[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Rules and Regulations]
[Pages 5-6]
[FR Doc No: 2011-33570]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0866; Airspace Docket No. 11-AAL-15]

Amendment of Class E Airspace; Kipnuk, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace at Kipnuk, AK. The
revision of two standard instrument approach procedures at the Kipnuk
Airport has made this action necessary to enhance safety and management
of Instrument Flight Rules (IFR) operations.

DATES: Effective date, 0901 UTC, April 5, 2012. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Jeanette Roller, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On August 31, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend controlled airspace at
Kipnuk, AK (76 FR 54149). 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 6005 of
FAA Order 7400.9V dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in that Order. Except for editorial changes, this rule is
the same as published in the NPRM.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by modifying Class E airspace extending upward from 700 feet
above the surface, at Kipnuk Airport, to accommodate IFR aircraft
executing the two revised standard instrument approach procedures at
the airport. This action is necessary for the safety and management of
IFR operations. The portion of the airspace that lies further than 12
miles offshore and overlaps Norton Sound Low and Control 1234L is being
amended under a separate rulemaking.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (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 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 discusses 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 modifies
controlled airspace at Kipnuk Airport, Kipnuk, AK.

List 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 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:

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

* * * * *

AAL AK E5 Kipnuk, AK [Modified]

Kipnuk Airport, AK
    (Lat. 59[deg]55'59'' N., long. 164[deg]01'50'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.9-mile

radius of the Kipnuk Airport, and that airspace extending upward
from 1,200 feet above the surface within a 73-mile radius of the
Kipnuk Airport, excluding that area outside 12 miles from the
shoreline within Norton Sound Low and Control 1234L.

    Issued in Seattle, Washington, on December 21, 2011.
William Buck,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011-33570 Filed 12-30-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Pages 37886-37888]
[FR Doc No: 2019-16505]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-D-2837]

Testing and Labeling Medical Devices for Safety in the Magnetic
Resonance Environment; Draft Guidance for Industry and Food and Drug
Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of the draft guidance entitled ``Testing and Labeling
Medical Devices for Safety in the Magnetic Resonance (MR)
Environment.'' FDA developed this draft guidance to provide FDA's
recommendations on the testing needed for assessing the safety and
compatibility of medical devices in the Magnetic Resonance (MR)
Environment and the recommended format for Magnetic Resonance Imaging
(MRI) Safety Information in medical device labeling. This draft
guidance document is anticipated to aid in consistency of reviews,
testing, and MRI safety labeling across a variety of medical devices.
This draft guidance is not final nor is it in effect at this time.

DATES: Submit either electronic or written comments on the draft
guidance by October 1, 2019 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to

the docket unchanged. Because your comment will be made public, you are
solely responsible for ensuring that your comment does not include any
confidential information that you or a third party may not wish to be
posted, such as medical information, your or anyone else's Social
Security number, or confidential business information, such as a
manufacturing process. Please note that if you include your name,
contact information, or other information that identifies you in the
body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-D-2837 for ``Testing and Labeling Medical Devices for Safety
in the Magnetic Resonance (MR) Environment.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the draft guidance document entitled
``Testing and Labeling Medical Devices for Safety in the Magnetic
Resonance (MR) Environment'' to the Office of Policy, Guidance and
Policy Development, Center for Devices and Radiological Health, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5431,
Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to
assist that office in processing your request.

FOR FURTHER INFORMATION CONTACT: Terry Woods, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 62, Rm. 2116, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The MR Environment presents unique safety hazards for patients and
other persons with devices near or inside an MR system. Ensuring safety
and effectiveness for a medical device intended to enter the MR
Environment should be an integral part of the device risk management.
Appropriate testing and labeling, such as well supported MR Conditional
labeling, should form the basis of adequate mitigations for the unique
safety hazards in the MR Environment. This guidance document outlines
FDA's current thinking on the testing needed for assessing the safety
and compatibility of medical devices in the MR Environment and the
recommended format for MRI Safety Information in device labeling.

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Testing and
Labeling Medical Devices for Safety in the Magnetic Resonance (MR)
Environment.'' It does not establish any rights for any person and is
not binding on FDA or the public. You can use an alternative approach
if it satisfies the requirements of the applicable statutes and
regulations. This guidance is not subject to Executive Order 12866.

III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by downloading an electronic copy from the internet. A search
capability for all Center for Devices and Radiological Health guidance
documents is available at https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/guidance-documents-medical-devices-and-radiation-emitting-products. This guidance document is also
available at https://www.regulations.gov. Persons unable to download an
electronic copy of ``Testing and Labeling Medical Devices for Safety in
the Magnetic Resonance (MR) Environment'' may send an email request to
<EMAIL_ADDRESS>to receive an electronic copy of the
document. Please use the document number 1500059 to identify the
guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information. These collections of information are subject to review by
the Office of Management and Budget (OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in
the following FDA regulations and guidance have been approved by OMB as
listed in the following table:

------------------------------------------------------------------------
                                                            OMB control
      21 CFR part or guidance               Topic               No.
------------------------------------------------------------------------
807, subpart E....................  Premarket                  0910-0120
                                     notification.
814, subparts A through E.........  Premarket approval..       0910-0231
814, subpart H....................  Humanitarian Device        0910-0332
                                     Exemption.
812...............................  Investigational            0910-0078
                                     Device Exemption.
``De Novo Classification Process    De Novo                    0910-0844
 (Evaluation of Automatic Class      classification
 III Designation)''.                 process.
``Requests for Feedback on Medical  Q-Submissions.......       0910-0756
 Device Submissions: The Pre-
 Submission Program and Meetings
 with Food and Drug Administration
 Staff''.
801 and 809.......................  Medical Device             0910-0485
                                     Labeling
                                     Regulations.
------------------------------------------------------------------------

    Dated: July 29, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-16505 Filed 8-1-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Notices]
[Pages 47731-47732]
[FR Doc No: 2017-22249]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2017-0141; FRL-9966-70]

Certain New Chemicals or Significant New Uses; Statements of
Findings for July 2017

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Section 5(g) of the Toxic Substances Control Act (TSCA)
requires EPA to publish in the Federal Register a statement of its
findings after its review of TSCA section 5(a) notices when EPA makes a
finding that a new chemical substance or significant new use is not
likely to present an unreasonable risk of injury to health or the
environment. Such statements apply to premanufacture notices (PMNs),
microbial commercial activity notices (MCANs), and significant new use
notices (SNUNs) submitted to EPA under TSCA section 5. This document
presents statements of findings made by EPA on TSCA section 5(a)
notices during the period from July 1, 2017 to July 31, 2017.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Greg Schweer, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
202-564-8469; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitters of the PMNs addressed in this
action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2017-0141, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William

Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the OPPT Docket is<PHONE_NUMBER>. Please review the visitor
instructions and additional information about the docket available at
http://www.epa.gov/dockets.

II. What action is the agency taking?

    This document lists the statements of findings made by EPA after
review of notices submitted under TSCA section 5(a) that certain new
chemical substances or significant new uses are not likely to present
an unreasonable risk of injury to health or the environment. This
document presents statements of findings made by EPA during the period
from July 1, 2017 to July 31, 2017.

III. What is the agency's authority for taking this action?

    TSCA section 5(a)(3) requires EPA to review a TSCA section 5(a)
notice and make one of the following specific findings:
     The chemical substance or significant new use presents an
unreasonable risk of injury to health or the environment;
     The information available to EPA is insufficient to permit
a reasoned evaluation of the health and environmental effects of the
chemical substance or significant new use;
     The information available to EPA is insufficient to permit
a reasoned evaluation of the health and environmental effects and the
chemical substance or significant new use may present an unreasonable
risk of injury to health or the environment;
     The chemical substance is or will be produced in
substantial quantities, and such substance either enters or may
reasonably be anticipated to enter the environment in substantial
quantities or there is or may be significant or substantial human
exposure to the substance; or
     The chemical substance or significant new use is not
likely to present an unreasonable risk of injury to health or the
environment.
    Unreasonable risk findings must be made without consideration of
costs or other non-risk factors, including an unreasonable risk to a
potentially exposed or susceptible subpopulation identified as relevant
under the conditions of use. The term ``conditions of use'' is defined
in TSCA section 3 to mean ``the circumstances, as determined by the
Administrator, under which a chemical substance is intended, known, or
reasonably foreseen to be manufactured, processed, distributed in
commerce, used, or disposed of.''
    EPA is required under TSCA section 5(g) to publish in the Federal
Register a statement of its findings after its review of a TSCA section
5(a) notice when EPA makes a finding that a new chemical substance or
significant new use is not likely to present an unreasonable risk of
injury to health or the environment. Such statements apply to PMNs,
MCANs, and SNUNs submitted to EPA under TSCA section 5.
    Anyone who plans to manufacture (which includes import) a new
chemical substance for a non-exempt commercial purpose and any
manufacturer or processor wishing to engage in a use of a chemical
substance designated by EPA as a significant new use must submit a
notice to EPA at least 90 days before commencing manufacture of the new
chemical substance or before engaging in the significant new use.
    The submitter of a notice to EPA for which EPA has made a finding
of ``not likely to present an unreasonable risk of injury to health or
the environment'' may commence manufacture of the chemical substance or
manufacture or processing for the significant new use notwithstanding
any remaining portion of the applicable review period.

IV. Statements of Administrator Findings Under TSCA Section 5(a)(3)(C)

    In this unit, EPA provides the following information (to the extent
that such information is not claimed as Confidential Business
Information (CBI)) on the PMNs, MCANs and SNUNs for which, during this
period, EPA has made findings under TSCA section 5(a)(3)(C) that the
new chemical substances or significant new uses are not likely to
present an unreasonable risk of injury to health or the environment:
     EPA case number assigned to the TSCA section 5(a) notice.
     Chemical identity (generic name, if the specific name is
claimed as CBI).
     Web site link to EPA's decision document describing the
basis of the ``not likely to present an unreasonable risk'' finding
made by EPA under TSCA section 5(a)(3)(C).
    EPA Case Number: P-17-0293; Chemical identity: Substituted
carbomonocycle, polymer with substituted carbonomoncycles, alkyl
substituted- alkanediols, alkanediol, alkanedioic acid, and dialkylene
glycol; polymer exemption flag (generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-73.
    EPA Case Number: P-14-0314; Chemical identity: Poly aliphatic
phosphate (generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-72.
    EPA Case Number: J-17-0008-0013; Chemical identity: Modified
microorganism (generic name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-71.
    EPA Case Number: P-17-0117-0118; Chemical identity: (P-17-0117):
1,6,10-Dodecatriene, 7,11-dimethyl-3-methylene-, (6E)-, homopolymer, 2-
hydroxypropyl-terminated (CASRN: 1898242-86-8); polymer exemption flag.
(P-17-0118): 1,6,10-Dodecatriene, 7,11-dimethyl-3-methylene-, (6E)-,
homopolymer, 2-hydroxyethyl-terminated (CASRN: 2007163-32-6); polymer
exemption flag; Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-70.
    EPA Case Number: P-17-0266; Chemical identity: Alcohols, C12-13-
branched and linear, dimerized (CASRN: 2041102-78-5); Web site link:
https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-69.
    EPA Case Number: P-17-0219; Chemical identity: Polyester of
aliphatic glycols and aromatic diacids; polymer exemption flag (generic
name); Web site link: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-68.
    EPA Case Number: P-17-0112; Chemical identity: 1,4-
Benzenedicarboxylic acid, polymer with hexanedioic acid and 1,6-
hexanediol (CASRN: 84191-80-0); polymer exemption flag; Web site link:
https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/tsca-section-5a3c-determination-67.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: September 29, 2017.
Greg Schweer,
Chief, New Chemicals Management Branch, Chemical Control Division,
Office of Pollution Prevention and Toxics.
[FR Doc. 2017-22249 Filed 10-12-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Proposed Rules]
[Pages 75531-75533]
[FR Doc No: 2022-26654]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1556; Airspace Docket No. 22-ASW-25]
RIN 2120-AA66

Proposed Amendment of Class D and E Airspace; Mesquite and
Dallas-Fort Worth, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class D at Mesquite, TX, and
the Class E airspace at Dallas-Fort Worth, TX. The FAA is proposing
this action due to an airspace review conducted as part of the
decommissioning of the Mesquite localizer (LOC). The geographic
coordinates of Granbury Regional Airport, Granbury, TX, would also be
updated to coincide with the FAA's aeronautical database.

DATES: Comments must be received on or before January 23, 2023.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2022-1556/Airspace Docket No. 22-ASW-25 at the beginning of your
comments. You may also submit comments through the internet at
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 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at 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.

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 would amend the Class D airspace at Mesquite Metro Airport,
Mesquite, TX, and the Class E airspace extending upward form 700 feet
above the surface at Mesquite Metro Airport, contained within the
Dallas-Fort Worth, TX airspace legal description, to support instrument
flight rule operations at this airport.

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-2022-1556/
Airspace Docket No. 22-ASW-25.'' 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 notice may be changed in light of the
comments received. 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 www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
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 the 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 Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, dated August 19, 2022, and effective
September 15, 2022. FAA Order JO 7400.11G is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11G
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 by:
    Amending the Class D airspace to within a 4.5-mile (increased from
a 3.5-mile) radius of Mesquite Metro Airport, Mesquite, TX; removing
the airspace extension south of the airport; removing the city
associated with the airport to comply with changes to FAA Order JO
7400.2N, Procedures for Handling Airspace Matters; and replacing the
outdated terms ``Notice to Airmen'' with ``Notice to Air Missions'' and
``Airport/Facility Directory'' with ``Chart Supplement'';
    And amending the Class E airspace extending upward from 700 feet
above the surface to within a 7-mile (increased from a 6.5-mile) radius
of Mesquite Metro Airport contained within the Dallas-Fort Worth, TX,
airspace legal description; removing the Mesquite Metro: RWY 18-LOC and
the associated extension from the airspace legal description; and
updating the geographic coordinates of the Granbury Regional Airport,
Granbury, TX, also contained within the Dallas-Fort Worth, TX, airspace
legal description.
    This action is the result of an airspace review conducted as part
of the decommissioning of the Mesquite LOC which provided navigation
information to the instrument procedures at Mesquite Metro Airport.
    Class D and E airspace designations are published in paragraphs
5000 and 6005, respectively, of FAA Order JO 7400.11G, dated August 19,
2022, and effective September 15, 2022, which is incorporated by
reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will be published subsequently in FAA Order JO
7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

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 will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would 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.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, 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 14 CFR 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.

71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW TX D Mesquite, TX [Amended]

Mesquite Metro Airport, TX
    (Lat. 32[deg]44'49'' N, long. 96[deg]31'50'' W)

    That airspace extending upward from the surface to but not
including 2,000 feet MSL within a 4.5-mile radius of Mesquite Metro
Airport. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Air Missions.
The effective dates and times will thereafter be continuously
published in the Chart Supplement.

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

* * * * *

ASW TX E5 Dallas-Fort Worth, TX [Amended]

Dallas-Fort Worth International Airport, TX
    (Lat. 32[deg]53'50'' N, long. 97[deg]02'16'' W)
McKinney National Airport, TX
    (Lat. 33[deg]10'37'' N, long. 96[deg]35'20'' W)
Ralph M. Hall/Rockwall Municipal Airport, TX
    (Lat. 32[deg]55'50'' N, long. 96[deg]26'08'' W)
Mesquite Metro Airport, TX
    (Lat. 32[deg]44'49'' N, long. 96[deg]31'50'' W)
Lancaster Regional Airport, TX
    (Lat. 32[deg]34'39'' N, long. 96[deg]43'03'' W)
Point of Origin
    (Lat. 32[deg]51'57'' N, long. 97[deg]01'41'' W)
Fort Worth Spinks Airport, TX
    (Lat. 32[deg]33'54'' N, long. 97[deg]18'30'' W)
Cleburne Regional Airport, TX
    (Lat. 32[deg]21'14'' N, long. 97[deg]26'02'' W)
Bourland Field, TX
    (Lat. 32[deg]34'55'' N, long. 97[deg]35'27'' W)
Granbury Regional Airport, TX
    (Lat. 32[deg]26'35'' N, long. 97[deg]49'17'' W)
Parker County Airport, TX
    (Lat. 32[deg]44'47'' N, long. 97[deg]40'57'' W)
Bridgeport Municipal Airport, TX
    (Lat. 33[deg]10'26'' N, long. 97[deg]49'42'' W)
Decatur Municipal Airport, TX
    (Lat. 33[deg]15'15'' N, long. 97[deg]34'50'' W)

    That airspace extending upward from 700 feet above the surface
within a 30-mile radius of Dallas-Fort Worth International Airport,
and within a 6.6-mile radius of McKinney National Airport, and
within 1.8 miles each side of the 002[deg] bearing from McKinney
National Airport extending from the 6.6-mile radius to 9.2 miles
north of the airport, and within a 6.3-mile radius of Ralph M. Hall/
Rockwall Municipal Airport, and within 1.6 miles each side of the
010[deg] bearing from Ralph M. Hall/Rockwall Municipal Airport
extending from the 6.3-mile radius to 10.8 miles north of the
airport, and within a 7-

mile radius of Mesquite Metro Airport, and within a 6.6-mile radius
of Lancaster Regional Airport, and within 1.9 miles each side of the
140[deg] bearing from Lancaster Regional Airport extending from the
6.6-mile radius to 9.2 miles southeast of the airport, and within 8
miles northeast and 4 miles southwest of the 144[deg] bearing from
the Point of Origin extending from the 30-mile radius of Dallas-Fort
Worth International Airport to 35 miles southeast of the Point of
Origin, and within a 6.5-mile radius of Fort Worth Spinks Airport,
and within 8 miles east and 4 miles west of the 178[deg] bearing
from Fort Worth Spinks Airport extending from the 6.5-mile radius to
21 miles south of the airport, and within a 6.9-mile radius of
Cleburne Regional Airport, and within 3.6 miles each side of the
292[deg] bearing from the Cleburne Regional Airport extending from
the 6.9-mile radius to 12.2 miles northwest of airport, and within a
6.5-mile radius of Bourland Field, and within a 8.8-mile radius of
Granbury Regional Airport, and within a 6.3-mile radius of Parker
County Airport, and within 8 miles east and 4 miles west of the
177[deg] bearing from Parker County Airport extending from the 6.3-
mile radius to 21.4 miles south of the airport, and within a 6.3-
mile radius of Bridgeport Municipal Airport, and within 1.6 miles
each side of the 040[deg] bearing from Bridgeport Municipal Airport
extending from the 6.3-mile radius to 10.6 miles northeast of the
airport, and within 4 miles each side of the 001[deg] bearing from
Bridgeport Municipal Airport extending from the 6.3-mile radius to
10.7 miles north of the airport, and within a 6.3-mile radius of
Decatur Municipal Airport, and within 1.5 miles each side of the
263[deg] bearing from Decatur Municipal Airport extending from the
6.3-mile radius to 9.2 miles west of the airport.

    Issued in Fort Worth, Texas, on December 5, 2022.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2022-26654 Filed 12-8-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 8, 2009 (Volume 74, Number 194)]
[Notices]
[Page 51891-51895]
[DOCID:fr08oc09-91]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60776; File No. SR-NASDAQ-2009-086]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposal To Amend
NASDAQ Rule 11890 Governing Clearly Erroneous Executions

October 2, 2009.
    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 1, 2009, The NASDAQ Stock Market LLC (``Exchange'' or
``NASDAQ'') 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. NASDAQ has
designated the proposed rule change as constituting a rule change under
Rule 19b-4(f)(6) under the Act,\3\ which renders the proposal 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\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    NASDAQ is proposing to amend NASDAQ Rule 11890 governing clearly
erroneous executions. The text of the filing is available at http://
nasdaqomx.cchwallstreet.com 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 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 those statements may be examined at
the places specified in Item IV below. NASDAQ 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
    NASDAQ proposes to amend NASDAQ Rule 11890 in order to improve the
exchange's rule regarding clearly erroneous executions. The proposed
changes are part of a market-wide effort designed to provide
transparency and finality with respect to clearly erroneous executions.
This effort seeks to achieve consistent results for participants across
U.S. equities exchanges while maintaining a fair and orderly market,
protecting investors and protecting the public interest. In addition,
NASDAQ has attempted to shorten and combine existing sections of Rule
11890 and has incorporated all of the prior Interpretive Materials into
the body of the rule. NASDAQ believes this will create a clearer and
more concise rule that will assist market participants in complying
with its terms. The proposed changes are more fully discussed below.
    Definition
    NASDAQ will amend the meaning of the definition of a clearly
erroneous execution, to add clarifying language with respect to
cancelled trades. The proposed change identifies that a transaction
made in error and agreed to be canceled by both parties or determined
by NASDAQ to be clearly erroneous will be removed from the Consolidated
Tape. A trade will only be removed from the Consolidated Tape when the
determination is deemed final and any applicable appeals have been
exhausted.
    Member Initiated Review Requests
    NASDAQ proposes to amend Rule 11890 to update the procedures for
requesting a review of a clearly erroneous transaction. NASDAQ proposes
that requests for review must be received by the exchange within 30
minutes of the execution time for orders initially routed to and
executed on NASDAQ. This is consistent with NASDAQ's current practice
and will be applied uniformly by other markets to provide a level of
consistency and certainty across market centers. As is the case under
the current rule, NASDAQ proposes that members submit certain essential
identifying information with the request including the time of the
transaction(s), security

symbol(s), number of shares, price(s), side (bought or sold), and
factual basis for believing that the trade is clearly erroneous. The
current rule allows members additional time to file at market open.
However, NASDAQ believes that a uniform 30 minutes is an appropriate
time frame for all trades that affords the requesting party sufficient
time to gather and submit all required information.
    The proposed rule also requires NASDAQ to notify the counterparty
to a trade upon receipt of a timely filed request for review that
satisfies the numerical guidelines set forth within the Rule (referred
to in the proposed amendments as ``Numerical Guidelines,'' which are
discussed in detail below). This proposed language eliminates the
requirement that counterparties be notified of every request for a
ruling and instead requires notice only when a request is filed in a
timely manner and satisfies the Numerical Guidelines. This change
alleviates the burden on NASDAQ of notifying the counterparties when a
request for review does not merit a ruling to break the trades at
issue.
    In addition, notification may be by one of several means, including
press release, system status, Web posting or any other method
reasonably expected to provide rapid notice to many market
participants. For example, NASDAQ anticipates streamlining the
notification process for counterparties when NASDAQ receives a high
volume of clearly erroneous filings. In such circumstances it might
issue an electronic system status message indicating which trades were
under review instead of more time consuming individual calls to each
counterparty. This will benefit market participants by expediting
notification that trades are under review and the decision with respect
to particular trades. NASDAQ would advise market participants of what
notification processes it will use through a Notice to Members or Head
Trader Alert.
    Routed Executions
    NASDAQ proposes to give other market centers an additional 30
minutes from the receipt of their participant's timely filing to
request a ruling, but no longer than 60 minutes from the time of the
execution under review. This provision accounts for those executions
initially directed to an away market center and subsequently routed by
that away market center to NASDAQ.
    For example, assume an order is initially routed by a participant
to Market Center A and subsequently routed to NASDAQ where the order is
executed at a price outside of the Numerical Guidelines. Without
additional time Market Center A might be late in filing with NASDAQ if
its customer takes almost 30 minutes to file the original complaint.
The proposal would give Market Center A up to 30 additional minutes
from the time its customer files with Market Center A to file with
NASDAQ for review. This provision caps the filing deadline for an away
market center at 60 minutes from the time of the execution under
review.
    Outlier Transactions
    The proposed amendments to Rule 11890 provide that an Official \4\
may consider requests for review received after thirty minutes, but not
longer than sixty minutes after the execution in question in the case
of an Outlier Transaction. An Outlier Transaction is a transaction
where (1) the execution price of the security is greater than three
times the current Numerical Guidelines, or (2) the execution price of
the security breaches the 52-week high or low, in which case NASDAQ may
consider Additional Factors to determine if the transaction qualifies
for review or if NASDAQ shall decline to act.
---------------------------------------------------------------------------

    \4\ As is the case under the current Rule 11890, designated
employees of NASDAQ (``Officials'') would have authority to review
member initiated requests under Rule 11890(a).
---------------------------------------------------------------------------

    Deletion of Current Rule 11890(a)(2)(D) Inside Price Minimum
Thresholds
    NASDAQ proposes to delete the inside price minimum thresholds that
currently apply to transactions during regular market hours (9:30 a.m.
to 4:00 p.m.). These thresholds establish which trades are eligible for
review and are different than the Numerical Guidelines. NASDAQ believes
that these thresholds, which predate the use of Numerical Guidelines,
add an extra layer of complexity to the filing process without
providing any meaningful benefit to investors or NASDAQ.
    Numerical Guidelines
    Currently, the Interpretive Materials to Rule 11890 provide
specific numerical guidelines for determining what constitutes a
clearly erroneous transaction. NASDAQ proposes codifying these
numerical thresholds, referred to as ``Numerical Guidelines,'' in the
rule to explicitly state what constitutes a clearly erroneous
execution. The proposal also adds Numerical Guidelines for leveraged
ETFs and ETNs, which are securities that have become increasingly
popular since the original numerical thresholds were adopted. The
proposed Numerical Guidelines state that a transaction executed during
the Core Trading Session \5\ or the Opening and Late Trading Sessions
\6\ may be found to be clearly erroneous only if the price of the
transaction is greater in the case of a buy, or less in the case of a
sale, than the reference price by an amount that equals or exceeds the
Numerical Guidelines for a particular transaction category. The
Reference Price shall be equal to the consolidated last sale
immediately prior to the execution under review, unless unusual
circumstances are present.
---------------------------------------------------------------------------

    \5\ The Core Trading Session begins at 9:30:00 a.m. and ends at
4:00:00 p.m. The Core Trading Session includes the NASDAQ Closing
Crosses, which are sometimes disseminated to the market a few
seconds after 4 p.m. due to the cross calculation process.
    \6\ The Opening Session begins at 07:00:00 a.m. and concludes
with the start of the Core Trading Session. The Late Trading Session
begins at the end of the Core Trading Session and continues until
8:00:00 p.m.
---------------------------------------------------------------------------

    The proposed Numerical Guidelines for sales greater than $0.00 and
up to and including $25.00 are 10% for the Core Trading Session and 20%
for the Opening and Late Trading Sessions. The proposed Numerical
Guidelines for sales greater than $25.00 up to and including $50.00 are
5% for the Core Trading Session and 10% for Opening and Late Trading
Sessions. The proposed Numerical Guidelines for sales greater than
$50.00 are 3% for the Core Trading Session and 6% for Opening and Late
Trading Sessions. A filing involving five or more securities by the
same member may be considered a ``Multi-Stock Event.'' In the case of a
Multi-Stock Event, the proposed guidelines are 10% for the Core Trading
Session and 10% for the Opening and Late Trading Sessions. In the case
of Leveraged ETF/ETN securities, the above guidelines are to be
multiplied by the leverage multiplier of the security. Executions that
do not meet or exceed the Numerical Guidelines will not be eligible to
be broken under this section. The following chart summarizes the
proposed Numerical Guidelines.

----------------------------------------------------------------------------------------------------------------
                                               Core Trading Session Numerical   Opening and late trading session
                                             Guidelines (subject transaction's    numerical guidelines (subject
  Reference price: Consolidated last sale          %  difference from the        transaction's % difference from
                                                  consolidated last sale):        the consolidated last sale):
----------------------------------------------------------------------------------------------------------------
Greater than $0.00 up to and including       10%..............................  20%
 $25.00.
Greater than $25.00 up to and including      5%...............................  10%
 $50.00.
Greater than $50.00........................  3%...............................  6%
Filings involving five or more securities    10%..............................  10%
 by the same participant may be considered
 a ``Multi-Stock Event''.
Leveraged ETF/ETN securities...............  Core Trading Session Numerical     Core Trading Session Numerical
                                              Guidelines multiplied by the       Guidelines multiplied by the
                                              leverage multiplier (i.e., 2x).    leverage multiplier (i.e., 2x).
----------------------------------------------------------------------------------------------------------------

    The following example explains the application of these guidelines.
ABC has a consolidated last sale of $10.00. During the Core Trading
Session Customer A enters a market order to buy 10,000 shares, although
it had intended a market order for 1,000 shares. Executions occur,
moving through the depth of the NASDAQ Book, as follows:

Trade 1--1,000 shares @ $10.00 (0% difference from
Reference Price)
Trade 2--5,000 shares @ $10.50 (5% difference from
Reference Price)
Trade 3--2,000 shares @ $11.00 (10% difference from
Reference Price)
Trade 4--1,000 shares @ $11.50 (15% difference from
Reference Price)
Trade 5--1,000 shares @ $12.00 (20% difference from
Reference Price)

    In this example, to be clearly erroneous the trades must be at a
price that is at least 10% higher than the consolidated last sale prior
to the series of executions. Absent any Unusual Circumstances or
Additional Factors (each discussed below), the NASDAQ Official would
break trades 3 through 5, priced at $11.00 and above,
as clearly erroneous, but would let stand trades 1 and
2. If instead the trade happened in the Late Trading Session,
where the a 20% difference from the Reference Price is required for
trades to be clearly erroneous, the NASDAQ Official would break only
Trade 5 and trades 1 through 4 would stand.
    Establishing Numerical Guidelines within the rule gives regulatory
transparency and consistency in the application of the rules of NASDAQ.
These Numerical Guidelines, which are substantially similar to existing
NASDAQ guidance, represent the general consensus developed based on the
collective experiences of a market-wide group. NASDAQ believes that the
Numerical Guidelines are fair and appropriate and apply evenly to all
participants.
    Unusual Circumstances
    NASDAQ further proposes that in unusual circumstances NASDAQ may,
in its discretion and with a view toward maintaining a fair and orderly
market and protecting investors and the public interest, use a
Reference Price other than the consolidated last sale. ``Unusual
Circumstances'' may include periods of extreme market volatility,
sustained illiquidity, or widespread system issues. Other Reference
Prices that NASDAQ may use would include the consolidated inside price,
the consolidated opening price, the consolidated prior close, or the
consolidated last sale prior to a series of executions.
    Under the proposed rule NASDAQ may also use a higher Numerical
Guideline if, after market participants have been alerted to erroneous
activity, the price of the security returns toward its prior trading
range but continues to trade beyond the price it would have normally
been broken.
    Joint Market Rulings
    In the interest of achieving consistency across markets, the
proposal would give NASDAQ the ability to use a different Reference
Price and/or Numerical Guideline in events that involve other markets.
In these instances the Reference Price would be determined based on a
consensus among the exchanges where the transactions occurred.
    Additional Factors
    The proposed amendments to Rule 11890 also enumerate some
additional factors that an Official may consider when determining
whether an execution is clearly erroneous. These factors include, but
are not limited to, system malfunctions or disruptions, volume and
volatility for the security, derivative securities products that
correspond to greater than 100% in the direction of a tracking index,
news released for the security, whether trading in the security was
recently halted/resumed, whether the security is an IPO, whether the
security was subject to a stock-split, reorganization, or other
corporate action, overall market conditions, Opening and Late Session
executions, validity of the consolidated tapes trades and quotes,
consideration of primary market indications, and executions
inconsistent with the trading pattern in the stock. Each additional
factor shall be considered with a view toward maintaining a fair and
orderly market, the protection of investors and the public interest.
NASDAQ believes market participants recognize that such factors will be
considered in reviewing potentially erroneous trades because Rule 11890
currently includes similar provisions.
    Numerical Guidelines Applicable to Volatile Market Opens
    The proposed amendments give NASDAQ the ability to expand the
Numerical Guidelines applicable to transactions occurring between 9:30
a.m. and 10:00 a.m. based on the disseminated value of the S&P 500
Futures at 9:15 a.m. When the S&P Futures are up or down 3%, or up to
but not including 5% at 9:15 a.m., the Numerical Guidelines are
doubled. When the S&P Futures are up or down 5% or greater at 9:15
a.m., the Numerical Guidelines are tripled. NASDAQ believes that the
S&P 500 futures contract is an appropriate and reliable barometer of
market activity prior to the market opening due to its broad based
market coverage and deep liquidity. Using the S&P 500 Futures
disseminated value at 9:15 a.m. as the barometer of market activity,
NASDAQ is providing a transparent means of offering adjusted guidelines
in times of volatile market activity.
    Review Procedures
    Initial Determination
    NASDAQ proposes adding language stating that a determination shall
be made generally within 30 minutes of receipt of the complaint, but in
no case later than the start of Core Trading on the following trading
day. Rulings made outside of 30 minutes will not fail for lack of
timeliness. The guideline simply provides participants an appropriate
expectation that a ruling will generally be made within 30 minutes and
in no case later than the start of Core Trading on the following
trading day.
    Appeals
    The current rule provides that the Market Operation Review
Committee (``MORC'') shall review and render a decision upon an appeal.
The proposed

rule offers more definite guidelines to ensure the expedient resolution
of appeals. It requires the MORC to review appeals as soon as
practicable, but generally on the same day as the executions under
review. Appeals received between 3 p.m. ET and the close of trading in
the Late Trading Session should be made as soon as practicable, but in
no case later than the trading day following the date of the execution
under review. While decisions by the MORC that do not meet these time
guidelines will still be valid, these guidelines will provide
participants with reasonable expectations of when a ruling on appeal
will generally be made. As is currently the case, all decisions
rendered under Rule 11890(a) (complaints of market participants) will
be subject to appeal to the MORC as will decisions rendered by a NASDAQ
Senior Official under Rule 11890(b) (decisions on NASDAQ's own motion),
except in cases where the Senior Official determines that the ruling
should not be eligible for appeal because finality is necessary to
maintain a fair and orderly market and to protect investors and the
public interest. This provision simply clarifies the fact that nothing
in the proposed rule limits or impedes the rights of the parties to
arbitrate their dispute.
    NASDAQ Acting on Its Own Motion
    The proposed rule would allow a designated ``Senior Official'' of
NASDAQ \7\ to review executions pursuant to Rule 11890(b). NASDAQ's
Rule 11890(b) is consistent with NYSE ARCA, Inc.'s Rule 7.10(g). The
Senior Official's decision would still be guided by the Numerical
Guidelines (including the Multi-Stock Event 10% threshold), Unusual
Circumstances and Additional Factors outlined above. In extraordinary
circumstances a Senior Official may apply a lower Numerical Guideline
if such action is necessary to maintain a fair and orderly market or
protect investors and the public interest. In some instances NASDAQ may
detect a single execution that breaches the Numerical Guidelines but is
not the subject of a ruling request. This provision gives NASDAQ the
ability to review such executions. In other cases, clearly erroneous
executions commonly involve multiple parties and multiple executions.
All affected parties may not request a ruling. NASDAQ proposes this
provision to permit a Senior Official to rule on a group of
transactions related to the same occurrence or event as a whole,
without a formal request for a ruling from every affected party.
---------------------------------------------------------------------------

    \7\ Currently only NASDAQ Executive Vice Presidents designated
by NASDAQ's President are eligible to make rulings under Rule
11890(b). NASDAQ proposes to expand this to include other officers
and senior level employees of NASDAQ as ``Senior Officials''
eligible to make rulings. NASDAQ's Chief Regulatory Officer would
designate Senior Officials with relevant market experience to
adjudicate these matters.
---------------------------------------------------------------------------

    As is currently the case, NASDAQ could break all trades in a
security if a pervasive mistake resulted in trading that should not
have occurred. For example, trades in a security that was incorrectly
authorized for trading prior to the date of its actual initial public
offering would all be broken. Similarly, if NASDAQ systems executed
orders in the NASDAQ opening cross or closing cross at a price that was
inconsistent with the rules governing the operation of the cross,
either due to a NASDAQ system error or because an underlying erroneous
order resulted in an erroneous opening or closing price, NASDAQ may
break all of the affected trades. Under Rule 11890(b), a NASDAQ Senior
Official may adjust trades, but this adjustment authority is limited to
extraordinary circumstances involving the closing cross.
    This rule change shall be effective October 5, 2009.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\8\ in general, and with Section
6(b)(5) of the Act,\9\ in particular, in that the proposal is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposed rule change
would coordinate standards of review of clearly erroneous trades across
markets, thereby eliminating conflicting rulings among exchanges and
disparate treatment of similarly priced trades.
---------------------------------------------------------------------------

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

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

    Nasdaq does not believe that the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act.

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 \10\ and Rule 19b-
4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 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 pursuant to Rule 19b-4(f)(6) under the
Act \12\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \13\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requests
that the Commission waive the 30-day operative delay so that it may
implement the new rule on October 5, 2009, the same date as the other
equities exchanges. 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 begin applying
the new rule on the same date as the other equities exchanges.\14\
Application of the new rule on this date should help foster
transparency and consistency among those exchanges that adopt clearly
erroneous execution rules substantially similar to those previously
approved by the Commission.\15\ For these reasons, the Commission
designates that the proposed rule change become operative on October 5,
2009.
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposal's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
    \15\ See Securities Exchange Act Release No. 60706 (September
22, 2009), 74 FR 49416 (September 28, 2009) (NYSEArca-2009-36).
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    At any time within 60 days of the filing of the proposed rule
change, the

Commission may summarily abrogate 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.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2009-086 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2009-086. This
file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. 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 publicly available. All
submissions should refer to File Number SR-NASDAQ-2009-086 and should
be submitted on or before October 29, 2009.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-24243 Filed 10-7-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Notices]
[Page 31176]
[FR Doc No: 2020-11097]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Number: PR20-60-000.
    Applicants: Columbia Gas of Ohio, Inc.
    Description: Tariff filing per 284.123(b),(e)/: COH Rates effective
Apr 29 2020 to be effective 4/29/2020.
    Filed Date: 5/14/2020.
    Accession Number:<PHONE_NUMBER>57.
    Comments/Protests Due: 5 p.m. ET 6/4/2020.

    Docket Numbers: RP19-57-001.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Compliance filing RP19-57 AGT Settlement to be
effective 6/1/2020.
    Filed Date: 5/15/20.
    Accession Number: 20200515-5103.
    Comments Due: 5 p.m. ET 5/27/20.

    Docket Numbers: RP20-872-000.
    Applicants: Northwest Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Limitation of Liability to be
effective 6/15/2020.
    Filed Date: 5/15/20.
    Accession Number: 20200515-5091.
    Comments Due: 5 p.m. ET 5/27/20.

    Docket Numbers: RP20-873-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: DPEs--PSNC (Battleground) to
be effective 6/15/2020.
    Filed Date: 5/15/20.
    Accession Number: 20200515-5100.
    Comments Due: 5 p.m. ET 5/27/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 18, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-11097 Filed 5-21-20; 8:45 am]
 BILLING CODE 6717-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on June 28, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-2004-17934

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Joint application of   Alaska Airlines, Inc. and Lan Chile S.A.  filed
5/19/04  for:

XX  Exemption for Alaska for two years under 49 U.S.C. 40109 to provide
the following service:

Scheduled foreign air transportation of property and mail between (1)
New York, New York (JFK), on the one hand, and Lima, Peru; and Santiago,
Chile, on the other hand, and (2) Miami, Florida, on the one hand and
Bogota, Colombia; and Caracas, Venezuela, on the other hand, and to
integrate this authority with its existing certificate and exemption
authority.  Alaska intends to operate this service pursuant to a
code-share arrangement with Lan Chile S.A.

XX  Statement of authorization for Lan Chile under 14 CFR Part 212 to:

Permit Lan Chile to transport property and mail under Alaska’s
designator code on Lan Chile’s scheduled flights between (1) New York,
New York (JFK), on the one hand, and Lima, Peru; and Santiago, Chile, on
the on the other, and (2) Miami, Florida, on the one hand; and Bogota,
Colombia; and Caracas, Venezuela, on the other.

Applicant rep: James M. Waldon,<PHONE_NUMBER> (Alaska) DOT Analyst:
Sylvia Moore,<PHONE_NUMBER>

                        Juan Carlos Menció,<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted  (subject to conditions, see below)

The above action with respect to Alaska’s exemption authority was
effective when taken:  June 28, 2004, through   June 28, 2006

The statement of authorization granted to Lan Chile was effective when
taken:   June 28, 2004, and will remain in effect indefinitely, subject
to the conditions listed below.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the Multilateral Agreement
on the Liberalization of International Air Transportation (to which the
United States and Chile are parties), the aviation agreement between the
United States and Peru, and the overall state of aviation relations
between the United States and Colombia and the United States and
Venezuela.

2

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

	   XX  Lan Chile’s foreign air carrier permit

	   XX  Standard exemption conditions (attached)

The exemption authority granted is subject to the following conditions:

The route integration authority granted is subject to the condition that
any service provided under this authority shall be consistent with the
applicable bilateral aviation agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of this authority requested should be construed as conferring upon
Alaska additional rights (including code-share, fifth-freedom
intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless Alaska first notifies the Department of its
intent to serve such a market and unless and until the Department has
completed any necessary carrier selection procedures to determine which
carrier(s) should be authorized to exercise such rights; and (b) should
there be a request by any carrier to use the limited-entry route rights
that are included in Alaska’s authority by virtue of the route
integration and blanket code-share authority granted here, but that are
not then being used by Alaska, the holding of such authority will not be
considered as providing any preference for Alaska in a competitive
carrier selection proceeding to determine which carrier(s) should be
entitled to use the authority at issue.

The statement of authorization granted is subject to the following
conditions:

(a)	The statement of authorization will remain in effect only as long as
(i) Alaska and Lan Chile continue to hold the necessary underlying
authority to operate the code-share services at issue, and (ii) the
code-share agreement providing for the code-share operations remains in
effect.

(b)	Alaska and/or Lan Chile must promptly notify the Department (Office
of International Aviation) if the code-share agreement providing for the
code-share operations is no longer effective or if the carriers decide
to cease operating all or a portion of the approved code-share services.
 Such notices should be filed in Docket OST-2002-13609.2

(c)	The code-sharing conducted under this authority must comply with
Part 257 and with any amendments to the Department’s regulations
concerning code-share arrangements that may be adopted.
Notwithstanding any provisions in the contract between the carriers, our
approval here is expressly conditioned upon the requirements that the
subject foreign air transportation be sold in the name of the carrier
holding out such service in the computer reservation systems and
elsewhere; and that the carrier selling such transportation (i.e., the
carrier shown on the waybill) accept responsibility for the entirety of
the code-share journey for all obligations established in its contract
of carriage with the shipper.  Further, the operating carrier shall not
permit the code of its U.S. air carrier code-sharing partner to be
carried on any flights that enter, depart, or transit the airspace of
any area for whose airspace the Federal Administration has issued a
flight prohibition.

(d)	The authority granted here is specifically conditioned so that
neither Alaska nor Lan Chile shall give any force or effect to any
contractual provisions between themselves that are contrary to these
conditions.

(e)	We may amend, modify, or revoke the authority granted at any time
without hearing at our discretion.

3

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

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

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

U.S. Carrier Exemption Conditions

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

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

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

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

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

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

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

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

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

									  05/2004

2 We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.