[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Notices]
[Pages 52751-52752]
[FR Doc No: 2015-21631]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9933-36--Region 1]

Notice of a Re-Opening of the Public Comment Period on Select
Sections of the Draft Small Municipal Separate Storm Sewer System (MS4)
NPDES General Permit--New Hampshire

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of reopening of a public comment period.

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SUMMARY: The Director of the Office of Ecosystem Protection, EPA-New
England, is reopening the public comment period for certain provisions
of the draft National Pollutant Discharge Elimination System (NPDES)
general permit for discharges from small Municipal Separate Storm Sewer
Systems (MS4s) to certain waters of the State of New Hampshire,
originally released as draft February 12, 2013. The reopened comment
period applies to the following sections only: Section 2.1.1, Section
2.2 (including all subsections) and Section 2.3.6 (including all
subsections), Appendix F (excluding attachments) and Appendix H
(excluding attachments). The reopening of this notice is pursuant to 40
CFR 124.14.

DATES: Comment on the draft general permits must be received on or
before November 2, 2015.
    Any interested person may file a written response to material filed
by any other person during this comment period. These must be received
November 20, 2015.
    Public Hearing Information: EPA will hold a public hearing, if
necessary, in accordance with 40 CFR 124.12 and will provide interested
parties with the opportunity to provide written and/or oral comments
for the official administrative record.

ADDRESSES: Comments on the modified sections of the draft general
permits shall be submitted by one of the following methods:
    (1) Email<EMAIL_ADDRESS>or
    (2) Mail: Newton Tedder, US EPA--Region 1, 5 Post Office Square--
Suite 100, Mail Code OEP06-4, Boston, MA 02109-3912
    No facsimiles (faxes) will be accepted.
    The draft permit is based on an administrative record available for
public review at EPA--Region 1, Office of Ecosystem Protection, 5 Post
Office Square--Suite 100, Boston, Massachusetts 02109-3912. A
reasonable fee may be charged for copying requests. The statement of
basis for the modified sections of the draft general permit sets forth
principal facts and the significant factual, legal, methodological and
policy questions considered in the development of these sections of the
draft permit and is available upon request. A brief summary is provided
as SUPPLEMENTARY INFORMATION below.

FOR FURTHER INFORMATION CONTACT: Additional information concerning the
draft General Permits may be obtained between the hours of 9 a.m. and 5
p.m. Monday through Friday, excluding holidays, from Newton Tedder,
Office of Ecosystem Protection, 5 Post Office Square--Suite 100,
Boston, MA 02109-3912; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: All NPDES permits must be consistent with
applicable state water quality standards and regulations. Since the
release of the original draft general permit, NHDES has made changes to
their water quality standards. On November 22, 2014, Env-Wq 1701.03,
``Compliance Schedules in NPDES Permits'' was adopted. The rule allows
for compliance schedules to be included in NPDES permits. EPA has
amended the language in Section 2.1.1, Section 2.2, and Appendix F and
has added specific schedules leading to compliance with water quality
standards consistent with Env-Wq 1701.03 and 40 CFR 122.47.
    Additionally, EPA received numerous comments on Section 2.2 and
Appendix H seeking clarity on the proposed requirements. Accordingly,
EPA has revised Section 2.2 and Appendix H to provide clarity of permit
requirements and certainty on applicability of permit provisions.
    EPA also received multiple comments on Section 2.3.6 seeking
clarification on requirements, closer adherence to state law and a
reduced administrative burden. EPA has revised Section 2.3.6 to address
these comments.
    The proposed language changes to Section 2.1.1, Section 2.2,
Section 2.3.6, Appendix F and Appendix H of the New Hampshire Draft
Small MS4 Permit along with statement of basis for the proposed changes
can be found at http://www.epa.gov/region1/npdes/stormwater/MS4_2013_NH.html. In addition, all comments received on the proposed
language modifications will be posted on the same Web site.
    A comprehensive summary of the basis for the all draft permit
conditions including the applicable statutory and regulatory authority
is included in the original fact sheet to the 2013 draft permit
available at: http://www.epa.gov/region1/npdes/stormwater/nh/2013/

NHMS4-FactSheet-2013-WithAttachments.pdf. EPA will consider and respond
to all significant comments on these reopened sections before taking
final action. All persons, including applicants, who believe any of the
proposed modifications identified in this notice are inappropriate must
raise all reasonably ascertainable issues and submit all reasonably
available arguments supporting their position by the close of the
public comment period. Any supporting material which is submitted shall
be included in full and may not be incorporated by reference, unless
they are already a part of the administrative record in this
proceeding, or consist of State or Federal statutes and regulations,
EPA documents of general applicability, or other generally available
reference materials.

    Authority: This action is being taken under the Clean Water Act,
33 U.S.C. 1251 et seq.

    Dated: August 25, 2015.
Deborah A. Szaro,
Deputy Regional Administrator, Region 1.
[FR Doc. 2015-21631 Filed 8-31-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 13, 2006 (Volume 71, Number 113)]
[Notices]
[Page 34171-34174]
[DOCID:fr13jn06-107]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-27389; File No. 812-13274]

Pruco Life Insurance Company, et al.; Notice of Application

June 6, 2006.
AGENCY: Securities and Exchange Commission (``SEC'' or ``Commission'').

ACTION: Notice of application for an amended order under section 6(c)
of the Investment Company Act of 1940, as amended (the ``Act'')
granting exemptions from the provisions of sections 2(a)(32), 22(c) and
27(i)(2)(A) of the Act and Rule 22c-1 thereunder.

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Applicants: Pruco Life Insurance Company (``Pruco Life''), Pruco Life
Insurance Company of New Jersey (``Pruco Life of New Jersey,'' and
collectively with Pruco Life, the ``Insurance Companies''), Pruco Life
Flexible Premium Variable Annuity Account (``Pruco Life Account'');
Pruco Life of New Jersey Flexible Premium Variable Annuity Account
(``Pruco Life of New Jersey Account,'' and collectively with Pruco Life
Account, the ``Accounts''); and Prudential Investment Management
Services LLC (``PIMS'', and collectively with the Insurance Companies,
and the Accounts ``Applicants'').

Summary of Application: Applicants seek an order amending an existing
order under section 6(c) of the Act, exempting them from section
2(a)(32), 22(c) and 27(i)(2)(A) of the Act and Rule 22c-1 thereunder,
to permit, under specified circumstances, the recapture of certain
credits previously applied to purchase payments made under (1) the
Prudential Premier Variable Annuity X Series (``X Series Contract''),
or (2) variable annuity contracts issued by the Insurance Companies
that are substantial similar in all material respects to the X Series
Contract (``Future Contracts''). Applicants also request that the order
extend to any NASD member broker-dealer controlling, controlled by, or
under common control with the Insurance Companies, whether existing or
created in the future, that serves as a distributor or principal
underwriter of the X Series Contracts offered through the Accounts or
any other separate accounts established in the future by the Insurance
Companies (``Future Accounts'') to support Future Contracts.

Filing Date: The application was filed on January 18, 2006, and amended
on April 5, 2006.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Secretary of the
Commission and serving Applicants with a copy of the request,
personally or by mail. Hearing requests should be received by the
Commission by 5:30 p.m. on July 3, 2006, and should be accompanied by
proof of service on Applicants in the form of an affidavit or, for
lawyers, a certificate of service. Hearing requests should state the
nature of the requester's interest, the reason for the request, and the
issues contested. Persons who wish to be notified of a hearing may
request notification by writing to the Secretary of the Commission.

ADDRESSES: Secretary, SEC, 100 F Street, NE., Washington, DC 20549-
1090. Applicants, c/o The Prudential Insurance Company of America, 213
Washington Street, Newark, NJ 07102-2992, Attn: C. Christopher Sprague,
Esq.

FOR FURTHER INFORMATION CONTACT: Sally Samuel, Senior Counsel, or Joyce
M. Pickholz, Branch Chief, Office of Insurance Products, Division of
Investment Management, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee from
the SEC's Public Reference Branch, 100 F Street, NE., Washington, DC
20549 (tel.<PHONE_NUMBER>).

Applicants' Representations

    1. In Investment Company Act Release Nos. 25999 (April 9, 2003)
(notice) and 26043 (April 30, 2003) (order), the Commission granted an
order (the ``2003 Order'') that permits, under specified circumstances,
the recapture of a 6% bonus payment (a ``Credit'') applied to certain
purchase payments made under deferred variable annuity contracts that
the Insurance Companies issue through the Accounts, as well as
contracts that the Insurance Companies may in the future issue through
the Accounts or any future account. The 2003 Order applied to the
versions of the Strategic Partners Annuity One contract (File Nos. 333-
37728 and 333-49230).
    2. The 2003 Order, in turn, amended a prior exemptive order (the
``2002 Order'') that contemplated the granting, and recapture under
certain circumstances, of a Credit of 3%, 4%, or 5%, depending on the
amount of the purchase payment and the age of the owner. See Investment
Company Act Release Nos. 25660 (July 15, 2002) (notice) and 25695
(August 12, 2002) (order). Applicants wish to leave the 2002 Order and
the 2003 Order intact, thus allowing them to continue to recapture
Credits under the versions of the Strategic Partners Annuity One
contracts.
    3. In this application, Applicants seek an order allowing them to
recapture credits under a new variable annuity contract, the X Series
Contract. Applicants in this application are identical to the
applicants in the 2002 Order and the 2003 Order.
    4. Applicants request that the amended order extend to any NASD
member broker-dealer controlling, controlled by, or under common
control with, the Insurance Companies, whether existing or created in
the future, that serves as a distributor or principal underwriter of
the X Series Contracts offered through the Accounts or any Future
Account (``Broker-Dealers''). Applicants note that the X Series
Contracts will be sold through such Broker-Dealers and also through
broker-dealers that are NASD-registered and not affiliated with the
Insurance Companies or the Broker-Dealers (the ``Unaffiliated Broker-
Dealers''). Each Unaffiliated Broker-Dealer will have entered into a
dealer agreement with PIMS or an affiliate of PIMS prior to offering
the X Series Contracts.
    5. Applicants also request that the amended order sought herein
apply to any other separate account of the Insurance Companies
currently existing that will support any Future Contracts or any Future
Accounts established to support Future Contracts.
    6. The X Series Contracts are flexible premium deferred variable
annuity contracts that are registered on Form N-4 (File Nos. 333-130989
and 333-131035). The minimum initial purchase payment is $10,000, and
any additional purchase payment must be at least $100 (except for
contract owners who participate in certain periodic purchase payment
programs). The maximum issue age for the X Series Contract is 75,
meaning that, for (i) contracts with one owner, the owner must be 75 or
younger (ii) contracts that are jointly-owned, the oldest owner must be
75 or younger, and (iii) for entity-owned contracts, the annuitant must
be 75 or younger.
    7. There are various insurance features under the X Series Contract
and charges associated with those features. There is a 1.55% annual
insurance charge that is deducted daily from the unit value of each
subaccount, consisting of 1.40% for mortality and expense risks and
0.15% for administrative expenses. For X Series Contracts valued less
than $100,000, there is a maintenance fee equal to the lesser of $35
($30 in New York) or 2% of unadjusted account value, which is assessed
annually on the X Series Contract's anniversary date or upon surrender.
The maintenance fee is deducted pro rata from both the variable
investment options and the fixed option under the X Series Contract.
The applicant insurers impose no fee with respect to the first 20
transfers in an annuity year, but after the 20th such transfer,
currently impose a fee of $10 per transfer. There is a contingent
deferred sales charge (``CDSC'') under the X Series Contract, the
amount of which is based on the ``age'' of each purchase payment being
withdrawn. During the first year after a purchase payment is made, the
CDSC is equal to

9%. In subsequent years, the CDSC is as follows: 8.5% in year 2, 8% in
year 3, 7% in year 4, 6% in year 5, 5% in year 6, 4% in year 7, 3% in
year 8, and 2% in year 9. After nine years have elapsed from the date
on which the purchase payment was made, no CDSC is imposed with respect
to that purchase payment. No CDSC is imposed in connection with the
calculation of a death benefit payment. In addition, no CDSC is imposed
on the portion of a withdrawal that can be taken as part of the free
withdrawal feature of the X Series Contract. The free withdrawal amount
available in each annuity year is equal to 10% of the sum of all
purchase payments made during the year and prior to the beginning of
that year, except that (i) only purchase payments that would be subject
to a CDSC are included in that calculation and (ii) a free withdrawal
amount that is not used in a given year cannot be carried over to
future years. For purposes of calculating the CDSC, partial withdrawals
are deemed to be taken first from any free withdrawal amount and
thereafter from purchase payments (on a first-in, first-out basis).
Where permitted by law, an X Series Contract owner may request to
surrender without a CDSC upon the occurrence of a medically-related
contingency event, such as a diagnosis of a fatal illness (a
``Medically-Related Surrender'').
    8. An X Series Contract owner may select one or more of several
optional benefits. The Guaranteed Minimum Income Benefit is subject to
a charge of 0.50% per year of the average protected income value during
each year, and the charge is deducted annually in arrears each annuity
year. The Lifetime Five Income Benefit (which allows the owner to
withdraw a specified protected value through periodic withdrawals or a
series of payments for life) is subject to a charge of 0.60% annually
of the average daily net assets in the sub-accounts. The X Series
Contract also offers a variant of the Lifetime Five benefit (called
Spousal Lifetime Five) which, for a charge of 0.75% annually,
guarantees income until the second-to-die of two individuals married to
each other. The Highest Daily Value death benefit (which provides a
death benefit equal to the higher of the basic death benefit or the
``highest daily value'') is subject to a charge of 0.50% annually of
the average daily net assets of the sub-accounts. Finally, the
combination 5% roll-up/HAV death benefit (which refers to a death
benefit equal to the greater of (i) the ``highest anniversary value''
or (ii) purchase payments plus credits, adjusted for withdrawals,
appreciated at 5% annually) is subject to a charge of 0.50% annually of
the average daily net assets of the sub-accounts. (For New York
contracts, the only optional death benefit will be the Highest
Anniversary Value Death Benefit).
    9. In addition to the optional insurance features, the X Series
Contract offers several optional administrative features at no
additional cost (e.g., auto rebalancing, systematic withdrawals).
    10. The X Series Contract offers both variable investment options
and a one-year fixed rate option. The X Series Contract also may offer
an enhanced, dollar cost averaging fixed interest rate option. At
present, only portfolios of American Skandia Trust are available as
variable investment options. Under the X Series Contract, Applicants
reserve the right to add new underlying funds and series, and to
substitute new portfolios for existing portfolios (subject to
Commission approval).
    11. An owner choosing to annuitize under the X Series Contract will
have only fixed annuity options available. Those fixed annuity options
include annuities based on a single measuring life or joint lives,
based on a single measuring life or joint lives with a period certain
(e.g., 5 years, 10 years, or 15 years), or based on a period certain
only. If the owner fails to choose an annuity option, the default is to
a life annuity with 10 years certain. The latest annuitization date is
the first day of the month immediately following the annuitant's 95th
birthday.
    12. The bonus credit under the X Series Contract (the ``New
Credit'') will vary depending on the age of the older of the owner and
any joint owner on the date that the purchase payment is made, but not
on the amount of the purchase payment. Specifically, if the elder owner
is 80 or younger when a purchase payment is made, the New Credit will
equal 5%, regardless of the purchase payment amount. If the elder owner
is between ages 81 and 85 when the purchase payment is made, then the
New Credit will be 3%, regardless of the amount of the purchase
payment. Applicants would recapture the New Credit if (i) the X Series
Contract is surrendered during the free look period, or (ii) the New
Credit was applied within 12 months prior to death or (iii) the New
Credit was applied within 12 months prior to a request for a Medically-
Related Surrender. No CDSC is applied in connection with any
transaction in which the New Credit would be recaptured. Applicants
seek an amended order pursuant to section 6(c) of the Act exempting
them from sections 2(a)(32), 22(c), and 27(i)(2)(A) of the Act and Rule
22c-1 thereunder to the extent necessary to permit an Insurance Company
to recapture the New Credit described herein in the instances described
in the immediately preceding sentence.
    13. Finally, the X Series Contract will offer a ``longevity
credit'' that will be paid on the 10th annuity anniversary and each
annuity anniversary thereafter. The longevity credit will equal 0.40%
of the sum of all purchase payments (less withdrawals) that are more
than 9 years old. Applicants are not seeking an exemption to recapture
the longevity credit.

Applicants' Legal Analysis

    1. Section 6(c) of the Act authorizes the Commission to exempt any
person, security or transaction, or any class or classes of persons,
securities or transactions, from the provisions of the Act and the
rules promulgated under the Act if and to the extent that such
exemption is necessary or appropriate in the public interest and
consistent with the protection of investors and the purposes fairly
intended by the policy and provisions of the Act.
    2. Applicants request that the Commission, pursuant to section 6(c)
of the Act, issue an order amending the 2003 Order to the extent
necessary to permit the recapture of the New Credit under the
circumstances described above. Applicants believe that the requested
exemptions are appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act.
    3. Applicants submit that the recapture of the New Credit will not
raise concerns under sections 2(a)(32), 22(c) and 27(i)(2)(A) of the
1940 Act, and Rule 22c-1 thereunder for the same reasons given in
support of the 2003 Order. The New Credit will be recaptured only if
the owner (i) exercises his/her free look right (ii) dies within 12
months after receiving a New Credit or (iii) requests a medically-
related surrender within 12 months after receiving a New Credit. The
amounts recaptured equal the New Credits provided by each Insurance
Company from its own general account assets.
    4. When the Insurance Companies recapture the New Credit, they are
merely retrieving their own assets, and the owner has not been deprived
of a proportionate share of the applicable Account's assets, because
his or her interest in the New Credit amount has not vested. With
respect to New Credit recaptures upon the exercise of the free-look
privilege, it would be unfair to allow an owner exercising that
privilege to retain a New Credit amount under an

X Series Contract that has been returned for a refund after a period of
only a few days. If the Insurance Companies could not recapture the New
Credit during the free look period, individuals could purchase a
Contract with no intention of retaining it, and simply return it for a
quick profit. Applicants also note that the Contract owner is entitled
to retain any investment gain attributable to the New Credit, even if
the New Credit is ultimately recaptured. Furthermore, the recapture of
New Credits if death or a Medically-Related Surrender occurs within 12
months after the receipt of a New Credit is designed to provide the
Insurance Companies with a measure of protection against ``anti-
selection.'' The risk here is that an owner, with full knowledge of
impending death or serious illness, will make very large payments and
thereby leave the Insurance Companies less time to recover the cost of
the New Credit, to their financial detriment.
    5. Applicants submit that the provisions for recapture of the New
Credit under the X Series Contract do not, and any such Future Contract
provisions will not, violate section 2(a)(32) and 27(i)(2)(A) of the
Act, and rule 22c-1 thereunder, and that the relief requested is
consistent with the exemptive relief provided under the 2003 Order and
other Commission precedent.
    6. Applicants submit that their request for an amended order that
applies to any Account or any Future Account established by an
Insurance Company in connection with the issuance of X Series Contracts
and Future Contracts, and underwritten or distributed by PIMS or other
broker-dealers, is appropriate in the public interest. Such an order
would promote competitiveness in the variable annuity market by
eliminating the need to file redundant exemptive applications, thereby
reducing administrative expenses and maximizing the efficient use of
Applicants' resources. Investors would not receive any benefit or
additional protection by requiring Applicants to repeatedly seek
exemptive relief that would present no issue under the Act that has not
already been addressed in this application. Having Applicants file
additional applications would impair Applicants' ability effectively to
take advantage of business opportunities as they arise.
    7. Applicants undertake that Future Contracts funded by the
Accounts or by Future Accounts that seek to rely on the order issued
pursuant to the application will be substantially similar to the X
Series Contracts in all material respects.

Conclusion

    Applicants submit that their request for an amended order meets the
standards set out in section 6(c) of the Act and that an order amending
the 2003 Order should, therefore, be granted.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-9153 Filed 6-12-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Proposed Rules]
[Pages 5750-5751]
[FR Doc No: 2018-02140]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1061; Airspace Docket No. 17-AEA-20]

Proposed Amendment of Class D Airspace and Class E Airspace, and
Removal of Class E Airspace; Binghamton, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D airspace, Class E
surface airspace, and Class E airspace extending upward from 700 feet
above the surface; and remove Class E airspace designated as an
extension to a Class D surface area; at Greater Binghamton Airport/
Edwin A. Link Field (formerly Binghamton Regional Airport/Edwin A. Link
Field), Binghamton, NY. This action would accommodate airspace
reconfiguration due to the decommissioning of the Binghamton VHF omni-
directional radio range tactical air navigation aid (VORTAC), and
cancellation of the VOR approaches. Controlled airspace is necessary
for the safety and management of instrument flight rules (IFR)
operations at the airport. This action also would update the geographic
coordinates of the airport, and correct the airport's name.
Additionally, this action would replace the outdated term ``Airport/
Facility Directory'' with the term ``Chart Supplement'' in Class D and
E surface airspace descriptions.

DATES: Comments must be received on or before March 26, 2018.

ADDRESSES: Send comments on this proposal to: U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; Telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify the Docket No.
FAA-2017-1061; Airspace Docket No. 17-AEA-20, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class D and Class E airspace at Greater Binghamton
Airport/Edwin A. Link Field, Binghamton, NY, to support IFR operations
at the airport.

Comments Invited

    Interested persons are invited to comment on 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 (Docket No. FAA-
2017-1061 and Airspace Docket No. 17-AEA-20) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for the
address and phone number.) You may also submit comments through the
internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2017-1061; Airspace Docket No. 17-AEA-20.'' The postcard
will be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this document may be changed in light of the
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    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/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to amend Class D airspace, Class E surface

airspace, and Class E airspace extending upward from 700 feet or more
above the surface at Greater Binghamton Airport/Edwin A. Link Field,
Binghamton, NY (formerly Binghamton Regional Airport/Edwin A. Link
Field), due to the decommissioning of the Binghamton VORTAC, and
cancellation of the VOR approaches. These changes would enhance the
safety and management of IFR operations at the airport.
    The Class D airspace area would be amended to within a 4.4-mile
radius (from a 4.3-mile radius) of Greater Binghamton Airport/Edwin A.
Link Field.
    The Class E surface area airspace would be amended to within a 4.4-
mile radius (increased from a 4.3-mile radius) of Greater Binghamton
Airport/Edwin A. Link Field. The Binghamton VORTAC would be removed as
it is being decommissioned. The SMITE LOM, and ILS Runway 34 Localizer
navigation aids are no longer needed in the airspace redesign.
    The Class E airspace designated as an extension to a Class D
surface area would be removed as this airspace was only necessary for
the cancelled approaches. Class E airspace extending upward from 700
feet above the surface would be amended to within a 7-mile radius
(initially from a boundary line formed by the geographic coordinates)
of the airport. The exclusionary language contained in the legal
description would be removed to comply with FAA Order 7400.2L,
Procedures for Handling Airspace Matters. Also, an editorial change
would be made by adding the airport's geographic coordinates to the
airspace designation.
    The geographic coordinates of the airport also would be adjusted in
the classes of airspace listed above to coincide with the FAA's
aeronautical database, and the airport name would be updated to Greater
Binghamton Airport/Edwin A. Link Field, formerly Binghamton Regional
Airport/Edwin A. Link Field.
    Class E airspace designations are published in paragraphs 5000,
6002, 6004, and 6005, respectively, of FAA Order 7400.11B, dated August
3, 2017, and effective September 15, 2017, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document will be published subsequently in the Order.

Regulatory Notices and Analyses

    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 proposed 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.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

Lists 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, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11B, Airspace Designations and Reporting
Points, dated August 3, 2017, and effective September 15, 2017, is
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA NY D Binghamton, NY [Amended]

Greater Binghamton Airport/Edwin A. Link Field, NY
    (Lat. 42[deg]12'30'' N, long. 75[deg]58'47'' W)

That airspace extending upward from the surface to and including
4,100 feet MSL within a 4.4-mile radius of Greater Binghamton
Airport/Edwin A. Link Field. This Class D airspace area is effective
during the specific days and times established in advance by a
Notice to Airmen. The effective days and times will thereafter be
continuously published in the Chart Supplement.

Paragraph 6002 Class E Surface Area Airspace.

* * * * *

AEA NY E2 Binghamton, NY [Amended]

Greater Binghamton Airport/Edwin A. Link Field, NY
    (Lat. 42[deg]12'30'' N, long. 75[deg]58'47'' W)

That airspace extending upward from the surface within a 4.4-mile
radius of Greater Binghamton Airport/Edwin A. Link Field. This Class
E airspace area is effective during the specific days and times
established in advance by a Notice to Airmen. The effective days and
times will thereafter be continuously published in the Chart
Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.

* * * * *

AEA NY E4 Binghamton, NY [Removed]

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AEA NY E5 Binghamton, NY [Amended]

Greater Binghamton Airport/Edwin A. Link Field, NY
    (Lat. 42[deg]12'30'' N, long. 75[deg]58'47'' W)

That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Greater Binghamton Airport/Edwin A. Link
Field.

    Issued in College Park, Georgia, on January 29, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018-02140 Filed 2-8-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Notices]
[Page 57418]
[FR Doc No: 2019-23390]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2019-0058; FRL-10000-93]

Pesticide Program Dialogue Committee (PPDC); Notice of Charter
Renewal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the Environmental Protection
Agency has determined that, in accordance with the provisions of the
Federal Advisory Committee Act (FACA), the Pesticide Program Dialogue
Committee (PPDC) is in the public interest and is necessary in
connection with the performance of EPA's duties. Accordingly, PPDC will
be renewed for an additional two-year period. The purpose of PPDC is to
provide advice and recommendations to the EPA Administrator on issues
associated with regulatory development and reform initiatives, evolving
public policy and program implementation issues, and science issues
associated with evaluating and reducing risks from use of pesticides.

FOR FURTHER INFORMATION CONTACT: Shannon Jewell, Designated Federal
Officer, Pesticide Program Dialogue Committee (PPDC), U.S. EPA, 1200
Pennsylvania Ave. NW (mail code 7501P), Washington, DC 20460,
Telephone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
    Authority:  5 U.S.C. App.2.

    Dated: October 10, 2019.
Richard Keigwin,
Director, Office of Pesticide Programs.
[FR Doc. 2019-23390 Filed 10-24-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)]
[Notices]
[Pages 14054-14056]
[FR Doc No: 2017-05225]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80218; File No. SR-IEX-2017-07]

Self-Regulatory Organizations: Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Exchange Rule 11.340 To Modify the Date of Appendix B Web Site Data
Publication Pursuant to the Regulation NMS Plan To Implement a Tick
Size Pilot Program

March 10, 2017.
    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 February 28, 2017, the Investors Exchange LLC (``IEX''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. 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

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\
Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the
Securities and Exchange Commission (``Commission'') a proposed rule
change to amend Exchange Rule 11.340 to modify the date of Appendix B
Web site data publication pursuant to the Regulation NMS Plan to
Implement a Tick Size Pilot Program (``Plan''). The Exchange has
designated this proposal as non-controversial and provided the
Commission with the notice required by Rule 19b-4(f)(6)(iii) under the
Act.\6\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.iextrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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 self-regulatory organization
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 statement may be examined at
the places specified in Item IV below. The self-regulatory organization
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
    Rule 11.340(b) (Compliance with Data Collection Requirements) \7\
implements the data collection and Web site publication requirements of
the Plan.\8\ Supplementary Material .09 to IEX Rule 11.340 provides,
among other things, that the requirement that the Exchange or
Designated Examining Authority (``DEA'') make certain data publicly
available on their Web site pursuant to Appendix B and C to the Plan
shall commence at the beginning of the Pilot Period,\9\ and that the
Exchange or DEA shall make data for the Pre-Pilot Period publicly
available on their Web site pursuant to Appendix B and C to the Plan by
February 28, 2017.\10\
---------------------------------------------------------------------------

    \7\ See Exchange Rule 11.340(b). See also Securities Exchange
Act Release Nos. 77418 (March 22, 2016), 81 FR 17213 (March 28,
2016); and 78795 (September 9, 2016), 81 FR 63508 (September 15,
2016).
    \8\ The Participants filed the Plan to comply with an order
issued by the Commission on June 24, 2014. See Letter from Brendon
J. Weiss, Vice President, Intercontinental Exchange, Inc., to
Secretary, Commission, dated August 25, 2014 (``SRO Tick Size Plan
Proposal''). See Securities Exchange Act Release No 72460 (June 24,
2014), 79 FR 36840 (June 30, 2014); see also Securities Exchange Act
Release No. 74892 (May 6, 2015), 80 FR 27513 (May 13, 2015).
    \9\ Unless otherwise defined herein, capitalized terms have the
meaning ascribed to them in Rule 11.340.
    \10\ On November 30, 2016, the SEC granted exemptive relief to
the Participants, and the Exchange filed proposed rule changes to,
among other things, delay the publication of Web site data pursuant
to Appendices B and C to the Plan until February 28, 2017, and to
delay the ongoing Web site publication by ninety days such that data
would be published within 120 calendar days following the end of the
month. See Letter from David S. Shillman, Associate Director,
Division of Trading and Markets, Commission, to Marcia E. Asquith,
Senior Vice President and Corporate Secretary, FINRA dated November
30, 2016; see also Securities Exchange Act Release No. 34-79473
(December 6, 2016), 81 FR 89562 (December 12, 2016) (Notice of
Filing and Immediate Effectiveness of File No. SR-IEX-2016-17).
---------------------------------------------------------------------------

    The Exchange is proposing amendments to Supplementary Material .09
to IEX Rule 11.340 to delay the date by which Pre-Pilot and Pilot
Appendix B data is to be made publicly available on the Exchange or
DEA's Web site from February 28, 2017, until April 28, 2017. Appendix C
data for the Pre-Pilot Period through the month of January 2017, will
be published on the Exchange or DEA's Web site on February 28, 2017,
and, thereafter, on the original 30-day schedule.
    In the SRO Tick Size Plan Proposal, the Participants stated that
the public data will be made available for free ``on a disaggregated
basis by trading center'' on the Web sites of the Participants and the
Designated Examining Authorities.\11\ However, market participants have
expressed confidentiality concerns regarding this approach for over-
the-counter (``OTC'') data.\12\ Thus, the Exchange is filing the
instant proposed rule change to provide additional time to assess a
means of addressing the confidentiality concerns raised in connection
with the publication of Appendix B data related to OTC activity in
furtherance of the objectives of the Plan.\13\ Pursuant to this
amendment, Appendix B data publication will be delayed until April 28,
2017. The Participants anticipate filing an additional proposed rule
change in the near future to address the Appendix B data publication.
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 73511 (November 3,
2014), 79 FR 66423 (November 7, 2014) (Notice of Filing of Proposed
National Market System Plan to Implement a Tick Size Pilot Program
on a One-Year Pilot Basis, File No. 4-657) (``Tick Size Plan
Proposal'').
    \12\ See letters from Adam C. Cooper, Senior Managing Director
and Chief Legal Officer, Citadel Securities, to Brent J. Fields,
Secretary, Commission, dated December 21, 2016 (``Citadel letter'');
and William Hebert, Managing Director, Financial Information Forum,
to Robert W. Errett, Deputy Secretary, Commission, dated December
21, 2016 (``FIF letter'').
    \13\ FINRA, on behalf of the Exchange, also is submitting an
exemptive request with the SEC in connection with the instant
filing.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \14\ in general, and furthers the objectives of Section
6(b)(5) of the Act \15\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in 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.
---------------------------------------------------------------------------

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

    The Plan is designed to allow the Commission, market participants,
and the public to study and assess the impact of increment conventions
on the liquidity and trading of the common stock of small-
capitalization companies. The Exchange believes that this proposal is
consistent with the Act because it is in furtherance of the objectives
of Section VII(A) of the Plan in that it is designed to provide the
Exchange with additional time to assess a means of addressing the
confidentiality concerns raised in connection with the publication of
Appendix B data, to comply with the Plan's requirements that the data
made publicly available will not identify the trading center that
generated the data.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
notes that the proposed rule change implements the provisions of the
Plan.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \16\ and Rule 19b-
4(f)(6) thereunder.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii), the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has filed
the proposed rule change for immediate effectiveness and has requested
that the Commission waive the requirement that the proposed rule change
not become operative for 30 days after the date of the filing so that
it may become operative on February 28, 2017.
    The Exchange notes that the proposed rule change is intended to
address confidentiality concerns raised in connection with the
publication of OTC Appendix B data by permitting the Exchange to delay
Web site publication of its Appendix B data from February 28, 2017 to
April 28, 2017.\18\ The Exchange notes that the delay would provide
additional time to assess a means of addressing the confidentiality
concerns. The Exchange notes that it expects Participants to file
proposed rule changes related to publishing Appendix B data.
---------------------------------------------------------------------------

    \18\ See supra note 12. The Commission notes that FINRA has
submitted a proposed rule change to delay the publication of OTC
Appendix B data. See SR-FINRA-2017-005.
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the Exchange to delay publication of its Appendix
B data until April 28, 2017. As noted above, commenters continue to
raise concerns about the publication of OTC Appendix B data.\19\
Delaying publication of Exchange's Appendix B data \20\ will prevent
the publication of partial (i.e., Exchange-only) Appendix B data
required under the Plan. Therefore, the Commission hereby waives the
30-day operative delay and designates the proposed rule change to be
operative on February 28, 2017.\21\
---------------------------------------------------------------------------

    \19\ The Commission notes that FINRA has filed a proposed rule
change that is intended to mitigate confidentiality concerns raised
by commenters regarding the publication of OTC Appendix B data. See
SR-FINRA-2017-006.
    \20\ The Commission notes that other Participants have proposed
to delay the publication of their Appendix B data until April 28,
2017. See SR-BatsBYX-2017-05; SR-BatsBZX-2017-15; SR-BatsEDGA-2017-
05; SR-BatsEDGX-2017-13; SR-BX-2017-016; SR-CHX-2017-05; SR-FINRA-
2017-005; SR-NASDAQ-2017-024; SR-Phlx-2017-22; SR-NYSE-2017-10; SR-
NYSEArca-2017-19; SR-NYSEMKT-2017-11.
    \21\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-IEX-2017-07 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-IEX-2017-07. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549-1090. Copies of the filing will also be
available for inspection and copying at the IEX's principal office and
on its Internet Web site at www.iextrading.com. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-IEX-2017-07 and should be submitted on
or before April 6, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05225 Filed 3-15-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49905-49908]
[FR Doc No: 2017-23372]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81919; File No. SR-BatsBZX-2017-68]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
21.1, Definitions, To Modify Stop Orders and Stop Limit Orders
Applicable to the Exchange's Equity Options Platform in Preparation for
the C2 Options Exchange, Incorporated Technology Migration

October 23, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 10, 2017, Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii)

thereunder,\4\ which renders it effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

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

    The Exchange filed a proposal to update Rule 21.1 to make
modifications to the Exchange's rules and functionality applicable to
the Exchange's options platform (``BZX Options'') in preparation for
the technology migration of the Exchange's affiliated options exchange,
C2 Options Exchange, Incorporated (``C2''), onto the same technology as
the Exchange.
    The text of the proposed rule change is available at the Exchange's
Web site at www.bats.com, at the principal office of the Exchange, 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 parts of such
statements.

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

1. Purpose
    In 2016, the Exchange and its affiliates Bats BYX Exchange, Inc.
(``BYX''), Bats EDGA Exchange, Inc. (``EDGA''), and Bats EDGX Exchange,
Inc. (``EDGX'') received approval to affect a merger (the ``Merger'')
of the Exchange's indirect parent company, Bats Global Markets, Inc.
(``BGM''), with CBOE Holdings, Inc. (``CBOE Holdings''), the direct
parent of Chicago Board Options Exchange, Incorporated (``CBOE'') and
C2 Options Exchange, Incorporated (``C2'', and together with the
Exchange, BYX, EDGA, EDGX, and CBOE the ``CBOE Affiliated
Exchanges'').\5\ The CBOE Affiliated Exchanges are working to align
certain system functionality, retaining only intended differences
between the CBOE Affiliated Exchanges, in the context of a technology
migration. Thus, the proposals set forth below are intended to add
certain system functionality that is more similar to functionality
offered by CBOE and C2 in order to ultimately provide a consistent
technology offering for market participants who interact with the CBOE
Affiliated Exchanges. Although the Exchange intentionally offers
certain features that differ from those offered by its affiliates and
will continue to do so, the Exchange believes that offering similar
functionality to the extent practicable will reduce potential confusion
for Users.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 79585 (December 16,
2016), 81 FR 93988 (December 22, 2016) (SR-BatsBZX-2016-68; SR-
BatsBYX-2016-29; SR-BatsEDGA-2016-24; SR-BatsEDGX-2016-60).
---------------------------------------------------------------------------

    The Exchange proposes to modify its rules regarding Stop Orders and
Stop Limit Orders, as defined in Rules 21.1(d)(11) and (d)(12),
respectively.
    Stop Orders are currently defined in Rule 21.1(d)(11) as an order
that becomes a Market Order \6\ when the stop price is elected. A Stop
Order to buy is elected when the consolidated last sale in the option
occurs at, or above, the specified stop price. A Stop Order to sell is
elected when the consolidated last sale in the option occurs at, or
below, the specified stop price. Stop Limit Orders are currently
defined in Rule 21.1(d)(12) as an order that becomes a limit order \7\
when the stop price is elected. A Stop Limit Order to buy is elected
when the consolidated last sale in the option occurs at, or above, the
specified stop price. A Stop Limit Order to sell becomes a sell limit
order when the consolidated last sale in the option occurs at, or
below, the specified stop price.
---------------------------------------------------------------------------

    \6\ ``Market Orders'' are orders to buy or sell at the best
price available at the time of execution. Market Orders to buy or
sell an option traded on are rejected if they are received when the
underlying security is subject to a ``Limit State'' or ``Straddle
State'' as defined in the Plan to Address Extraordinary Market
Volatility Pursuant to Rule 608 of Regulation NMS under the Act (the
``Limit Up-Limit Down Plan''). Any portion of a Market Order that
would execute at a price more than $0.50 or 5 percent worse than the
NBBO at the time the order initially reaches BZX Options, whichever
is greater, will be cancelled.
    \7\ ``Limit Orders'' orders to buy or sell an option at a
specified price or better. A limit order is marketable when, for a
limit order to buy, at the time it is entered into the System, the
order is priced at the current inside offer or higher, or for a
limit order to sell, at the time it is entered into the System, the
order is priced at the inside bid or lower.
---------------------------------------------------------------------------

    The Exchange proposes to modify Stop Orders and Stop Limit Orders
to add that such orders will be elected based on quotations as well.
Specifically, in addition to electing a Stop Order or Stop Limit Order
to buy (sell) when the consolidated last sale in the option occurs at
or above (below), the specified stop price, the Exchange proposes to
elect such an order when the NBB (NBO) is equal to or higher (lower)
than the stop price. The Exchange notes that CBOE and C2 also trigger
stop orders based on quotations.\8\ The Exchange further notes that it
has proposed to elect Stop Orders and Stop Limit Orders based on
consolidated quotations (the NBB and NBO) rather than quotations only
on the Exchange. The Exchange believes that this is more consistent
with its current functionality for Stop Orders and Stop Limit Orders,
which are elected based on the consolidated last sale in the option.
---------------------------------------------------------------------------

    \8\ See CBOE Rules 6.53(c)(iii) and (c)(iv) and C2 Rules
6.10(c)(3) and (c)(4).
---------------------------------------------------------------------------

    The Exchange also proposes a minor change to the definition of Stop
Limit Orders to ensure that there is consistent language between Stop
Limit Orders to buy and Stop Limit Orders to sell. The current language
related to Stop Limit Orders to buy focuses on the election of such
orders whereas the current language related to Stop Limit Orders to
sell focuses on the conversion of such orders to limit orders. The
Exchange proposes to include language related both election and
conversion to limit orders with respect to both Stop Limit Orders to
buy and Stop Limit Orders to sell.
    In addition, the Exchange proposes to restrict Stop Orders, which,
as described above are converted to Market Orders when elected, from
being elected when the underlying security is in a Limit State, as
defined in the Limit Up-Limit Down Plan. Such an order would be held
until the end of the Limit State, at which point the order would again
become eligible to be elected. This aspect of the proposal is also
based on the rules of CBOE \9\ and C2 \10\ and is consistent with the
Exchange's current handling of Market Orders, which are not accepted
when the underlying security is in a Limit State.\11\ As Stop Orders
become Market Orders when elected, the Exchange believes that this
change is merely an extension of its existing functionality.
---------------------------------------------------------------------------

    \9\ See CBOE Rule 6.53, Interpretation and Policy .01C.
    \10\ See C2 Rule 6.10, Interpretation and Policy .01C.
    \11\ See Exchange Rule 21.1(d)(5).
---------------------------------------------------------------------------

    Below are examples of the current and proposed functionality for
Stop Orders and Stop Limit Orders.
Example 1A--Stop Order is Triggered (Current Functionality)
    Assume the NBBO is 7.80 x 8.00. Assume that a User submits a Stop

Order to buy 500 shares with a stop price of 8.05.
     Assume the NBBO updates to 8.00 by 8.05. An execution
reported by another exchange at 8.05 will trigger the stop price of the
Stop Order, which will convert into a Market Order to buy.
     Note: this example would still be accurate under the
proposed functionality, however, there is an additional way that a Stop
Order could be elected, a change to the NBBO, as set forth in Example
1B below.
Example 1B--Stop Order is Triggered (Proposed Functionality)
    Assume the NBBO is 7.80 x 8.00. Assume that a User submits a Stop
Order to buy 500 shares with a stop price of 8.05.
     Assume the NBBO updates to 8.05 by 8.10. The NBB equal to
the stop price of the order will trigger the stop price of the Stop
Order, which will convert into a Market Order to buy. The result would
be the same if the NBB were instead higher than the stop price, such as
with an NBBO of 8.10 by 8.15.
Example 2A--Stop Limit Order is Triggered (Current Functionality)
    Assume the NBBO is 7.80 x 8.00. Assume that a User submits a Stop
Limit Order to buy 500 shares at 8.04 with stop limit price of 8.05.
     Assume the NBBO updates to 8.03 by 8.05. An execution
reported by another exchange at 8.05 will trigger the stop price of the
Stop Limit Order, which will convert into a limit order to buy at 8.04.
     Note: this example would still be accurate under the
proposed functionality, however, there is an additional way that a Stop
Limit Order could be elected, a change to the NBBO, as set forth in
Example 2B.
Example 2B--Stop Limit Order is Triggered (Proposed Functionality)
    Assume the NBBO is 7.80 x 8.00. Assume that a User submits a Stop
Limit Order to buy 500 shares at 8.04 with stop limit price of 8.05.
    Assume the NBBO updates to 8.05 by 8.10. The NBB equal to the stop
price of the order will trigger the stop price of the Stop Limit Order,
which will convert into a limit order to buy at 8.04. The result would
be the same if the NBB were instead higher than the stop price, such as
with an NBBO of 8.10 by 8.15.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \12\ in general, and furthers the objectives of Section
6(b)(5) of the Act \13\ in particular, in that it is designed to
promote just and equitable principles of trade, 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. In particular, consistent rules and functionality between the
Exchange and its affiliated exchanges will reduce complexity and help
avoid potential confusion by the Users of the Exchange that are also
participants on other CBOE Affiliated Exchanges.\14\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ The Exchange notes that its affiliate, EDGX, also intends
to adopt Stop Orders and Stop Limit Orders that would function
identical to Stop Orders and Stop Limit Orders on the Exchange, as
amended by this proposal. In addition, as CBOE and C2 migrate to the
same technology platform as the Exchange, CBOE and C2 intend to
modify rules and functionality to be consistent with the Exchange
and EDGX, unless the retention of differences is intended.
---------------------------------------------------------------------------

    The Exchange believes the proposed amendment will reduce complexity
and increase the understanding of the Exchange's operations for all
Users of the Exchange. In particular, by triggering Stop Orders and
Stop Limit Orders based on quotations, in addition to trades, the
Exchange's functionality will be more similar to that of CBOE and C2.
In turn, when CBOE and C2 are migrated to the same technology as that
of the Exchange, Users of the Exchange and other CBOE Affiliated
Exchanges will have access to similar functionality on all CBOE
Affiliated Exchanges. As such, the proposed rule change would foster
cooperation and coordination with persons engaged in facilitating
transactions in securities and would remove impediments to and perfect
the mechanism of a free and open market and a national market system.
    With respect to Stop Orders not being elected when the underlying
security is in a Limit State, this proposal is based on the rules of
CBOE and C2 and is also consistent with the Exchange's current handling
of Market Orders, which are not accepted when the underlying security
is in a Limit State.\15\ As Stop Orders become Market Orders when
elected, the Exchange believes that this change is merely an extension
of its existing functionality.
---------------------------------------------------------------------------

    \15\ See supra, notes 8-10.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange notes that the
proposal will further promote consistency between the Exchange and its
affiliated exchanges, and is part of a larger technology integration
that will ultimately reduce complexity for Users of the Exchange that
are also participants on other CBOE Affiliated Exchanges. The Exchange
does not believe that the proposed changes will have any direct impact
on competition. Thus, the Exchange does not believe that the proposal
creates any significant impact on competition.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    Because the foregoing proposed rule change does not: (A)
Significantly affect the protection of investors or the public
interest; (B) impose any significant burden on competition; and (C) by
its terms, become operative for 30 days from the date on which it was
filed or such shorter time as the Commission may designate it has
become effective pursuant to Section 19(b)(3)(A) of the Act \16\ and
paragraph (f)(6) of Rule 19b-4 thereunder,\17\ the Exchange has
designated this rule filing as non-controversial.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4 (f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \18\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \19\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. The Exchange
notes that the proposed rule change will promote consistency between
the Exchange and CBOE Affiliated Exchanges, and is part of a larger

technology integration that will ultimately reduce complexity for Users
of the Exchange that are also participants on other CBOE Affiliated
Exchanges.
---------------------------------------------------------------------------

    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiver of the 30-day operative delay
is consistent with the protection of investor and the public interest.
The Commission notes that the proposed rule change is based on rules of
its affiliated exchanges, CBOE and C2, and thus does not raise any new
or novel issues. Accordingly, the Commission hereby waives the 30-day
operative delay and designates the proposed rule change as operative
upon filing.\20\
---------------------------------------------------------------------------

    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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: (1)
Necessary or appropriate in the public interest; (2) for the protection
of investors; or (3) 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.

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-BatsBZX-2017-68 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBZX-2017-68. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 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-BatsBZX-2017-68 and should
be submitted on or before November 17, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Eduardo A. Aleman,
Assistant Secretary.
---------------------------------------------------------------------------

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

[FR Doc. 2017-23372 Filed 10-26-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Notices]
[Pages 38456-38457]
[FR Doc No: 2011-16411]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2011-0048]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 of the Code of Federal
Regulations (CFR), this document provides the public notice that by a
document dated June 2, 2011, the Tri-County Metropolitan Transportation
District of Oregon (TriMet) has petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR Part 219
Control of Drug and Alcohol Use; Part 220 Subpart B--Radio and Wireless
Communication Procedures; Part 228.11 Hours of Safety Recordkeeping
Requirements; and Part 229.125 Headlights and Auxiliary Headlights
Candela Requirements. FRA assigned the petition Docket Number FRA-2011-
0048.
    TriMet has petitioned FRA for a waiver of compliance from certain
provisions of the Federal railroad safety regulations contained in the
CFR for the new 7.3-mile Orange Line extension of its rail fixed guide
way transit system, which features limited connections to the general
railroad system. These limited connections consist of a fully
interlocked rail-rail at grade diamond crossing with Oregon Pacific
Railroad and seven shared highway-rail grade crossings with the Union
Pacific Railroad Company (two) and the Portland and Western Railroad
(five). TriMet submits that the waivers are in the public interest and
are consistent with railroad safety. Further, TriMet states that as a
rail fixed guide way system under the oversight of the Oregon
Department of Transportation, it will provide a level of safety
equivalent to that provided by compliance with FRA regulations. See
Statement of Agency Policy Concerning Jurisdiction Over the Safety of
Railroad Passenger Operations and Waivers Related to Shared Use of the
Tracks of the General Railroad System by Light Rail and Conventional
Equipment, 65 FR 42529 (July 10, 2000); see also Joint Statement of
Agency Policy Concerning Shared Use of the Tracks of the General
Railroad System by Conventional Railroads and Light Rail Transit
Systems, 65 FR 42626 (July 10, 2000).
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at http://www.regulations.gov and in person at the Department of Transportation's
Docket Operations Facility, 1200 New Jersey Ave., SE., W12-140,
Washington, DC 20590. The Docket Operations Facility is open from 9
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m.

and 5 p.m., Monday through Friday, except Federal holidays.
    Communications received by August 15, 2011 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our 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 DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78) or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC on June 23, 2011.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory & Legislative Operations.
[FR Doc. 2011-16411 Filed 6-29-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Proposed Rules]
[Pages 49385-49386]
[FR Doc No: 2011-20307]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0250; Airspace Docket No. 11-AGL-6]

Proposed Amendment of Class E Airspace; South Bend, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E airspace in the South
Bend, IN area. Additional controlled airspace is necessary to
accommodate new Standard Instrument Approach Procedures (SIAP) at Jerry
Tyler Memorial Airport, Niles, IN. The FAA is taking this action to
enhance the safety and management of Instrument Flight Rules (IFR)
operations for SIAPs at the airport. The geographic coordinates for
South Bend Regional Airport also would be adjusted.

DATES: 0901 UTC. Comments must be received on or before September 26,
2011.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2011-0250/Airspace Docket No. 11-
AGL-6, at the beginning of your comments. You may also submit comments
through 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 ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

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-2011-0250/
Airspace Docket No. 11-AGL-6.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    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/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Central Service Center, 2601
Meacham Blvd., Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs 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

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), part 71 by amending Class E airspace extending upward from
700 feet above the surface to accommodate new standard instrument
approach procedures at Jerry Tyler Memorial Airport, Niles, IN.
Controlled airspace is needed for the safety and management of IFR
operations at the airport. The geographic coordinates for South Bend
Regional Airport would also be updated to coincide with the FAA's
aeronautical database.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9U, dated August 18, 2010 and effective September 15, 2010, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation 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 U.S. 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 I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend controlled airspace in the South Bend, IN area.

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, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 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 FAA Order
7400.9U, Airspace Designations and Reporting Points, dated August 18,
2010, and effective September 15, 2010, is amended as follows:

Paragraph 6005: Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AGL IN E5 South Bend, IN [Amended]

South Bend, South Bend Regional Airport, IN
    (Lat. 41[deg]42'30'' N., long. 86[deg]19'02'' W.)
Niles, Jerry Tyler Memorial Airport, IN
    (Lat. 41[deg]50'09'' N., long. 86[deg]13'31'' W.)
Gipper VORTAC
    (Lat. 41[deg]46'07'' N., long. 86[deg]19'06'' W.)
South Bend ILS Localizer
    (Lat. 41[deg]42'15'' N., long. 86[deg]19'59'' W.)

    That airspace extending upward from 700 feet above the surface
within a 8-mile radius of South Bend Regional Airport, and within
4.4 miles south and 7 miles north of the South Bend ILS Localizer
East Course, extending from South Bend Regional Airport to 10.5
miles east of the ILS outer marker, and within 4.4 miles west and 7
miles east of the Gipper VORTAC 001[deg] radial extending from the
South Bend Regional Airport to 10.5 miles north of the VORTAC, and
within a 6.4-mile radius of Jerry Tyler Memorial Airport, and within
4 miles northwest and 8 miles southeast of the Gipper VORTAC
226[deg] radial extending from the 6.4-mile radius of Jerry Tyler
Memorial Airport to 15.4 miles southwest of the airport.

    Issued in Fort Worth, TX, on August 2, 2011.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2011-20307 Filed 8-9-11; 8:45 am]
BILLING CODE 4910-13-P