[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23932-23934]
[FR Doc No: 2017-10586]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80718; File No. SR-ISE-2017-44]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Temporarily
Suspend the Implementation of QCC With Stock Order Functionality Upon
Migration to INET

May 18, 2017.
    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 May 8, 2017, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``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

    The Exchange proposes to delay the implementation of QCC with Stock
Order functionality with the migration to Nasdaq INET.
    The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed

any comments it received on the proposed rule change. The text of these
statements may be examined at the places specified in Item IV below.
The Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to delay the
implementation of QCC with Stock Order functionality offered to members
on a voluntary basis. QCC with Stock Orders will be temporarily
unavailable in symbols that have migrated to the INET architecture as
this functionality will be introduced later in the launch of the INET
trading system. The QCC with Stock Order is a piece of functionality
that facilitates the execution of the stock component of qualified
contingent trades in connection with the execution of a Qualified
Contingent Cross (``QCC'') Order on the Exchange. Specifically, a QCC
with Stock Order is defined as a QCC Order \3\ entered with a stock
component to be communicated to a designated broker-dealer for
execution pursuant to Rule 721(c).\4\
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    \3\ A QCC Order is comprised of an originating order to buy or
sell at least 1000 contracts that is identified as being part of a
qualified contingent trade, coupled with a contra-side order or
orders totaling an equal number of contracts. See Rule 715(j).
    \4\ See Rule 715(t).
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    Rule 721(c) and the Supplementary Material thereto describe how the
stock component of QCC with Stock Orders are executed. Since QCC Orders
represent one component of a qualified contingent trade, each QCC Order
must be paired with a stock transaction. When a member enters a QCC
Order, the member is responsible for executing the associated stock
component of the qualified contingent trade within a reasonable period
of time after the QCC Order is executed. QCC with Stock Order
functionality is a voluntary piece of functionality that provides
members with an automated means of executing the stock component of a
qualified contingent trade. Specifically, when a member enters a QCC
with Stock Order, a QCC Order is entered on the Exchange. That QCC
Order is automatically executed upon entry provided that the conditions
of Rule 721(b) are met. If the QCC Order is executed, the Exchange will
automatically communicate the stock component to the member's
designated broker-dealer for execution. Currently, members that execute
the options component of a qualified contingent trade entered as a QCC
with Stock Order remain responsible for the execution of the stock
component if they do not receive an execution from their designated
broker-dealer. Although QCC Orders are eligible for automatic
execution, it is possible that the QCC Order may not be executable
based on market prices at the time the order is entered. If the QCC
Order is not capable of being executed, the entire QCC with Stock
Order, including both the stock and options components, is cancelled.
    QCC with Stock Order functionality will not initially be available
on INET for symbols that have been migrated to that platform. In
conjunction with the upcoming migration to INET, the Exchange proposes
to temporarily suspend the availability of QCC with Stock Order
functionality provided under Rule 721(c) and the Supplementary Material
to Rule 721 until a date to be announced by the Exchange via an Options
Trader Alert, which date shall occur prior to August 1, 2017. QCC with
Stock Orders in symbols that have migrated to INET will be rejected
until such time as that functionality is introduced on INET.
Specifically, the Exchange has filed and received approval for a
proposed rule change to begin the system migration to INET in Q2 of
2017.\5\ The migration to INET will be on a symbol-by-symbol basis as
will be communicated by the Exchange in a notice to Members.\6\ The
Exchange proposes to implement QCC with Stock Order functionality on
the INET platform during the INET symbol migration. Once QCC with Stock
Order functionality is launched on INET, members may utilize this
functionality for symbols as they migrate to INET. The Exchange will
announce a date, via an Options Trader Alert, when the functionality
will be available. At that time, all symbols that have migrated to INET
as of that date will be able to utilize the QCC with Stock Order
functionality. All other symbols that migrate after that date, if any,
would be able to utilize the QCC with Stock Order functionality as they
migrate. The QCC with Stock Order functionality will continue to be
available on the legacy ISE system until the symbols migrate to INET.
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    \5\ See Securities Exchange Act Release No. 80432 (April 11,
2017), 82 FR 18191 (April 17, 2017) (SR-ISE-2017-03) (Order
Approving Proposed Rule Change, as Modified by Amendment No. 1, to
Amend Various Rules in Connection with a System Migration to Nasdaq
INET Technology).
    \6\ The Exchange will issue an Options Trader Alert prior to the
migration and will specify the dates that symbols will migrate to
the INET platform. The Exchange is staging the re-platform to
provide maximum benefit to its Members while also ensuring a
successful rollout. INET is the proprietary core technology utilized
across Nasdaq's global markets and utilized on The NASDAQ Options
Market LLC (``NOM''), NASDAQ PHLX LLC (``Phlx'') and NASDAQ BX, Inc.
(``BX'') (collectively, ``Nasdaq Exchanges''). The migration of ISE
to the Nasdaq INET architecture would result in higher performance,
scalability, and more robust architecture.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\8\ in particular, in that it
is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general to protect
investors and the public interest. Specifically, the Exchange believes
that the proposed rule change is consistent with the protection of
investors and the public interest because QCC with Stock Order
functionality is currently offered to members on a voluntary basis to
assist in their execution of qualified contingent trades. Furthermore,
members that execute the options component of a Qualified Contingent
Trade entered as a QCC with Stock Order remain responsible for the
execution of the stock component if they do not receive an execution
from their designated broker-dealer. There is no requirement that
members utilize QCC with Stock functionality, and members will continue
to be able to enter regular QCC Orders where the exchange does not
assist with the execution of the stock component of the trade and the
members do so themselves. Specifically, Members would remain able to
execute QCC Orders on the INET platform prior to QCC with Stock
functionality being turned back on, provided that the member would be
responsible for executing the associated stock component of the
qualified contingent trade within a reasonable period of time after the
QCC Order is executed. Furthermore, the Exchange will continue to offer
the QCC with Stock Order functionality on the legacy ISE system until
such time as each symbol migrates to INET. The Exchange intends to
introduce QCC with Stock Order functionality on INET during the symbol
migration, and prior to the rollout of the majority of symbols on

INET. Based on the Exchange's anticipated symbol rollout, the affected
symbols will not include symbols where members typically enter a
significant volume of QCC with Stock Orders.\9\ The Exchange also notes
that it has issued an Options trader Alert providing Members notice of
its proposal to delay the QCC with Stock Order functionality during the
initial launch of the INET technology until such time as the Exchange
announces the availability of the QCC with Stock Order
functionality.\10\ The Exchange intends to make clear the
implementation timeline of this functionality within its rulebook.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Of the 3,172 symbols listed on ISE, the Exchange anticipates
rolling out approximately 151 symbols prior to introducing QCC with
Stock Order functionality on INET.
    \10\ See Options Trader Alert #2017-32.
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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 not necessary or appropriate in
furtherance of the purposes of the Act. No market participant would be
able to submit a QCC with Stock Order on INET until such time as the
Exchange turns back on the functionality with notice to members. The
Exchange believes that notwithstanding the delay of this functionality,
ISE will continue to remain a competitive with other options markets.
Moreover, Members will still be able to execute QCC Orders on the
Exchange using other means to ensure the execution of the stock
component of those qualified contingent trades.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \11\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    In its filing, ISE requested that the Commission waive the 30-day
operative delay in order to enable the Exchange to launch the new INET
system on the schedule previously announced to members. The Commission
believes that such waiver is consistent with the protection of
investors and the public interest. The Exchange represented that
delaying the launch of the INET system could harm members that have
relied upon the schedule previously announced by ISE. Moreover, ISE
explained that waiving the 30-day operative delay would have limited
consequences; members received notice of the proposed change on April
28, 2017, and the Exchange will migrate symbols that have a higher
volume of QCC with Stock Orders later in its INET rollout in order to
reduce the impact on its members. For these reasons, the Commission
believes that proposed rule change will provide clarity to ISE members
regarding the availability QCC with Stock Order functionality on the
Exchange and designates the proposed rule change to be operative upon
filing.\13\
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    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2017-44 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2017-44. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-ISE-2017-44 and should be
submitted on or before June 14, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12) and (59).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10586 Filed 5-23-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Rules and Regulations]
[Pages 13395-13398]
[FR Doc No: 2018-06094]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0940; Product Identifier 2017-SW-058-AD; Amendment
39-19233; AD 2018-07-02]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Agusta
S.p.A. (Agusta) Model A109E, A109S, AW109SP, A119, and AW119 MKII
helicopters. This AD requires inspecting the main rotor blade (MRB) tip
cap for disbonding. This AD is prompted by a report of the in-flight
loss of an MRB tip cap. The actions of this AD are intended to prevent
an unsafe condition on these products.

DATES: This AD becomes effective April 13, 2018.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of April 13, 2018.
    We must receive comments on this AD by May 29, 2018.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments 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 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0940; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the European Aviation Safety Agency (EASA) AD, any
incorporated-by-reference service information, the economic evaluation,
any comments received, and other information. The street address for
Docket Operations (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
    For service information identified in this final rule, contact
Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone
+39-0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX
76177. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0940.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA,
10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective. However, we
invite you to participate in this rulemaking by submitting written
comments, data, or views. We also invite comments relating to the
economic, environmental, energy, or federalism impacts that resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit them only one time. We will file in the docket all comments that
we receive, as well as a report summarizing each substantive public
contact with FAA personnel concerning this rulemaking during the
comment period. We will consider all the comments we receive and may
conduct additional rulemaking based on those comments.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued AD No. 2017-0176-E, dated September 14,
2017, to correct an unsafe condition for Leonardo S.p.A. (previously
Agusta) Model A109E, A109LUH, A109S, AW109SP, A119, and AW119 MKII
helicopters. EASA advises of an in-flight loss of an MRB tip cap on an
AW109SP helicopter where the pilot was able to safely land the
helicopter. EASA further advises that an investigation determined the
cause as incorrect bonding procedures used between specific dates and
identified the affected MRBs by part number and serial number.
According to EASA, this condition could result in loss of an MRB tip
cap, increased pilot workload, and reduced control of the helicopter.
To address this unsafe condition, the EASA AD requires repetitive
inspections of the MRB tip caps and replacing certain part-numbered
MRBs.
    The FAA is in the process of updating Agusta's name change to
Leonardo Helicopters on its type certificate. Because this name change
is not yet effective, this AD specifies Agusta.

FAA's Determination

    These helicopters have been approved by the aviation authority of
Italy and are approved for operation in the United States. Pursuant to
our bilateral agreement with Italy, EASA, its technical representative,
has notified us of the unsafe condition described in the EASA AD. We
are issuing this AD because we evaluated all information provided by
EASA and determined the unsafe condition exists and is likely to exist
or develop on other helicopters of these same type designs.

Related Service Information Under 1 CFR Part 51

    Leonardo Helicopters has issued Emergency Alert Service Bulletin
(EASB) No. 109EP-157 for Model A109E helicopters, EASB No. 109S-077 for
Model A109S helicopters, and EASB No. 109SP-116 for Model AW109SP
helicopters, all dated September 8, 2017. Leonardo Helicopters has also
issued EASB No. 119-085, Revision A, dated September 11, 2017, for
Model A119 and AW119 MKII helicopters. This service information
identifies certain part-numbered and serial-numbered MRBs for
applicability and describes procedures for tap inspecting the tip cap
for disbonding.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

AD Requirements

    For helicopters with an MRB part number 709-0104-01-111 with serial
number 1307, 1320, 1346, 1365, 1372, 1380, 1414, 1426, 1436, 1475, or
1485 installed, this AD requires, within 5 hours time-in-service (TIS)
and thereafter at intervals not exceeding 5 hours TIS, tap inspecting
the MRB tip cap for disbonding and, if there is disbonding, removing
the MRB from service before further flight. If there is no disbonding
on any of the inspections, this AD requires removing the MRB from
service within 25 hours TIS. After the effective date of this AD, this
AD prohibits installing these serial-numbered MRBs on any helicopter.
    For all other helicopters, this AD requires, within 25 hours TIS
and thereafter at intervals not exceeding 25 hours TIS, tap inspecting
the MRB tip cap for disbonding. If there is any disbonding, this AD
requires removing the MRB from service before further flight. The
repetitive inspections required for these MRBs would no longer be
required after the MRB accumulates 400 hours TIS.

Differences Between This AD and the EASA AD

    The EASA AD applies to Model A109LUH helicopters, while this AD
does not as that model helicopter is not type-certificated in the U.S.
The EASA AD requires that you contact Leonardo Helicopters, and this AD
does not.

Costs of Compliance

    We estimate that this AD affects 130 helicopters of U.S. Registry.
    At an average labor rate of $85 per work-hour, we estimate that
operators may incur the following costs in order to comply with this
AD. Tap inspecting the MRB tip caps will require 1 work-hour, for a
cost per helicopter of $85 and a cost of $11,050 for the U.S. fleet per
inspection cycle. If required, replacing one MRB will require 4 work-
hours and required parts will cost $89,179, for a cost per helicopter
of $89,519.
    According to Leonardo Helicopters' service information, some of the
costs of this AD may be covered under warranty, thereby reducing the
cost impact on affected individuals. We do not control warranty
coverage by Leonardo Helicopters. Accordingly, we have included all
costs in our cost estimate.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because the corrective actions required by this AD must be accomplished
within 5 hours TIS and 25 hours TIS.
    Therefore, we find good cause that notice and opportunity for prior
public comment are impracticable. In addition, for the reasons stated
above, we find that good cause exists for making this amendment
effective in less than 30 days.

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, I certify that this AD:
    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);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. 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 an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 airworthiness
directive (AD):

2018-07-02 Agusta S.p.A.: Amendment 39-19233; Docket No. FAA-2017-
0940; Product Identifier 2017-SW-058-AD.

(a) Applicability

    This AD applies to Agusta S.p.A. Model A109E, A109S, AW109SP,
A119, and AW119 MKII helicopters, certificated in any category:

    (1) With a main rotor blade (MRB) part number (P/N) 709-0104-01-
111 with a serial number (S/N) 1307, 1320, 1346, 1365, 1372, 1380,
1414, 1426, 1436, 1475, or 1485;
    (2) With an MRB with a P/N and S/N listed in Table 1 to
paragraph (a)(2) of this AD, with 400 or fewer hours time-in-service
(TIS) since first installation on a helicopter; and
[GRAPHIC] [TIFF OMITTED] TR29MR18.000

    (3) With an MRB P/N 709-0104-01-101 with a S/N K101 or
DA38586004-1, or P/N 709-0104-01-111 with a S/N P451, P460, Q553,
Q557, Q587, Q695, Q832, R2080, R2212 or V699, with 400 or fewer
hours TIS since maintenance on the tip cap by Finmecannica between
January 1, 2016, and March 31, 2017.

(b) Unsafe Condition

    This AD defines the unsafe condition as disbonding of an MRB tip
cap. This condition could result in loss of the MRB tip cap, severe
vibrations, and subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective April 13, 2018.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) For helicopters listed in paragraph (a)(1) of this AD:
    (i) Within 5 hours TIS and thereafter at intervals not exceeding
5 hours TIS, using a tap hammer or equivalent, tap inspect each MRB
tip cap for disbonding in the area depicted in Figure 1 of Leonardo
Helicopters Emergency Alert Service Bulletin (EASB) EASB No. 109S-
077, dated September 8, 2017; EASB No. 109SP-116, dated September 8,
2017; or EASB No. 119-085, Revision A, dated September 11, 2017; as
applicable for your model helicopter. If there is any disbonding,
before further flight, remove the MRB from service.
    (ii) Within 25 hours TIS, remove the MRB from service.
    (2) For helicopters listed in paragraph (a)(2) or (a)(3) of this
AD, within 25 hours TIS and thereafter at intervals not exceeding 25
hours TIS, using a tap hammer or equivalent, tap inspect each MRB
tip cap for disbonding in the area depicted in Figure 1 of Leonardo
Helicopters EASB No. 109EP-157, dated September 8, 2017; EASB No.
109S-077, dated September 8, 2017; EASB No. 109SP-116, dated
September 8, 2017; or EASB No. 119-085, Revision A, dated September
11, 2017; as applicable for your model helicopter. If there is any
disbonding, before further flight, replace the MRB.
    (3) After the effective date of this AD, do not install an MRB
P/N 709-0104-01-111 with a S/N 1307, 1320, 1346, 1365, 1372, 1380,
1414, 1426, 1436, 1475, or 1485 on any helicopter.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, Rotorcraft Standards
Branch, FAA, may approve AMOCs for this AD. Send your proposal to:
Matt Fuller, Senior Aviation Safety Engineer, Safety Management
Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy.,
Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office, before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2017-0176-E, dated September 14, 2017. You may
view the EASA AD on the internet at http://www.regulations.gov by
searching for and locating it in Docket No. FAA-2017-0940.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6210 Main Rotor
Blades.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Leonardo Helicopters Emergency Alert Service Bulletin No.
109EP-157, dated September 8, 2017.
    (ii) Leonardo Helicopters Emergency Alert Service Bulletin No.
109S-077, dated September 8, 2017.
    (iii) Leonardo Helicopters Emergency Alert Service Bulletin No.
109SP-116, dated September 8, 2017.
    (iv) Leonardo Helicopters Emergency Alert Service Bulletin No.
119-085, Revision A, dated September 11, 2017.
    (3) For Leonardo Helicopters service information identified in
this AD, contact Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head
of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate (Va)
Italy; telephone +39-0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-
321, Fort Worth, TX 76177. For

information on the availability of this material at the FAA, call
(817) 222-5110.
    (5) You may view this service information that is incorporated
by reference 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 Fort Worth, Texas, on March 21, 2018.
Scott A. Horn,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2018-06094 Filed 3-28-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84853-84855]
[FR Doc No: 2023-26725]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99044; File No. SR-NASDAQ-2023-049]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Adopt a New LSTY Routing Option Under Rule 4758

November 30, 2023.
    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 November 16, 2023, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to adopt a new LSTY routing option under Rule
4758.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to amend Equity 4, Rule 4758 to add
subsection (a)(1)(A)(x)b. for a new routing option \3\ called LSTY. The
proposed LSTY voluntary routing option arose out of client interest in
Nasdaq amending its rules to create a new routing strategy similar to
the existing LIST strategy.\4\ Clients currently using the LIST routing
strategy have requested that Nasdaq provide a version of this strategy
that will look to access available liquidity at their limit price or
better by rerouting to away market centers in the event their order is
locked or crossed by an away market center while the order is on the
book. This proposed change will introduce a new variation of the LIST
strategy, called LSTY, that will share all existing functionality with
LIST with the exception of routing to away market centers after an
order is booked.
---------------------------------------------------------------------------

    \3\ Routing is an Order Attribute that allows a Participant to
designate an Order to employ one of several Routing Strategies (also
called ``routing options'') offered by Nasdaq, as described in Rule
4758; such an Order may be referred to as a ``Routable Order.'' Upon
receipt of an Order with the Routing Order Attribute, the System
will process the Order in accordance with the applicable Routing
Strategy. In the case of a limited number of Routing Strategies, the
Order will be sent directly to other market centers for potential
execution. For most other Routing Strategies, the Order will attempt
to access liquidity available on Nasdaq in the manner specified for
the underlying Order Type and will then be routed in accordance with
the applicable Routing Strategy. Shares of the Order that cannot be
executed are then returned to Nasdaq, where they will (i) again
attempt to access liquidity available on Nasdaq and (ii) post to the
Nasdaq Book or be cancelled, depending on the Time-in-Force of the
Order. See Rule 4703(f).
    \4\ LIST is a routing option designed to allow orders to
participate in the opening and/or closing process of the primary
listing market for a security. See Nasdaq Rule 4758(a)(1)(A)(x).
---------------------------------------------------------------------------

    After the security has opened on its primary listing market, a LIST
order that has not been designated opening only and that has not been
fully executed, rejected, or cancelled will be returned to the Nasdaq
system (the ``System''). Thereafter, the order will check the System
for available shares and simultaneously route the remaining shares to
destinations on the System routing table. Any remaining shares are
posted on the Nasdaq book. In addition, if a LIST order is entered
after the security has opened on the primary listing market (but prior
to two minutes before market close) and the order has not been
designated to participate in the opening only, Nasdaq will check the
System for available shares and simultaneously route the remaining
shares to destinations on the System routing table, with remaining
shares posted on the book.
    Once the order is on the book, orders entered with the LIST routing
option do not route the order to the locking or crossing market center.
With the proposed LSTY routing option, once on the book, should the
order subsequently be locked or crossed by another market center, the
System will route the order to the locking or crossing market center.
    Two minutes before market close, all LIST orders on the book will
begin routing to the security's primary listing market for
participation in its closing process. If a LIST order is received at or
after a time that is two minutes before market close but before market
close, Nasdaq will check the System for available shares and
simultaneously route the remaining shares to destinations on the System
routing table; remaining shares will be routed to the security's
primary listing market to participate in its closing process.
    In sum, LSTY is a routing option that is a variation of the LIST
routing option and shares all the existing functionality with the
exception that after an order is booked, if the order is subsequently
locked or crossed by another market center, the System will route the
order to the locking or crossing market center. The System will only
route an order to the locking or crossing market center after the
security has opened on the primary listing market and prior to two
minutes before market close.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\5\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\6\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
---------------------------------------------------------------------------

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

    In particular, the proposed rule change will satisfy the objectives
of Section 6(b)(5) of the Act by providing market participants with an
additional voluntary routing strategy that is similar to the existing
LIST strategy, except where that System will route an order to the
locking or crossing market center should the order subsequently be
locked or crossed by another accessible market center once the order is
on the book. The proposed change is designed to route to locking or
crossing quotations, which clears locked or crossed market conditions
and helps support fair and orderly markets that protects investors and
the public interest.
    Nasdaq also believes the proposal is not designed to permit unfair
discrimination among market participants because the proposal is for a
voluntary routing option and will be available to any market
participant that so chooses to use it. Additionally, as the Exchange
notes above, the LSTY routing option is similar to the existing LIST
routing option already offered by the Exchange.
    For the foregoing reasons, the Exchange believes that the proposed
rule change is consistent with the Act.

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 not necessary or appropriate in
furtherance of the purposes of the Act.
    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. As discussed above, the
proposed routing option is voluntary and similar to an existing routing
option. Furthermore, the Exchange provides routing services in a highly
competitive market in which participants may avail themselves of a wide
variety of routing options offered by other exchanges, alternative
trading systems, other broker-dealers, market participants' own
proprietary routing systems, and service bureaus. In such an
environment, system enhancements such as the changes proposed in this
rule filing do not burden competition, because they can succeed in
attracting order flow to the Exchange only if they offer investors
higher quality and better value than services offered by others.
Encouraging competitors to provide higher quality and better value is
the essence of a well-functioning competitive marketplace.
    For the foregoing reasons, the Exchange does not believe the
proposed rule change will result in any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6)(iii) thereunder.\10\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\12\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange states that
it wants to implement the LSTY routing option during the 4th quarter of
2023 and granting the waiver would allow market participants and their
customers to benefit more immediately from the increased order handling
flexibility provided by the LSTY routing option. In addition, the
Exchange stated that the proposed rule change presents no unique or
novel issues that have not already been addressed by the Commission.
Accordingly, the Commission hereby waives the 30-day operative delay
and designates the proposal operative upon filing.\13\
---------------------------------------------------------------------------

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

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \14\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-NASDAQ-2023-049 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-NASDAQ-2023-049. 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 website (https://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 website 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. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-NASDAQ-2023-049 and should
be submitted on or before December 27, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-26725 Filed 12-5-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Notices]
[Pages 34406-34407]
[FR Doc No: 2019-15240]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4441-DR; Docket ID FEMA-2019-0001]

Arkansas; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Arkansas (FEMA-4441-DR), dated June 8, 2019, and
related determinations.

DATES: This amendment was issued July 3, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Arkansas is hereby amended to include permanent work
under the Public Assistance program for those areas determined to have
been adversely affected by the event declared a major disaster by the
President in his declaration of June 8, 2019.

    Conway, Crawford, Faulkner, Jefferson, Perry, Pulaski,
Sebastian, and Yell Counties for Public Assistance [Categories C-G]
(already designated for Individual Assistance and assistance for
debris removal and emergency protective measures [Categories A and
B], including direct federal assistance, under the Public Assistance
program).
    Desha and Logan Counties for Public Assistance [Categories A-G]
(already designated for Individual Assistance and emergency
protective measures [Category B], limited to direct federal
assistance, under the Public Assistance program).
    Franklin County for Public Assistance [Categories A-G] (already
designated for emergency protective measures [Category B], limited
to direct federal assistance, under the Public Assistance program).
    Searcy County for Public Assistance [Categories A-G], including
direct federal assistance.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals

and Households; 97.050, Presidentially Declared Disaster Assistance
to Individuals and Households--Other Needs; 97.036, Disaster
Grants--Public Assistance (Presidentially Declared Disasters);
97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-15240 Filed 7-17-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Page 11569]
[FR Doc No: 2017-03564]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER17-976-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Attachment AQ Revisions
Addressing Non-Material Delivery Point Changes to be effective 4/17/
2017.
    Filed Date: 2/16/17.
    Accession Number: 20170216-5074.
    Comments Due: 5 p.m. ET 3/9/17.

    Docket Numbers: ER17-977-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: GIA & DSA Oak Creek I
Project SA Nos. 948-949 to be effective 2/1/2017.
    Filed Date: 2/16/17.
    Accession Number: 20170216-5078.
    Comments Due: 5 p.m. ET 3/9/17.

    Docket Numbers: ER17-978-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: GIA & DSA Oak Creek II
Project SA Nos. 946-947 to be effective 2/1/2017.
    Filed Date: 2/16/17.
    Accession Number: 20170216-5079.
    Comments Due: 5 p.m. ET 3/9/17.

    Docket Numbers: ER17-979-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA SA No. 4618,
Queue Position AB1-150 to be effective 1/17/2017.
    Filed Date: 2/16/17.
    Accession Number: 20170216-5118.
    Comments Due: 5 p.m. ET 3/9/17.

    Docket Numbers: ER17-980-000.
    Applicants: Alliant Energy Corporate Services, Inc.
    Description: Sec.  205(d) Rate Filing: AECS Updated Rate Schedule 2
to be effective 4/17/2017.
    Filed Date: 2/16/17.
    Accession Number: 20170216-5126.
    Comments Due: 5 p.m. ET 3/9/17.

    Docket Numbers: ER17-981-000.
    Applicants: PacifiCorp.
    Description: Sec.  205(d) Rate Filing: WAPA NITSA Rev 5 to be
effective 2/1/2017.
    Filed Date: 2/16/17.
    Accession Number: 20170216-5145.
    Comments Due: 5 p.m. ET 3/9/17.

    Docket Numbers: ER17-982-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to Service
Agreement Nos. 3086 and 4118, Queue No. M24 to Sch. B, C, F to be
effective 2/14/2017.
    Filed Date: 2/16/17.
    Accession Number: 20170216-5160.
    Comments Due: 5 p.m. ET 3/9/17.

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

    Dated: February 16, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-03564 Filed 2-23-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64974-64975]
[FR Doc No: 2021-25231]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34418; 812-15268]

SEI Asset Allocation Trust, et al.

November 15, 2021.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under Section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from Section 15(c) of
the Act.

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

SUMMARY: The requested exemption would permit a Trust's board of
trustees (the ``Board'') to approve new sub-advisory agreements and
material amendments to existing sub-advisory agreements without
complying with the in-person meeting requirement of Section 15(c) of
the Act.

Applicants:  SEI Asset Allocation Trust, SEI Daily Income Trust, SEI
Institutional International Trust, SEI Institutional Investments Trust,
SEI Institutional Managed Trust, SEI Tax Exempt Trust, Adviser Managed
Trust, New Covenant Funds, SEI Catholic Values Trust (each a ``Trust'')
and SEI Investments Management Corporation.

Filing Dates:  The application was filed on September 27, 2021.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the SEC's Secretary at [email protected] and serving the
relevant applicant with a copy of the request by email, if an email
address is listed for the relevant applicant below, or personally or by
mail, if a physical address is listed for the relevant applicant below.
    Hearing requests should be received by the Commission by 5:30 p.m.
on December 10, 2021, and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Pursuant to rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants: John
J. O'Brien, Esq., [email protected].

FOR FURTHER INFORMATION CONTACT: Lisa Reid Ragen, Branch Chief, at
(202) 551-6825 (Division of Investment Management, Chief Counsel's
Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and condition, please refer to Applicants' application, dated
September 27, 2021, which may be obtained via the Commission's website
by searching for the file number, using the Company name box, at http://www.sec.gov/search/search.htm, or by calling<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-25231 Filed 11-18-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 198 (Friday, October 14, 2022)]
[Rules and Regulations]
[Pages 62311-62312]
[FR Doc No: 2022-22395]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0354]
RIN 1625-AA00

Safety Zone; Mystic River, Mystic, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Mystic River for the Mystic Seaport Bridge 100th Anniversary Fireworks
Display. This action is necessary to provide for the safety of life on
the navigable waters in the vicinity of the Mystic Bascule Bridge
during a fireworks display. This rule would prohibit persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port Long Island Sound or a designated representative.

DATES: This rule is effective from 7:45 p.m. through 9:30 p.m. on
Saturday, October 15, 2022 with a rain date effective from 7:45 p.m.
through 9:30 p.m. on Sunday, October 16, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0354 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician 2nd Class Mark Paget, Waterways
Management Division, Sector Long Island Sound; Tele:<PHONE_NUMBER>;
Email: [email protected] .

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Long Island Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 16, 2022, the Mystic Chamber of Commerce notified the
Coast Guard that it will be conducting a fireworks display to
commemorate the Mystic Seaport Bridge 100th Anniversary from 7:45 p.m.
to 9:30 p.m. on Saturday, October 15, 2022, with a rain date scheduled
from 7:45 p.m. to 9:30 p.m. on Sunday, October 16, 2022. The fireworks
are to be launched from a barge in the Mystic River approximately 200
yards west of the Mystic River Boathouse Park, Mystic, CT. Hazards from
fireworks displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris.
    In response, on August 3, 2022, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Safety Zone; Mystic River, Mystic,
CT (87 FR 47381). There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to this fireworks
display. During the comment period that ended September 2, 2022; we
received 0 comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to to facilitate the safety of the
persons and vessels involved in the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Long Island
Sound (COTP) has determined that potential hazards associated with the
fireworks to be used in this October 15, 2022 display will be a safety
concern for anyone within a 200-yard radius of the barge. This rule is
needed to ensure safety of vessels and the navigable waters in the
safety zone before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published
August 3, 2022. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from 7:45 p.m. through 9:30
p.m. on Saturday, October 15, 2022 with a rain date scheduled from 7:45
p.m. through 9:30 p.m. on Sunday October 16, 2022. The safety zone will
cover all navigable waters within 200 yards of a barge in the Mystic
River located approximately 200 yards west of the Mystic River
Boathouse Park, Mystic, CT. The duration of the zone is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the scheduled 8 p.m. to 9 p.m. fireworks display. All persons
or vessels would be prohibited from entering the safety zone without
permission from the COTP or a designated representative.

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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. Due to the size of the fall-
out zone, vessel traffic will be impeded throughout the duration of the
fireworks display.

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 received 0 comments from the Small Business
Administration on this rulemaking. 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
safety

zone 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
call or email 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.

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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 a
safety zone lasting one hour and 45 minutes that would prohibit entry
within 200 yards of a fireworks barge. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T151-0354 to read as follows:

Sec.  165.T151-0354  Safety Zone; Mystic River, Mystic, CT.

    (a) Location. The following area is a safety zone: All waters
within a 200 yard radius of the fireworks barge located at
41[deg]21'54'' N, 71[deg]57'59'' W.
    (b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by<PHONE_NUMBER>. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
    (c) Enforcement period. This section will be enforced from 7:45
p.m. through 9:30 p.m. on October 15, 2022 with a rain date scheduledon
October 16, 2022.

    Dated: October 11, 2022.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2022-22395 Filed 10-13-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 9, 2009 (Volume 74, Number 195)]
[Notices]
[Page 52292-52294]
[DOCID:fr09oc09-122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60783; File No. SR-MSRB-2009-15]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of Amendments to
Rule A-13, on Underwriting Assessments and Rule G-32, on Disclosures in
Connection With Primary Offerings

October 2, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 30, 2009, the Municipal Securities Rulemaking Board
(``MSRB'' or ``Board''), filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared by the MSRB.
The MSRB has designated the proposed rule change as changing a fee
applicable to brokers, dealers and municipal securities dealers
pursuant to Section 19(b)(3)(A)(ii) of the Act,\3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The MSRB is filing amendments to Rule A-13, which provides for fee
assessments based on underwriting activity and Rule G-32, by adding a
definition of commercial paper. The proposed rule change would apply to
primary offerings of municipal securities for which submission of Form
G-32 under Rule G-32(b)(i)(A) is initiated on or after December 1,
2009. The text of the proposed rule change is available on the MSRB's
Web site at http://www.msrb.org/msrb1/sec.asp, at the MSRB's principal
office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to assess reasonable
fees necessary to defray the costs and expenses of operating and
administering the MSRB. The proposed rule change would partially
accomplish this purpose by amending Rule A-13 to eliminate exemptions
in Rule A-13 pertaining to underwriting assessments for primary
offerings of municipal securities that: (i) Have an aggregate par value
less than $1,000,000; (ii) have a final stated maturity of nine months
or less, except commercial paper; (iii) at the option of the holder
thereof, may be tendered to an issuer of such securities or its
designated agent for redemption or purchase at par value or more at
least as frequently as every nine months until maturity, earlier
redemption, or purchase by an issuer or its designated agent; and (iv)
have authorized denominations of $100,000 or more and are sold to no
more than thirty-five persons each of whom the broker, dealer or
municipal securities dealer (``dealer'') reasonably believes: (A) Has
the knowledge and experience necessary to evaluate the merits and risks
of the investment; and (B) is not purchasing for more than one account,
with a view toward distributing the securities (``limited offering'').
The underwriting fee for primary offerings of these securities will be
$.03 per $1000 par value, which is the current underwriting fee for
primary offerings of municipal bonds. Additionally, the proposed rule
change will further harmonize the underwriting fees of notes and bonds
by changing the underwriting fee on primary offerings in which all
securities offered have a final stated maturity less than two years to
the rate of $.03 per

$1000 par value. For purposes of the underwriting assessment under Rule
A-13, a primary offering will be defined to mean a primary offering
under Exchange Act Rule 15c2-12, but excludes subsequent remarketings
after the initial issuance of the bonds or notes. Rule G-32 has also
been amended to include a new definition of commercial paper.
    The MSRB currently levies three types of fees that are generally
applicable to dealers. Rule A-12 provides for a $100 initial fee paid
once by a dealer when it enters the municipal securities business. Rule
A-13 provides for an underwriting fee of $.03 per $1000 par value of
bonds and $.01 per $1000 par value of notes (with specified
exceptions), and a transaction fee of $.005 per $1000 par value of sale
transactions of specified securities. Rule A-14 provides for an annual
fee of $500 from each dealer who conducts municipal securities
activities.
    The underwriting and transaction fees in Rule A-13 assess fees that
are generally proportionate to a dealer's activity within the industry.
Historically, municipal notes were either exempt from underwriting fees
or were subject to reduced underwriting fees ($.01 per $1000), and
variable rate demand obligations, small issues, and limited offerings
also were exempt from underwriting fees. The MSRB believes that such a
fee structure has become increasingly inequitable as the volume of
primary offerings in these categories (including in particular note
issues) has grown, and the MSRB's resources have been devoted to
supporting both notes and bonds. The elimination of exemptions for
these categories of primary offerings will result in fees that are more
fairly, reasonably and equitably allocated to reflect dealer
participation in the overall municipal debt market.
    During the past five years, the Board's ongoing expenses have
increased significantly due to increased regulatory activities and
expanded market information products and services, including the new
Electronic Municipal Market Access system (``EMMA'') to implement the
new ``access equals delivery'' primary market disclosure service under
MSRB Rule G-32 and the new continuing disclosure service to implement
the Commission's amendments to Exchange Act Rule 15c2-12 as well as the
Short-term Obligation Rate Transparency system (``SHORT'') for interest
rate transparency for variable rate demand obligations and auction rate
securities. These new systems and their associated rules greatly
enhance the efficiency of the municipal securities market and provide
critical information to dealers and investors. The proposed rule change
is designed to better match the MSRB's revenues with the operating
costs associated with these important new systems and the costs of
regulating the municipal securities market.
2. Statutory Basis
    The MSRB believes that the proposed rule change is consistent with
the requirements of Section 15B(b)(2)(J) of the Act,\5\ which requires,
in pertinent part, that the MSRB's rules shall:
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78o-4(b)(2)(J).

    Provide that each municipal securities broker and each municipal
securities dealer shall pay to the Board such reasonable fees and
charges as may be necessary or appropriate to defray the costs and
expenses of operating and administering the Board. Such rules shall
---------------------------------------------------------------------------
specify the amount of such fees and charges.

    The proposed rule change provides for reasonable fees, based on
dealer involvement in the municipal securities market that are
necessary to defray MSRB expenses. The proposed rule change will result
in a more equitable distribution of fees among dealers in the municipal
securities market based on their level of activity in the primary
market for municipal bonds and notes.

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

    The MSRB does not believe that the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act, since it would apply equally to all dealers
and would be apportioned based on such dealers' level of participation
in the municipal securities primary market.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \6\ and Rule 19b-4(f)(2) thereunder,\7\ in
that the proposed amendments to Rule A-13 and Rule G-32 change fees
applicable to brokers, dealers and municipal securities dealers. The
proposed rule change would apply to primary offerings of municipal
securities for which submission of Form G-32 under MSRB Rule G-
32(b)(i)(A) is initiated on or after December 1, 2009. 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.\8\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \7\ 17 CFR 240.19b-4(f)(2).
    \8\ See Section 19(b)(3)(C) of the Act, 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change 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-MSRB-2009-15 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-MSRB-2009-15. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the MSRB. 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-MSRB-2009-15 and should be
submitted on or before October 30, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-24354 Filed 10-8-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Proposed Rules]
[Pages 6258-6260]
[FR Doc No: 2013-02050]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0922; Airspace Docket No. 12-ASO-38]

Proposed Amendment of Class E Airspace; West Palm Beach, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E Airspace in the West

Palm Beach, FL area, as new Standard Instrument Approach Procedures
(SIAPs) have been developed at Palm Beach County Park Airport. Airspace
reconfiguration is necessary for the continued safety and management of
instrument flight rules (IFR) operations within the West Palm Beach, FL
airspace area. This action also would update the geographic coordinates
of the airport.

DATES: Comments must be received on or before March 18, 2013.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2012-0922; Airspace Docket No. 12-ASO-38, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule 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-2012-0922; Airspace Docket No. 12-ASO-38) 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.
    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 Docket
No. FAA-2012-0922; Airspace Docket No. 12-ASO-38.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through 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 address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
Holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, room 350, 1701 Columbia Avenue, College Park,
Georgia 30337.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>, to
request a copy of Advisory circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to amend Class E airspace extending upward
from 700 feet above the surface in the West Palm Beach, FL area. New
Standard Instrument Approach Procedures have been developed for Palm
Beach County Park Airport. Airspace reconfiguration is necessary for
the continued safety and management of IFR operations within the West
Palm Beach, FL, airspace area. The geographic coordinates for Palm
Beach County Park Airport also would be adjusted to coincide with the
FAAs aeronautical database.
    Class E airspace designations are published in Paragraph 6005 of
FAA order 7400.9W, dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this 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 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 proposed 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 proposed regulation is within the scope
of that authority as it would amend Class E airspace in the West Palm
Beach, FL, area.
    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.

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(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 7400.9W, Airspace Designations and Reporting
Points, dated August 8, 2012, effective September 15, 2012, is amended
as follows:

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

* * * * *

ASO FL E5 West Palm Beach, FL [Amended]

West Palm Beach, Palm Beach International Airport, FL
    (Lat. 26[deg]40[min]59[sec] N., long. 80[deg]5[min]44[sec] W.)
Palm Beach County Park Airport
    (Lat. 26[deg]35[min]35[sec] N., long. 80[deg]5[min]6[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 10-mile radius of Palm Beach International Airport, and
within a 6.7-mile radius of Palm Beach County Park Airport.

    Issued in College Park, Georgia, on January 18, 2012.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2013-02050 Filed 1-29-13; 8:45 am]
BILLING CODE 4910-13-P