[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Rules and Regulations]
[Pages 22218-22221]
[FR Doc No: 2012-8753]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0206]
RIN 1625-AA00

Safety Zone; Temporary Change for Air and Water Shows Within the
Captain of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the enforcement
periods of three permanent safety zone regulations for recurring air
and water shows that occur within the Captain of the Port Lake Michigan
zone. These regulations apply to only the enforcement periods of three
recurring Air and Water Shows. These safety zones are necessary to
provide for the safety of life on navigable waters during these
potentially dangerous events. This action is intended to notify the
public about the temporary changes to the published enforcement periods
for these three events.

DATES: This rule is effective from July 3, 2012 through August 19,
2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0206 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0206 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email BM1 Adam Kraft, Prevention Department,
Coast Guard, Sector Lake Michigan, Milwaukee, WI, telephone (414) 747-
7148, email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM is unnecessary as
we previously published an NPRM (see 76 FR 30072) for the annual events
listed in 33 CFR 165.929. When the NPRM was made available for comment,
there were no objections to these events. This regulation represents
the re-scheduling of the following events listed in Sec.  165.929: the
Gary Air and Water Show, the Chicago Air and Water Show, and the
Milwaukee Air and Water Show. In addition, waiting for a comment period
to run would inhibit the Coast Guard from performing its statutory
function of protecting life on navigable waters from the hazards
associated with air and water shows. Thus, waiting for a notice and
comment

period to run would also be impractical and contrary to the public
interest.

Background and Purpose

    The Gary Air and Water Show, the Chicago Air and Water Show, and
the Milwaukee Air and Water are held annually on or adjacent to U.S.
navigable waters within the Captain of the Port Lake Michigan zone.
Because of their recurring nature, a permanent safety zone with
specific enforcement periods has been established for each event in 33
CFR 165.929. The organizers for these events, however, have temporarily
rescheduled these events for the summer of 2012.
    The Gary Air and Water Show is normally scheduled to occur from 10
a.m. to 9 p.m. on Friday, Saturday, and Sunday during the 2nd weekend
of July each year.
    This year, however, the event will take place on Tuesday, Thursday,
Friday, Saturday, and Sunday during the first week of July. The
enforcement times this year will be from 12 p.m. to 5 p.m. on Tuesday
and Thursday, from 2:30 p.m. to 9:30 p.m. on Friday, and then from 10
a.m. to 5 p.m. on Saturday and Sunday.
    The Milwaukee Air and Water show is normally scheduled to occur
from 10 a.m. to 5 p.m. on the first Thursday, Friday, Saturday, and
Sunday of each August. This year, however, the event will take place on
the second Friday, Saturday, and Sunday of August. The enforcement
times will be from 8 a.m. to 4 p.m. each day.
    The Chicago Air and Water Show is normally scheduled to occur from
9 a.m. to 6 p.m. on the third Thursday, Friday, Saturday, and Sunday of
August each year. This year, however, the event will take place on the
third Wednesday, Friday, Saturday, and Sunday of August. The
enforcement times will be from 12 p.m. to 3 p.m. on Wednesday and from
9 a.m. to 4 p.m. on Friday through Sunday.

Discussion of Rule

    This rule temporarily amends the regulations found in 33 CFR
165.929, Annual Events requiring safety zones in the Captain of the
Port Lake Michigan zone. Specifically, this rule will temporarily
suspend Sec.  165.929 (a)(42), (a)(43), and (a)(64) and temporarily add
Sec.  165.929 (a)(76), (a)(77), and (a)(78). The amendments will
temporarily modify the enforcement dates and times of the three
aforementioned events. These modifications are necessary to protect
vessels and people from the hazards associated with large scale air and
water shows.
    The safety zone located at 33 CFR 165.929(a)(42) for the Gary Air
and Water Show will be enforced on July 3 and 5, 2012 from 12 p.m. to 5
p.m., on July 6, 2012 from 2:30 p.m. to 9:30 p.m., and on July 7-8,
2012, from 10 a.m. to 5 p.m.
    The safety zone located at 33 CFR Sec.  165.929(a)(43) for the
Milwaukee Air and Water show will be enforced on August 15, 2012 from
12 p.m. to 3 p.m. and on August 17-19, 2012, from 9 a.m. to 4 p.m.
    The safety zone located at 33 CFR Sec.  165.929(a)(64) for the
Chicago Air and Water Show will be enforced on August 10-12, 2012 from
8 a.m. to 4 p.m.
    Entry into, transiting, or anchoring within these safety zones
during an enforcement period is prohibited without the authority of the
Captain of the Port, Sector Lake Michigan, or his or her designated
representative. The Captain of the Port, Sector Lake Michigan, or his
or her designated representative may be contacted via VHF Channel 16.
All persons and vessels shall comply with the instructions of the Coast
Guard Captain of the Port, Sector Lake Michigan, or his or her
designated representative.
    The Captain of the Port Lake Michigan will notify the public when
the zones in this rule will be enforced by all appropriate means, in
keeping with 33 CFR 165.7(a). In addition to publishing this rule in
the Federal Register, such means of notification may also include, but
are not limited to Broadcast Notice to Mariners or Local Notice to
Mariners. The Captain of the Port will issue a Broadcast Notice to
Mariners notifying the public when enforcement of the safety zone
established by this section is cancelled.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders. We conclude
that this rule is not a significant regulatory action because we
anticipate that it will have minimal impact on the economy, will not
interfere with other agencies, will not adversely alter the budget of
any grant or loan recipients, and will not raise any novel legal or
policy issues. The safety zones discussed in this rule will be
relatively small and enforced for relatively short time. Also, each
safety zone is designed to minimize its impact on navigable waters.
Furthermore, each safety zone has been designed to allow vessels to
transit unrestricted to portions of the waterways not affected by the
safety zones. Thus, restrictions on vessel movement within any
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through a safety zone when
permitted by the Captain of the Port, Sector Lake Michigan. On the
whole, the Coast Guard expects insignificant adverse impact to mariners
from the enforcement of these safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in any one of the below established safety zones
while the safety zone is being enforced. These safety zones will not
have a significant economic impact on a substantial number of small
entities for the following reasons: Each safety zone in this rule will
be enforced for only a few hours within any given 24 hour period and
only for a few days. Furthermore, these safety zones have been designed
to allow traffic to pass safely around each zone. Moreover, vessels
will be allowed to pass through each zone at the discretion of the
Captain of the Port, Sector Lake Michigan, or his or her designated
representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121),

we offer to assist small entities in understanding the rule so that
they could better evaluate its effects on them and participate in the
rulemaking process. Small businesses may send comments on the actions
of Federal employees who enforce, or otherwise determine compliance
with, Federal regulations to the Small Business and Agriculture
Regulatory Enforcement Ombudsman and the Regional Small Business
Regulatory Fairness Boards. The Ombudsman evaluates these actions
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule establishes a safety zone, and
thus, paragraph (34)(g) of the Instruction. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. From July 3, 2012 through August 19, 2012, amend Sec.  165.929 as
follows:
0
a. Suspend paragraphs (pp), (qq), and (lll); and
0
b. Add paragraphs (sss), (ttt), and (uuu) to read as follows:

Sec.  165.929  Safety Zones; Annual events requiring safety zones in
the Captain of the Port Lake Michigan zone.

* * * * *
    (sss) Gary Air and Water Show; Gary, IN.
    (i) Location. All waters of Lake Michigan bounded by a line drawn
from 41[deg]37'42'' N, 087[deg]16'38'' W; then east to 41[deg]37'54''
N, 087[deg]14'00'' W; then south to 41[deg]37'30'' N, 087[deg]13'56''
W; then west to 41[deg]37'17'' N, 087[deg]16'36'' W; then north
returning to the point of origin (NAD 83).
    (ii) Enforcement date and time. July 3 and 5, 2012 from 12 p.m. to
5 p.m.; July 6, 2012 from 2:30 p.m. to 9:30 p.m.; and on July 7-8,
2012, from 10 a.m. to 5 p.m.
    (ttt) Milwaukee Air and Water Show; Milwaukee, WI.

    (i) Location. All waters and adjacent shoreline of Lake Michigan
and Bradford Beach located within a 4000-yard by 1000-yard rectangle.
The rectangle will be bounded by the points beginning at points
beginning at 43[deg]02'50'' N, 087[deg]52'36'' W; then northeast to
43[deg]04'33'' N, 087[deg]51'12'' W; then northwest to 43[deg]04'40''
N, 087[deg]51'29'' W; then southwest to 43[deg]02'57'' N,
087[deg]52'53'' W; the southeast returning to the point of origin (NAD
83).
    (ii) Enforcement date and time. August 15, 2012 from 12 p.m. to 3
p.m.; August 17-19, 2012, from 9 a.m. to 4 p.m.
    (uuu) Chicago Air and Water Show; Chicago, IL.
    (i) Location. All waters and adjacent shoreline of Lake Michigan
and Chicago Harbor bounded by a line drawn from 41[deg]55'54'' N at the
shoreline, then east to 41[deg]55'54'' N, 087[deg]37'12'' W, then
southeast to 41[deg]54'00'' N, 087[deg]36'00'' W (NAD 83), then
southwestward to the northeast corner of the Jardine Water Filtration
Plant, then due west to the shore.
    (ii) Enforcement date and time. August 10-12, 2012 from 8 a.m. to 4
p.m.
* * * * *

    Dated: March 14, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. 2012-8753 Filed 4-12-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Notices]
[Pages 10649-10651]
[FR Doc No: 2013-03392]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68885; File No. SR-BYX-2013-006]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Extend
Pilot Program Related To Trading Pauses Due to Extraordinary Market
Volatility

February 8, 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 January 30, 2013, BATS-Y Exchange, Inc. (``BYX'' 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 Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
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\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.196-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to extend a pilot program previously
approved by the Commission related to Rule 11.18, entitled ``Trading
Halts Due to Extraordinary Market Volatility.''
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to extend the effectiveness of the
Exchange's rule related to individual stock circuit breakers, which is
contained in Rule 11.18(d) and Interpretation and Policy .05 to Rule
11.18. The rule, explained in further detail below, is currently
operating as a pilot program set to expire on February 4, 2013.
    On October 4, 2010, the Exchange filed an immediately effective
filing to adopt various rule changes to bring BYX Rules up to date with
the changes that had been made to the rules of BATS Exchange, Inc., the
Exchange's affiliate, while BYX's Form 1 Application to register as a
national securities exchange was pending approval. Such changes
included changes to the Exchange's Rule 11.18, on a pilot basis, to
provide for uniform market-wide trading pause standards for individual
securities in the S&P 500[supreg] Index, the Russell 1000[supreg] Index
and specified Exchange Traded Products that experience rapid price
movement.\5\ More recently, the Exchange proposed expansion of the
pilot program to apply to all NMS stocks.\6\ This expansion was
approved on June 23, 2011.\7\ The pilot program relating to trading
pause standards has been extended five times since its inception.\8\
The Exchange believes the benefits to market participants from the
individual stock trading pause rule should be continued on a pilot
basis until individual stocks become, on a

rolling basis, subject to the Plan to Address Extraordinary Market
Volatility Pursuant to Rule 608 of Regulation NMS under the Act (the
``Limit Up-Limit Down Plan'' or ``Plan'').\9\
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    \5\ Securities Exchange Act Release No. 63097 (October 13,
2010), 75 FR 64767 (October 20, 2010) (SR-BYX-2010-002).
    \6\ Securities Exchange Act Release No. 64433 (May 6, 2011), 76
FR 27680 (May 12, 2011) (SR-BYX-2011-011).
    \7\ Securities Exchange Act Release No. 64735 (June 23, 2011),
76 FR 38243 (June 29, 2011) (File Nos. SR-BATS-2011-016; SR-BYX-
2011-011; SR-BX-2011-025; SR-CBOE-2011-049; SR-CHX-2011-09; SR-EDGA-
2011-15; SR-EDGX-2011-14; SR-FINRA-2011-023; SR-ISE-2011-028; SR-
NASDAQ-2011-067; SR-NYSE-2011-21; SR-NYSEAmex-2011-32; SR-NYSEArca-
2011-26; SR-NSX-2011-06; SR-Phlx-2011-64).
    \8\ Securities Exchange Act Release No. 63513 (December 9,
2010), 75 FR 78784 (December 16, 2010) (SR-BYX-2010-007); Securities
Exchange Act Release No. 64214 (April 6, 2011), 76 FR 20430 (April
12, 2011) (SR-BYX-2011-007); Securities Exchange Act Release No.
65082 (August 9, 2011), 76 FR 50800 (August 16, 2011) (SR-BYX-2011-
018); Securities Exchange Act Release No. 66189 (January 19, 2012),
77 FR 3827 (January 25, 2012) (SR-BYX-2012-001); Securities Exchange
Act Release No. 67522 (July 27, 2012), 77 FR 46134 (August 2, 2012)
(SR-BYX-2012-015).
    \9\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release'').
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    The Exchange, in conjunction with other national securities
exchanges and FINRA, recently filed an amendment to the Plan to change
the date of initial operations of the Plan from February 4, 2013 to
April 8, 2013. The extension proposed herein would allow the pilot to
continue to operate without interruption until implementation of the
Limit Up-Limit Down Plan, which will occur on a rolling basis.
    The Exchange proposes to extend the effective date of the pilot
from the current scheduled expiration date of February 4, 2013 until
February 4, 2014. The Exchange also proposes to modify the definition
of ``Circuit Breaker Securities'' subject to the individual stock
circuit breaker pilot to mean all NMS stocks other than NMS stocks
subject to the Limit Up-Limit Down Plan. Accordingly, as securities
become subject to the Limit Up-Limit Down Plan, they will no longer be
Circuit Breaker Securities subject to the individual stock trading
pause pilot.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\10\ In particular,
the proposal is consistent with Section 6(b)(5) of the Act,\11\ because
it would promote just and equitable principles of trade, remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system. The proposed rule change is also
consistent with Section 11A(a)(1) of the Act \12\ in that it seeks to
assure fair competition among brokers and dealers and among exchange
markets. The Exchange believes that the pilot program promotes just and
equitable principles of trade in that it promotes transparency and
uniformity across markets concerning decisions to pause trading in a
security when there are significant price movements. The Exchange
believes that the pilot program is working well, that it has been
infrequently invoked during the previous months, and that the extension
of the pilot will allow the Exchange to further assess the effect of
the pilot on the market until securities become subject to the Limit
Up-Limit Down Plan on a rolling basis.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ 15 U.S.C. 78k-1(a)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed changes are
being made to extend the operation of the trading pause pilot to allow
the pilot to continue to operate without interruption until
implementation of the Limit Up-Limit Down Plan, which contributes to
the protection of investors and the public interest. Other competing
equity exchanges are subject to the same trading pause requirements
specified in the Plan. Thus, the proposed changes will not impose any
burden on competition while providing trading pause requirements
specified in the Plan.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
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) \15\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\16\ 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 Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
would allow the pilot program to continue uninterrupted. Accordingly,
the Commission hereby grants the Exchange's request and designates the
proposal operative upon filing.\17\
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    \15\ 17 CFR 240.19b-(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ 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 such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-BYX-2013-006 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-BYX-2013-006. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the

submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street NE., Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make publicly available. All
submissions should refer to File Number SR-BYX-2013-006 and should be
submitted on or before March 7, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-03392 Filed 2-13-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Notices]
[Pages 54647-54648]
[FR Doc No: 2016-19421]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

RTCA Special Committee 225, Rechargeable Lithium Battery and
Battery Systems, Twenty Fifth Meeting

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

ACTION: RTCA Special Committee 225, Rechargeable Lithium Battery and
Battery Systems, twenty fifth meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 225, Rechargeable Lithium Battery and
Battery Systems, twenty fifth meeting.

DATES: The meeting will be held September 8, 2016, 09:00 a.m.-5:00 p.m.
EDT

ADDRESSES: The meeting will be held at: https://rtca.webex.com/rtca/j.php?MTID=m5de7f61dd56194995677271e9ad59931.
    Meeting number: 638 848 815.
    Meeting password: Batteries1.
    Join by phone:
    1-877-668-4493 Call-in toll-free number (US/Canada).

    1-650-479-3208 Call-in toll number (US/Canada).
    Access code: 636 711 821.

FOR FURTHER INFORMATION CONTACT: Jennifer Iversen at<EMAIL_ADDRESS>or<PHONE_NUMBER>, or The RTCA Secretariat, 1150 18th Street NW., Suite
910, Washington, DC 20036, or by telephone at<PHONE_NUMBER>, fax at
(202) 833-9434, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of the RTCA Special Committee 225,
Rechargeable Lithium Battery and Battery Systems, twenty fifth meeting.
The agenda will include the following:

Thursday, September 8, 2016 (Virtual)

1. Introductions and administrative items (including DFO & RTCA
Statement) (15 min)
2. Review agenda (5 min)
3. Review and approve summary from the last Plenary (10 min)
4. Discuss Multi-Cell Thermal Runaway and associated tests and remove
duplication (3.5 hours)
5. Lunch (1:00 p.m. EDT--1 hour)
6. Discuss Multi-Cell Thermal Runaway and associated tests and remove
duplication (2 hours)
7. Final review of document including: (30 min)
    --Document reformat
    --Requirements (section 2.2)
    --Test Procedures (section 2.4)
8. Approve document for Final Review and Comment (FRAC) (15 min)
9. Establish Agenda, location, and time for next Plenary (15 min)
10. Adjourn

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on August 10, 2016.
Mohannad Dawoud,
Management & Program Analyst, Partnership Contracts Branch, ANG-A17
NextGen, Procurement Services Division, Federal Aviation
Administration.
[FR Doc. 2016-19421 Filed 8-15-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices]
[Page 55598-55600]
[DOCID:fr28oc09-126]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60850; File No. SR-FINRA-2009-067]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Proposed Rule Change To Adopt
FINRA Rules 2060 (Use of Information Obtained in Fiduciary Capacity)
and 5290 (Order Entry and Execution Practices) in the Consolidated
FINRA Rulebook

October 21, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 6, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    FINRA is proposing to adopt NASD Rules 3120 (Use of Information
Obtained in Fiduciary Capacity) and 3380 (Order Entry and Execution
Practices) as FINRA rules in the consolidated FINRA rulebook without
material change. The proposed rule change would renumber NASD Rule 3120
as FINRA Rule 2060 and NASD Rule 3380 as FINRA Rule 5290 in the
consolidated FINRA rulebook.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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
    As part of the process of developing a new consolidated rulebook
(``Consolidated FINRA Rulebook''),\3\ FINRA is proposing to adopt NASD
Rules 3120 and 3380 in the Consolidated FINRA Rulebook without material
change as FINRA Rules 2060 and 5290 respectively.
---------------------------------------------------------------------------

    \3\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
---------------------------------------------------------------------------

Proposed FINRA Rule 2060
    FINRA is proposing to adopt NASD Rule 3120 as FINRA Rule 2060 in
the Consolidated FINRA Rulebook. NASD Rule 3120 provides that a member
who receives information as to the ownership of securities while acting
in the capacity of paying agent, transfer agent, trustee or otherwise
shall under no circumstances make use of the information for soliciting
purchases, sales or exchanges except at the request and on behalf of
the issuer. Rule 3120, formerly designated as Article III, Section 9 of
the Rules of Fair Practice, was adopted as part of FINRA's original
rulebook.\4\ The text of the rule has not been amended since its
inception.
---------------------------------------------------------------------------

    \4\ See Certificate of Incorporation and By-Laws, Rules of Fair
Practice and Code of Procedure for Handling Trade Practice
Complaints of National Association of Securities Dealers, Inc.
(August 8, 1939).
---------------------------------------------------------------------------

    FINRA believes that the rule serves an important purpose by
prohibiting a member, while acting in the capacity of paying agent,
transfer agent, trustee or otherwise, from using certain information it
obtains about the ownership of securities to solicit purchases, sales
or exchanges except at the request and on behalf of the issuer.\5\
---------------------------------------------------------------------------

    \5\ With respect to the exception allowing use of information at
the request and on behalf of the issuer, the descriptive analysis of
the identical precursor provision drafted by the Investment Bankers
Code Committee in 1934 explains that the exception is provided
    [B]ecause if the issuer desires either to refund or propose an
exchange to the security holder, he certainly has the right to
demand from his transfer agent or trustee the list of security
holders and the issuer thus being in a position to address them
directly, the investment banker should be able to address them on
his behalf.
    See Code of Fair Competition for Investment Bankers with a
Descriptive Analysis of its Fair Practice Provisions and a History
of its Preparation (1934).
---------------------------------------------------------------------------

Proposed FINRA Rule 5290
    FINRA is proposing to adopt NASD Rule 3380 as FINRA Rule 5290 in
the Consolidated FINRA Rulebook. NASD Rule 3380 prohibits members and
associated persons from splitting any order into multiple smaller
orders for execution or any execution into multiple smaller executions
for transaction reporting for the primary purpose of maximizing a
monetary or in-kind payment to the member or associated persons as a
result of the execution of such orders or the transaction reporting of
such executions.\6\ For purposes of the rule, ``monetary or in-kind
amount'' is defined to include, but not be limited to, any credits,
commissions, gratuities, payments for or rebates of fees, or any other
payments of value to the member or associated person. The SEC approved
NASD Rule 3380 in February 2006 after notice and comment with no
subsequent amendments.\7\
---------------------------------------------------------------------------

    \6\ This is commonly also referred to as ``trade shredding,''
which is the unlawful practice of splitting customer orders for
securities into multiple smaller orders (e.g., a 1,000 share order
is split into ten 100 share orders) for the primary purpose of
maximizing payments or rebates to the member.
    \7\ See Securities Exchange Act Release No. 53371 (February 24,
2006), 71 FR 11008 (March 3, 2006) (Order Approving File No. SR-
NASD-2005-144).
---------------------------------------------------------------------------

    FINRA is proposing to replace ``may'' with ``shall'' in the rule
text, but believes no substantive changes to this rule are appropriate
or necessary.\8\ FINRA continues to believe that NASD Rule 3380 is
necessary and appropriate to deter the distortive practice of trade
shredding.\9\
---------------------------------------------------------------------------

    \8\ See Exhibit 5 (``No member or associated person [may] shall
engage in conduct that has the intent or effect of splitting any
order into multiple smaller orders for execution or any execution
into multiple smaller executions for transaction reporting for the
primary purpose of maximizing a monetary or in-kind amount to be
received by the member or associated person as a result of the
execution of such orders or the transaction reporting of such
executions'').
    \9\ FINRA also notes that the rule is consistent with the rules
of other securities self-regulatory organizations regarding trade
shredding. See, e.g., NYSE Rule 123G (Order Entry Practices)
approved pursuant to Securities Exchange Act Release No. 52683
(October 26, 2005), 70 FR 66480 (November 2, 2005) (Order Approving
File No. SR-NYSE-2005-62).
---------------------------------------------------------------------------

    As noted above, FINRA will announce the implementation date of the
proposed rule change in a Regulatory Notice to be published no later
than 90 days following Commission approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\10\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA continues to believe that, in certain
circumstances, a rule prohibiting members from using information about
ownership of securities to solicit purchases, sales or exchanges except
at the request and on behalf of the issuer serves to protect investors
and the public interest. In addition, FINRA continues to believe that a
rule regarding order entry and execution practices will continue to
further the goal of preventing manipulative acts and practices by
prohibiting the potentially distortive practice of trade shredding.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory

organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2009-067 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-FINRA-2009-067. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of FINRA. 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-FINRA-2009-067 and should be
submitted on or before November 18, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-25872 Filed 10-27-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: July 31, 2009 (Volume 74, Number 146)]
[Proposed Rules]
[Page 38141-38142]
[DOCID:fr31jy09-13]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0405; Airspace Docket No. 09-ASW-12]

Proposed Amendment of Class D and Class E Airspace; New Orleans
NAS, LA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class D and Class E airspace at
New Orleans NAS, LA. Changes in control tower operating hours for Class
D airspace and cancellation of the NDB RWY 4 instrument approach for
Class E airspace have made this action necessary for the continued
safety and management of Instrument Flight Rules (IFR) aircraft
operations at New Orleans NAS Alvin Callender Field.

DATES: 0901 UTC. Comments must be received on or before September 14,
2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2009-0405/Airspace Docket No. 09-
ASW-12, at the beginning of your comments. You may also submit comments
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 between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers 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-2009-0405/
Airspace Docket No. 09-ASW-12.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRMs
should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), part 71 by amending Class D and Class E airspace at New
Orleans NAS Alvin Callender Field, LA. Class D airspace would be
effective during the specific dates and times established in advance by
a Notice to Airmen. Class E airspace would reflect the cancellation of
the NDB RWY 4 instrument approach.
    Class D airspace areas are published in Paragraph 5000 of FAA Order
7400.9S, dated October 3, 2008, and effective October 31, 2008, which
is incorporated by reference in 14 CFR 71.1. The Class D airspace
designation listed in this document would be published subsequently in
the Order.

    Class E airspace areas are published in Paragraph 6002 of FAA Order
7400.9S, dated October 3, 2008, and effective October 31, 2008, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this 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 would amend controlled airspace at New Orleans NAS Alvin
Callender Field, LA.

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

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

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

Sec.  71.1  [Amended]

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

Paragraph 5000 Class D Airspace.

* * * * *

ASW LA D New Orleans NAS, Alvin Callender Field, LA [Amended]

New Orleans NAS, Alvin Callender Field, LA
    (Lat. 29[deg]49'31'' N., long. 90[deg]02'06'' W.)
Harvey VORTAC
    (Lat. 29[deg]51'01'' N., long. 90[deg]00'11'' W.)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.7-mile radius of New Orleans NAS Alvin
Callender Field and within 1.3 miles each side of the 228[deg]
radial of the Harvey VORTAC extending from the 4.7-mile radius to
5.6 miles southwest of the airport, and within 1.3 miles each side
of the 058[deg] radial of the Harvey VORTAC extending from the 4.7-
mile radius to 6 miles northeast of the airport, excluding that
airspace within the New Orleans, LA, Class B airspace area. This
Class D 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
Airport/Facility Directory.
* * * * *

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

ASW LA E2 New Orleans NAS, Alvin Callender Field, LA [Amended]

New Orleans NAS, Alvin Callender Field, LA
    (Lat. 29[deg]49'31'' N., long. 90[deg]02'06'' W.)
Harvey VORTAC
    (Lat. 29[deg]51'01'' N., long. 90[deg]00'11'' W.)

    Within a 4.7-mile radius of New Orleans NAS Alvin Callender
Field and within 1.3 miles each side of the 228[deg] radial of the
Harvey VORTAC extending from the from the 4.7-mile radius to 5.6
miles southwest of the airport, and within 1.3 miles each side of
the 058[deg] radial of the Harvey VORTAC extending from the 4.7-mile
radius to 6 miles northeast of the airport, excluding that airspace
within the New Orleans, LA, Class B airspace area. 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 Airport/
Facility Directory.
* * * * *

    Issued in Fort Worth, TX, on July 23, 2009.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-18241 Filed 7-30-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Notices]
[Page 68430]
[DOCID:fr10no05-97]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EM06-6-000]

Stingray Pipeline Company, L.L.C.; Notice of Filing

November 4, 2005.
    Take notice that on November 4, 2005, Stingray Pipeline Company,
L.L.C. (Stingray) filed pursuant to Rule 207 of the Rules of Practice
and Procedure of the Federal Energy Regulatory Commission (Commission),
18 C.F.R. 385.207 (2005), a petition for emergency waiver of section 11
of its general terms and conditions and section 3.3 of its Rate
Schedule PAL. Stingray is requesting these waivers on a temporary
basis, to provide its shippers with an additional mechanism for
resolving imbalances, until full service is restored on its system.
Stingray requests that the Commission rule on this petition for waiver
on an expedited basis.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions 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 or intervention 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>.
    Comment Date: 5 p.m. Eastern Time on November 8, 2005.

Magalie R. Salas,
Secretary.
[FR Doc. E5-6219 Filed 11-9-05; 8:45 am]

BILLING CODE 6717-01-P