[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Notices]
[Pages 42030-42032]
[FR Doc No: 2016-15173]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78123; File No. SR-NASDAQ-2016-084]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Elimination of SPY Position Limits

June 22, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 10, 2016, The NASDAQ Stock Market LLC (``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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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 the
Substance of the Proposed Rule Change

    The Exchange proposes to extend for another twelve (12) month time
period the pilot program to eliminate position limits for options on
the SPDR[supreg] S&P 500[supreg] exchange-traded fund (``SPY ETF'' or
``SPY''),\3\ which list and trade under the symbol SPY (``SPY Pilot
Program'').
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    \3\ ``SPDR[supreg],'' ``Standard & Poor's[supreg],''
``S&P[supreg],'' ``S&P 500[supreg],'' and ``Standard & Poor's 500''
are registered trademarks of Standard & Poor's Financial Services
LLC. The SPY ETF represents ownership in the SPDR S&P 500 Trust, a
unit investment trust that generally corresponds to the price and
yield performance of the SPDR S&P 500 Index.
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    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant 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 purpose of the proposed rule change is to amend the
Supplementary Material at the end of Chapter III, Section 7 (Position
Limits) to extend the current pilot which expires on July 12, 2016 for
an additional twelve (12) month time period to July 12, 2017
(``Extended Pilot''). This filing does not propose any substantive
changes to the SPY Pilot Program. In proposing to extend the SPY Pilot
Program, the Exchange reaffirms its consideration of several factors
that supported the original proposal of the SPY Pilot Program,
including (1) the availability of economically equivalent products and
their respective position limits; (2) the liquidity of the option and
the underlying security; (3) the market capitalization of the
underlying security and the related index; (4) the reporting of large
positions and requirements surrounding margin; and (5) the potential
for market on close volatility.
    With this proposal, the Exchange submits the SPY report to the
Commission, which report reflects, during the time period from May 2015
through May 2016, the trading of standardized SPY options with no

position limits consistent with option exchange provisions.\4\ The
report was prepared in the manner specified in the Exchange's prior
rule filing extending the SPY Pilot Program.\5\ The Exchange notes that
it is unaware of any problems created by the SPY Pilot Program and does
not foresee any as a result of the proposed extension. The proposed
extension will allow the Exchange and the Commission additional time to
further evaluate the pilot program and its effect on the market.
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    \4\ The report is attached as Exhibit 3.
    \5\ See Securities Exchange Act Release No. 75413 (July 9,
2015), 80 FR 41519 (July 15, 2015) (SR-NASDAQ-2015-072).
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    As with the original proposal to establish the SPY Pilot Program,
the Exchange represents that a SPY Pilot Report will be submitted at
least thirty (30) days before the end of the Extended Pilot and would
analyze that period. The Pilot Report will detail the size and
different types of strategies employed with respect to positions
established as a result of the elimination of position limits in SPY.
In addition, the report will note whether any problems resulted due to
the no limit approach and any other information that may be useful in
evaluating the effectiveness of the Extended Pilot. The Pilot Report
will compare the impact of the SPY Pilot Program, if any, on the
volumes of SPY options and the volatility in the price of the
underlying SPY shares, particularly at expiration during the Extended
Pilot. In preparing the report the Exchange will utilize various data
elements such as volume and open interest. In addition the Exchange
will make available to Commission staff data elements relating to the
effectiveness of the SPY Pilot Program. Conditional on the findings in
the SPY Pilot Report, the Exchange will file with the Commission a
proposal to extend the pilot program, adopt the pilot program on a
permanent basis or terminate the pilot. If the SPY Pilot Program is not
extended or adopted on a permanent basis by the expiration of the
Extended Pilot, the position limits for SPY options would revert to
limits in effect prior to the commencement of the SPY Pilot Program.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it 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 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.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change would be
beneficial to market participants, including market makers,
institutional investors and retail investors, by permitting them to
establish greater positions when pursuing their investment goals and
needs. The Exchange also believes that economically equivalent products
should be treated in an equivalent manner so as to avoid regulatory
arbitrage, especially with respect to position limits. Treating SPY and
SPX options differently by virtue of imposing different position limits
is inconsistent with the notion of promoting just and equitable
principles of trade and removing impediments to perfect the mechanisms
of a free and open market. At the same time, the Exchange believes that
the elimination of position limits for SPY options would not increase
market volatility or facilitate the ability to manipulate the market.

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. In this regard, the Exchange notes that the rule change is
being proposed as a competitive response to similar filings that the
Exchange expects to be filed by other options exchanges. The Exchange
believes this proposed rule change is necessary to permit fair
competition among the options exchanges and to establish uniform
position limits for a multiply listed options class.

C. Self-Regulatory Organization's Statement on Comments on 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)(iii) of the Act \8\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \9\ 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.
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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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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-NASDAQ-2016-084 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-NASDAQ-2016-084. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be

available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
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 available publicly. All submissions should refer to
File Number SR-NASDAQ-2016-084, and should be submitted on or before
July 19, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-15173 Filed 6-27-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: December 1, 2008 (Volume 73, Number 231)]
[Rules and Regulations]
[Page 72714-72715]
[DOCID:fr01de08-4]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 556 and 558

[Docket No. FDA-2008-N-0039]

New Animal Drugs; Ractopamine

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of a new animal drug application
(NADA) filed by Elanco Animal Health. The NADA provides for use of
ractopamine hydrochloride Type A medicated articles to make Type B and
Type C medicated feeds used for increased rate of weight gain and
improved feed efficiency in finishing turkeys.

DATES: This rule is effective December 1, 2008.

FOR FURTHER INFORMATION CONTACT: Timothy Schell, Center for Veterinary
Medicine (HFV-128), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Elanco Animal Health, A Division of Eli
Lilly & Co., Lilly Corporate Center, Indianapolis, IN 46285, filed NADA
141-290 that provides for use of TOPMAX 9 (ractopamine hydrochloride)
Type A medicated article to make Type B and Type C medicated feeds used
for increased rate of weight gain and improved feed efficiency in
finishing turkeys. The NADA is approved as of November 12, 2008, and
the regulations in 21 CFR 556.570 and 558.500 are amended to reflect
the approval.
    In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and
effectiveness data and information submitted to

support approval of this application may be seen in the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m.,
Monday through Friday.
    The agency has carefully considered the potential environmental
effects of this action. FDA has concluded that the action will not have
a significant impact on the human environment, and that an
environmental impact statement is not required. The agency's finding of
no significant impact and the evidence supporting that finding,
contained in an environmental assessment, may be seen in the Division
of Dockets Management (see address in the previous paragraph) between 9
a.m. and 4 p.m., Monday through Friday.
    Under section 512(c)(2)(F)(ii) of the Federal Food, Drug, and
Cosmetic Act (the act) (21 U.S.C. 360b(c)(2)(F)(ii)), this approval
qualifies for 3 years of marketing exclusivity beginning on the date of
approval.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects

21 CFR Part 556

    Animal drugs, Foods.

21 CFR Part 558

    Animal drugs, Animal feeds.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under the
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 556 and
558 are amended as follows:

PART 556--TOLERANCES FOR RESIDUES OF NEW ANIMAL DRUGS IN FOOD

0
1. The authority citation for 21 CFR part 556 continues to read as
follows:

    Authority: 21 U.S.C. 342, 360b, 371.

0
2. In Sec.  556.570, add paragraph (b)(3) to read as follows:

Sec.  556.570  Ractopamine.

* * * * *
    (b) * * *
    (3) Turkeys--(i) Liver (the target tissue). The tolerance for
ractopamine (the marker residue) is 0.45 ppm.
    (ii) Muscle. The tolerance for ractopamine (the marker residue) is
0.1 ppm.

PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS

0
3. The authority citation for 21 CFR part 558 continues to read as
follows:

    Authority: 21 U.S.C. 360b, 371.

0
4. In Sec.  558.500:
0
a. Revise paragraph (d)(1);
0
b. Redesignate paragraphs (d)(2) and (d)(3) as paragraphs (d)(4) and
(d)(5);
0
c. Add new paragraphs (d)(2) and (d)(3);
0
d. In paragraph (e)(2)(i), in the ``Limitations'' column, remove ``Not
for animals intended for breeding.''; and
0
e. Add paragraph (e)(3).
    The revisions and additions read as follows:

Sec.  558.500  Ractopamine.

* * * * *
    (d) * * *
    (1) Labeling of Type B and Type C feeds shall bear the following:
``Not for animals intended for breeding.''
    (2) Labeling of Type B and Type C swine feeds shall bear the
following:
    (i) ``No increased benefit has been shown when ractopamine
concentrations in the diet are greater than 4.5 g/ton.''
    (ii) ``Ractopamine may increase the number of injured and/or
fatigued pigs during marketing.''
    (3) Labeling of Type B and Type C tom turkey feeds shall bear the
following: ``No increased benefit has been shown when ractopamine
concentrations in the diet are greater than 4.6 g/ton.''
* * * * *
    (e) * * *
    (3) Turkeys--

------------------------------------------------------------------------
                Combination
 Ractopamine    in  grams/     Indications     Limitations     Sponsor
in  grams/ton       ton          for use
------------------------------------------------------------------------
(i) 4.6 to     ............  Finishing hen   Feed                 000986
 11.8 (5 to                   turkeys: For    continuously
 13 ppm)                      increased       as sole
                              rate of         ration during
                              weight gain     the last 7 to
                              and improved    14 days prior
                              feed            to slaughter.
                              efficiency
                              when fed for
                              the last 7 to
                              14 days prior
                              to slaughter.
------------------------------------------------------------------------
(ii) 4.6 to    ............  Finishing tom   Feed                 000986
 11.8 (5 to                   turkeys: For    continuously
 13 ppm)                      increased       as sole
                              rate of         ration during
                              weight gain     the last 14
                              and improved    days prior to
                              feed            slaughter.
                              efficiency      Feeding
                              when fed for    ractopamine
                              the last 14     to tom
                              days prior to   turkeys
                              slaughter.      during
                                              periods of
                                              excessive
                                              heat can
                                              result in
                                              increased
                                              mortality.
------------------------------------------------------------------------

    Dated: November 24, 2008.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E8-28384 Filed 11-28-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Proposed Rules]
[Pages 18598-18599]
[FR Doc No: 2017-07791]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0237; Airspace Docket No. 16-ANM-10]

Proposed Establishment of Class E Airspace, Del Norte, CO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface at Astronaut Kent Rominger
Airport, Del Norte, CO, to support the development of Instrument Flight
Rules (IFR) operations under standard instrument approach and departure
procedures at the airport, for the safety and management of aircraft
within the National Airspace System.

DATES: Comments must be received on or before June 5, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2017-0237; Airspace Docket No. 16-ANM-10, at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.
    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: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW, Renton, WA 98057; 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 establish Class E airspace extending upward from
700 feet above the surface at Astronaut Kent Rominger Airport, Del
Norte, CO to support IFR operations in standard instrument approach and
departure procedures at the 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. Persons 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-2017-0237/
Airspace Docket No. 16-ANM-10''. 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 http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for 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 Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend 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 Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class E airspace extending
upward from 700 feet above the surface at Astronaut Kent Rominger
Airport, Del Norte, CO. Class E airspace would be established within a
7.3-mile radius of the Astronaut Kent Rominger Airport beginning at the
045[deg] bearing from the airport clockwise to the 265[deg] bearing
from the airport, thence directly to the point of beginning. This
airspace is necessary to support IFR operations in standard instrument
approach and departure procedures at the airport.
    Class E airspace designations are published in paragraph 6005 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.

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,
and 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 would 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;
AIRTRAFFIC 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.

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

ANM CO E5 Del Norte, CO [New]

Astronaut Kent Rominger Airport, CO
    (Lat. 37[deg]42'50'' N., long. 106[deg]21'07'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.3-mile radius of Astronaut Kent Rominger Airport
beginning at the 045[deg] bearing from the airport clockwise to the
265[deg] bearing from the airport, thence directly to the point of
beginning.

    Issued in Seattle, Washington, on April 7, 2017.
Sam S. L. Shrimpton,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-07791 Filed 4-19-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: January 6, 2006 (Volume 71, Number 4)]
[Notices]
[Page 957-958]
[DOCID:fr06ja06-71]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53044; File No. SR-CBOE-2005-114]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change and Amendment No. 1 Thereto Relating to Extension of the
Prospective Fee Reduction and DPM Linkage Fee Credit Programs

December 30, 2005.
    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 December 16, 2005, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. On December 22, 2005, CBOE filed Amendment No. 1 to the
proposed rule change.\3\ CBOE has designated this proposal as one
establishing or changing a due, fee, or other charge imposed by a self-
regulatory organization pursuant to Section 19(b)(3)(A) of the Act,\4\
and Rule 19b-4(f)(2) thereunder,\5\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change, as
amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, CBOE deleted all references to an
extension of the Fixed Annual Fee Program.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to amend its Fees Schedule to extend through January
31, 2006 the Prospective Fee Reduction Program and the DPM Linkage Fees
Credit Program. The text of the proposed rule change is available on
CBOE's Web site, http://www.cboe.com, at CBOE's principal office, and

at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to extend two Exchange-fee related programs
through the end of January 2006: The Prospective Fee Reduction Program
and the DPM Linkage Fees Credit Program.\6\ Each program is currently
due to expire at the end of 2005. The Exchange has determined to extend
each of these programs for an additional month because the Exchange's
2006 budget is expected to be approved in January 2006.
---------------------------------------------------------------------------

    \6\ See Sections 19 and 21 of the CBOE Fees Schedule,
respectively.
---------------------------------------------------------------------------

    Prospective Fee Reduction Program. The Exchange proposes to
continue the Prospective Fee Reduction Program (``PFRP'') through
January 31, 2006. No other changes to the PFRP are proposed. The
current PFRP took effect on August 1, 2004.\7\ The PFRP is intended to
reduce Market-Maker and DPM transaction fees in periods of high volume.
The Exchange will determine as part of its annual budget review process
whether the PFRP should be continued, modified or eliminated in the
future. Any proposed changes to the PFRP would be filed with the
Commission.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 50175 (August 10,
2004), 69 FR 51129 (August 17, 2004) (SR-CBOE-2004-38). See also
Securities Exchange Act Release No. 52111 (July 22, 2005), 70 FR
43729 (July 28, 2005) (SR-CBOE-2005-52) (extension of PFRP through
the end of 2005).
---------------------------------------------------------------------------

    DPM Linkage Fees Credit Program. The Exchange proposes to continue
the DPM Linkage Fees Credit Program (``Linkage Fees Credit'') through
January 31, 2006. No other changes to the Linkage Fees Credit are
proposed. The Linkage Fees Credit took effect on February 2, 2004 and
was amended twice.\8\ The Linkage Fees Credit is a program that credits
DPMs for transaction fees they incur related to the execution of
outbound P/A orders, as defined in the Plan for the Purpose of Creating
and Operating an Intermarket Option Linkage, to assist DPMs in
offsetting the additional costs they incur in routing orders to other
exchanges in order to obtain the National Best Bid or Offer. The
Exchange will determine as part of its annual budget review process
whether the Linkage Fees Credit should be continued, modified or
eliminated in the future. Any proposed changes to the Linkage Fees
Credit would be filed with the Commission.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release Nos. 49341 (March 1,
2004), 69 FR 10492 (March 5, 2004) (SR-CBOE-2004-08); 49769 (May 25,
2004), 69 FR 31145 (June 2, 2004) (SR-CBOE-2004-13); and 52660
(October 24, 2005), 70 FR 62355 (October 31, 2005) (SR-CBOE-2005-
80).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \9\ in general, and furthers the
objectives of Section 6(b)(4) of the Act \10\ in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among its members.
---------------------------------------------------------------------------

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

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

    CBOE believes that the proposed rule change would impose no burden
on competition that is 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

    CBOE did not solicit or receive any written comments with respect
to the proposal.

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

    The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \11\ and Rule
19b-4(f)(2) \12\ thereunder. Accordingly, the proposal is effective
upon filing with the Commission. 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.\13\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 17 CFR 240.19b-4(f)(2).
    \13\ The effective date of the original proposed rule change is
December 16, 2005, and the effective date of Amendment No. 1 is
December 22, 2005. For purposes of calculating the 60-day period
within which the Commission may summarily abrogate the proposed rule
change, as amended, under Section 19(b)(3)(C) of the Act, the
Commission considers the period to commence on December 22, 2005,
the date on which CBOE submitted Amendment No. 1. See 15 U.S.C.
78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-CBOE-2005-114 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street NE., Washington, DC 20549-9303.

All submissions should refer to File Number SR-CBOE-2005-114. 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. 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 available publicly. All submissions should refer to
File Number SR-CBOE-2005-114 and should be submitted on or before
January 27, 2006.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
Jonathan G. Katz,
Secretary.
[FR Doc. E6-22 Filed 1-5-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Rules and Regulations]
[Pages 64886-64887]
[FR Doc No: 2013-25624]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. [USCG-2013-0900]]

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway
(AICW), Albemarle and Chesapeake Canal, Chesapeake, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the SR 170/Centerville Turnpike Bridge,
at AICW mile 15.2, across Albemarle and Chesapeake Canal, at
Chesapeake, VA. The deviation is necessary to facilitate structural
repairs to the superstructure of the SR 170/Centerville Turnpike
Bridge. This temporary deviation will allow the drawbridge to change
the operating schedule on specific dates and times.

DATES: This deviation is effective from 7 a.m. on November 2, 2013
until 7 p.m. November 10, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0900] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Jim Rousseau, Bridge
Administration Branch Fifth District, Coast Guard, telephone (757) 398-
6557, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The City of Chesapeake, who owns and
operates this swing bridge, has requested a temporary deviation from
the current operating regulations set out in 33 CFR 117.997(i), to
facilitate structural repairs.
    Under the regular operating schedule, the S.R. 170/Centerville
Turnpike

Bridge, Albemarle and Chesapeake Canal mile 15.2, at Chesapeake, VA
shall open on signal at any time for commercial vessels carrying
liquefied flammable gas or other hazardous materials; From 6:30 a.m. to
8:30 a.m., and from 4 p.m. to 6 p.m., Monday through Friday, except
Federal holidays the draw need not open for the passage of recreational
or commercial vessels that do not qualify; Need not open for commercial
cargo vessels, including tug, and tug with tows, unless 2 hours advance
notice has been given to the S.R. 170/Centerville Turnpike Bridge at
(757) 547-3632; and from 8:30 a.m. to 4 p.m., Monday through Friday,
except Federal holidays, the draw need only be opened on the hour and
half hour. If any vessel is approaching the bridge and cannot reach the
draw exactly on the hour or half hour, the draw tender may delay the
opening ten minutes past the hour or half hour for the passage of the
approaching vessel and any other vessels that are waiting to pass. It
shall open on signal at all other times.
    The S.R. 170/Centerville Turnpike Bridge has a vertical clearance
in the open and closed position of unlimited and 4 feet, above mean
high water, respectively.
    Under this temporary deviation, the drawbridge will be operated
under the following schedule to facilitate superstructure repairs,
beginning at 7 a.m., on Saturday, November 2, 2013 and ending at 7
p.m., on Sunday, November 3, 2013, the drawbridge will open on signal
every three hours on the following schedule: on Saturday, November 2nd
at 7 a.m., 10 a.m., 1 p.m., 4 p.m., 7 p.m., 10 p.m. and on Sunday,
November 3rd at 1 a.m., 4 a.m., 7 a.m., 10 a.m., 1 p.m., 4 p.m. and 7
p.m.; will open on signal for hazardous material vessels with a one-
hour advance notice by calling<PHONE_NUMBER>); and will open for an
emergency as soon as safely possible. In case of inclement weather, the
alternate dates will be rescheduled to weekend of November 9 and
November 10, 2013. The bridge will operate under its current operating
schedule at all other times. The Coast Guard has carefully reviewed
bridge opening logs and coordinated the restrictions with commercial
and recreational waterway users.
    Vessels able to pass under the bridge in the closed position may do
so at anytime and are advised to proceed with caution. The drawbridge
will be able to open for emergencies as soon as safely possible. There
is no immediate alternate route for vessels transiting this section of
the AICW but vessels may pass before and after the closure each day.
The Coast Guard will also inform additional waterway users through our
Local and Broadcast Notices to Mariners of the closure periods for the
bridge so that vessels can arrange their transits to minimize any
impacts caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation.
    This deviation from the operating regulations is authorized under
33 CFR 117.35.

    Dated: October 16, 2013.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2013-25624 Filed 10-29-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Notices]
[Pages 69528-69530]
[FR Doc No: 2012-28005]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68220; File No. SR-NYSE-2012-66]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Interim Rule
Change Relating to Rule 440B(b)

November 13, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on November 13, 2012, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes an interim proposed rule change related to
Rule 440B(b) to provide that on November 12, 2012, the closing price
for 216 Exchange-listed securities that did not have a closing
transaction on the Exchange was the consolidated last sale price
available as of the end of regular trading hours on November 12, 2012,
and that such closing price shall be the Trigger Price for purposes of
determining whether a Short Sale Price Test has been triggered pursuant
to Rule 440B(c) on November 13, 2012. The text of the proposed rule
change is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the 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. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes an interim proposed rule change for Rule
440B(b) to provide that on November 12, 2012, the closing price for 216
Exchange-listed securities that did not have a closing transaction on
the Exchange was the consolidated last sale price available as of the
end of regular trading hours on November 12, 2012, and that such
closing price shall be the Trigger Price for purposes of determining
whether a Short Sale Price Test has been triggered pursuant to Rule
440B(c) on November 13, 2012. The Exchange proposes that this interim
proposed rule change be in effect until the Exchange has an opportunity
to amend its rules on a permanent basis.

    Rule 440B sets forth how the Exchange implements the provisions of
Rule 201 of Regulation SHO (``Rule 201'') \4\ under the Securities
Exchange Act of 1934 (the ``Act'') which, if triggered, imposes a
restriction on the prices at which securities may be sold short
(``Short Sale Price Test''). Among other things, Rule 201 requires
trading centers to establish, maintain, and enforce written policies
and procedures reasonably designed to prevent the execution or display
of a short sale order of a covered security at a price that is less
than or equal to the current national best bid if the price of a
covered security decreases by 10% or more from the covered security's
closing price as determined by the listing market for the covered
security as of the end of regular trading hours on the prior day.
Accordingly, Rule 201(b)(1)(i) delegates to the listing market how to
determine the closing price for a security.
---------------------------------------------------------------------------

    \4\ 17 CFR 242.201.
---------------------------------------------------------------------------

    Due to a systems issue at the Exchange on November 12, 2012, the
Exchange was unexpectedly unable to close 216 Exchange-listed
securities pursuant to the procedures set forth in Rule 123C. The
Exchange notes that market participants rely on the Exchange's official
closing price for purposes of calculating the value of mutual funds,
exchange traded funds, and various indices, among other things.
Accordingly, on November 12, 2012, the Exchange needed to designate an
official closing price for the 216 affected symbols that did not have a
closing transaction at the Exchange. Because those securities continued
to trade on other markets, the Exchange determined that the appropriate
official closing price for those securities should be the consolidated
last sale price available as of the end of regular trading hours on
November 12, 2012.\5\ The Exchange believes that using the consolidated
last sale price available as of the end of regular trading hours best
approximated the market's determination of the appropriate price of
such securities in the absence of a closing transaction on the listing
market.
---------------------------------------------------------------------------

    \5\ See http://markets.nyx.com/nyse/market-status/view/11558.
The Exchange notes that for the 216 affected securities, 212
securities had a consolidated last-sale eligible trade on November
12, 2012. For the four symbols that did not have a transaction on
November 12, 2012, the Exchange used the last available consolidated
last-sale eligible transaction that occurred during regular trading
hours.
---------------------------------------------------------------------------

    Rule 440B establishes procedures for the Exchange, as a listing
market, to determine whether a Short Sale Price Test has been triggered
for a covered security. Among other things, Rule 440B(b) defines the
``Trigger Price'' as the security's closing price on the listing market
as of the end of regular trading hours on the prior day. Rule
440B(c)(2) provides that if a covered security did not trade on the
Exchange on the prior trading day (due to a trading halt, trading
suspension, or otherwise), the Exchange's determination of the Trigger
Price shall be based on the last sale price on the Exchange for that
security on the most recent day on which the security traded. The
Exchange believes that Rule 440B(c)(2) does not contemplate how the
Exchange should determine the closing price in the unique circumstances
that occurred on November 12, 2012, namely, that due to a systems
issue, the Exchange was unable to conduct a closing transaction in
securities that otherwise were eligible to trade on other markets. In
particular, the reason why the Exchange did not trade the 216
securities was not because of a trading halt or trading suspension, and
the Exchange does not believe the ``or otherwise'' language in Rule
440B(c)(2) was designed to address the unanticipated scenario on
November 12, 2012 when due to a systems issue, the Exchange was unable
to hold a closing transaction in those securities.
    Because the Exchange has determined that the official closing price
of the 216 affected securities should be the consolidated last sale
price available as of the end of regular trading hours, the Exchange
similarly believes that such consolidated last sale prices should be
the closing price for purposes of determining the Trigger Price
pursuant to Rule 440B(b). Accordingly, the Exchange proposes this
interim proposed rule change for Rule 440B(b) to provide that for
circumstances when the Exchange does not have a closing transaction,
but securities are otherwise eligible to trade on other markets, the
Exchange shall use the consolidated last sale price available as of the
end of regular trading hours as the closing price for purposes of Rule
440B. The Exchange further proposes that such closing price shall be
the Trigger Price for purposes of determining whether a Short Sale
Price Test has been triggered on the following day pursuant to Rule
440B(c). The Exchange notes that the proposed interim rule proposal is
intended to be in place only until the Exchange has an opportunity to
amend its rules on a permanent basis to address this gap in its rules.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\7\ in particular, in that it
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 facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change will promote
just and equitable principles of trade because it provides for an
interim measure that provides clarity of how the Exchange, as a listing
market, determined the Trigger Price for 216 securities that did not
have a closing transaction at the Exchange on November 12, 2012. In
particular, the Exchange believes that using the consolidated last sale
price available as of the end of regular trading hours as the official
closing price for the affected securities on November 12, 2012 promotes
just and equitable principles of trade because the consolidated last
sale price represents the market's determination of the appropriate
price of the securities in the absence of a closing auction on the
primary market. The Exchange further believes that using a Trigger
Price based on the consolidated last sale price available as of the end
of regular trading hours for purposes of determining whether a Short
Sale Price Test has been triggered on November 13, 2012 promotes just
and equitable principles of trade because it provides transparency of
how the Exchange determined the closing price for purposes of
triggering a Short Sale Price Test on November 13, 2012.

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

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 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, along
with a brief description and 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.
The Commission has determined to waive the five-day prefiling period
in this case.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\12\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission hereby
grants the request.\13\ Waiving the 30-day operative delay will allow
the Exchange to provide transparency for how the Exchange determined
the closing price on November 12, 2012. The Commission believes it is
consistent with the protection of investors and the public interest to
waive the 30-day operative delay and, therefore, designates the
proposal as operative upon filing.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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.

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-NYSE-2012-66 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-NYSE-2012-66. 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 Section, 100 F Street
NE., Washington, DC 20549-1090. Copies of the filing will also be
available for inspection and copying at the NYSE's principal office and
on its Internet Web site at www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly.
    All submissions should refer to File Number SR-NYSE-2012-66 and
should be submitted on or before December 10, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-28005 Filed 11-16-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Rules and Regulations]
[Pages 66536-66539]
[FR Doc No: 2012-26825]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30867; Amdt. No. 3502]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective November 6, 2012. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 6, 2012.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW, Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1.FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2.The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420)Flight Technologies and Programs
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125),
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    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.
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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on October 12, 2012.
Ray Towles,
Deputy Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, Part 97, 14 CFR part 97, is amended by
amending Standard Instrument Approach Procedures, effective at 0901 UTC
on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [Amended]

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
       AIRAC date              State              City               Airport         FDC No.      FDC date                     Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
15-Nov-12...............  AK              St Paul Island.....  St Paul Island....       2/0145     09/25/12  LOC/DME BC RWY 18, Amdt 4A

15-Nov-12...............  WI              Portage............  Portage Muni......       2/0300     09/25/12  VOR/DME RNAV OR GPS RWY 17, Amdt 4
15-Nov-12...............  AR              Fort Smith.........  Fort Smith Rgnl...       2/0387     09/26/12  RADAR-1, Amdt 8B
15-Nov-12...............  MI              Saginaw............  MBS Intl..........       2/0437     09/25/12  VOR RWY 14, Amdt 13B
15-Nov-12...............  AL              Muscle Shoals......  Northwest Alabama        2/0580     09/25/12  VOR/DME RWY 11, Amdt 6
                                                                Rgnl.
15-Nov-12...............  AL              Muscle Shoals......  Northwest Alabama        2/0586     09/25/12  RNAV (GPS) RWY 18, Orig
                                                                Rgnl.
15-Nov-12...............  AL              Muscle Shoals......  Northwest Alabama        2/0587     09/25/12  RNAV (GPS) RWY 36, Orig-A
                                                                Rgnl.
15-Nov-12...............  KS              Pittsburg..........  Atkinson Muni.....       2/0645     09/25/12  VOR/DME RWY 4, Amdt 3B
15-Nov-12...............  MI              Mackinac Island....  Mackinac Island...       2/1097     09/25/12  RNAV (GPS) RWY 26, Orig
15-Nov-12...............  MO              Branson............  M. Graham Clark          2/1101     09/26/12  RNAV (GPS) RWY 12, Orig
                                                                Downtown.
15-Nov-12...............  MO              Branson............  M. Graham Clark          2/1103     09/26/12  RNAV (GPS) RWY 30, Orig
                                                                Downtown.
15-Nov-12...............  VT              Burlington.........  Burlington Intl...       2/1123     10/03/12  RNAV (GPS) Y RWY 15, Orig-A
15-Nov-12...............  NY              New York...........  John F Kennedy           2/1321     09/25/12  VOR OR GPS RWY 13L/13R, Amdt 18B
                                                                Intl.
15-Nov-12...............  CA              Fullerton..........  Fullerton Muni....       2/1328     09/25/12  RNAV (GPS) RWY 24, Orig
15-Nov-12...............  MO              Fredericktown......  A. Paul Vance            2/1909     09/25/12  RNAV (GPS) RWY 1, Orig-B
                                                                Fredericktown
                                                                Rgnl.
15-Nov-12...............  MO              Fredericktown......  A. Paul Vance            2/1910     09/25/12  RNAV (GPS) RWY 19, Orig-B
                                                                Fredericktown
                                                                Rgnl.
15-Nov-12...............  IL              Morris.............  Morris Muni-James        2/2119     09/25/12  VOR-A, Orig-B
                                                                R. Washburn Field.
15-Nov-12...............  OK              Muskogee...........  Davis Field.......       2/2507     09/25/12  RNAV (GPS) RWY 31, Amdt 1A
15-Nov-12...............  OK              Muskogee...........  Davis Field.......       2/2508     09/25/12  RNAV (GPS) RWY 4, Amdt 1
15-Nov-12...............  OK              Muskogee...........  Davis Field.......       2/2509     09/25/12  RNAV (GPS) RWY 13, Orig
15-Nov-12...............  OK              Muskogee...........  Davis Field.......       2/2510     09/25/12  RNAV (GPS) RWY 22, Orig
15-Nov-12...............  WI              Milwaukee..........  General Mitchell         2/3463     09/25/12  RNAV (GPS) RWY 1L, Amdt 1
                                                                Intl.
15-Nov-12...............  NY              Ticonderoga........  Ticonderoga Muni..       2/3747     09/25/12  RNAV (GPS) RWY 2, Amdt 1
15-Nov-12...............  NY              Ticonderoga........  Ticonderoga Muni..       2/3749     09/25/12  RNAV (GPS) RWY 20, Amdt 1
15-Nov-12...............  VT              Burlington.........  Burlington Intl...       2/4029     10/03/12  VOR RWY 1, Amdt 11E
15-Nov-12...............  VT              Burlington.........  Burlington Intl...       2/4031     10/03/12  ILS OR LOC/DME RWY 33, Amdt 1
15-Nov-12...............  VT              Burlington.........  Burlington Intl...       2/4032     10/03/12  ILS OR LOC/DME RWY 15, Amdt 23C
15-Nov-12...............  VT              Burlington.........  Burlington Intl...       2/4033     10/03/12  RNAV (GPS) RWY 1, Orig-A
15-Nov-12...............  VT              Burlington.........  Burlington Intl...       2/4039     10/03/12  RNAV (GPS) Y RWY 33, Orig
15-Nov-12...............  VT              Burlington.........  Burlington Intl...       2/4045     10/03/12  RNAV (GPS) Z RWY 15, Orig-C
15-Nov-12...............  VT              Burlington.........  Burlington Intl...       2/4047     10/03/12  RNAV (GPS) Z RWY 33, Orig
15-Nov-12...............  NH              Manchester.........  Manchester........       2/4212     09/25/12  VOR/DME RWY 17, Orig-D
15-Nov-12...............  AZ              Payson.............  Payson............       2/5187     09/25/12  TAKEOFF MINIMUMS AND (OBSTACLE) DP, Amdt 1
15-Nov-12...............  SC              Greenville.........  Greenville               2/5731     09/26/12  NDB RWY 1, Amdt 22
                                                                Downtown.
15-Nov-12...............  SC              Greenville.........  Greenville               2/5732     09/26/12  RNAV (GPS) RWY 10, Orig
                                                                Downtown.
15-Nov-12...............  SC              Greenville.........  Greenville               2/5733     09/26/12  RNAV (GPS) RWY 19, Orig
                                                                Downtown.
15-Nov-12...............  NJ              Newark.............  Newark Liberty           2/5734     10/03/12  RNAV (RNP) Z RWY 4R, Orig-B
                                                                Intl.
15-Nov-12...............  NJ              Newark.............  Newark Liberty           2/5735     10/03/12  RNAV (GPS) RWY 4L, Amdt 2
                                                                Intl.
15-Nov-12...............  SC              Greenville.........  Greenville               2/5736     09/26/12  ILS OR LOC RWY 1, Amdt 29
                                                                Downtown.
15-Nov-12...............  SC              Greenville.........  Greenville               2/5737     09/26/12  RNAV (GPS) RWY 1, Orig
                                                                Downtown.
15-Nov-12...............  NJ              Newark.............  Newark Liberty           2/5738     10/03/12  RNAV (GPS) RWY 22R, Amdt 1B
                                                                Intl.
15-Nov-12...............  NJ              Newark.............  Newark Liberty           2/5740     10/03/12  RNAV (RNP) Y RWY 22L, Orig-F
                                                                Intl.
15-Nov-12...............  NJ              Newark.............  Newark Liberty           2/5742     10/03/12  RNAV (RNP) Y RWY 29, Amdt 1
                                                                Intl.
15-Nov-12...............  NJ              Newark.............  Newark Liberty           2/5745     10/03/12  RNAV (GPS) Z RWY 22L, Amdt 1D
                                                                Intl.
15-Nov-12...............  NJ              Newark.............  Newark Liberty           2/5747     10/03/12  RNAV (RNP) Z RWY 29, Orig-C
                                                                Intl.
15-Nov-12...............  NJ              Newark.............  Newark Liberty           2/5748     10/03/12  RNAV (GPS) RWY 11, Orig-C
                                                                Intl.
15-Nov-12...............  TX              Tyler..............  Tyler Pounds Rgnl.       2/6150     09/26/12  RNAV (GPS) RWY 22, Amdt 2
15-Nov-12...............  MO              St Louis...........  Lambert-St Louis         2/6872     09/26/12  RNAV (GPS) RWY 6, Amdt 1
                                                                Intl.
15-Nov-12...............  AR              Marianna...........  Marianna/Lee             2/7417     09/06/12  RNAV (GPS) RWY 36, Orig
                                                                County-Steve
                                                                Edwards Field.
15-Nov-12...............  AR              Marianna...........  Marianna/Lee             2/7419     09/06/12  RNAV (GPS) RWY 18, Orig
                                                                County-Steve
                                                                Edwards Field.
15-Nov-12...............  OH              Chillicothe........  Ross County.......       2/7420     09/06/12  VOR RWY 23, Amdt 3C
15-Nov-12...............  NM              Hobbs..............  Lea County Rgnl...       2/7421     09/06/12  TAKEOFF MINIMUMS AND (OBSTACLE) DP, Orig
15-Nov-12...............  NE              Gordon.............  Gordon Muni.......       2/7422     09/25/12  RNAV (GPS) RWY 4, Amdt 1
15-Nov-12...............  FL              Sebastian..........  Sebastian Muni....       2/7940     09/26/12  RNAV (GPS) RWY 22, Orig
15-Nov-12...............  WV              Martinsburg........  Eastern WV Rgnl/         2/8018     09/26/12  RNAV (GPS) RWY 26, Orig
                                                                Shepherd Fld.

15-Nov-12...............  WV              Martinsburg........  Eastern WV Rgnl/         2/8019     09/26/12  ILS OR LOC RWY 26, Amdt 8
                                                                Shepherd Fld.
15-Nov-12...............  WV              Martinsburg........  Eastern WV Rgnl/         2/8020     09/26/12  VOR-A, Amdt 9A
                                                                Shepherd Fld.
15-Nov-12...............  WV              Martinsburg........  Eastern WV Rgnl/         2/8021     09/26/12  RNAV (GPS) RWY 8, Orig
                                                                Shepherd Fld.
15-Nov-12...............  IL              Moline.............  Quad City Intl....       2/8601     09/25/12  TAKEOFF MINIMUMS AND (OBSTACLE) DP, Amdt 1
15-Nov-12...............  IL              Morris.............  Morris Muni-James        2/9013     09/25/12  RNAV (GPS) RWY 36, Amdt-1
                                                                R. Washburn Field.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-26825 Filed 11-5-12; 8:45 am]
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