers: EG22-71-000.
    Applicants: Powell River Energy Inc.
    Description: Powell River Energy Inc. submit Notice of Self-
Certification Exempt Wholesale Generator Status.
    Filed Date: 3/23/22.
    Accession Number: 20220323-5048.
    Comment Date: 5 p.m. ET 4/13/22.

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

    Docket Numbers: ER17-1368-001; ER17-1669-001; ER18-1237-000; ER19-
318-001.
    Applicants: Cleco Power LLC, Cleco Power LLC, Cleco Power LLC,
Cleco Power LLC.
    Description: Midcontinent Independent System Operator, Inc. submits
Compliance Refund Report Associated with Teche 3 System Support
Resource Agreements.
    Filed Date: 3/18/22.
    Accession Number: 20220318-5194.
    Comment Date: 5 p.m. ET 4/8/22.

    Docket Numbers: ER17-2515-007.
    Applicants: Chambers Cogeneration, Limited Partnership.
    Description: Compliance filing: Response to Deficiency Letter to be
effective N/A.
    Filed Date: 3/23/22.
    Accession Number: 20220323-5144.
    Comment Date: 5 p.m. ET 4/13/22.

    Docket Numbers: ER22-59-000.
    Applicants: Navajo Tribal Utility Authority.
    Description: Amendment to October 6, 2021 Petition for Limited
Waiver of Navajo Tribal Utility Authority.
    Filed Date: 3/4/22.
    Accession Number: 20220304-5296.
    Comment Date: 5 p.m. ET 3/25/22.

    Docket Numbers: ER22-1205-000.
    Applicants: Evergy Kansas Central, Inc.
    Description: Formal Challenge of Kansas Transmission Customers to
March 7, 2022 Annual Informational Filing by Evergy Kansas Central,
Inc.
    Filed Date: 3/22/22.
    Accession Number: 20220322-5196.
    Comment Date: 5 p.m. ET 4/21/22.

    Docket Numbers: ER22-1412-000.
    Applicants: Liberty County Solar Project, LLC.
    Description: Request for Limited Tariff Waiver, et al. of Liberty
County Solar Project, LLC.
    Filed Date: 3/21/22.
    Accession Number: 20220321-5136.
    Comment Date: 5 p.m. ET 4/11/22.

    Docket Numbers: ER22-1430-000.
    Applicants: Alabama Power Company, Georgia Power Company,
Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: Alabama Power Company
submits tariff filing per 35.13(a)(2)(iii: EDF Renewables Development
(Lightyear Solar) LGIA Filing to be effective 3/9/2022.
    Filed Date: 3/23/22.
    Accession Number: 20220323-5090.
    Comment Date: 5 p.m. ET 4/13/22.

    Docket Numbers: ER22-1431-000.
    Applicants: California Independent System Operator Corporation.
    Description: Sec.  205(d) Rate Filing: 2022-03-23 Reliability
Demand Response Resource (RDRR) Enhancements to be effective 12/31/
9998.
    Filed Date: 3/23/22.
    Accession Number: 20220323-5091.
    Comment Date: 5 p.m. ET 4/13/22.

    Docket Numbers: ER22-1432-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: OATT--Time Zone
Synchronization to be effective 5/23/2022.
    Filed Date: 3/23/22.
    Accession Number: 20220323-5104.
    Comment Date: 5 p.m. ET 4/13/22.

    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 or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings

can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: March 23, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-06567 Filed 3-28-22; 8:45 am]
BILLING CODE 6717-01-P