[Federal Register: January 14, 2009 (Volume 74, Number 9)]
[Rules and Regulations]
[Page 1874-1875]
[DOCID:fr14ja09-5]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1046; Airspace Docket No. 08-ASW-21]

Amendment of Class E Airspace; Houston, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Houston, TX. Additional
controlled airspace is necessary to accommodate Area Navigation (RNAV)
Standard Instrument Approach Procedures (SIAP) at Lone Star Executive
Airport, Conroe, TX. The FAA is taking this action to enhance the
safety and management of Instrument Flight Rule (IFR) operations at
Lone Star Executive Airport.

DATES: Effective Date: 0901 UTC, March 12, 2009. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Ft. Worth, TX 76193-0530; telephone (817)
222-5582.

SUPPLEMENTARY INFORMATION:

History

    On November 17, 2008, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace at Houston, TX,
adding additional controlled airspace at Lone Star Executive Airport,
Conroe, TX (73 FR 67823, Docket No. FAA-2008-1046). Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. No comments were received.
Class E airspace designations are published in paragraph 6005 of FAA
Order 7400.9S signed October 3, 2008, and effective October 31, 2008,
which is incorporated by reference in 14 CFRp 71.1. The Class E
airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace at Houston, TX, adding additional
controlled airspace at Lone Star Executive Airport, Conroe, TX. This
rule also updates the geographic coordinates of Chambers County
Airport, and changes Sholes Field to Sholes International at Galveston,
TX.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it adds additional controlled airspace in the Houston, TX airspace
area, at Lone Star Executive Airport, Conroe, TX.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

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

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008, is amended as follows:

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

* * * * *

ASW TX E5 Houston, TX [Amended]

Point of Origin
    (Lat. 30[deg]35'01'' N., long. 95[deg]28'01'' W.)
Anahuac, Chambers County Airport, TX
    (Lat. 29[deg]46'11'' N., long. 94[deg]39'49'' W.)
Galveston, Scholes International at Galveston, TX
    (Lat. 29[deg]15'55'' N., long. 94[deg]51'38'' W.)
Brookshire, Woods No. 2 Airport, TX
    (Lat. 29[deg]47'37'' N., long. 95[deg]55'31'' W.)
Fulshear, Covey Trails Airport, TX
    (Lat. 29[deg]41'24'' N., long. 95[deg]50'23'' W.)
Conroe, Lone Star Executive Airport, TX
    (Lat. 30[deg]21'09'' N., long. 95[deg]24'52'' W.)

    That airspace extending upward from 700 feet above the surface
within an area bounded by a line beginning at the Point of Origin to
lat. 29[deg]45'00'' N., long. 94[deg]44'01'' W.; thence from lat.
29[deg]45'00'' N., long. 94[deg]44'01'' W. to a point of tangency
with the east arc of a 7.6-mile radius of Scholes International at
Galveston, and within a 7.6-mile radius of Scholes International at
Galveston; thence from lat. 29[deg]17'04'' N., long. 95[deg]00'13''
W.; to lat. 29[deg]30'01'' N., long. 95[deg]54'01'' W.; to lat.
30[deg]26'01'' N., long. 95[deg]42'01'' W.; to the point of origin,
and within a 6.6-mile radius of Lone Star Executive Airport, and
within a 6.5-mile radius of Woods No. 2 Airport, and within a 6.4-
mile radius of Covey Trails Airport excluding that airspace within
the Anahuac, TX, Class E airspace area.
* * * * *

    Issued in Fort Worth, TX, on January 7, 2009.
Walter L. Tweedy,
Acting Manager, Operations Support Group, Central Service Center.
 [FR Doc. E9-516 Filed 1-13-09; 8:45 am]

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[Federal Register: May 11, 2010 (Volume 75, Number 90)]
[Notices]
[Page 26303-26304]
[DOCID:fr11my10-137]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62034; File No. SR-CBOE-2010-035]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Amending CBOE Rules 9.11, 9.18 and 9.21 To Correspond and
Harmonize With Rules of the Financial Industry Regulatory Authority,
Inc.

May 4, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that the Chicago Board Options Exchange, Incorporated (``Exchange'' or
``CBOE'') filed with the Securities and Exchange Commission (the
``Commission'') on April 9, 2010, the proposed rule change as described
in Items I, II, and III below, which Items have been substantially
prepared by the Exchange. The Exchange has designated the proposed rule
change as constituting a ``non-controversial'' rule change under
paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which renders the
proposal effective upon receipt of the filing by the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its guarantees and profit sharing,
confirmation to customers, and options communication rules to harmonize
the Exchange's requirements with those of the Financial Industry
Regulatory Authority (``FINRA''). The text of the proposed rule change
is available on the Exchange's Web site at http://www.cboe.org/Legal,
at the Exchange's Office of the Secretary, and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
    Pursuant to Rule 17d-2 under the Act,\4\ the BATS Exchange, Inc.
(``BATS''), CBOE, C2 Options Exchange, Incorporated (``C2''), the
International Securities Exchange, LLC (``ISE''), FINRA, the New York
Stock Exchange LLC (``NYSE''), NYSE Amex LLC (``Amex''), NYSE Arca,
Inc. (``Arca''), The NASDAQ Stock Market LLC (``NASDAQ''), NASDAQ OMX
BX, Inc. (``BX''), and NASDAQ OMX PHLX, Inc. (``Phlx''), (collectively
the ``Options Self Regulatory Council''), entered into an agreement
dated February 9, 2010 (the ``17d-2 Agreement'') to allocate regulatory
responsibility for common rules.
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    \4\ 17 CFR 240.17d-2.
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    First, by this proposal, the Exchange seeks to harmonize its
``Sharing in Accounts'' rule with FINRA's rule pursuant to the terms of
the 17d-2 Agreement. In order to maintain substantial similarity with
FINRA rules, the Exchange proposes to amend CBOE Rule 9.18(a) to
clarify that the prohibition against guarantees also applies to persons
associated with a member and to delete the language of CBOE Rule 9.18
related to profit sharing of a customer account, and replace it with
the language of FINRA Rule 2150(c), Sharing in Accounts; Extent
Permissible. FINRA Rule 2150(c) contains the same prohibition against
sharing in accounts as CBOE Rule 9.18, but with additional limited
exceptions. The general prohibition contained in CBOE Rule 9.18 against
sharing in the profits or losses of a customer account is currently
covered by the 17d-2 Agreement. However, the limited exceptions of
FINRA Rule 2150(c) are not covered by the 17d-2 Agreement. The Exchange
proposes to add those limited exceptions to CBOE Rule 9.18 to harmonize
its rule with the FINRA rule and add those limited exceptions pursuant
to the 17d-2 Agreement. The portion of the rule prohibiting the
guarantee of a customer against loss will remain unchanged.
    Second, CBOE proposes to amend its confirmation rule, CBOE Rule
9.11, to add a requirement that confirmations disclose whether the
transaction was an opening or closing transaction to harmonize the rule
with FINRA Rule 2360(b)(12).
    Third, CBOE proposes to amend its options communication rule, CBOE
Rule 9.21, by deleting the term ``market letters'' in the definition of
``sales literature'' and adding the term ``market letters'' to the
definition of ``correspondence'' to harmonize the rule with FINRA Rule
2220 and NASD Rule 2210(a)(2).
2. Statutory Basis
    CBOE believes that the proposed rule change is consistent with the
provisions of, and furthers the objectives of, Section 6(b)(5) of the
Act,\5\ which requires, among other things, that the Exchange's rules
must be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Specifically,
the proposed rule changes, by harmonizing CBOE rules with FINRA rules,
would provide CBOE Members with a clearer regulatory scheme. The
Exchange further notes that the proposed rule changes are neither novel
nor controversial and are modeled on existing FINRA rules.
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    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-4(f)(6)
thereunder.\7\ A proposed rule change filed under Rule 19b-4(f)(6) \8\
normally does not become operative prior to 30 days after the date of
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\9\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. CBOE has asked the
Commission to waive the 30-day operative delay so that the proposal may
become operative immediately upon filing. Because the proposed rule
change will harmonize the CBOE rules pertaining to guarantees and
profit sharing, confirmations to customers, and options communications
with the comparable FINRA rules pursuant to the 17d-2 Agreement, the
Commission finds that it is consistent with the protection of investors
and the public interest to waive the 30-day operative delay, and hereby
grants such waiver.\10\
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ Id.
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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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-CBOE-2010-035 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-CBOE-2010-035. 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of CBOE. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly.
    All submissions should refer to File Number SR-CBOE-2010-035 and
should be submitted on or before June 1, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-11096 Filed 5-10-10; 8:45 am]
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