[Federal Register: May 14, 2009 (Volume 74, Number 92)]
[Notices]
[Page 22800-22801]
[DOCID:fr14my09-95]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket No. NHTSA-2009-0096]

Reports, Forms, and Recordkeeping Requirements: Agency
Information Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Request for public comment on proposed collection of
information.

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SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatements of previously approved collections. This
document describes one collection of information for which NHTSA
intends to seek OMB approval.

DATES: Comments must be received on or before July 13, 2009.

ADDRESSES: Refer to the docket notice number cited at the beginning of
this notice and send your comments by any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the instructions for submitting comments.
    Fax:<PHONE_NUMBER>.
    Mail: U.S. Department of Transportation, Docket Operations, M- 30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Ave., SE.,
Washington, DC 20590.
    Hand Delivery: U.S. Department of Transportation, Docket
Operations, M- 30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Ave., SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Charlene Doyle, Contracting Officer's
Technical Representative, Office of Regulatory Analysis and Evaluation,
National Highway Traffic Safety Administration, 1200 New Jersey Ave.,
SE., NVS-431, Washington, DC 20590. Ms. Doyle's phone number is 202-
366-1276 and her e-mail address is<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulations (at 5 CFR
1320.8(d)), an agency must ask for public comment on the following: (i)
Whether the proposed collection of information is necessary for the
proper performance of the functions of the agency, including whether
the information will have practical utility; (ii) The accuracy of the
agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) How to enhance the quality, utility, and clarity of the
information to be collected; and (iv) How to minimize the burden of the
collection of information on those who are to respond, including the
use of appropriate automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology, e.g., permitting electronic submissions of responses. In
compliance with these requirements, NHTSA asks public comment on the
following proposed collection of information:
    Title: Tire Pressure Monitoring System--Special Study.
    Type of Request: New information collection requirement.
    OMB Clearance Number: None.
    Form Number: This collection of information uses no standard forms.
    Required Expiration Date of Approval: Three years from the date of
approval by OMB (i.e., estimated date of September 2012).
    Abstract: Improperly inflated tires pose a safety risk, increasing
the chance of skidding, hydroplaning, longer stopping distances, and
crashes due to flat tires and blowouts. Congress passed the
Transportation Recall Enhancement, Accountability, and Documentation
(TREAD) Act on November 1, 2000, as a direct consequence of hearings
before the Committee on Energy and Commerce on the safety of Firestone
tires and related matters. Section 13 of the TREAD Act directs NHTSA to
conduct rulemaking actions to revise and update the Federal motor
vehicle safety standards for tires, to improve labeling on tires, and
to require a system in new motor vehicles that warns the operator when
a tire is significantly underinflated.
    In response to Section 13 of the TREAD Act, NHTSA's National Center
for Statistics and Analysis (NCSA) conducted the Tire Pressure Special
Study (TPSS) in February 2001. The TPSS was designed to assess to what
extent passenger vehicle operators are aware of the recommended tire
pressures for their vehicles, the frequency and the means they use to
measure their tire pressure, and how significantly the actual measured
tire pressure differed from the manufacturer's recommended tire
pressure. The TPSS found that 26 percent of the cars and 29 percent of
LTVs had at least one tire more than 25 percent below the pressure
recommended by the manufacturer, as specified on the placard located on
the inside of the driver side door.
    In an effort to decrease the number of vehicles with improperly
inflated tires, Tire Pressure Monitoring Systems (TPMS) were mandated
in Federal Motor Vehicle Safety Standard (FMVSS) No. 138, so that
drivers are warned when the pressure in one or more of the vehicle's
tires has fallen to 25 percent or more below the placard pressure, or a
minimum level of pressure specified in the standard, whichever pressure
is higher. To meet FMVSS No. 138, TPMS must indicate which of the four
tires is underinflated. As of September 1, 2007, TPMS was required on
all new light vehicles (i.e., passenger cars, trucks, multipurpose
passenger vehicles, and buses with a gross vehicle weight rating of
10,000 pounds or less, except those

vehicles with dual wheels on an axle). A phase-in period began on
October 5, 2005, requiring that 20 percent of MY 2006 light vehicles be
equipped with TPMS. This phase-in was stepped up to 70 percent for MY
2007, leading to 100 percent for MY 2008.
    Executive Order 12866 requires Federal agencies to evaluate their
existing regulations and programs and measure their effectiveness in
achieving their objectives. However, since the phase-in of TPMS, there
has not been any evaluation of TPMS. The purpose of this survey, Tire
Pressure Monitoring System--Special Study (TPMS-SS), is to evaluate
whether the frequency of underinflated tires has decreased in vehicles
with TPMS in comparison to vehicles of the same age without TPMS. In
addition, the survey will collect data on the drivers' familiarity with
the type of warning given by their TPMS and the action(s) that they
have taken after the warning has been given.
    Description of the Likely Respondents (Including Estimated Number,
and Proposed Frequency of Response to the Collection of Information):
To minimize the survey start-up cost and to provide a trained cadre of
data collectors, field data collection will be conducted through the
infrastructure of the National Automotive Sampling System (NASS)
Crashworthiness Data System (CDS). The NASS CDS consists of 24 Primary
Sampling Units (PSUs) that are a probability sample selected from a
sample frame of 1,195 PSUs. The sample was selected based on the number
of fatal and injury motor vehicle crashes occurring in the PSUs.
    Within each of NASS CDS 24 PSUs, 3 eligible gas stations (i.e., gas
stations with more than one gas island) will be selected from each of
seven randomly eligible Zip codes (i.e., Zip codes with at least 3 gas
stations with more than one gas island) for a total of 21 gas stations
per PSU. The 21 selected gas stations will be assigned to one of the 21
days of the data collection period.
    The universe under study in the National Automotive Sampling System
(NASS) Tire Pressure Monitoring System--Special Study (TPMS-SS)
consists of passenger vehicles equipped with tire pressure monitoring
systems (TPMS) and a set of peer vehicles that are not equipped with
TPMS in the continental United States for the model years 2004 and
newer. Data to be collected shall include in-person collection of
vehicle profile data, tire data, and driver profile data for at least
10,000 passenger vehicles, as well as supplemental data on TPMS use for
600 of these vehicles. For an additional 450 passenger vehicles,
supplemental data on TPMS use will be collected from the driver via one
of the following 3 methods: (1) Filling out a hard copy survey form;
(2) Completing the form on-line; or (3) Being called back by the field
researcher at a later date.
    Additionally, each respondent will receive a card on which the NASS
Data Collectors will have recorded the Manufacturers Recommended Tire
Pressure and the Tire Pressure the Data Collectors read for each of the
vehicle's tires. Consequently, the respondent is receiving benefit in
return for his/her participation.
    Estimate of the Total Annual Reporting and Recordkeeping Burden
Resulting From the Collection of Information: NHTSA estimates that the
average time to collect vehicle, tire, and driver data will be slightly
over 10 minutes for each interview (or a total of 1750 hours) for the
10,000 respondents plus an additional 10 minutes each (or a total of
175 hours) for the 1,050 respondents who will be asked supplemental
questions on TPMS use. Consequently, the total respondent burden hours
is estimated to be 1,925 hours.

    Authority: 44 U.S.C. Section 3506(c)(2)(A).

James F. Simons,
Director, Office of Regulatory Analysis and Evaluation.
[FR Doc. E9-11204 Filed 5-13-09; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 103 (Thursday, May 28, 2020)]
[Notices]
[Pages 32059-32062]
[FR Doc No: 2020-11474]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88933; File No. SR-NYSE-2020-47]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Extend the Temporary Period for Specified Commentaries to Rules 7.35,
7.35A, 7.35B, and 7.35C

May 22, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on May 20, 2020, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 extend the temporary period for specified
Commentaries to Rules 7.35, 7.35A, 7.35B, and 7.35C to end on the
earlier of a full reopening of the Trading Floor facilities to DMMs or
after the Exchange closes on June 30, 2020. The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to extend the temporary period for specified
Commentaries to Rules 7.35, 7.35A, 7.35B, and 7.35C to end on the
earlier of a full reopening of the Trading Floor facilities to DMMs or
after the Exchange closes on June 30, 2020. The current temporary
period that these Rules are in effect ends on the earlier of the
reopening of the Trading Floor facilities or after the Exchange closes
on May 22, 2020.
Background
    To slow the spread of COVID-19 through social-distancing measures,
on March 18, 2020, the CEO of the Exchange made a determination under
Rule 7.1(c)(3) that, beginning March 23, 2020, the Trading Floor
facilities located at 11 Wall Street in New York City would close and
the Exchange would move, on a temporary basis, to fully electronic
trading.\4\ On May 14, 2020, the CEO of the Exchange made a
determination under Rule 7.31(c)(3) to reopen the Trading Floor on a
limited basis on May 26, 2020 to a subset of Floor brokers, subject to
safety measures designed to prevent the spread of COVID-19.\5\
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    \4\ Pursuant to Rule 7.1(e), the CEO notified the Board of
Directors of the Exchange of this determination. The Exchange's
current rules establish how the Exchange will function fully-
electronically. The CEO also closed the NYSE American Options
Trading Floor, which is located at the same 11 Wall Street
facilities, and the NYSE Arca Options Trading Floor, which is
located in San Francisco, CA. See Press Release, dated March 18,
2020, available here: https://ir.theice.com/press/press-releases/all-categories/2020/03-18-2020-204202110.
    \5\ See Trader Update, available here: https://www.nyse.com/trader-update/history#110000251588. Pursuant to Rule 7.1(e), the CEO
notified the Board of Directors of the Exchange of this
determination. All Floor broker firms are being provided the
opportunity for a subset of their staff to return to the Trading
Floor.
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    With this partial reopening, beginning May 26, 2020, Floor brokers
present on the Trading Floor will have access to Floor-based trading
systems and, thus, be able to enter orders on behalf of their customers
as provided for under Exchange rules, including D Orders,\6\ Opening
and Closing D Orders,\7\ Pegged Orders,\8\ and orders with a Yielding
Modifier,\9\ and have access to Closing Auction Imbalance Information,
as provided for in Rule 7.35B(e)(1)(B).
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    \6\ See Rule 7.31(d)(4).
    \7\ See Rules 7.31(c)(1)(C) and (c)(2)(C).
    \8\ See Rule 7.31(h).
    \9\ See Rule 7.31(i)(5).
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    DMMs will continue to be provided access to the Trading Floor on
trading days when an IPO Auction or Core Open Auction for a post-IPO
public offering is scheduled.\10\ Floor brokers present on the Trading
Floor will be able to interact with DMMs in connection with such
Auctions. DMMs will continue to otherwise be absent from the Trading
Floor and, thus, all intra-day trading and other Auctions will be
conducted remotely by the DMM \11\ and Floor brokers will not be able
to enter orders that require DMM involvement.\12\
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    \10\ On March 25, 2020, the CEO of the Exchange made a
determination to partially reopen the Trading Floor on trading days
when there is an IPO Auction to allow a DMM on the Trading Floor for
the limited purpose of effecting such IPO Auction manually. See
Securities Exchange Act Release Nos. 88488 (March 26, 2020), 85 FR
18286 (April 1, 2020) (SR-NYSE-2020-23) (Notice of filing and
immediate effectiveness of proposed rule change). On April 1, 2020,
the CEO of the Exchange made a determination to partially reopen the
Trading Floor on trading days when a Core Open Auction is scheduled
in connection with a listed company's post-IPO public offering to
allow a DMM on the Trading Floor for the limited purpose of
effecting such Core Open Auctions manually. See Securities Exchange
Act Release No. 88546 (April 2, 2020), 85 FR 19782 (April 8, 2020)
(SR-NYSE-2020-28) (Notice of filing and immediate effectiveness of
proposed rule change).
    \11\ If a DMM is unable to facilitate an Auction electronically,
the Exchange would facilitate such Auction pursuant to Rule 7.35C.
    \12\ See, e.g., Rules 76 (describing crossing orders) and
7.35B(a)(1) (describing Floor broker interest that is verbally
represented by a Floor broker by the end of Core Trading Hours,
which must be electronically accepted by the DMM before it can
participate in the Closing Auction).
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Proposed Rule Change
    For the period while the Trading Floor has been temporarily closed,
the Exchange has modified the rules governing Auctions to add
Commentaries to Rules 7.35, 7.35A, 7.35B, and 7.35C \13\ that are in
effect until the earlier of the reopening of the Trading Floor
facilities or after the Exchange closes on May 22, 2020.\14\
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    \13\ See Securities Exchange Act Release Nos. 88413 (March 18,
2020), 85 FR 16713 (March 24, 2020) (SR-NYSE-2020-19) (amending Rule
7.35C to add Commentary .01); 88444 (March 20, 2020), 85 FR 17141
(March 26, 2020) (SR-NYSE-2020-22) (amending Rules 7.35A to add
Commentary .01, 7.35B to add Commentary .01, and 7.35C to add
Commentary .02); 88488 (March 26, 2020), 85 FR 18286 (April 1, 2020)
(SR-NYSE-2020-23) (amending Rule 7.35A to add Commentary .02); 88546
(April 2, 2020), 85 FR 19782 (April 8, 2020) (SR-NYSE-2020-28)
(amending Rule 7.35A to add Commentary .03); 88562 (April 3, 2020),
85 FR 20002 (April 9, 2020) (SR-NYSE-2020-29) (amending Rule 7.35C
to add Commentary .03); 88705 (April 21, 2020), 85 FR 23413 (April
27, 2020) (SR-NYSE-2020-35) (amending Rule 7.35A to add Commentary
.04); 88725 (April 22, 2020), 85 FR 23583 (April 28, 2020) (SR-NYSE-
2020-37) (amending Rule 7.35 to add Commentary .01); and 88829 (May
6, 2020), 85 FR 28115 (May 12, 2020) (SR-NYSE-2020-41) (amending
Rule 7.35B to add Commentary .02 to Rule 7.35B).
    \14\ See Securities Exchange Act Release No. 88891 (May 15,
2020) (SR-NYSE-2020-45) (Notice of filing and immediate
effectiveness of proposed rule change to extend the temporary period
for Commentaries to Rules 7.35, 7.35A, 7.35B, and 7.35C to end on
the earlier of the reopening of the Trading Floor facilities or
after the Exchange closes on May 22, 2020).
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    Because DMM access to the Trading Floor will not change with the
partial reopening on May 26, 2020, the Exchange is proposing to extend
the following Commentaries related to the absence of DMMs from the
Trading Floor, until such time that there is a full reopening of the
Trading Floor facilities to DMMs:
     Commentary .01 to Rule 7.35; \15\
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    \15\ Although a subset of Floor brokers will be on the Trading
Floor after May 26, 2020, an IPO Auction may still be conducted by a
DMM remotely as provided for in Commentary .04 to Rule 7.35A. If a
DMM chooses to conduct an IPO Auction remotely, Floor brokers on the
Trading Floor will not have access to IPO Auction imbalance
information. For this reason, the Exchange is proposing to extend
the temporary rule providing for the dissemination of Auction
Imbalance Information for IPO Auctions.
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     Commentaries .01, .02, .03, and .04 to Rule 7.35A;
     Commentary .01 to Rule 7.35B; \16\ and
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    \16\ The Exchange is not proposing to extend the effective date
of Commentary .02 to Rule 7.35B.
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     Commentaries .01, .02, and .03 to Rule 7.35C
    To reflect that the Trading Floor facilities will continue to be
closed to DMMs after May 22, 2020, except on trading days when there is
an IPO or post-IPO public offering scheduled to allow a DMM on the
Trading Floor for the limited purpose of effecting such IPO Auction or
Core Open Auction manually, the Exchange proposes to extend the end
date of each of the above Commentaries to provide that such Rules would
be in effect for the temporary period that ends on the earlier of a
full reopening of the Trading Floor facilities to DMMs or after the
Exchange closes on June 30, 2020.
    The Exchange is not proposing any substantive changes to these
Rules.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\17\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\18\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove

impediments to and perfect the mechanism of a free and open market and
a national market system.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
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    To reduce the spread of COVID-19, the CEO of the Exchange made a
determination under Rule 7.1(c)(3) that beginning March 23, 2020, the
Trading Floor facilities located at 11 Wall Street in New York City
would close and the Exchange would move, on a temporary basis, to fully
electronic trading. In connection with such temporary closure of the
Trading Floor, the Exchange adopted Commentaries to Rules 7.35, 7.35A,
7.35B, and 7.35C, which are in effect until May 22, 2020. On May 14,
2020, the CEO made a determination under Rule 7.1(c)(3) that, beginning
May 26, 2020, the Trading Floor would be partially reopened to allow a
subset of Floor brokers to return to the Trading Floor. DMM access to
the Trading Floor will not change after May 22, 2020.
    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because DMM access to the Trading Floor will
not change after May 22, 2020. Accordingly, the Exchange believes that
the temporary rule changes in effect pursuant to the Commentaries to
Rules 7.35, 7.35A, 7.35B, and 7.35C (other than Commentary .02 to Rule
7.35B), which are intended to be in effect during the temporary period
while the Trading Floor is closed to DMMs, should be extended until
such time that there is a full reopening of the Trading Floor
facilities to DMMs. The Exchange is not proposing any substantive
changes to these Rules.
    The Exchange believes that, by clearly stating that this relief
will be in effect through the earlier of a full reopening of the
Trading Floor facilities to DMMs or the close of the Exchange on June
30, 2020, market participants will have advance notice of the temporary
period during which the Commentaries to Rules 7.35, 7.35A, 7.35B, and
7.35C will be in effect, including that Commentary .02 to Rule 7.35B
will sunset on May 22, 2020.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues but rather would extend
the period during which Commentary .01 to Rule 7.35; Commentaries .01,
.02, .03, and .04 to Rule 7.35A; Commentary .01 to Rule 7.35B; and
Commentaries .01, .02, and .03 to Rule 7.35C will be in effect. These
Commentaries are intended to be in effect during the temporary period
while the Trading Floor is closed to DMMs and currently expire on May
22, 2020. Because the Trading Floor will remain temporarily closed to
DMMs past May 22, 2020, the Exchange proposes to extend the temporary
period for these Commentaries to end on the earlier of a full reopening
of the Trading Floor facilities to DMMs or after the Exchange closes on
June 30, 2020.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \19\ and Rule 19b-4(f)(6) thereunder.\20\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \21\ and Rule 19b-
4(f)(6) thereunder.\22\
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    \19\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 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.
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    A proposed rule change filed under Rule 19b-4(f)(6) \23\ normally
does not become operative for 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\24\ 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 proposal would extend
the temporary period during which Commentary .01 to Rule 7.35;
Commentaries .01, .02, .03, and .04 to Rule 7.35A; Commentary .01 to
Rule 7.35B; and Commentaries .01, .02, and .03 to Rule 7.35C will be in
effect to end on the earlier of a full reopening of the Trading Floor
facilities to DMMs or after the Exchange closes on June 30, 2020.\25\
The proposal would not make any substantive changes to these
Commentaries. The Exchange has represented that these Commentaries are
intended to be in effect during the temporary period while the Trading
Floor is closed to DMMs and currently expire on May 22, 2020. According
to the Exchange, while the Trading Floor will partially reopen to a
subset of Floor brokers on May 26, 2020, DMM access to the Trading
Floor will not change after May 22, 2020.\26\ The Commission notes
that, without a waiver of the operative delay, these Commentaries would
cease to apply while the Exchange's Trading Floor facilities are still
temporary closed to DMMs.\27\ For these reasons, the Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest. Accordingly, the
Commission hereby waives the 30-day operative delay and designates the
proposal operative upon filing.\28\
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    \23\ 17 CFR 240.19b-4(f)(6).
    \24\ 17 CFR 240.19b-4(f)(6)(iii).
    \25\ Commentary .02 to Rule 7.35B will sunset on May 22, 2020.
    \26\ According to the Exchange, the Trading Floor facilities
will continue to be closed to DMMs, except on trading days when an
IPO Auction or Core Open Auction for a post-IPO public offering is
scheduled to allow a DMM on the Trading Floor for the limited
purpose of effecting such IPO Auction or Core Open Auction manually.
    \27\ See supra note 26 and accompanying text.
    \28\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change 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-NYSE-2020-47 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-NYSE-2020-47. 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 (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 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 10:00 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2020-47, and should be submitted on
or before June 18, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
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    \29\ 17 CFR 200.30-3(a)(12), (59).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-11474 Filed 5-27-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Notices]
[Pages 36108-36109]
[FR Doc No: 2011-15421]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

    Docket Numbers: RP95-408-078.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Columbia Gas Transmission, LLC submits its annual
report regarding Columbia's profits resulting from Columbia's sales of
base gas.
    Filed Date: 04/28/2011.
    Accession Number: 20110428-5335.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 14, 2011.

    Docket Numbers: RP11-2036-001.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America LLC submits
tariff filing per 154.205(b): Amended Negotiated Rate Filing to be
effective 4/26/2011 under RP11-2036 Filing Type: 600.
    Filed Date: 05/25/2011.
    Accession Number: 20110525-5090.
    Comment Date: 5 p.m. Eastern Time on Monday, June 13, 2011.

    Docket Numbers: RP11-1429-001.
    Applicants: Trans-Union Interstate Pipeline, L.P.
    Description: Trans-Union Interstate Pipeline, L.P. submits tariff
filing per: Supplement to Order 587-U Compliance Filing to be effective
N/A.
    Filed Date: 06/08/2011.
    Accession Number: 20110608-5094.
    Comment Date: 5 p.m. Eastern Time on Monday, June 20, 2011.

    Docket Numbers: CP09-54-009.
    Applicants: Ruby Pipeline, L.L.C.
    Description: Third Petition to Amend the Application of Ruby
Pipeline, L.L.C.
    Filed Date: 06/07/2011.
    Accession Number: 20110607-5140.
    Comment Date: 5 p.m. Eastern Time on Friday, June 17, 2011.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be

taken, but will not serve to make protestants parties to the
proceeding. Such protests must be filed on or before 5 p.m. Eastern
time on the specified comment date. Anyone filing a protest must serve
a copy of that document on all the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: June 9, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-15421 Filed 6-20-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29563-29565]
[FR Doc No: 2023-09233]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1077; Airspace Docket No. 23-AGL-16]
RIN 2120-AA66

Amendment of Class E Airspace; Devils Lake, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace at Devils
Lake, ND. The FAA is proposing this action as the result of an airspace
review due to the decommissioning of the Devils Lake very high
frequency omnidirectional range (VOR) as part of the VOR Minimum
Operating Network (MON) Program. The geographic coordinates of the
airport would also be updated to coincide with the FAA's aeronautical
database.

DATES: Comments must be received on or before June 22, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-1077 and
Airspace Docket No. 23-AGL-16 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instruction for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the

agency's authority. This rulemaking is promulgated under the authority
described in Subtitle VII, Part A, Subpart I, Section 40103. Under that
section, the FAA is charged with prescribing regulations to assign the
use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would amend the Class E surface airspace and the Class
E airspace extending upward from 700 feet above the surface Class E
surface airspace at Devils Lake Regional Airport, Devils Lake, ND, to
support instrument flight rule (IFR) operations at this airport.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it received on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or dely. The FAA may change this proposal in light of
the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT post these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov as described in the system
of records notice (DOT/ALL-14FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the Federal Aviation Administration, Air
Traffic Organization, Central Service Center, Operations Support Group,
10101 Hillwood Parkway, Fort Worth, TX 76177.

Incorporation by Reference

    Class E airspace is published in paragraph 6005 of FAA Order JO
7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document proposes to amend the current version of that order, FAA Order
JO 7400.11G, dated August 19, 2022, and effective September 15, 2022.
These updates would be published subsequently in the next update to FAA
Order JO 7400.11. That order is publicly available as listed in the
ADDRESSES section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing to amend 14 CFR part 71 by:
    Modifying the Class E surface airspace to within a 4.3-mile
(increased from a 4-mile) radius of Devils Lake Regional Airport,
Devils Lake, ND; removing the Devils Lake VOR/DME and associated
extensions from the airspace legal description; updating the geographic
coordinates of the airport to coincide with the FAA's aeronautical
database; and replacing the outdated term ``Notice to Airmen'' with
``Notice to Air Missions'';
    Modifying the Class E airspace extending upward from 700 feet above
the surface to within a 6.8-mile (decreased from an 8.7-mile) radius of
Devils Lake Regional Airport; removing the Devils Lake VOR/DME from the
airspace legal description; removing the Class E airspace extending
upward from 1,200 feet above the surface as it is now redundant with
the Class E airspace extending upward from 1,200 feet above the surface
over the State of North Dakota; and updating geographic coordinates of
the airport to coincide with the FAA's aeronautical database.
    This action is the result of an airspace review due to the
decommissioning of the Devils Lake VOR, which provided navigation
information to this airport, as part of the VOR MON Program, and to
support IFR operations at this airport.

Regulatory Notices and Analyses

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

Environmental Review

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

List 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 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

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

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area

* * * * *

AGL ND E2 Devils Lake, ND [Amended]

Devils Lake Regional Airport, ND
    (Lat. 48[deg]07'00'' N, long. 98[deg]54'37'' W)

    Within a 4.3-mile radius of Devils Lake Regional Airport. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Air Missions. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

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

* * * * *

AGL ND E5 Devils Lake, ND [Amended]

Devils Lake Regional Airport, ND
    (Lat. 48[deg]07'00'' N, long. 98[deg]54'37'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Devils Lake Regional Airport.

    Issued in Fort Worth, Texas, on April 27, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-09233 Filed 5-5-23; 8:45 am]
BILLING CODE 4910-13-P