[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Notices]
[Pages 12402-12405]
[FR Doc No: 2013-04100]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68941; File No. SR-CBOE-2013-022]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the CBOE Stock Exchange Fees Schedule

February 15, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 12, 2013, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the Fees Schedule of its CBOE Stock
Exchange (``CBSX''). The text of the proposed rule change is available
on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission.

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 make a number of changes to the CBSX Fees
Schedule. First, the Exchange proposes to amend the reference in
Section 10 of the CBSX Fees Schedule to CBOEdirect to refer to CBOE
Command, as the manner through which CBSX Traders connect to the CBSX
System is now called CBOE Command.
    Second, CBSX proposes eliminate the distinction between Sponsored
Users and non-Sponsored Users as they relate to CBOE Command
Connectivity Charges. Currently, Sponsored Users are charged twice the
regular monthly fees for such charges, with the types and amounts of
such fees described in the chart below:

------------------------------------------------------------------------
                                                              Sponsored
                  Description                     Regular        user
                                                monthly fee  monthly fee
------------------------------------------------------------------------
Network Access Port (1 Gbps)..................         $250         $500
Network Access Port (10 Gbps).................        1,000        2,000
Network Access Port (Disaster Recovery).......          250          500
CMI Login ID..................................          100          200
FIX Login ID..................................          100          200
------------------------------------------------------------------------

    Going forward, the Exchange proposes to assess to Sponsored Users
and all other non-Trading Permit Holders the same CBOE Command
Connectivity Charges as are assessed to Trading Permit Holders
(``TPHs''), and to state that all such fees apply to non-TPHs as well
as TPHs. The purpose of the proposed change is to simplify the
Exchange's fees structure for connectivity to the Exchange and have a
standard set of connectivity fees that apply to both TPHs and non-TPHs.
    CBSX also proposes to amend the manner in which it determines which
fee tiers apply for Maker transactions in securities priced $1 or
greater. Currently, fees for such transactions are assessed depending
on the amount of shares of liquidity that a Maker adds in one day, with
the fee amount lowering based on a Maker adding higher levels of
liquidity in one day. The current tiers

and fees for such transactions are as follows:

------------------------------------------------------------------------
          Execution type                            Rate
------------------------------------------------------------------------
Maker (adds 4,999,999 shares or     $0.0018 per share.
 less of liquidity in one day).
Maker (adds 5,000,000-9,999,999     $0.0017 per share.
 shares of liquidity in one day).
Maker (adds 10,000,000-14,999,999   $0.0016 per share.
 shares of liquidity in one day).
Maker (adds 15,000,000-24,999,999   $0.0015 per share.
 shares of liquidity in one day).
Maker (adds 25 million shares or    $0.0014 per share.
 more of liquidity in one day).
------------------------------------------------------------------------

    CBSX proposes to cease determining such rates using nominal volume
thresholds. Instead, CBSX proposes to use relative thresholds by
calculating a CBSX Trader's per-share Maker fees, using the Maker's
percentage of total consolidated volume (calculated as the volume
reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan) (``TCV''). As such, the
proposed tiers and fees are as follows:

------------------------------------------------------------------------
          Execution type                            Rate
------------------------------------------------------------------------
Maker (adds less than 0.08% of TCV  $0.0018 per share.
 of liquidity in one day).
Maker (adds at least 0.08% but      $0.0017 per share.
 less than 0.16% of TCV of
 liquidity in one day).
Maker (adds at least 0.16% but      $0.0016 per share.
 less than 0.24% of TCV of
 liquidity in one day).
Maker (adds at least 0.24% but      $0.0015 per share.
 less than 0.42% of TCV of
 liquidity in one day).
Maker (adds 0.42% or more of TCV    $0.0014 per share.
 of liquidity in one day).
------------------------------------------------------------------------

    The current nominal ``amount of shares'' thresholds and proposed
``percentage of TCV'' thresholds are intended to correspond (i.e.
4,999,999 shares or less of liquidity generally corresponds with .08%
of TCV, etc., based on current TCV levels), and CBSX does not propose
to change the amounts of the per-share rates at each tier. The purpose
of the change to move away from basing the fee tiers on nominal shares
per day to a relative percentage of TCV is to control and account for
changes in national industry-wide volume.
    To correspond with this proposed change, CBSX proposes to adopt the
definition of ``TCV'' (as defined above) as Footnote 5 to Section 2 of
the CBSX Fees Schedule. CBSX also proposes to amend Footnote 1 to
Section 2 to account for the use of percentage of TCV to determine per-
share fees for Maker transactions in securities priced $1 or greater.
The proposed new Footnote 1 will read: ``These rates apply to all
transactions in securities priced $1 or greater made by the same market
participant in any day in which such participant adds (for Makers) or
removes (for Takers) the established amount of shares (or percentage of
TCV, as applicable) or more of liquidity that is determined in the
chart above for each tier. Market participants who share a trading
acronym or MPID may aggregate their trading activity for purposes of
these rates. Qualification for these rates will require that a market
participant appropriately indicate his trading acronym and/or MPID in
the appropriate field on the order.''
    CBSX also proposes to make two other changes to its Fees Schedule.
First, in the ``Execution Type'' column of the first Maker fee tier
listed in Section 2, CBSX proposes to move an end-parentheses so that
footnotes referenced in that area are all outside of the parentheses,
as such footnotes are in all other boxes in the ``Execution Type''
column.
    Second, CBSX proposes to delete Section 3 (``Market Data'') from
its Fees Schedule. Section 3 currently states: ``Market Data
Infrastructure Fee: This fee is charged monthly to participants who
receive market data from a third party market data vendor through
CBSX's market data infrastructure. The Exchange will pass-through to
participants receiving the data the total costs incurred by the
Exchange to provide the market data infrastructure. The amount of the
fee is equal to the Exchange's total costs divided by the number of
participants receiving the data. Due to certain fixed costs incurred by
the Exchange, each participant receiving the data as of February 15,
2010 will be obligated to pay the fee through June 30, 2010, even if
such participant terminates its receipt of the data prior to June 30,
2010.''
    CBSX no longer provides the service being described in Section 3,
meaning that CBSX market participants can no longer receive CBSX-
related market data from a third party market data vendor through
CBSX's market data infrastructure. As such, CBSX proposes to delete
Section 3 from its Fees Schedule. In conjunction with this deletion,
each of Sections 4-8 will now be renumbered as Sections 3-7,
respectively.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\3\ Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(4) of the Act,\4\ which requires that
Exchange rules provide for the equitable allocation of reasonable dues,
fees, and other charges among its Trading Permit Holders and other
persons using its facilities. Eliminating, for the purpose of CBOE
Command Connectivity Charges, the distinction between Sponsored Users
and stating that these fees apply to both TPHs and non-TPHs is
reasonable because it will allow Sponsored Users and other non-TPHs to
pay half the amount that Sponsored Users are currently assessed for
such fees and ensure that TPHs and non-TPHs pay the same amounts in
connectivity fees. The proposed change is equitable and not unfairly
discriminatory because it will allow Sponsored Users and non-TPHs to be
assessed the same amounts as TPHs.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that converting the qualification for the
different fee tiers for Maker transactions in securities priced $1 or
greater from measuring by nominal amount of shares to measuring by
relative percentage of TCV is reasonable because it allows CBSX to
control and account for changes in

national industry-wide volume. The Exchange believes that the change is
equitable and not unfairly discriminatory because it will be applied to
all CBSX Traders. The change merely switches out the measuring stick to
use one that accounts for changes in industry-wide volume. Further,
other exchanges also measure volume using percentage of TCV.\5\
---------------------------------------------------------------------------

    \5\ See BATS Exchange, Inc. (``BATS'') Fee Schedule, section on
Equities Pricing.
---------------------------------------------------------------------------

    The Exchange believes that (1) Amending the reference in Section 10
of the CBSX Fees Schedule to CBOEdirect to accurately refer to CBOE
Command, (2) moving the end-parentheses in the first Maker row of the
``Execution Type'' column of Section 2 of the CBSX Fees Schedule, (3)
deleting Section 3 from the CBSX Fees Schedule, and correspondingly (4)
re-numbering each of Sections 4-8 as Sections 3-7, respectively, are
all consistent with the Section 6(b)(5) \6\ requirements that the rules
of an exchange 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 regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Providing the correct reference to the manner through which CBSX
Traders connect to the CBSX System, placing the footnotes in consistent
places in Section 2, deleting a Section that refers to a service which
is no longer provided by CBSX, and re-numbering the following sections
on the CBSX Fees Schedule due to that deletion, will all serve to
eliminate any potential confusion, thereby removing impediments to and
perfecting the mechanism of a free and open market and a national
market system, and, in general, protecting investors and the public
interest.
---------------------------------------------------------------------------

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

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

    CBSX does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Eliminating, for the purpose of
CBOE Command Connectivity Charges, the distinction between Sponsored
Users and stating that these fees apply to both TPHs and non-TPHs will
relieve any possible burden on intramarket competition because it will
ensure that TPHs and non-TPHs will be paying the same fee amounts. The
Exchange believes that the proposed change will not impose any burden
on intermarket competition, or have an impact on intermarket
competition, because the proposed changes apply merely to connections
to CBSX, and each exchange has different manners and structures for
connectivity. Further, to the extent that the elimination of separate
higher fees for Sponsored Users and the statement that the regular fees
apply to both TPHs and non-TPHs could attract market participants
connecting to other exchanges to connect to CBSX, market participants
trading on other exchanges can always elect to do so.
    The Exchange believes that converting the qualification for the
different fee tiers for Maker transactions in securities priced $1 or
greater from measuring by nominal amount of shares to measuring by
relative percentage of TCV will not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. The Exchange does not believe this change imposes a
significant burden on intramarket competition, as it applies to all
CBSX Traders. The Exchange does not believe this change impose [sic] a
significant burden on intermarket competition because it will put CBSX
on an more even competitive footing with other exchanges that already
use percentage of TCV to determine fees.\7\
---------------------------------------------------------------------------

    \7\ See BATS Fee Schedule, section on Equities Pricing.
---------------------------------------------------------------------------

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
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and paragraph (f) of Rule 19b-4 \9\
thereunder. 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-CBOE-2013-022 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-2013-022. 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 20549-1090 on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal offices of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
CBOE-2013-022, and should be submitted on or before March 15, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-04100 Filed 2-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Page 42679]
[FR Doc No: 2017-19162]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2401-000]

SP Decatur Parkway Solar, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
SP Decatur Parkway Solar, LLC`s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 25, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: September 5, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-19162 Filed 9-8-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Proposed Rules]
[Pages 53342-53343]
[FR Doc No: 2016-19004]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-1068; Airspace Docket No. 14-AWP-12]

Proposed Amendment of Class E Airspace, Kahului, HI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify Class E airspace designated as
an extension to a Class C surface area, and modify Class E airspace
extending upward from 700 feet above the surface at Kahului Airport,
Kahului, HI. Due to changes to the available instrument flight
procedures since the last review and advances in Global Positioning
System (GPS) mapping accuracy, the FAA found airspace modifications are
necessary to ensure the safety and management of Instrument Flight
Rules (IFR) operations at the airport with a minimum amount of airspace
restriction.

DATES: Comments must be received on or before September 26, 2016.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the U.S. Department of Transportation, Docket Operations, 1200
New Jersey Avenue SE., West Bldg. Ground Floor Rm. W12-140, Washington,
DC 20590; Telephone: 1-800-647-5527, or<PHONE_NUMBER>. The Order is also
available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of FAA Order
7400.9Z at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2014-1068;
Airspace Docket No. 14-AWP-12.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document and other recently published
rulemaking documents may be accessed and downloaded through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.9Z, Airspace
Designations and Reporting Points, dated August 6, 2015, and effective
September 15, 2015. FAA Order 7400.9Z is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.9Z lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 to modify the Kahului Airport, Kahului,
HI, Class E airspace area designated as an extension to a Class C
surface area. The current Class E surface area airspace extension to
the north is not required and to the south is longer than required to
support IFR operations to/from the airport. The proposed Class E
surface airspace includes that area within 3 miles each side of the
airport 203[deg] bearing extending from the airport 5-mile radius to 7
miles southwest of the airport.
    This proposal would also modify the Class E airspace area extending
upward from 700 feet above the surface by excluding that area extending
beyond 12 miles from the coast, and would slightly expand the airspace
northeast of the airport to within 3.6 miles each side of the 038[deg]
bearing from the airport extending from the 5-mile radius to 11.7 miles
northeast of the airport. The airspace area would otherwise remain the
same, except as noted above. The expanded Class E airspace area is
necessary to contain IFR arrival

operations descending below 1,500 feet above the surface, and IFR
departure operations below 1,200 feet above the surface.
    This proposal would also remove reference to the Maui VORTAC from
the airspace legal descriptions for the Class E3 airspace area
designated as an extension to the Class C surface area, and the Class
E5 airspace area extending upward from 700 feet above the surface.
Changes to the available instrument flight procedures since the last
review, advances in GPS mapping accuracy, and a reliance on precise
geographic coordinates to define airport and airspace reference points
have made the proposed airspace redesign necessary for the safety and
management of Instrument Flight Rules (IFR) operations.
    Class E airspace designations are published in paragraphs 6003, and
6005, respectively, of FAA Order 7400.9Z, dated August 6, 2015, and
effective September 15, 2015, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the Order.

Regulatory Notices and Analyses

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

Environmental Review

    This proposal 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

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

Paragraph 6003 Class E Airspace Areas Designated as an Extension to
a Class C Surface Area.

* * * * *

AWP HI E3 Kahului, HI [Modified]

Kahului Airport, HI
    (Lat. 20[deg]53'55'' N., long. 156[deg]25'50'' W.)

    That airspace extending upward from the surface within 3 miles
each side of the Kahului Airport 203[deg] bearing extending from the
5-mile radius of the airport to 7 miles southwest of the airport.
This Class E airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Pacific Chart Supplement.

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

* * * * *

AWP HI E5 Kahului, HI [Modified]

Kahului Airport, HI
    (Lat. 20[deg]53'55'' N., long. 156[deg]25'50'' W.)

    That airspace extending upward from 700 feet above the surface
within a 5-mile radius of Kahului Airport, and within 3.6 miles each
side of the airport 038[deg] bearing extending from the 5-mile
radius of the airport to 11.7 miles northeast of the airport, and
within 2 miles each side of the airport 065[deg] bearing extending
from the 5-mile radius of the airport to 10 miles northeast of the
airport, and within 3 miles each side of the airport 203[deg]
bearing extending from the 5-mile radius of the airport to 10.3
miles southwest of the airport, and within the area bounded by the
airport 318[deg] bearing clockwise to the airport 013[deg] bearing
extending from the 5-mile radius of the airport to 8.5-miles
northeast of the airport, excluding that airspace beyond 12 miles
from the coast.

    Issued in Seattle, Washington, on August 1, 2016.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-19004 Filed 8-11-16; 8:45 am]
 BILLING CODE 4910-13-P