[Federal Register: January 18, 2006 (Volume 71, Number 11)]
[Notices]
[Page 2965-2966]
[DOCID:fr18ja06-85]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53067; File No. SR-NASD-2005-153]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend the Procedures for Review of Listing
Determinations

January 6, 2006.
    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 23, 2005, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), 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 Nasdaq. Nasdaq filed
this proposal pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule
19b-4(f)(6) thereunder \4\ as non-controversial, and therefore the
proposed rule change is effective immediately upon filing. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq proposes to amend the rules governing delisting proceedings
to permit delivery of documents by hand-delivery, overnight mail,
facsimile, or e-mail in all instances. The text of the proposed rule
change is below. Proposed new language is italicized; proposed
deletions are in [brackets].\5\
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    \5\ The proposed rule change is marked to show changes from the
rule as it appears in the electronic NASD Manual available at http://www.nasdr.com
.

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* * * * *
4813. Delivery of Documents
    Delivery of any document under this Rule 4800 Series [by an issuer,
Nasdaq, or the NASD] may be made by electronic delivery, hand delivery
[to the designated address], [by] facsimile [to the designated
facsimile number], or [and] overnight courier [to the designated
address, to Nasdaq or the NASD by e-mail, or to an issuer by e-mail if
the issuer consents to such method of delivery]. Delivery shall be
considered timely if the electronic delivery, hand delivery, fax, or
overnight courier is received on or before the relevant deadline. [hand
delivered prior to the relevant deadline or upon being e-mailed or
faxed and/or sent by overnight courier service prior to the relevant
deadline.] If an issuer has not specified a facsimile number, e-mail
address, or street address, delivery shall be made to the last known
facsimile number, e-mail address, and street address. If an issuer is
represented by counsel or a representative, delivery [shall] may be
made to the counsel or representative.
* * * * *

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    Nasdaq proposes to amend the rule governing delivery of documents
in delisting proceedings to allow the electronic delivery of documents
without specific consent to that delivery method. Nasdaq believes that
this change reflects current prevailing practice and a preference for
e-mail communication by Nasdaq issuers.\6\ Nasdaq believes this would
increase the efficiency, speed, and transparency of communication among
hearing participants and would also reduce the administrative burden on
Nasdaq created by the current requirement of overnight and facsimile
delivery in some instances.
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    \6\ Consistent with current practice related to delivery of
documents, the parties will give a specific address for any delivery
of documents involving electronic (or any other) means. Telephone
conversation between Jeffrey Davis, Associate Vice President, NASD,
and Florence E. Harmon, Senior Special Counsel, Division of Market
Regulation (``Division''), Commission, on January 5, 2006.
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2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 15A of the Act \7\ in general and with
Section 15A(b)(6) of the Act \8\ in particular in that the proposal is
designed to prevent fraudulent and manipulative acts and practices and
to protect investors and the public interest. Nasdaq believes that the
proposed change is designed to improve the procedures applicable to the
review of listing determinations, as well as to provide greater
transparency to these procedures.
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    \7\ 15 U.S.C. 78o-3.
    \8\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change would result
in 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

    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, if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
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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-NASD-2005-153 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.
    All submissions should refer to File Number SR-NASD-2005-153. 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 NASD. 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-NASD-2005-153 and
should be submitted on or before February 8, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-434 Filed 1-17-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Notices]
[Pages 39749-39751]
[FR Doc No: 2012-16435]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67298; File No. SR-EDGX-2012-22]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
New Simultaneous Routing Functionality

June 28, 2012.
    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 19, 2012, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    EDGX proposes to modify existing routing options contained in EDGX
Rule 11.9(b)(3) to provide Users \3\ with new simultaneous routing
functionality as a means by which Members' orders may be routed to
certain destinations on the System routing table. The text of the
proposed rule change is attached as Exhibit 5 and is available on the
Exchange's Web site at www.directedge.com, at the Exchange's principal
office, and at the Public Reference Room of the Commission.
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    \3\ As defined in Rule 1.5(ee).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the 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 self-regulatory organization has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.

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

1. Purpose
    The Exchange's current list of routing options is codified in Rule
11.9(b)(3). In this filing, the Exchange proposes to amend paragraph
(3) of Rule 11.9(b) to indicate that the Exchange reserves the right to
route orders both sequentially and simultaneously. This amendment
allows for simultaneous routing to certain destinations on the System
routing table. With respect to Rules 11.9(b)(3)(a), (b), (h), and (m),
specifically, the Exchange currently sends orders to certain
destinations on the System routing table only in a sequential manner.
For example, if an order cannot be filled after checking for available
shares on the Exchange's book, the Exchange will route such order to
certain destinations on the System routing table one at a time until
all such destinations are exhausted, the order is cancelled, or the
order is filled. As a result of the proposed change in functionality,
which would allow such

orders to be sent either sequentially or simultaneously, language in
paragraph (3) of Rule 11.9(b) will be amended to account for the fact
that the Exchange reserves the right to ``route orders simultaneously
or sequentially''. Other routing strategies in Rule 11.9(b) are already
written broadly enough to allow for both sequential or simultaneous
routing of orders, which the Exchange operates in a discretionary
manner depending on the type of venues with which the order flow is
routed to.\4\ Therefore, this amendment simply deletes the word
``sequentially'' from Rules 11.9(b)(3)(a), (b), (h), and (m) so that
the Exchange has the discretion to do simultaneous or sequential
routing as to these strategies.
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    \4\ Regarding simultaneous routing, the Exchange may, for
example, use a pro-rata mechanism to allocate the number of shares
from the parent order (i.e., a child order) among multiple dark
pools where each applicable venue will be assigned a relative weight
based on a variety of factors including, but not limited to,
latency, liquidity and transaction costs.
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    Simultaneous routing is an improvement on the current sequential
manner in which orders are filled because it allows an order to be
broken up into child orders to be sent to multiple destinations at one
time instead of to one venue after another. Doing so has the potential
to improve an order's fill rate, as well as reduce latency. The
Exchange believes that the proposed introduction of this functionality
will provide Users with increased access to multiple sources of
liquidity and greater flexibility in routing orders, without having to
develop their own complicated routing strategies. The Exchange also
believes the proposed modification will provide additional specificity
to the Exchange's rulebook regarding routing strategies and will
further enhance transparency with respect to Exchange routing
offerings.
    The Exchange will notify its Members in an information circular of
(a) the exact implementation date of this rule change, which will be no
later than July 31, 2012; and (b) the manner in which certain routing
options may function (i.e., sequentially or simultaneously), in an
effort to afford Members with transparency regarding the same.
2. Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) of the Act,\5\ which requires the rules of an
exchange to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest. More specifically, the Exchange believes that the
proposed rule change will improve an order's fill rate as well as
reduce latency. The proposed rule change will thus contribute to
perfecting the mechanism of a free and open market and a national
market system, and is also consistent with the protection of investors
and the public interest. The proposed rule change and resulting
information circulars that the Exchange will issue will afford Members
transparency into how various routing options may function (whether
simultaneous or sequential).
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    \5\ 15 U.S.C. 78f(b)(5).
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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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    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 for 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 \6\ and Rule 19b-4(f)(6)
thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \8\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \9\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing, noting that similar
functionality is already offered by other market centers.\10\ The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission designates the proposal operative upon
filing.\11\
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    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ See BATS Rule 11.13(a)(3)(B)-(D) (routing strategies listed
in these rules may be routed simultaneously).
    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-EDGX-2012-22 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-EDGX-2012-22. 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 a.m. and 3 p.m. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; 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-EDGX-2012-22 and should be submitted on or before July
26, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-16435 Filed 7-3-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Notices]
[Page 51651-51652]
[DOCID:fr04se08-66]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58434; File No. SR-OPRA-2008-02]

Options Price Reporting Authority; Order Approving an Amendment,
as Modified by Amendment No. 1 Thereto, to the Plan for Reporting of
Consolidated Options Last Sale Reports and Quotation Information To
Amend OPRA's Vendor Agreement and Related Documents and To Adopt a New
Policy

August 27, 2008.

I. Introduction

    On May 30, 2008, the Options Price Reporting Authority (``OPRA'')
submitted to the Securities and Exchange Commission (``Commission''),
pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'')\1\ and Rule 608 thereunder,\2\ an amendment to the Plan for
Reporting of Consolidated Options Last Sale Reports and Quotation
Information (``OPRA Plan'').\3\ On July 1, 2008, OPRA submitted
Amendment No. 1 to the proposed amendment to the OPRA Plan. The
proposed OPRA Plan amendment, as modified by Amendment No. 1, would
modify OPRA's Vendor Agreement in several respects, including revising
OPRA's definition of the term ``Nonprofessional.'' In connection with
the revision of the term ``Nonprofessional,'' the proposed OPRA Plan
amendment would also amend OPRA's ``Electronic Form of Subscriber
Agreement'' and ``Hardcopy Form of Subscriber Agreement'' and adopt a
new policy. The proposed OPRA Plan amendment, as modified by Amendment
No. 1, was published for comment in the Federal Register on July 22,
2008.\4\ The Commission received no comment letters in response to the
Notice.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder. See Securities Exchange Act Release No. 17638 (March 18,
1981), 22 SEC Docket 484 (March 31, 1981). The full text of the OPRA
Plan is available at http://www.opradata.com.
    The OPRA Plan provides for the collection and dissemination of
last sale and quotation information on options that are traded on
the participant exchanges. The seven participants to the OPRA Plan
are the American Stock Exchange LLC, the Boston Stock Exchange,
Inc., the Chicago Board Options Exchange, Incorporated, the
International Securities Exchange, LLC, the NASDAQ Stock Market LLC,
the NYSE Arca, Inc., and the Philadelphia Stock Exchange, Inc.
    \4\ See Securities Exchange Act Release No. 58173 (July 16,
2008), 73 FR 42631 (``Notice'').
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    This order approves the proposed OPRA Plan amendment, as modified
by Amendment No. 1.

II. Description of the Proposal

    The proposed Amendment to OPRA's Vendor Agreement has several
purposes.

A. Section 5: Definition of ``Nonprofessional''; Revision of forms of
Subscriber Agreement; and New Policy

    OPRA proposes to revise its definition of the term
``Nonprofessional.'' \5\ OPRA's current definition of the term
``Nonprofessional'' specifies that a person must be an ``individual''
in order to qualify as a Nonprofessional. OPRA has concluded that this
aspect of the definition should be revised to state that a ``legal
person'' may qualify as a Nonprofessional if the legal person is either
an individual (a ``natural person'') or a ``qualifying trust.'' \6\
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    \5\ The definition currently appears in Section 5 of OPRA's
Vendor Agreement and in OPRA's ``Electronic Form of Subscriber
Agreement'' and ``Hardcopy Form of Subscriber Agreement.'' These two
forms are Attachments B-1 and B-2 to OPRA's form of Vendor
Agreement. OPRA's form of Vendor Agreement and its forms of
Subscriber Agreements are available on OPRA's Web site, http://
www.opradata.com. OPRA is proposing changes to Section 5 of its form
of Vendor Agreement and in its Electronic Form of Subscriber
Agreement and Hardcopy Form of Subscriber Agreement to implement the
revised definition.
    \6\ The term ``qualifying trust'' is proposed to be defined
essentially to refer to a trust established for the benefit of one
or more members of the trustee's immediate family.
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    The Addendum for Nonprofessionals that is attached to OPRA's form
of Subscriber Agreement currently states that a person must use OPRA
Data ``solely in connection with [the person's] individual personal
investment activities'' in order to qualify as a Nonprofessional. OPRA
has concluded that this language also should be revised to clarify that
a natural person may qualify as a Nonprofessional if the person uses
OPRA Data for the person's own benefit and for the benefit of other
members of the person's immediate family and qualifying trusts of which
the person is the trustee or custodian, and to include a parallel
statement with respect to qualifying trusts to the effect that a
qualifying trust may constitute a Nonprofessional only if the trust
uses OPRA Data only for the benefit of the trust.\7\
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    \7\ OPRA is also proposing to adopt a new policy entitled
``Policy with Respect to Definition of the Term `Nonprofessional.'
''
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B. Section 14: Reporting and Record Keeping Requirements

    OPRA also proposes clarifying changes to four provisions in Section
14 of the Vendor Agreement, which describes the reports and record
keeping that OPRA requires of Vendors. Specifically, the revised
language makes clear that: (1) Pursuant to paragraph 14(a), OPRA
requires only summary information on a monthly basis with respect to
Subscribers that have entered into Subscriber Agreements with the
Vendor; (2) a Vendor's reports to OPRA pursuant to paragraph 14(a) are
to be provided electronically in a form reasonably satisfactory to
OPRA; (3) whereas reports made pursuant to paragraph 14(a) may contain
summary information with respect to Subscribers that have entered into
Subscriber Agreements with the Vendor, reports made pursuant to
paragraph 14(b) must include all information in the Vendor's list of
Subscribers described in the first sentence of paragraph 14(a); (4)
pursuant to 14(c)(3), a Vendor is not required to retain hardcopy
originals of signed hardcopy Subscriber Agreements and may instead
retain copies, either in hardcopy form or in electronic form, provided
that copies that are maintained electronically are maintained in a
``non-rewriteable, non-eraseable format;'' \8\ and (5) a Vendor is
required to retain records with respect to its agreements with a
Subscriber for at least three years after it discontinues furnishing
OPRA Data to that Subscriber, and requires a Vendor to retain records
with respect to the actual use of OPRA Data for at least three years
after the records are created.
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    \8\ This phrase is used in Rule 17a-4(f)(2)(ii)(A), 17 CFR
240.17a-4(f)(2)(ii)(A). Rule 17a-4(f) describes the circumstances in
which brokers and dealers may retain certain records in electronic
form.
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C. Section 19: Provisions for Modifying the Vendor Agreement

    OPRA is proposing to modify the language in paragraph 19(a) so that
it clearly states that, if OPRA wishes to use paragraph 19(a) to
implement a change in the Vendor Agreement after complying with the
applicable requirements of the Act, OPRA must furnish written notice of
the change to the Vendor, following which the Vendor need not ``opt
in'' to the change in order to maintain its status as a Vendor, but may
``opt out'' of the change by terminating its Vendor Agreement if it is
unwilling to accept the change. The revised paragraph makes clear that,
if a Vendor timely gives notice of termination of its Vendor Agreement
following its receipt of notice of a modification of the Vendor
Agreement, the unmodified Vendor Agreement will constitute the
agreement between the

Vendor and OPRA until the effective date of the Vendor's
termination.\9\
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    \9\ OPRA also proposes to delete current paragraph 19(b)
(modifications relating Electronic Subscriber Agreement) and
paragraph 19(c).
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D. Section 21: ``Assignment'' Provision

    Section 21 of the Vendor Agreement currently states that the Vendor
may not assign the Vendor Agreement without the consent of OPRA
``except to a successor corporation upon merger or consolidation of
Vendor, or to a corporation acquiring all or substantially all of the
property, assets and business of Vendor.'' OPRA is proposing to modify
that language to accommodate other business entities in addition to
corporations.

III. Discussion

    After careful review, the Commission finds that the proposed OPRA
Plan amendment, as modified by Amendment No. 1, is consistent with the
requirements of the Act and the rules and regulations thereunder.\10\
Specifically, the Commission finds that the proposed OPRA Plan
amendment is consistent with Section 11A of the Act \11\ and Rule 608
thereunder \12\ in that it is appropriate in the public interest, for
the protection of investors and the maintenance of fair and orderly
markets, and to remove impediments to, and perfect the mechanism of, a
national market system.
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    \10\ In approving this proposed OPRA Plan Amendment, the
Commission has considered its impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
    \11\ 15 U.S.C. 78k-1.
    \12\ 17 CFR 242.608.
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    The Commission notes that OPRA's proposed changes to the definition
of the term ``Nonprofessional'' are designed to add clarity to the
definition and better align the definition language with Vendors' and
Subscribers' current understanding of the term. In addition, the
Commission notes that OPRA's proposed changes to Sections 14, 19, and
21 are designed to add clarity and specificity to these provisions. The
Commission believes that the proposed OPRA Plan amendment should help
to assure the availability of information with respect to quotations
and transactions in listed options and would thereby further one of the
principal objectives for a national market system set forth in Section
11A(a)(1)(C)(iii) of the Act. Therefore, the Commission believes that
OPRA's proposal is consistent with Section 11A of the Act \13\ and Rule
608 thereunder.\14\
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    \13\ 15 U.S.C. 78k-1.
    \14\ 17 CFR 242.608.
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IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act,\15\
and Rule 608 thereunder,\16\ that the proposed OPRA Plan amendment (SR-
OPRA-2008-02), as modified by Amendment No. 1, be, and it hereby is,
approved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78k-1.
    \16\ 17 CFR 242.608.
    \17\ 17 CFR 200.30-3(a)(29).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-20469 Filed 9-3-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: May 2, 2008 (Volume 73, Number 86)]
[Rules and Regulations]
[Page 24160-24162]
[DOCID:fr02my08-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0081; Directorate Identifier 2007-NM-186-AD;
Amendment 39-15497; AD 2008-09-16]
RIN 2120-AA64

Airworthiness Directives; Airbus A318, A319, A320, and A321
Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    A number of occurrences of an incorrect installation of the
trimmable horizontal stabilizer actuator (THSA) have been found and
reported during the accomplishment of the AIRBUS Service Bulletin
(SB) A320-27-1164 mandated by EASA AD 2006-0223.
    These issues could lead to a degradation of the integrity of the
THSA primary load path and to secondary load path partial or full
engagement.
* * * * *

Degradation of the THSA primary load path could result in latent
(undetected) loading and eventual failure of the THSA secondary load
path, with consequent uncontrolled movement of the horizontal
stabilizer and loss of control of the airplane. We are issuing this AD
to require actions to correct the unsafe condition on these products.

DATES: This AD becomes effective June 6, 2008.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 6,
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 25, 2007 (72
FR 60591). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

A number of occurrences of an incorrect installation of the
trimmable horizontal stabilizer actuator (THSA) have been found and
reported during the accomplishment of the AIRBUS Service Bulletin
(SB) A320-27-1164 mandated by EASA AD 2006-0223.
    These issues could lead to a degradation of the integrity of the
THSA primary load path and to secondary load path partial or full
engagement. This AD therefore mandates a one-time detailed visual
inspection of specific parts of the THSA attachments.

Degradation of the THSA primary load path could result in latent
(undetected) loading and eventual failure of the THSA secondary load
path, with consequent uncontrolled movement of the horizontal
stabilizer and loss of control of the airplane. The corrective actions
include doing a one-time detailed visual inspection of the lower and
the upper THSA attachments for correct installation and the presence of
metallic particles, contacting Airbus for repair instructions if any
installation deviations or metallic particles are found, and doing
repairs. You may obtain further information by examining the MCAI in
the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request to Withdraw the NPRM

    The Air Transport Association (ATA), on behalf of its member
Northwest Airlines (NWA), requests that we reconsider the need for this
proposed AD. NWA states that the proposed rule is based on reports from
Airbus of a number of occurrences of incorrect THSA installations that
resulted from published procedures not being followed either during
aircraft production or by operators after delivery of the aircraft. NWA
agrees that an incorrectly installed THSA could be a safety concern,
but asserts that accomplishing a one-time inspection will not prevent
improper THSA installations in the future, and does not understand what
corrective action is being taken (or should be taken) to prevent
similar installation problems in the future. Furthermore, NWA feels
that the airplane maintenance manual (AMM) is clear and concise
regarding THSA installation procedures and states that, unless
incorrect installations were accomplished during production or the AMM
installation instructions were incorrect, a one-time inspection
mandated by an AD is unwarranted. NWA asserts that it has accomplished
AD 2007-06-02, amendment 39-14983 (72 FR 12072, March 15, 2007), on all
its Model A319 and A320 airplanes with no findings of note. (AD 2007-
06-02, which corresponds to EASA AD 2006-0223, dated July 21, 2006,
requires inspections of the upper and lower THSA attachments for proper
clearances, and for the presence of cracking, damage, and metallic
particles.) NWA concludes that incorrect installations due to operator
error should be addressed by actions other than issuing an all-fleet
AD.
    Although we understand NWA's concern, we do not agree with this
request. If incorrect THSA installation was limited to only one
operator (an isolated case of not following maintenance instructions),
an AD would not have been an appropriate method of dealing with the
situation. However, as THSA installation errors have been reported at
multiple operators, and installation errors could result in the
identified unsafe condition that is likely to exist or develop on other
airplanes, an AD is appropriate. Further, we have determined that,
although technically correct, the maintenance instructions were
insufficiently clear to ensure that no confusion could occur during
installation of the THSA. In regard to future installations, Airbus has
informed us that the maintenance instructions have been revised and
clarified to prevent confusion during any future installation of the
THSA. We have not changed the AD in this regard.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 721 products of U.S. registry.
We also estimate that it will take about 3 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $173,040, or $240 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-09-16 Airbus: Amendment 39-15497. Docket No. FAA-2007-0081;
Directorate Identifier 2007-NM-186-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 6,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus A318, A319, A320, and A321 series
airplanes, certificated in any category, all certified models, all
manufactured serial numbers (MSN) up to and including MSN 2860.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    A number of occurrences of an incorrect installation of the
trimmable horizontal stabilizer actuator (THSA) have been found and
reported during the accomplishment of the AIRBUS Service Bulletin
(SB) A320-27-1164 mandated by EASA AD 2006-0223.
    These issues could lead to a degradation of the integrity of the
THSA primary load path and to secondary load path partial or full
engagement.
    This AD therefore mandates a one-time detailed visual inspection
of specific parts of the THSA attachments.

Degradation of the THSA primary load path could result in latent
(undetected) loading and eventual failure of the THSA secondary load
path, with consequent uncontrolled movement of the horizontal
stabilizer and loss of control of the airplane. The corrective
actions include doing a one-time detailed visual inspection of the
lower and the upper THSA attachments for correct installation and
the presence of metallic particles, contacting Airbus for repair
instructions if any installation deviations or metallic particles
are found, and doing repairs.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 600 flight hours or 750 flight cycles or 100 days
after the effective date of this AD, whichever occurs first, inspect
the lower and the upper THSA attachments for installation deviations
and metallic particles, in accordance with Airbus Service Bulletin
A320-27A1179, dated January 12, 2007; and, if any installation
deviations or metallic particles are found, before further flight,
contact Airbus for repair instructions and repair.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No Difference.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tim
Dulin, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they

are approved by the State of Design Authority (or their delegated
agent). You are required to assure the product is airworthy before
it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to European Aviation Safety Agency (EASA)
Airworthiness Directive 2007-0178, dated June 22, 2007; and Airbus
Service Bulletin A320-27A1179, dated January 12, 2007; for related
information.

Material Incorporated by Reference

    (i) You must use Airbus Service Bulletin A320-27A1179, dated
January 12, 2007, to do the actions required by this AD, unless the
AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
    (3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>,
or go to: http://www.archives.gov/federal-register/cfr/ibr-
locations.html.

    Issued in Renton, Washington, on April 18, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-9441 Filed 5-1-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53269-53270]
[FR Doc No: 2016-19138]

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

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0541]
RIN 1625-AA08

Special Local Regulation; Allegheny River Mile 0.0-1.5;
Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for
all waters of the Allegheny River mile 0.0-1.5. This special local
regulation is necessary to provide safety for the participants in the
``Pittsburgh Triathlon and Adventure Race'' marine event. This
rulemaking prohibits persons and vessels from being in the special
local regulated area unless authorized by the Captain of the Port
Pittsburgh or a designated representative.

DATES: This rule is effective from 6 a.m. on August 13, 2016, through 9
a.m. on August 14, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0541 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh,
U.S. Coast Guard, at telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    This annually recurring event and special local regulation is
currently listed as the ``Friends of the Riverfront Inc./Pittsburgh
Triathlon and Adventure Races'' under 33 CFR 100.801, Table 1, line no.
21, scheduled for two days during the last two weekends in July or
first weekend of August. This year the event sponsor changed the date
to the second weekend of August, and informed the Coast Guard of this
date change on June 6. The event will consist of at least 400 swimmers
and takes place on the Allegheny River. This temporary final rule
reflects the date changes to the event. The Captain of the Port
Pittsburgh (COTP) has determined that the special local regulation
under 33 CFR 100.801 is still necessary to protect participants,
spectators, and waterway users during this event.
    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' It is impracticable to publish an NPRM because we must
establish this special local regulation by August 13, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be contrary to public interest because
immediate action is needed to establish a special local regulation to
protect participants of the ``Pittsburgh Triathlon and Adventure Race''
beginning on August 13, 2016 to August 14, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Pittsburgh (COTP) has determined the need
to protect participants during the ``Pittsburgh Triathlon and Adventure
Race'' from 6 a.m. to 9 a.m. on August 13, 2016 and August 14, 2016.
This rule is needed to protect personnel, vessels, and these navigable
waters before, during, and after the scheduled event.

IV. Discussion of the Rule

    The Captain of the Port Pittsburgh is establishing this special
local regulated area from 6 a.m. to 9 a.m. on August 13, 2016 and
August 14, 2016 for all waters of the Allegheny River mile 0.0-1.5. The
duration of the special local regulated area is intended to ensure the
safety of vessels, participants, spectators and other waterway users
before, during, and after the scheduled event. No vessel or person is
permitted to enter the special local regulated area without obtaining
permission from the COTP or a designated representative. The regulatory
text we are establishing appears at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulated
area.
    This special local regulation restricts transit on the Allegheny
River from mile 0.0-1.5 for a short duration of 3 hours each day.
Vessel traffic will be informed about the special local regulated area
through local notices to mariners. Moreover, the Coast Guard will issue
Broadcast Notices to Mariners via VHF-FM marine channel 16 about the
area and the rule allows vessels to seek permission to transit the
area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
special local regulated area may be small entities, for the reasons
stated in section V.A above this rule will not have a significant
economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121),

we want to assist small entities in understanding this rule. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves special local regulated area that would prohibit entry to
unauthorized vessels. It is categorically excluded from further review
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERWAYS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.35T08-0541 to read as follows:

Sec.  100.35T08-0541  Special Local Regulation; Allegheny River Mile
0.0 to 1.5, Pittsburgh, PA.

    (a) Location. All waters of the Allegheny River beginning at mile
marker 0.0 and ending at mile marker 1.5 at Pittsburgh, PA.
    (b) Periods of Enforcement. This rule will be enforced from 6 a.m.
to 9 a.m. on August 13, 2016 and August 14, 2016. The COTP or a
designated representative will inform the public through broadcast
notice to mariners of the enforcement period for the special local
regulation.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  100.801 of this part, entry into this area is prohibited unless
authorized by the COTP or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the
area must request permission from the COTP or a designated
representative. The COTP representative may be contacted at 412-221-
0807.

L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2016-19138 Filed 8-11-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Proposed Rules]
[Pages 60378-60380]
[FR Doc No: 2018-25564]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0256; Airspace Docket No. 18-AEA-11]
RIN 2120-AA66

Proposed Amendment of Class D Airspace and Class E Airspace;
Schenectady, NY, Ithaca, NY, and Albany, NY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class D airspace, Class E
airspace designated as an extension to a Class D surface area, and
Class E airspace extending upward from 700 feet or more above the
surface at Schenectady County Airport, Schenectady, NY, and Albany, NY
by updating the geographic coordinates of this airport, Saratoga County
Airport, Hunter NDB, and Cambridge VORTAC. Controlled airspace is
necessary for the safety and management of instrument flight rules
(IFR) operations at this airport. This action also would replace the
outdated term Airport/Facility Directory with the term Chart Supplement
in the legal descriptions of associated Class D and E airspace of
Schenectady County Airport, Schenectady, NY, and Ithaca Tompkins
Regional Airport, Ithaca, NY.

DATES: Comments must be received on or before January 10, 2019.

ADDRESSES: Send comments on this proposal to: U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; Telephone:
(800) 647-5527, or<PHONE_NUMBER>. You must identify the Docket No.
    FAA-2018-0256; Airspace Docket No. 18-AEA-11, at the beginning of
your comments. You may also submit comments through the internet at
http://www.regulations.gov.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class D and Class E airspace at Schenectady County
Airport, Schenectady, NY and Ithaca Tompkins Regional Airport, Ithaca,
NY, to support IFR operations at these airports.

Comments Invited

    Interested persons are invited to comment on this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory

decisions on the proposal. Comments are specifically invited on the
overall regulatory, aeronautical, economic, environmental, and energy-
related aspects of the proposal.
    Communications should identify both docket numbers (Docket No. FAA-
2018-0256 and Airspace Docket No. 18-AEA-11) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for the
address and phone number.) You may also submit comments through the
internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2018-0256; Airspace Docket No. 18-AEA-11.'' The postcard
will be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this document may be changed in light of the
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 by:
    Amending Class D airspace, Class E airspace designated as an
extension to a Class D surface area, at Schenectady County Airport,
Schenectady, NY and Class E airspace area extending upward from 700
feet or more above the surface at Albany, NY, by updating the
geographic coordinates of Saratoga County Airport, Hunter NDB, and
Cambridge VORTAC to be in concert with the FAA's aeronautical database.
    Also, an editorial change would be made replacing the outdated term
Airport/Facility Directory with the term Chart Supplement in the
associated Class D and E airspace legal descriptions for Schenectady
County Airport, Schenectady, NY, and Ithaca Tompkins Regional Airport,
Ithaca, NY. These changes would enhance the safety and management of
IFR operations at these airports.
    Class D and Class E airspace designations are published in
Paragraphs 5000, 6002, 6004, and 6005, respectively, of FAA Order
7400.11C, dated August 13, 2018, and effective September 15, 2018,
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 the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11C, Airspace Designations and Reporting
Points, dated August 13, 2018, and effective September 15, 2018, is
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA NY D Schenectady, NY [Amended]

Schenectady County Airport, NY
    (Lat. 42[deg]51'9'' N, long. 73[deg]55'44'' W)

    That airspace extending upward from the surface to and including
2,900 feet MSL within a 4.3-mile radius of Schenectady County
Airport, excluding the portion that coincides with the Albany, NY,
Class C airspace area. This Class D airspace area is effective
during specific dates and times established in advance by a Notice
to Airmen. The specific date and time will thereafter be
continuously published in the Chart Supplement.

AEA NY D Ithaca, NY [Amended]

Ithaca Tompkins Regional Airport, Ithaca, NY
    (Lat. 42[deg]29'29'' N, long. 76[deg]27'31'' W)

    That airspace extending upward from the surface to and including
3,600 feet MSL within a 4-mile radius of Ithaca Tompkins

Regional Airport. This Class D airspace area is effective during
specific dates and times established in advance by a Notice to
Airmen. The specific date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6002 Class E Surface Airspace.

* * * * *

AEA NY E2 Ithaca, NY [Amended]

Ithaca Tompkins Regional Airport, Ithaca, NY
    (Lat. 42[deg]29'29'' N, long. 76[deg]27'31'' W)
Ithaca VOR/DME
    (Lat. 42[deg]29'42'' N, long. 76[deg]27'35'' W)

    That airspace extending upward from the surface within a 4-mile
radius of Ithaca Tompkins Regional Airport and that airspace
extending upward from the surface from the 4-mile radius of the
airport to the 5.7-mile radius of the airport clockwise from the
329[deg] bearing to the 081[deg] bearing from the airport; that
airspace from the 4-mile radius of the airport to the 8.7-mile
radius of the airport extending clockwise from the 081[deg] bearing
to the 137[deg] bearing from the airport; that airspace from the 4-
mile radius of the airport to the 6.6-mile radius of the airport
extending clockwise from the 137[deg] bearing to the 170[deg]
bearing from the airport; that airspace from the 4-mile radius to
the 5.7-mile radius of the airport extending clockwise from the
170[deg] bearing to the 196[deg] bearing from the airport, and that
airspace within 2.7 miles each side of the Ithaca VOR/DME 305[deg]
radial extending from the 4-mile radius of the airport to 7.4 miles
northwest of the Ithaca VOR/DME. This Class E airspace area is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will thereafter
be continuously published in the Chart Supplement.

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

* * * * *

AEA NY E4 Schenectady, NY [Amended]

Schenectady County Airport, NY
    (Lat. 42[deg]51'9'' N, long. 73[deg]55'44'' W)
Hunter NDB
    (Lat. 42[deg]51'15'' N, long. 73[deg]56'01'' W)

    That airspace extending upward from the surface within 2.5 miles
each side of a 032[deg] bearing from the Hunter NDB extending from
the 4.3-mile radius of Schenectady County Airport to 7 miles
northeast of the NDB. This Class E airspace area is effective during
specific dates and times established in advance by a Notice to
Airmen. The specific date and time will thereafter be continuously
published in the Chart Supplement.

AEA NY E4 Ithaca, NY [Amended]

Ithaca Tompkins Regional Airport, Ithaca, NY
    (Lat. 42[deg]29'29'' N, long. 76[deg]27'31'' W)
Ithaca VOR/DME
    (Lat. 42[deg]29'42'' N, long. 76[deg]27'35'' W)

    That airspace extending upward from the surface from the 4-mile
radius of the Ithaca Tompkins Regional Airport to the 5.7-mile
radius of the airport; clockwise from the 329[deg] bearing to the
081[deg] bearing from the airport; that airspace from the 4-mile
radius of Ithaca Tompkins Regional Airport to the 8.7-mile radius of
the airport extending clockwise from the 081[deg] bearing to the
137[deg] from the airport; that airspace from the 4-mile radius of
Ithaca Tompkins Regional Airport; to the 6.6-mile radius of the
airport, extending clockwise from the 137[deg] bearing to the
170[deg] bearing from the airport; that airspace from the 4-mile
radius to the 5.7-mile radius of the Ithaca Tompkins Regional
Airport, extending clockwise from the 170[deg] bearing to the
196[deg] bearing from the airport; and that airspace within 2.7
miles each side of the Ithaca VOR/DME 305[deg] radial extending from
the 4-mile radius of Ithaca Tompkins Regional Airport to 7.4 miles
northwest of the Ithaca VOR/DME.

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

* * * * *

AEA NY E5 Albany, NY [Amended]

Albany VORTAC
    (Lat. 42[deg]44'50'' N, long. 73[deg]48'11'' W)
Hunter NDB
    (Lat. 42[deg]51'15'' N, long. 73[deg]56'01'' W)
Schenectady County Airport, NY
    (Lat. 42[deg]51'9'' N, long. 73[deg]55'44'' W)
Saratoga County Airport, NY
    (Lat. 43[deg]03'03'' N, long. 73[deg]51'42'' W)
Cambridge VORTAC
    (Lat. 42[deg]59'39'' N, long. 73[deg]20'38'' W)

    That airspace extending upward from 700 feet above the surface
within the area bounded by a point on the Albany VORTAC 007[deg]
radial 20 miles north of the VORTAC, thence clockwise along the arc
of a 20-mile radius circle centered on the Albany VORTAC to its
point of intersection with the Albany VORTAC 037[deg] radial, thence
southwest along the Albany VORTAC 037[deg] radial to a point 10.5
miles northeast of the VORTAC, thence clockwise along the arc of a
10.5-mile radius circle centered on the Albany VORTAC, to its point
of intersection with a line 3.5 miles southeast of the Hunter NDB
207[deg] bearing and within 3.5 miles each side of the 206[deg]
bearing from the Hunter NDB extending from the Hunter NDB to 15.3
miles southwest of the NDB and thence clockwise along the arc of the
7.9-mile radius circle centered on the Hunter NDB to its point of
intersection with a line 1.8 miles south and parallel to the
extended centerline of the Schenectady County Airport Runway 28,
thence west along this parallel line to its point of intersection
with the arc of a 11.3-mile radius circle centered on the Hunter
NDB, thence clockwise along the arc of this 11.3-mile radius circle
to its point of intersection with the 342[deg] bearing from the
Hunter NDB, thence north along a line bearing 356[deg] from this
point to the point of intersection of this line and the arc of a
16.6-mile radius circle centered on the Hunter NDB and thence
clockwise along the arc of the 16.6-mile radius circle centered on
the NDB to its point of intersection with the arc of a 20-mile
radius circle centered on the Albany VORTAC and within 4.4 miles
each side of the Albany VORTAC 082[deg] radial extending from the
Albany VORTAC to 16.1 miles east of the VORTAC and within a 6.4-mile
radius of Saratoga County Airport and within 3.5 miles each side of
the Cambridge VORTAC 279[deg] radial extending from 37.5 miles west
of the Cambridge VORTAC to the 6.4-mile radius area.

    Issued in College Park, Georgia, on November 14, 2018.
Matthew Cathcart,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2018-25564 Filed 11-23-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Proposed Rules]
[Pages 42723-42724]
[FR Doc No: 2014-17371]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0309; Airspace Docket No. 14-AWP-3]

Proposed Amendment of Class E Airspace; Lakeport, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E airspace at Lakeport,
CA. Controlled airspace is necessary to accommodate Area Navigation
(RNAV) Global Positioning System (GPS) standard instrument approach
procedures at Lampson Field. The FAA is proposing this action to
enhance the safety and management of aircraft operations at the
airport.

DATES: Comments must be received on or before September 8, 2014.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2014-
0309; Airspace Docket No. 14-AWP-3, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2014-0309 and Airspace Docket No. 14-AWP-3) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2014-0309 and Airspace Docket No. 14-AWP-3''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see 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.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by creating Class E airspace extending
upward from 700 feet above the surface within a 4-mile radius of
Lampson Field, Lakeport, CA. Controlled airspace is needed for RNAV
(GPS) standard instrument approaches and departures. This action would
enhance the safety and management of aircraft operations at the
airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9X, dated August 7, 2013, and effective September 15,
2013, which is incorporated by reference in 14 CFR Part 71.1. The Class
E airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed 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
proposed 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.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for 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 the
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 modify controlled airspace at Lampson Field, Lakeport, CA.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``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(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 Part 71.1 of the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 8, 2013, and effective September 15,
2013 is amended as follows:

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

* * * * *

AWP CA E5 Lakeport, CA [Amended]

Lampson Field, CA
    (Lat. 38[deg]59'26'' N., long. 122[deg]54'03'' W.)
Sutter Lakeside Hospital Heliport, CA Point in Space Coordinates
    (Lat. 39[deg]06'09'' N., long. 122[deg]53'19'' W.)

    That airspace extending upward from 700 feet above the surface
within a 4-mile radius of Lampson Field, and within a 5-mile radius
of the Point in Space serving the Sutter Lakeside Hospital Heliport.

    Issued in Seattle, Washington, on July 17, 2014.
Christopher Ramirez,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2014-17371 Filed 7-22-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 13, 2006 (Volume 71, Number 177)]
[Notices]
[Page 54040-54041]
[DOCID:fr13se06-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-445-000]

MIGC, Inc.; Colorado Interstate Gas Company; Notice of
Application

September 7, 2006.
    Take notice that on September 1, 2006, MIGC, Inc. (MIGC), 1099 18th
Street, Suite 1200, Denver, CO 80202, and Colorado Interstate Gas
Company (CIG), P.O. Box 1087, Colorado Springs, Colorado, 80944, filed
a joint application in Docket No. CP06-445-000, pursuant to sections
7(b) and 7(c) of the Natural Gas Act for approval for MIGC to abandon
its lease of capacity on CIG's Powder River Lateral located in Converse
County, Wyoming. Concurrently, CIG is seeking authorization to
reacquire the capacity associated with the terminating lease with MIGC,
all as more fully set forth in the application which is on file with
the Commission and open for public inspection. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using

the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, please contact FERC Online Support at

<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.
    Any questions concerning this joint application may be directed to
either Ms. Christine M. Odell, Manager, Regulated Pipelines, Western
Gas Resources, Inc., MIGC, Inc, MGTC, Inc., 1099 18th Street, Suite
1200, Denver, CO 80202, at<PHONE_NUMBER>; or Mr. Richard Derryberry,
Director, Regulatory Affairs, Colorado Interstate Gas Company, P.O. Box
1087, Colorado Springs, Colorado, 80944, at<PHONE_NUMBER> or fax (719)
667-7534.
    MIGC's and CIG's joint application states that on October 1, 1996,
MIGC and CIG entered into a capacity lease agreement wherein CIG agreed
to lease to MIGC approximately 50,000 Mcf/day of capacity on a segment
of its Powder River Lateral pipeline located in Converse County,
Wyoming. The lease agreement had a ten year term commencing October 1,
1996. The capacity lease agreement expires by its terms on October 1,
2006. Accordingly, MIGC and CIG are seeking the appropriate Commission
authorizations for the termination of the lease agreement in this
instant application.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the below listed comment date, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: September 18, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-15171 Filed 9-12-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Notices]
[Page 31671]
[FR Doc No: 2016-11761]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77831; File No. SR-NASDAQ-2016-023]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Withdrawal of Proposed Rule Change To Amend Rules 4702 and
4703

May 13, 2016.
    On February 10, 2016, The NASDAQ Stock Market LLC (``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
modify the processing of certain orders that are eligible to
participate in the Opening Cross and have a Pegging Attribute or are
designated for routing, and to make technical corrections to certain
rules. The proposed rule change was published for comment in the
Federal Register on March 1, 2016.\3\ The Commission received no
comment letters on the proposal. On April 12, 2016, pursuant to section
19(b)(2) of the Act,\4\ the Commission designated a longer period
within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change.\5\ On May 11, 2016, the Exchange
withdrew the proposed rule change (File No. SR-NASDAQ-2016-023).
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 77226 (February 24,
2016), 81 FR 10687.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 77592, 81 FR 22674
(April 18, 2016). The Commission designated May 30, 2016, as the
date by which it should approve, disapprove, or institute
proceedings to determine whether to disapprove the proposed rule
change.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-11761 Filed 5-18-16; 8:45 am]
BILLING CODE 8011-01-P