[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 51964-51965]
[FR Doc No: 2019-21193]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0267; Airspace Docket No. 18-ANM-8]
RIN 2120-AA66

Amendment of Area Navigation (RNAV) Routes Q-121 and Q-156; Miles
City, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the legal descriptions of area navigation
(RNAV) routes Q-121 and Q-156 by changing the name of one waypoint
common to each route. Specifically, this action changes the TOUGH
waypoint name to SWTHN in RNAV routes Q-121 and Q-156.

DATES: Effective date 0901 UTC, December 5, 2019. 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 7400.11D, 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 7400.11D at NARA, email:
<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Kenneth Ready, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

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
the 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 updates the legal descriptions of RNAV routes to avoid
the use of similar sounding waypoint names.

Background

    RNAV routes Q-121 and Q-156 both include the waypoint TOUGH in
their descriptions. Q-156 also includes a waypoint named TUFFY.
Recently, with the extensive use of the routes, air traffic control
facilities have identified a problem whereby TOUGH is being confused
with TUFFY. To eliminate any confusion and enhance safety, the FAA is
changing the TOUGH waypoint name to SWTHN in the descriptions of both
Q-121 and Q-156. This action is a name change only. The geographic
position of the waypoint is not changing and the current alignments of
Q-121 and Q-156 are not affected.
    United States Area Navigation Routes are published in paragraph
2006, of FAA Order 7400.11D dated August 8, 2019, and effective
September 15, 2019, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in this document will be subsequently published
in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by changing the TOUGH waypoint name in the descriptions of RNAV
routes Q-121 and Q-156 to SWTHN.
    Since this action involves only editorial changes to the legal
descriptions of RNAV routes and does not change the dimensions or
operating requirements of the affected routes, I find that notice and
public procedures under 5 U.S.C. 553(b) are unnecessary.
    The RNAV route modifications accomplished by this action are
outlined below.
    Q-121: Q-121 change the TOUGH waypoint name from ``TOUGH'' to
``SWTHN.''
    Q-156: Q-156 change the TOUGH waypoint name from ``TOUGH'' to
``SWTHN.''

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
Department of Transportation (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
and 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 airspace action of modifying two
high altitude RNAV Q-routes by updating the waypoint name TOUGH to
SWTHN has no potential to cause any significant environmental impacts,
and no extraordinary circumstances exist that warrant preparation of an
environmental assessment. Therefore, this proposed airspace action
qualifies for categorical exclusion under the National Environmental
Policy Act and its implementing regulations at 40 CFR part 1500-1508,
and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points). In accordance with FAAO 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, this action has been reviewed for factors
and circumstances in which a normally categorically excluded action may
have a significant environmental impact requiring further analysis, and
it is determined that no extraordinary circumstances exist that warrant
preparation of an environmental assessment.

List 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 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 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 2006 United States Area Navigation Routes.

Q-121 PARZZ, NV to SWTHN, MT [Amended]

PARZZ, NV               WP                     (Lat. 41[deg]36'14.64'' N, long. 115[deg]02'09.69'' W)
Pocatello, ID (PIH)     VOR/DME                (Lat. 42[deg]52'13.38'' N, long. 112[deg]39'08.05'' W)
SWTHN, MT               WP                     (Lat. 46[deg]13'58.39'' N, long. 105[deg]12'52.30'' W)

Q-156 AMDT STEVS, WA to ZZIPR, IA [Amended]

STEVS, WA               WP                     (Lat. 47[deg]14'54.49'' N, long. 120[deg]32'09.93'' W)
ZAXUL, WA               FIX                    (Lat. 47[deg]10'02.58'' N, long. 120[deg]02'41.75'' W)
FINUT, WA               WP                     (Lat. 46[deg]44'56.48'' N, long. 117[deg]05'19.69'' W)
TUFFY, MT               FIX                    (Lat. 46[deg]42'29.02'' N, long. 114[deg]05'01.34'' W)
UPUGE, MT               FIX                    (Lat. 46[deg]38'04.56'' N, long. 112[deg]10'02.39'' W)
HEXOL, MT               FIX                    (Lat. 46[deg]36'49.09'' N, long. 111[deg]09'20.70'' W)
SWTHN, MT               WP                     (Lat. 46[deg]13'58.39'' N, long. 105[deg]12'52.30'' W)
JELRO, SD               FIX                    (Lat. 45[deg]48'43.83'' N, long. 102[deg]51'46.96'' W)
KEKPE, SD               WP                     (Lat. 45[deg]17'54.91'' N, long. 100[deg]16'49.04'' W)
UFFDA, MN               WP                     (Lat. 44[deg]29'46.00'' N, long. 096[deg]05'25.00'' W)
HSTIN, MN               WP                     (Lat. 44[deg]00'08.00'' N, long. 093[deg]57'40.00'' W)
ZZIPR, IA               WP                     (Lat. 43[deg]11'09.00'' N, long. 091[deg]39'33.00'' W)

    Issued in Washington, DC, on September 25, 2019.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2019-21193 Filed 9-30-19; 8:45 am]
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[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Notices]
[Pages 48940-48941]
[FR Doc No: 2015-20147]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75660; File No. SR-CTA-2015-02]

Consolidated Tape Association; Order Approving the Twenty Third
Substantive Amendment to the Second Restatement of the CTA Plan

August 11, 2015.

I. Introduction

    On June 19, 2015, certain participants (``Approving Participants'')
\1\ of the Consolidated Tape Association (``CTA'') Plan filed with the
Securities and Exchange Commission (``SEC'' or ``Commission'') pursuant
to Section 11A of the Securities Exchange Act of 1934 (``Act''),\2\ and
Rule 608 thereunder,\3\ a proposal to amend the Second Restatement of
the CTA Plan (``CTA Plan'').\4\ The proposal represents the Twenty
Third Substantive Amendment to the CTA Plan (``Amendment'').\5\ The
Amendment proposes to establish a fee that will be charged to a vendor
or other data redistributor that fails to comply with the CTA Plan
participants' Consolidated Volume display statement, and related
requirements. The non-compliance charge seeks to provide incentives for
data redistributors to comply with the participants' consolidated
volume requirements. The proposed Amendment was published for comment
in the Federal Register on July 10, 2015.\6\ No comment letters were
received in response to the Notice. This order approves the proposed
Amendment to the Plan.
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    \1\ More than two-thirds of the CTA Plan participants approved
the amendment. The Approving Participants are: BATS Exchange, Inc.,
BATS-Y Exchange, Inc., Chicago Board Options Exchange, Incorporated,
Chicago Stock Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange,
Inc., Financial Industry Regulatory Authority, Inc., International
Securities Exchange, LLC, National Stock Exchange, New York Stock
Exchange LLC, NYSE MKT LLC, and NYSE Arca, Inc. NASDAQ OMX BX, Inc.,
NASDAQ OMX PHLX, Inc., and the Nasdaq Stock Market LLC are also CTA
Plan participants (``participants'').
    \2\ 15 U.S.C. 78k-1.
    \3\ 17 CFR 242.608.
    \4\ See Securities Exchange Act Release No. 10787 (May 10,
1974), 39 FR 17799 (declaring the CTA Plan effective). The CTA Plan,
pursuant to which markets collect and disseminate last sale price
information for non-NASDAQ listed securities, is a ``transaction
reporting plan'' under Rule 601 under the Act, 17 CFR 242.601, and a
``national market system plan'' under Rule 608 under the Act, 17 CFR
242.608.
    \5\ The Amendment was originally submitted on an immediately
effective basis pursuant to Rule 608(b)(3)(i) under Regulation NMS.
See Letter from Emily Kasparov, Chairman, CTA Plan Operating
Committee to Brent J. Fields, Secretary, Commission, dated May 18,
2015. On June 19, 2015, the Approving Participants filed a letter to
indicate the proposal should be considered under Rule 608(b)(1) and
Rule 608(b)(2) of Regulation NMS. As a result, the Amendment must be
approved by the Commission. See Letter from Emily Kasparov,
Chairman, CTA Plan Operating Committee to Brent J. Fields,
Secretary, Commission, dated June 17, 2015. The Amendment was
originally designated as the Twenty Second Charges Amendment to the
Plan. The Commission noted that the proposal is the Twenty Third
Substantive Amendment to the Plan. See Notice, infra note 6, 80 FR
at 39822 at note 5. On August 7, 2015, the Approving Participants
filed a letter to indicate the proposal should be designated as the
Twenty Third Substantive Amendment of the Plan. See Letter from
Emily Kasparov, Chairman, CTA Plan Operating Committee to Brent J.
Fields, Secretary, Commission, dated August 6, 2015 (``August 6
Letter'').
    \6\ See Securities Exchange Act Release No. 75363 (July 6,
2015), 80 FR 39821 (``Notice'').
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II. Description of the Proposal

    Historically, the Plan participants have not applied device fees to
devices that receive consolidated volume (i.e., aggregate volume for
trades taking place on all market centers under the Plan) in displays
that do not also include CTA Plan prices or CQ Plan quotation
information. The participants do not plan to change this policy.
    However, some data redistributors include consolidated volume in
displays of unconsolidated last sale prices and/or unconsolidated bid-
asked quotes, such as displays of one exchange's trade prices and
quotes. The Participants believe that such displays, whether displayed
internally or externally, could mislead investors regarding the nature
of the information they are viewing. A significant number of data users
receive proprietary trade prices and quotes. Unless the data users
understand the content being displayed, they could mistakenly think
that they are seeing consolidated trades and quotes because the volume
is consolidated volume.
    To make the displays transparent and less likely to mislead, data
redistributors that include consolidated volume in displays of
unconsolidated prices and quotes must incorporate into those displays
the following statement (or a close iteration of the statement that the
network administrator(s) have approved): ``Realtime quote and/or trade
prices are not sourced from all markets.''
    A data redistributor must also assure that any person included in
the redistribution chain starting with the data redistributor places
the statement in any such display that it provides. The statement must
be clearly visible to the end users so that they understand the
differences in the sources of the data. In addition, data
redistributors need to assure that they, and any person or entity
included in the redistribution chain starting with them, clearly
incorporate the display statement into any advertisement, sales
literature or other material displaying CTA Consolidated Volume
alongside unconsolidated prices or quotes. These requirements apply to
both real-time and delayed displays of consolidated volume.
    In order to ensure compliance with these requirements, all
recipients of the CTA last sale price datafeed (whether directly or
indirectly) must submit a declaration. The Amendment will require firms
that include consolidated volume in displays of unconsolidated prices
and quotes to submit to NYSE a screen print of the displays, which
include the display statement. The CTA Administrator will work with
firms to facilitate their compliance.\7\
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    \7\ A firm with access to CTA consolidated volume data must
submit the declaration and, if applicable, the screen print within
120 days from the effective date of the amendment or within 30 days
of the effective date of the firm's market data agreement with the
participants that governs its receipt of the CTA datafeed (its
``Vendor Agreement''). Thereafter, each firm must submit its
declaration and, if applicable, its screen print annually by the
31st day of January.
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    The Approving Participants' representatives met with SIFMA and the
CTA Plan's Advisory Committee to discuss the consolidated volume
requirements and responded to their questions. They shortened the
display statement in response to comments and made clear that a
datafeed recipient that provides an exchange's trading volume with
displays of the exchange's trade prices and quotes is not subject to
the display requirement.

    In order to motivate data recipients to comply with the display
statement requirements, including the requisite declarations and screen
submissions, the Amendment establishes a non-compliance fee for each
month of non-compliance. For each of Network A and Network B, the
monthly fee is $3,000.
    A datafeed recipient must submit the required screen prints upon
the Amendment's implementation date \8\ or within thirty days of the
effective date of its Vendor Agreement. It must submit those screen
prints (including previously provided, new, or changed screen prints)
annually by the 31st day of January.
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    \8\ The Approving Participants indicated that they will give
notice of the compliance fee to all data redistributors no less than
120 days prior to its implementation. See August 6 Letter.
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    The non-compliance charges will be assessed against a data
redistributor for each month in which it fails to provide the
declaration or a copy of a Consolidated Volume screen print with the
required display statement in a timely manner. The charge will also be
assessed against a data redistributor each month for non-compliance by
persons in the redistribution chain starting with the data
redistributor where such persons have not entered into an applicable
agreement with CTA.
    The Approving Participants expect the non-compliance charges to
provide incentives for data redistributors to comply with the
consolidated volume requirements; they do not view the non-compliance
fee as establishing a new revenue source. Rather, they hope it
encourages all data redistributors to submit their declarations and
screen prints (where applicable) in a timely fashion. They hope that
the fee will motivate non-compliant redistributors to adopt the same
practices that the majority of redistributors follow.
    The Approving Participants included delayed displays of
consolidated volume in the Amendment to make it clear that if a data
redistributor accompanies displays of real-time unconsolidated prices
and quotes with delayed consolidated volume, it is subject to the new
requirement.

III. Discussion

    After careful review, the Commission finds that the proposed
Amendment to the Plan is consistent with the requirements of the Act
and the rules and regulations thereunder,\9\ and, in particular,
Section 11A(a)(1) of the Act \10\ and Rule 608 thereunder \11\ in that
it is necessary or appropriate in the public interest, for the
protection of investors and the maintenance of fair and orderly
markets, to remove impediments to, and perfect the mechanisms of, a
national market system.
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    \9\ The Commission has considered the proposed amendment's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
    \10\ 15 U.S.C. 78k-1(a)(1).
    \11\ 17 CFR 240.608.
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    The proposal is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\12\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations and transactions in securities. These goals are furthered by
the proposed changes to establish a fee that will be charged to a
vendor or other data redistributor that fails to comply with the CTA
Plan participants' Consolidated Volume display statement, and related
requirements. Consolidated data continues to provide a great deal of
value for investors in assessing the current market for trades and the
quality of the execution they receive for their trades. The Commission
believes it is important for market participants to know when
Consolidated Volume is displayed alongside unconsolidated prices and
quotes by data redistributors. The Consolidated Volume display policy
should provide greater transparency on the source of the data for users
of displays that contain both consolidated and proprietary data from
redistributors. Additionally, the non-compliance charge should provide
incentives for data redistributors to comply with the Consolidated
Volume requirement.
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    \12\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act,\13\
and the rules thereunder, that the proposed Amendment to the CTA Plan
(File No. SR-CTA-2015-02) is approved.
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    \13\ 15 U.S.C. 78k-1.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(27).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-20147 Filed 8-13-15; 8:45 am]
 BILLING CODE 8011-01-P