[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Rules and Regulations]
[Pages 67441-67442]
[FR Doc No: 2020-23028]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0660; Airspace Docket No. 20-AEA-12]
RIN 2120-AA66

Amendment of Class E Airspace; Petersburg, WV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace extending upward from 700
feet above the surface at Grant County Airport, Petersburg, WV, due to
the decommissioning of the Kessel Very High Frequency Omnidirectional
Range/Distance Measuring Equipment (VOR/DME) and cancellation of
associated approaches. Controlled airspace is necessary for the safety
and management of instrument flight rules (IFR) operations in the area.
This action also updates the airport's geographic coordinates.

DATES: Effective 0901 UTC, December 31, 2020. The Director of the
Federal Register approves this incorporation by reference action under
title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, 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 Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rule 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 amends Class E airspace at Grant County Airport, Petersburg, WV,
to support IFR operations in the area.

History

    The FAA published a notice of prosed rulemaking in the Federal
Register (85 FR 47321, August 5, 2020) for Docket No. FAA-2020-0660 to
amend Class E airspace extending upward from 700 feet above the surface
at Grant County Airport, Petersburg, WV, from a 6.3-mile radius to a
14.2-mile radius. In addition, the FAA proposed to update the
geographic coordinates of the airport to coincide with the FAA's
aeronautical database.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in Paragraph 6005, of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, 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.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic routes, and reporting
points.

The Rule

    This amendment to title 14 Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface at Grant County Airport, Petersburg, WV, by eliminating two
extensions, and increasing the radius from 6.3 miles to 14.2 miles. In
addition, the FAA updates the geographic coordinates of the airport to
coincide with the FAA's aeronautical database. These changes are
necessary for continued safety and management of IFR operations in the
area.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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. 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
only affects air traffic procedures an air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

0
1. The authority citation for 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 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020,
effective September 15, 2020, is amended as follows:

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

* * * * *

AEA WV E5 Petersburg, WV [Amended]

Grant County Airport, WV
    (Lat. 38[deg]59'42'' N, long. 79[deg]08'45'' W)

    That airspace extending upward from 700 feet above the surface
within a 14.2-mile radius of Grant County Airport.

    Issued in College Park, Georgia, on October 13, 2020.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2020-23028 Filed 10-22-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Pages 14500-14502]
[FR Doc No: 2016-05973]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77349; File No. SR-NYSEArca-2016-43]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Rules
7.31P(j) and 7.34P(c) To Allow Q Orders To Participate in the Early
Trading Session and Late Trading Session

March 11, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on March 9, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rules 7.31P(j) (Orders and
Modifiers) and 7.34P(c) (Trading Sessions) to allow Q Orders to
participate in the Early Trading Session and Late Trading Session. The
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rules 7.31P(j) and 7.34P(c), which
govern the operation of Q Orders on the Exchange's Pillar trading
platform. A Q Order is a limit order submitted to the NYSE Arca
Marketplace by a Market Maker, and designated by a Market Maker as a
``Q Order'' through such means as the Corporation shall specify.\4\
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    \4\ See Rule 7.31P(j). The term ``NYSE Arca Marketplace'' is
defined in Rule 1.1(e) as the electronic securities communications
and trading facility designated by the Board of Directors through
which orders of Users are consolidated for execution and/or display.
The term ``Market Maker'' is defined in Rule 1.1(v) as an ETP Holder
that acts as a Market Maker pursuant to Rule 7, which includes Lead
Market Makers. The term ``Corporation'' is defined in Rule 1.1(k) to
mean NYSE Arca Equities.
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    Rule 7.34(b)(1) describes the operation of Q orders on the current,
or legacy, platform and states that Q Orders may be entered beginning
at the start of the Core Trading Session or at such earlier time during
the Opening Session as determined from time to time by the Corporation,
and continuing until the end of the Core Trading Session. Further, Rule
7.34(d)(1), which describes which orders are permitted in

the Opening Session at the Exchange on the current trading platform,
does not restrict the entry of Q Orders during the Opening Session (the
Early Trading Session in Pillar).\5\ While Q Orders are not required
for the Opening or Late Trading Session, on the current trading
platform, Market Makers are permitted to enter such orders during those
sessions.
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    \5\ Rule 7.34(d)(3)(A), however, provides that Orders eligible
for the Display Order Process (other than Q Orders) and for the
Working Order Process, including NOW Orders and PNP Orders, that
have been designated as available for the Late Trading Session are
eligible for entry into and execution on the NYSE Arca Markeplace
[sic].
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    As the Exchange described when it adopted Rule 7.31P(j)(2), Q
Orders on the Pillar trading platform operate in a similar manner as
they do on the trading platform that Pillar will replace.\6\ However,
for Pillar, Rule 7.34P provides that a Q Order is not eligible to
participate in either the Early Trading Session or the Late Trading
Session, and if a Q Order includes a designation for one of those
sessions, it will be rejected.\7\
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    \6\ See Securities Exchange Act Release Nos. 75497 (July 21,
2015), 80 FR 45022 (July 28, 2015) (Notice of Filing of SR-NYSEArca-
2015-56); and 76267 (October 26, 2015), 80 FR 66951 (October 30,
2015) (Order Approving SR-NYSEArca-2015-56).
    \7\ See Rule 7.34P(c)(1)(A) and 7.34P(c)(3)(A).
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    The Exchange understands that Market Makers registered on the
Exchange currently enter Q Orders for participation in the Opening
Session so that they may begin assessing pricing in Exchange-listed
securities. To assist Market Makers with meeting their obligations to
make two-sided markets in Exchange-listed securities, and to facilitate
the price-discovery process and ability of Market Makers to price the
security for the Core Trading Session, the Exchange proposes to amend
the Pillar rules so that Q Orders can be entered during the Early
Trading Session. With this change, Q Orders would function in Pillar no
differently than they do on the current trading platform in terms of
when they can be entered on the Exchange.
    Additionally, while there is limited use for Market Makers to
submit Q Orders during the Late Trading Session, the Exchange currently
accepts Q Orders designated for the Late Trading Session, and proposes
to continue to allow Market Makers to enter Q Orders designated for the
Late Trading Session, to the extent they choose to do so, in order to
ensure that the migration to Pillar is seamless and minimally
disruptive for Market Makers. In addition, the Exchange believes that
permitting Market Makers to include a designation for the Late Trading
Session for Q Orders would promote the display of liquidity on the
Exchange during all trading sessions, and not just when a Market Maker
has obligations to display liquidity during the Core Trading Session.
    To effect this change, the Exchange proposes to amend Rule
7.31P(j)(2) to delete the first sentence of that rule, which provides
that Q Orders are only eligible to participate in the Core Trading
Session. The Exchange also proposes to amend the third sentence of the
current rule to provide that Market Makers are not obligated to but may
enter Q Orders during the Early or Late Trading Session. The Exchange
further proposes to amend Rules 7.34P(c)(1)(A) and (c)(3)(A) to remove
any reference to Q Orders as not being eligible to participate in the
Early Trading Session or Late Trading Session or that if a Q Orders is
designated for either the Early or Late Trading Session, it will be
rejected. The proposed amendments to current Rules 7.34P(c)(1)(A) and
7.34P(c)(3)(A) would make clear that Q Orders are eligible to
participate in the Early Trading Session and the Late Trading Session,
respectively, and if such orders are submitted with a designation for
the Early Trading Session or the Late Trading Session, they would not
be rejected.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\8\ in general, and
furthers the objectives of Section 6(b)(5),\9\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, 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.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    Specifically, the Exchange believes that the proposed rule change
would remove impediments to and perfect the mechanism of a free and
open market and a national market system by assisting Market Makers in
Exchange-listed securities to meet their obligation to make markets in
their registered securities by using Q Orders during the Early Trading
Session to gauge market interest in securities so that they may be
priced appropriately for the Core Trading Session. In addition, the
Exchange believes that permitting Market Makers to include a
designation for the Late Trading Session for Q Orders would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would promote the display of
liquidity on the Exchange during all trading sessions, and not just
when a Market Maker has obligations to display liquidity during the
Core Trading Session. To this end, the proposed rule change would allow
Pillar to operate no differently than the trading platform Pillar will
replace, in terms of when Q Orders can be entered on the Exchange.
Accordingly, the proposed rule change would provide that on Pillar,
Market Makers would not be obligated to enter Q Orders in securities in
which they are registered during the Early or Late Trading Sessions,
but would be permitted to do so.

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 change is not
designed to address any competitive issue but rather to make amendments
to Rules 7.31P and 7.34P relating to Q Orders so that they may be
entered during the Early Trading Session and Late Trading Session.

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

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

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.

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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \12\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
stated that it intends to begin migrating symbols to the Pillar
platform within thirty days from the date of this filing. According to
the Exchange, waiver of the operative delay will allow Market Makers
registered on the Exchange to enter Q Orders designated for the Early
and Late Trading Sessions on the Pillar platform, which the Exchange
believes will facilitate the price discovery process on the Exchange.
The Commission believes the waiver of the operative delay is consistent
with the protection of investors and the public interest. Therefore,
the Commission hereby waives the operative delay and designates the
proposal operative upon filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2016-43 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2016-43. 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 available publicly. All
submissions should refer to File Number SR-NYSEArca-2016-43, and should
be submitted on or before April 7, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2016-05973 Filed 3-16-16; 8:45 am]
BILLING CODE 8011-01-P