[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68888-68890]
[FR Doc No: 2015-28267]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76326; File No. SR-CHX-2015-08]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Its Smart Versus Direct Routing Protocol

November 2, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on October 26, 2015, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CHX proposes to modify its smart versus direct order routing
protocol. CHX has designated this proposed rule change as non-
controversial pursuant to Section 19(b)(3)(A) \3\ of the Act and Rule
19b-4(f)(6) \4\ thereunder and has provided the Commission with the
notice required by Rule 19b-4(f)(6)(iii).\5\ The text of this proposed
rule change is available on the Exchange's Web site at (www.chx.com)
and in the Commission's Public Reference Room.
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    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ 17 CFR 240.19b-4(f)(6)(iii).
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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 CHX included statements
concerning the purpose of and basis for the proposed rule changes 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 CHX has prepared summaries, set forth in sections A,
B and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to modify its smart versus direct order
routing protocol, which was recently clarified and modified under SR-
CHX-2015-02.\6\ Specifically, the Exchange proposes to (1) eliminate
the Exchange's special routing handling for Protected Quotations \7\
displayed on the Alternative Display Facility (``ADF'') operated by the
Financial Industry Regulatory Authority (``FINRA'') \8\ (``ADF special
handling'') \9\ and (2) to always direct a non-affiliate third-party
routing broker (``third-party routing broker'') to route orders to
specific routing destinations, when required by CHX Rules,\10\
including situations where orders would be routed pursuant to a routing
table maintained by the Exchange, as described in detail below. The
Exchange does not propose to substantively modify the smart versus
direct order routing protocol or the CHX Routing Services in any other
way.
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    \6\ See Exchange Act Release No. 74487 (March 12, 2015), 80 FR
14193 (March 18, 2015) (SR-CHX-2015-02).
    \7\ See 17 CFR 242.600(a)(58).
    \8\ See FINRA Rule 6210.
    \9\ See supra note 6.
    \10\ See CHX Article 19, Rule 3(a).
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    Currently, upon the triggering of a Routing Event,\11\ the Exchange
will route away Routable Orders,\12\ or portions thereof, through
CHXBD, LLC, which is an affiliated routing broker that operates as a
facility of the Exchange, which would then forward orders to a third-
party routing broker for routing to the ultimate routing
destination.\13\ All orders routed to the third-party routing broker
will include instructions for the third-party routing broker to either
direct route the order to a specific destination or to smart route the
order utilizing the third-party routing broker's routing technology,
pursuant to a routing table provided and maintained by the Exchange.
The decision to smart or direct route orders is made by the Exchange
pursuant to the following smart versus direct order routing protocol:
\14\
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    \11\ Id.
    \12\ See CHX Article 1, Rule 1(oo).
    \13\ See Exchange Act Release No. 73150 (September 19, 2014), 79
FR 57603 (September 25, 2014) (SR-CHX-2014-15).
    \14\ See supra notes 6 and 13.
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     Smart route. Subject to ADF special handling, if the
portion of a Routable Order that is to be routed away at a certain
price point is smaller than the aggregate size of two or more contra-
side Protected Quotations that could be satisfied at that price point,
the Exchange will rely on a third-party routing broker to utilize its
smart routing technology to route away the corresponding orders
pursuant to a routing table provided by the Exchange. When orders are
smart routed, the relevant snapshot of Protected Quotations of external
markets for Regulation NMS purposes will be taken by the third-party
routing broker and the third-party routing broker would route orders
marked Immediate Or Cancel \15\ and Intermarket Sweep Order \16\
(``IOC/ISO'').
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    \15\ See CHX Article 1, Rule 2(d)(4).
    \16\ See CHX Article 1, Rule 2(b)(3)(B).
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     Direct route. Subject to ADF special handling, if the
portion of a Routable Order that is to be routed away at a certain
price point is smaller than the size of one contra-side Protected
Quotation that could be satisfied or is the same size as the aggregate
size of one or more contra-side Protected Quotations that could be
satisfied at that price point, the Exchange will direct the third-party
routing broker to route corresponding orders to specific routing
destinations. Thus, the relevant snapshot of the Protected Quotations
of

external markets for Regulation NMS purposes will be taken by the
Exchange and the Exchange would route IOC/ISOs to the third-party
routing broker along with instructions to route the orders to a
specific destination.
     ADF Special Handling. If one of the contra-side Protected
Quotations described above is displayed on the ADF, the Exchange will
route the entire remaining balance of the Routable Order to a third-
party routing broker for smart routing.
    The Exchange now proposes to always direct a third-party routing
broker to route orders to specific routing destinations, regardless of
whether an order would be smart or direct routed. Specifically, if the
Exchange's routing systems determine that a Routable Order should be
smart routed, the Exchange's routing systems will create the necessary
corresponding orders (as opposed to handing such responsibilities to
the third-party routing broker), pursuant to a routing table maintained
by the Exchange, and direct the third-party routing broker to route the
corresponding orders to specific routing destinations. Thus, the result
is that the Exchange will always direct a third-party routing broker to
route IOC/ISOs to specific destinations. Also, the Exchange proposes to
eliminate ADF special handling and treat Protected Quotations displayed
on the ADF like any other Protected Quotations displayed in the
national market system. Thus, the smart versus direct order routing
protocol would be simplified as follows:
     Smart route. If the portion of a Routable Order that is to
be routed away at a certain price point is smaller than the aggregate
size of two or more contra-side Protected Quotations that could be
satisfied at that price point, the Exchange will utilize its smart
routing technology and direct the third-party routing broker to route
IOC/ISO(s) to specific routing destinations.
     Direct route. If the portion of a Routable Order that is
to be routed away is smaller than the size of one contra-side Protected
Quotation that could be satisfied or is the same size as the aggregate
size of one or more contra-side Protected Quotations that could be
satisfied at that price point, the Exchange will direct the third-party
routing broker to route IOC/ISO(s) to specific routing destinations.
     In either scenario, the relevant snapshot of Protected
Quotations of external markets will be taken by the Exchange.
Operative Date
    The Exchange proposes to make the proposed rule change operative as
follows:
     The proposal for the Exchange to always direct a third-
party routing broker to route orders to specific destinations shall be
operative October 29, 2015, prior to the Exchange's Regulation SCI
compliance date of November 3, 2015.\17\
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    \17\ See Exchange Act Release No. 73639 (December 5, 2014), 79
FR 72251 (December 5, 2014).
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     The proposed elimination of ADF special handling shall be
operative pursuant to two weeks' notice by the Exchange to its
Participants via Information Memorandum on a date to coincide with the
operative date of CHX Sub-second Non-displayed Auction Process
(``SNAP''),\18\ which will not occur during the thirty (30) day pre-
operative waiting period contained in Exchange Act Rule 19b-
4(f)(6)(iii).\19\
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    \18\ The proposed rule change to adopt SNAP was recently
approved, but is not yet operative. See Securities Exchange Act
Release No. 76087 (October 6, 2015), 80 FR 61540 (October 13, 2015).
    \19\ Id.
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act in general \20\ and furthers the objectives of Section
6(b)(5) in particular,\21\ 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 and perfect the mechanisms of a free and open
market, and, in general, to protect investors and the public interest.
Specifically, the Exchange believes that the proposal removes
impediments and perfects the mechanisms of a free and open market by
streamlining the CHX Routing Services through simplifying the smart
versus direct routing protocol, which also protects investors and the
public interest.
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    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement of Burden on Competition

    The Exchange does not believe that the proposal will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, the Exchange
believes that the proposal will enhance competition by streamlining the
CHX Routing Services. Thus, the proposal is a competitive proposal that
is intended to draw additional order flow to the Exchange, which will,
in turn, benefit the Exchange and all Participants.

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

    No written comments were either solicited or 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 \22\ and Rule 19b-
4(f)(6) thereunder.\23\
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    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), CHX provided the Commission with written notice of its
intent to file the proposed rule change, along with a brief
description and the text of 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.
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    The Exchange has requested that the Commission waive the
requirement that the rule change not become operative for 30 days after
the date of the filing as set forth in Rule 19b-4(f)(6)(iii),\24\ so
that the proposal may become immediately operative upon filing. The
Exchange has stated that it desires to operate under the proposal to
begin always directing a third-party routing broker to route orders to
specific destinations on October 29, 2015, allowing the proposal to be
fully implemented prior to the Exchange's Regulation SCI compliance
date of November 3, 2015.\25\ Waiver of the operative waiting period
and implementation prior to the SCI compliance date would permit the
Exchange to exclude the third-party routing broker from its Regulation
SCI compliance responsibilities. In addition, the Exchange believes
that an operative date ahead of the Exchange's actual Regulation SCI
compliance date is necessary to better ensure that the proposed
modification is operating properly before the Exchange's Regulation SCI
compliance date. For those reasons, the Commission finds that waiver of
the 30-day pre-operative waiting period is consistent with the
protection of investors and the public. The Commission hereby waives
the 30-

day operative delay and designates the proposal effective upon
filing.\26\
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    \24\ 17 CFR 240.19b-4(f)(6)(iii).
    \25\ See supra note 17.
    \26\ For purposes of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. 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-CHX-2015-08 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-CHX-2015-08. 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 20549-1090. Copies of the filing will also be available
for inspection and copying at the Exchange's principal office. 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-CHX-2015-08 and should be
submitted on or before November 27, 2015.
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    \27\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-28267 Filed 11-5-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Rules and Regulations]
[Pages 65274-65276]
[FR Doc No: 2016-22736]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-5388; Airspace Docket No. 16-ACE-4]

Revocation of Class E Airspace; Alliance, NE; and Amendment of
Class E Airspace for the Following Nebraska Towns; Albion, NE;
Alliance, NE; Gothenburg, NE; Holdrege, NE; Imperial, NE; Lexington,
NE; and Millard Airport, Omaha, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes Class E surface area airspace at Alliance
Municipal Airport, Alliance, NE; and modifies Class E airspace
extending upward from 700 feet above the surface at Albion Municipal
Airport, Albion, NE; Alliance Municipal Airport, Alliance, NE; Quinn
Field, Gothenburg,

NE; Brewster Field Airport, Holdrege, NE; Imperial Municipal Airport,
Imperial, NE; Jim Kelly Field, Lexington, NE; and Millard Airport,
Omaha, NE. Decommissioning of non-directional radio beacons (NDB),
cancellation of NDB approaches, and implementation of area navigation
(RNAV) procedures have made this action necessary for the safety and
management of Instrument Flight Rules (IFR) operations at the above
airports. This action also updates the geographic coordinates for Quinn
Field, Imperial Municipal Airport, and Jim Kelly Field to coincide with
the FAA's aeronautical database.

DATES: Effective 0901 UTC, January 5, 2017. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11A and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, 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:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; 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 removes Class E surface area airspace at Alliance Municipal
Airport, Alliance, NE; and modifies Class E airspace extending upward
from 700 feet above the surface at Albion Municipal Airport, Albion,
NE; Alliance Municipal Airport; Quinn Field, Gothenburg, NE; Brewster
Field Airport, Holdrege, NE; Imperial Municipal Airport, Imperial, NE;
Jim Kelly Field, Lexington, NE; and Millard Airport, Omaha, NE.

History

    On May 3, 2016, the FAA published in the Federal Register a notice
of proposed rulemaking (NPRM) to remove Class E surface area airspace
at Alliance Municipal Airport, Alliance, NE; and modify Class E
airspace extending upward from 700 feet above the surface at Albion
Municipal Airport, Albion, NE; Alliance Municipal Airport; Quinn Field,
Gothenburg, NE; Brewster Field Airport, Holdrege, NE; Imperial
Municipal Airport, Imperial, NE; Jim Kelly Field, Lexington, NE; and
Millard Airport, Omaha, NE. (81 FR 26503) Docket No. FAA-2016-5388.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in paragraph 6002 and
6005, respectively, of FAA Order 7400.11A, dated August 3, 2016, and
effective September 15, 2016, 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.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 removes Class E surface area airspace at Alliance Airport,
Alliance, NE., as the airspace is no longer needed. This action also
modifies Class E airspace extending upward from 700 feet above the
surface at the following airports:
    Within a 6.7-mile radius of Albion Municipal Airport, Albion, NE.,
with segments extending from the 6.7-mile radius to 9,7 miles
southeast, and 6.7 miles northwest, of the airport;
    Within a 7.2-mile radius of Alliance Municipal Airport, Alliance,
NE;
    Within a 7.3-mile radius of Quinn Field, Gothenburg, NE., with
segments extending from the 7.3-mile radius of the airport to 11.1
miles northeast, and 7.3 miles southwest, of the airport;
    Within a 6.5-mile radius of Brewster Field Airport, Holdrege, NE;
    Within a 6.5-mile radius of Imperial Municipal Airport, Imperial,
NE;
    Within a 6.5-mile radius of Jim Kelly Field, Lexington, NE;
    And within a 6.7-mile radius of Millard Airport, Omaha, NE.
    Airspace reconfiguration is necessary due to the decommissioning of
NDBs, cancellation of NDB approaches, and implementation of RNAV
procedures at the above airports for the safety and management of the
standard instrument approach procedures for IFR operations at the
airports. The geographic coordinates for Quinn Field, Imperial
Municipal Airport, and Jim Kelly Field are updated to be in concert
with the FAAs aeronautical database.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. 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 only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially

significant environmental impacts, and no extraordinary circumstances
exist that warrant preparation of an environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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 FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ACE NE E2 Alliance, NE [Removed]

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

* * * * *

ACE NE E5 Albion, NE [Amended]

Albion Municipal Airport, NE
    (Lat. 41[deg]43'43'' N., long. 98[deg]03'21'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Albion Municipal Airport, and within 2.6
miles each side of the 154[deg] bearing from the airport extending
from the 6.7-mile radius to 9.7 miles southeast of the airport, and
within 3.7 miles each side of the 334[deg] bearing from the airport
extending from the 6.7-mile radius to 10.1 miles northwest from the
airport.
* * * * *

ACE NE E5 Alliance, NE [Amended]

Alliance Municipal Airport, NE
    (Lat. 42[deg] 03'12'' N., long. 102[deg]48'14'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.2-mile radius of Alliance Municipal Airport.
* * * * *

ACE NE E5 Gothenburg, NE [Amended]

Gothenburg, Quinn Field, NE
    (Lat. 40[deg]55'32'' N., long. 100[deg]08'48'' W.)

    That airspace extending upward from 700 feet above the surface
within an 7.3-mile radius of Quinn Field, and within 4 miles each
side of the 030[deg] bearing from the airport extending from the
7.3-mile radius to 11.1 miles northeast of the airport, and within 4
miles each side of the 218[deg] bearing from the airport extending
from the 7.3-mile radius to 10.5 miles southwest of the airport.
* * * * *

ACE NE E5 Holdrege, NE [Amended]

Holdrege, Brewster Field Airport, NE
    (Lat. 40[deg]27'08'' N., long. 99[deg]20'11'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Brewster Field Airport.
* * * * *

ACE NE E5 Imperial, NE [Amended]

Imperial Municipal Airport, NE
    (Lat. 40[deg]30'37'' N., long. 101[deg]37'13'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Imperial Municipal Airport.
* * * * *

ACE NE E5 Lexington, NE [Amended]

Lexington, Jim Kelly Field, NE
    (Lat. 40[deg]47'26'' N., long. 99[deg]46'33'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Jim Kelly Field.
* * * * *

ACE NE E5 Omaha, Millard Airport, NE [Amended]

Omaha, Millard Airport, NE
    (Lat. 41[deg]11'46'' N., long. 96[deg]06'44'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Millard Airport.

    Issued in Fort Worth, Texas, on September 9, 2016.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-22736 Filed 9-21-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: January 9, 2009 (Volume 74, Number 6)]
[Notices]
[Page 980-982]
[DOCID:fr09ja09-82]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-98-3637; FMCSA-00-8203; FMCSA-02-12844; FMCSA-04-
17984; FMCSA-06-24015; FMCSA-06-26066]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
9 individuals. FMCSA has statutory authority to exempt individuals from
the vision requirement if the exemptions granted will not compromise
safety. The Agency has concluded that granting these exemption renewals
will provide a level of safety that is equivalent to, or greater than,
the level of safety maintained without the exemptions for these
commercial motor vehicle (CMV) drivers.

DATES: This decision is effective February 7, 2009. Comments must be
received on or before February 9, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-98-3637; FMCSA-00-8203; FMCSA-
02-12844; FMCSA-04-17984; FMCSA-06-24015; FMCSA-06-26066, using any of
the following methods.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://DocketInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 9 individuals who have requested a renewal of
their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 9 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Jose C. Azuara, Timothy A. DeFrange, Casey R. Johnson, Thomas J. Boss,
Scott D. Goalder, Myriam Rodriguez, Fabian L. Burnett, Robert J.
Johnson, James E. Savage.

    These exemptions are extended subject to the following conditions:
(1) That each individual have a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file and
retain a copy of the certification on his/her person while driving for
presentation to a duly authorized Federal, State, or local enforcement
official. Each exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 9 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (63 FR 30285; 63 FR 54519; 65 FR 66293; 68 FR 1654; 69 FR
71098; 72 FR 1054; 67 FR 68719; 68 FR 2629; 69 FR 71100; 72 FR 1053; 69
FR 33997; 69 FR 61292; 72 FR 184; 72 FR 5490; 71 FR 14566; 71 FR 30227;
71 FR 63379; 72 FR 1050). Each of these 9 applicants has requested
renewal of the exemption and has submitted evidence showing that the
vision in the better eye continues to meet the standard specified at 49
CFR 391.41(b)(10) and that the vision impairment is stable. In
addition, a review of each record of safety while driving with the
respective vision deficiencies over the past two years indicates each
applicant continues to meet the vision exemption standards. These
factors provide an adequate basis for predicting each driver's ability
to continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a
period of two years is likely to achieve a level of safety equal to
that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data

concerning the safety records of these drivers submit comments by
February 9, 2009.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 9 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was based on the merits of each
case and only after careful consideration of the comments received to
its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all of these drivers, are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: December 29, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-191 Filed 1-8-09; 8:45 am]

BILLING CODE 4910-EX-P