[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Pages 22495-22498]
[FR Doc No: 2023-07736]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97268; File No. SR-MEMX-2023-07]

Self-Regulatory Organizations; MEMX LLC; Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change To Amend the
Exchange's Fee Schedule

April 7, 2023.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 31, 2023, MEMX LLC (``MEMX'' or the ``Exchange'')
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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange is filing with the Commission a proposed rule change
to amend the Exchange's fee schedule applicable to Members \4\ (the
``Fee Schedule'') pursuant to Exchange Rules 15.1(a) and (c). The
Exchange proposes to implement the changes to the Fee Schedule pursuant
to this proposal on April 3, 2023. The text of the proposed rule change
is provided in Exhibit 5.
---------------------------------------------------------------------------

    \4\ See Exchange Rule 1.5(p).
---------------------------------------------------------------------------

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

1. Purpose
    The purpose of the proposed rule change is to amend the Fee
Schedule to modify the required criteria under NBBO Setter/Joiner Tier
1.
    The Exchange first notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 16 registered equities exchanges, as well as 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 16% of the total market share of
executed volume of equities trading.\5\ 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 3% of the overall
market share.\6\ The Exchange in particular operates a ``Maker-Taker''
model whereby it provides rebates to Members that add liquidity to the
Exchange and charges fees to Members that remove liquidity from the
Exchange. The Fee Schedule sets forth the standard rebates and fees
applied per share for orders that add and remove liquidity,
respectively. Additionally, in response to the competitive environment,
the Exchange also offers tiered pricing, which provides Members with
opportunities to qualify for higher rebates or lower fees where certain
volume criteria and thresholds are met. Tiered pricing provides an
incremental incentive for Members to strive for higher tier levels,
which provides increasingly higher benefits or discounts for satisfying
increasingly more stringent criteria.
---------------------------------------------------------------------------

    \5\ Market share percentage calculated as of March 30, 2023. The
Exchange receives and processes data made available through
consolidated data feeds (i.e., CTS and UTDF).
    \6\ Id.
---------------------------------------------------------------------------

    The Exchange currently offers NBBO Setter/Joiner Tiers 1-2 under
which a Member may receive an additive rebate for a qualifying Member's
executions of Added Displayed Volume (other than Retail Orders) that
establish the NBBO (such orders, ``Setter Volume'') and executions of
Added Displayed Volume

(other than Retail Orders) that establish a new best bid or offer on
the Exchange that matches the NBBO first established on an away market
(such orders, ``Joiner Volume''). With respect to NBBO Setter/Joiner
Tier 1, the Exchange currently provides an additive rebate of $0.0004
per share for executions of Setter Volume and Joiner Volume for Members
that qualify for such tier by achieving: (1) an ADAV \7\ with respect
to orders with Fee Code B \8\ that is equal to or greater than 0.10% of
the TCV; \9\ or (2) an ADAV with respect to orders with Fee Code B that
is equal to or greater than 10,000,000 shares.\10\ The Exchange now
proposes to modify the required criteria such that a Member would now
qualify for such tier by achieving an ADAV with respect to orders with
Fee Code B that is equal to or greater than 0.10% of the TCV. Thus,
such proposed change would keep the first of such two alternative
criteria intact and eliminate the second of such criteria. The Exchange
notes that no Members are presently achieving the second of such
criteria, and as such, the Exchange does not believe that the proposed
elimination of such criteria will have a significant impact on any
Member's trading behavior on the Exchange. The Exchange therefore no
longer wishes to, nor is it required to, maintain such criteria. The
Exchange believes that the additive rebate for executions of Setter
Volume and Joiner Volume provided under NBBO Setter/Joiner Tier 1,
which the Exchange is not proposing to change with this proposal,
remains commensurate with the required criteria under such tier, as
modified, and is reasonably related to the market quality benefits that
such tier is designed to achieve.
---------------------------------------------------------------------------

    \7\ As set forth on the Fee Schedule, ``ADAV'' means the average
daily added volume calculated as the number of shares added per day,
which is calculated on a monthly basis.
    \8\ The Exchange notes that orders with Fee Code B include
orders, other than Retail Orders, that establish the NBBO.
    \9\ As set forth on the Fee Schedule, ``TCV'' means total
consolidated volume calculated as the volume reported by all
exchanges and trade reporting facilities to a consolidated
transaction reporting plan for the month for which the fees apply.
    \10\ The pricing for NBBO Setter/Joiner Tier 1 is referred to by
the Exchange on the Fee Schedule under the existing description
``NBBO Setter/Joiner Tier 1'' with a Fee Code of S1 to be appended
to the otherwise applicable Fee Code assigned by the Exchange on the
monthly invoices for qualifying executions.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\11\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\12\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among its Members and other persons using its facilities
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    As discussed above, the Exchange operates in a highly fragmented
and competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive or incentives to be insufficient, and the
Exchange represents only a small percentage of the overall market. 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\
---------------------------------------------------------------------------

    \13\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 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 discontinue to 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 that the proposed change to modify NBBO
Setter/Joiner Tier 1 to remove the alternative criteria based on an
ADAV threshold that is expressed as a number of shares is reasonable
because it would simply remove one of two alternative criteria
applicable to such Tier. The Exchange believes that the additive rebate
for executions of Setter Volume and Joiner Volume provided under NBBO
Setter/Joiner Tier 1, which the Exchange is not proposing to change
with this proposal, remains commensurate with the required criteria
under such tier, as modified, and is reasonably related to the market
quality benefits that such tier is designed to achieve. The Exchange
also believes the additive rebate for executions of Setter Volume and
Joiner Volume provided under NBBO Setter/Joiner Tier 1 remains
equitable and not unfairly discriminatory, as such additive rebate will
continue to apply equally to all qualifying Members.
    The Exchange notes that volume-based incentives and discounts (such
as tiers) have been widely adopted by exchanges (including the
Exchange), and are reasonable, equitable and not unfairly
discriminatory because they are open to all members on an equal basis
and provide additional benefits or discounts that are reasonably
related to the value to an exchange's market quality associated with
higher levels of market activity, such as higher levels of liquidity
provision and/or growth patterns, and the introduction of higher
volumes of orders into the price and volume discovery process. The
Exchange believes that NBBO Setter/Joiner Tier 1, as modified by the
change proposed herein, is reasonable, equitable and not unfairly
discriminatory for these same reasons, as such tier would continue to
provide Members with an incentive to achieve certain volume thresholds
on the Exchange, is available to all Members on an equal basis, and, as
described above, is reasonably designed to encourage Members to
maintain or increase their order flow, including in the form of
liquidity-adding volume under the required criteria to the Exchange,
which the Exchange believes would promote price discovery, enhance
liquidity and market quality, and contribute to a more robust and well-
balanced market ecosystem on the Exchange to the benefit of all Members
and market participants.
    For the reasons discussed above, the Exchange submits that the
proposal satisfies the requirements of Sections 6(b)(4) and 6(b)(5) of
the Act \14\ in that it provides for the equitable allocation of
reasonable dues, fees and other charges among its Members and other
persons using its facilities and is not designed to unfairly
discriminate between customers, issuers, brokers, or dealers. As
described more fully below in the Exchange's statement regarding the
burden on competition, the Exchange believes that its transaction
pricing is subject to significant competitive forces, and that the
proposed fees and rebates described herein are appropriate to address
such forces.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b)(4) and (5).

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

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

    The Exchange does not believe that the proposal will result in any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Instead, as discussed above,
the proposal is intended to make a minor modification to the criteria
applicable to an existing tier that is intended to incentivize market
participants to direct additional order flow to the Exchange, which the
Exchange believes would promote price discovery and enhance liquidity
and market quality on the Exchange to the benefit of all Members and
market participants. The Exchange further 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.'' \15\
---------------------------------------------------------------------------

    \15\ See supra note 12.
---------------------------------------------------------------------------

Intramarket Competition
    As discussed above, the proposal would make a minor modification to
the criteria applicable to an existing tier in a manner that is still
consistent with the Exchange's overall pricing philosophy of
encouraging displayed liquidity, thereby enhancing liquidity and market
quality on the Exchange to the benefit of all Members, as well as
enhancing the attractiveness of the Exchange as a trading venue, which
the Exchange believes, in turn, would continue to encourage market
participants to continue to direct order flow, or direct additional
order flow, to the Exchange. Greater liquidity benefits all Members by
providing more trading opportunities and encourages Members to send
additional orders to the Exchange, thereby contributing to robust
levels of liquidity, which benefits all market participants.
    The Exchange does not believe that the proposed changes to modify
the criteria applicable to NBBO Setter/Joiner Tier 1 would impose any
burden on intramarket competition because such change will apply to all
Members uniformly, in that the proposed rebate for such executions
would remain unchanged and applicable to all qualifying Members, and
the opportunity to qualify for the enhanced rebate is available to all
Members. As noted above, no Members are presently achieving the
criteria that is proposed to be deleted, and as such, the Exchange does
not believe that the proposed elimination of such criteria will have a
significant impact on any Member's trading behavior on the Exchange. As
described above, the Exchange believes that the required criteria under
NBBO Setter/Joiner Tier 1, as modified, remains commensurate with the
corresponding rebate under such tier and are reasonably related to the
enhanced liquidity and market quality that such tier is designed to
promote. 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.
Intermarket Competition
    As noted above, the Exchange operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. Members have numerous
alternative venues that they may participate on and direct their order
flow to, including 15 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
approximately 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 or discontinue to 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 choose
to send their orders to other exchange and off-exchange venues if they
deem fee levels at those other venues to be more favorable. As
described above, the proposed change represents a minor modification to
the criteria applicable to an existing tier that is intended to
incentivize market participants to direct order flow to the Exchange
through a volume-based tier, which have been widely adopted by
exchanges, including the Exchange.
    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.'' \16\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. SEC, the D.C. Circuit stated as follows:
``[n]o one disputes that competition for order flow is `fierce.' . . .
As the SEC explained, `[i]n the U.S. national market system, buyers and
sellers of securities, and the broker-dealers that act as their order-
routing agents, have a wide range of choices of where to route orders
for execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .''.\17\ Accordingly, the Exchange does not believe its
proposed pricing change imposes any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \16\ See supra note 12.
    \17\ 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

    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)(ii) of the Act \18\ and Rule 19b-4(f)(2) \19\ thereunder.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \19\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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 change should be approved or
disapproved.

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-MEMX-2023-07 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-MEMX-2023-07. This file
number should be included in 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 Section, 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-MEMX-2023-07 and should be submitted on
or before May 4, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-07736 Filed 4-12-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 8, 2010 (Volume 75, Number 173)]
[Notices]
[Page 54616-54617]
[DOCID:fr08se10-63]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

August 31, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-1113-000.
    Applicants: PetroLogistics Natural Gas Storage, LLC.
    Description: PetroLogistics Natural Gas Storage, LLC submits First
Revised Sheet No. 13 et al. to FERC Gas Tariff, Original Volume No. 1,
to be effective 9/27/2010.
    Filed Date: 08/27/2010.
    Accession Number: 20100830-0201.
    Comment Date: 5 p.m. Eastern Time on Wednesday, September 08, 2010.

    Docket Numbers: RP10-1116-000.
    Applicants: Steckman Ridge, LP.
    Description: Steckman Ridge, LP submits tariff filing per 154.204:
Order No. 587-U Compliance Filing to be effective 11/1/2010.
    Filed Date: 08/30/2010.
    Accession Number: 20100830-5105.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.

    Docket Numbers: RP10-1117-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Texas Eastern Transmission, LP submits Order No. 587-U
Compliance Filing of its FERC Gas Tariff, Eight Revised Volume No. 1,
to be effective 11/1/2010.
    Filed Date: 08/30/2010.
    Accession Number: 20100830-5115.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.

    Docket Numbers: RP10-1118-000.
    Applicants: Algonquin Gas Transmission, LLC.

    Description: Algonquin Gas Transmission, LLC submits their tariff
filing per to Order No. 587-U Compliance Filing, to be effective 11/1/
2010.
    Filed Date: 08/30/2010.
    Accession Number: 20100830-5120.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.

    Docket Numbers: RP10-1119-000.
    Applicants: National Fuel Gas Supply Corporation.
    Description: National Fuel Gas Supply Corporation submits tariff
filing per 154.203: National Fuel Baseline to be effective 8/30/2010.
    Filed Date: 08/30/2010.
    Accession Number: 20100830-5125.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.

    Docket Numbers: RP10-1120-000.
    Applicants: Egan Hub Storage, LLC.
    Description: Egan Hub Storage, LLC submits tariff filing per
154.204: Order No. 587-U Compliance Filing to be effective 11/1/2010.
    Filed Date: 08/30/2010.
    Accession Number: 20100830-5126.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.

    Docket Numbers: RP10-1121-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: East Tennessee Natural Gas, LLC submits tariff filing
per 154.204: Order No. 587-U Compliance Filing to be effective 11/1/
2010.
    Filed Date: 08/30/2010.
    Accession Number: 20100830-5127.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.

    Docket Numbers: RP10-1122-000.
    Applicants: Saltville Gas Storage Company LLC.
    Description: Saltville Gas Storage Company LLC submits tariff
filing per 154.204: Order No. 587-U Compliance Filing to be effective
11/1/2010.
    Filed Date: 08/30/2010.
    Accession Number: 20100830-5128.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.

    Docket Numbers: RP10-1123-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Gulf Crossing Pipeline Company LLC submits tariff
filing per 154.204: 2010 ACA to be effective 10/1/2010.
    Filed Date: 08/31/2010.
    Accession Number: 20100831-5021.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.

    Docket Numbers: RP10-1124-000.
    Applicants: Stingray Pipeline Company, LLC.
    Description: Stingray Pipeline Company, LLC submits tariff filing
per 154.203: Order 587-U Compliance to be effective 11/1/2010.
    Filed Date: 08/31/2010.
    Accession Number: 20100831-5026.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.

    Docket Numbers: RP10-1125-000.
    Applicants: Enbridge Offshore Pipelines (UTOS) LLC.
    Description: Enbridge Offshore Pipelines (UTOS) LLC submits tariff
filing per 154.203: Order 587-U Compliance to be effective 11/1/2010.
    Filed Date: 08/31/2010.
    Accession Number: 20100831-5027.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.

    Docket Numbers: RP10-1126-000.
    Applicants: National Fuel Gas Supply Corporation.
    Description: National Fuel Gas Supply Corporation submits tariff
filing per 154.203: IG Rate 08-31-10 to be effective 9/1/2010.
    Filed Date: 08/31/2010.
    Accession Number: 20100831-5029.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.

    Docket Numbers: RP10-1127-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
tariff filing per 154.203: Delta Lateral Project Compliance with Docket
No. CP09-237 to be effective 10/1/2010.
    Filed Date: 08/31/2010.
    Accession Number: 20100831-5038.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.

    Docket Numbers: RP10-1128-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
tariff filing per 154.203: RP01-245-031 Compliance (Station 85 Pooling)
to be effective 10/1/2010.
    Filed Date: 08/31/2010.
    Accession Number: 20100831-5046.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.

    Docket Numbers: RP10-1129-000.
    Applicants: White River Hub, LLC.
    Description: White River Hub, LLC submits tariff filing per
154.402: ACA 2010 to be effective 10/1/2010 under RP10-01129-000 Filing
Type: 630.
    Filed Date: 08/31/2010.
    Accession Number: 20100831-5069.
    Comment Date: 5 p.m. Eastern Time on Monday, September 13, 2010.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-22256 Filed 9-7-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Proposed Rules]
[Page 58563-58565]
[DOCID:fr16oc07-25]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-29100; Airspace Docket No. 07-AAL-16]

Proposed Revision of Class E Airspace; Soldotna, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This action proposes to revise Class E airspace at Soldotna,
AK. Two new Standard Instrument Approach Procedures (SIAPs) are being
developed for the Soldotna Airport at Soldotna, AK. Adoption of this
proposal would result in revision of existing Class E airspace upward,
from 700 feet (ft.) and 1,200 ft. above the surface, at the Soldotna
Airport, Soldotna, AK.

DATES: Comments must be received on or before November 30, 2007.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2007-29100/Airspace
Docket No. 07-AAL-16, at the beginning of your comments. You may also
submit comments on the Internet at http://www.regulations.gov. You may

review the public docket containing the proposal, any comments
received, and any final disposition in person in the Dockets Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Office (telephone 1-800-647-5527) is on the plaza
level of the Department of Transportation NASSIF Building at the above
address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking

by submitting such written data, views, or arguments as they may
desire. Comments that provide the factual basis supporting the views
and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2007-29100/
Airspace Docket No. 07-AAL-16.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of Notice of Proposed Rulemaking's (NPRM's)

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov Recently published rulemaking documents can also be accessed through the FAA's Web page at http://.

www.faa.gov or the Superintendent of Document's Web page at http://www.access.gpo.gov/nara/index.html
.

    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling<PHONE_NUMBER>. Communications must
identify both docket numbers for this notice. Persons interested in
being placed on a mailing list for future NPRM's should contact the
FAA's Office of Rulemaking,<PHONE_NUMBER>, to request a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.

The Proposal

    The FAA is considering an amendment to the Code of Federal
Regulations (14 CFR Part 71), which would revise the Class E airspace
at the Soldotna Airport, in Soldotna, AK. The intended effect of this
proposal is to revise Class E airspace upward, from 700 ft. and 1,200
ft. above the surface, to contain Instrument Flight Rules (IFR)
operations at Soldotna Airport, AK.
    The FAA Instrument Flight Procedures Production and Maintenance
Branch has developed two new SIAPs for the Soldotna Airport. The new
approaches are (1) the Area Navigation (RNAV) Global Positioning System
(GPS) RWY 07, Original (Orig) and (2) the RNAV (GPS) RWY 25, Orig.
Class E controlled airspace extending upward, from 700 ft. and 1,200
ft. above the surface, in the Soldotna Airport area would be revised by
this action. The proposed airspace is sufficient in size to contain
aircraft executing the instrument procedures at the Soldotna Airport,
Soldotna, AK.
    The area would be depicted on aeronautical charts for pilot
reference. The coordinates for this airspace docket are based on North
American Datum 83. The Class E airspace areas designated as 700/1200
foot transition areas are published in paragraph 6005 in FAA Order
7400.9R, Airspace Designations and Reporting Points, signed August 15,
2007, and effective September 15, 2007, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document would be published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore --(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to create Class E airspace sufficient in size to contain
aircraft executing instrument procedures at Soldotna Airport and
represents the FAA's continuing effort to safely and efficiently use
the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9R, Airspace Designations and
Reporting Points, signed August 15, 2007, and effective September 15,
2007, is to be amended as follows:

* * * * *

Paragraph 6005 Class E Airspace Extending Upward from 700 feet or
More Above the Surface of the Earth.

* * * * *

AAL AK E5 Soldotna, AK [Revised]

Soldotna, Soldotna Airport, AK
    (Lat. 60[deg]28'30'' N., long. 151[deg]02'17''W.)
Soldotna NDB
    (Lat. 60[deg]28'30'' N., long. 150[deg]52'44''W.)

    That airspace extending upward from 700 feet above the surface
within a 10.1-mile radius of the Soldotna Airport and within 4 miles
either side of the 270 bearing of the Soldotna NDB, AK, extending
from the 10.1-mile radius to 21 miles west of the Soldotna Airport,
AK, and within 4.6 miles north and 4 miles south of the 090 bearing
of the

Soldotna NDB, AK, extending from the 10.1-mile radius to 14.3 miles
east of the Soldotna Airport, AK; and that airspace extending upward
from 1,200 feet above the surface within a 73-mile radius of the
Soldotna Airport.
* * * * *

    Issued in Anchorage, AK, on October 5, 2007.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E7-20308 Filed 10-15-07; 8:45 am]

BILLING CODE 4910-13-P