[Federal Register: May 14, 2008 (Volume 73, Number 94)]
[Rules and Regulations]
[Page 27721-27724]
[DOCID:fr14my08-2]

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DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30608; Amdt. No. 3269]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective May 14, 2008. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of May 14, 2008.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
Information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is

incorporated by reference in the amendment under 5 U.S.C. 552(a), 1 CFR
part 51, and Sec.  97.20 of Title 14 of the Code of Federal
Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    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 DOT
Regulatory 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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC on May 2, 2008.
James J. Ballough,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal Regulations, part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

----------------------------------------------------------------------------------------------------------------
       FDC date            State              City                 Airport         FDC No.         Subject
----------------------------------------------------------------------------------------------------------------
04/03/08.............  MO             Hannibal............  Hannibal Regional...     8/0995  VOR or GPS A, Amdt
                                                                                3. This NOTAM
                                                                                Published in TL-08-
                                                                                11 is Hereby
                                                                                Rescinded in its
                                                                                Entirety.
04/10/08.............  NY             Schenectady.........  Schenectady County..     8/1927  GPS Rwy 22, Orig-B.
04/15/08.............  MS             Oxford..............  University-Oxford...     8/3151  VOR/DME-A, Amdt 4A.
                                                                                This NOTAM
                                                                                Published in TL08-
                                                                                11 is Hereby
                                                                                Rescinded in its
                                                                                Entirety.
04/15/08.............  MI             Detroit.............  Willow Run..........     8/3298  RNAV (GPS) Rwy 9R,
                                                                                Orig. This NOTAM
                                                                                Published in TL08-
                                                                                11 is Hereby
                                                                                Rescinded in its
                                                                                Entirety.
04/17/08.............  OK             Lawton..............  Lawton-Ft Sill           8/3571  ILS or LOC Rwy 35,
                                                             Regional.                        Amdt 7D.
04/22/08.............  NY             Farmingdale.........  Republic............     8/3573  Takeoff Minimums
                                                                                and (Obstacle) DP,
                                                                                Amdt 5.
04/17/08.............  ID             Boise...............  Boise Air Terminal/      8/3632  VOR/DME or TACAN
                                                             Gowen Fld.                       Rwy 10L, Amdt 1A.
04/17/08.............  ID             Boise...............  Boise Air Terminal/      8/3633  VOR/DME or TACAN
                                                             Gowen Fld.                       Rwy 28L, Amdt 1B.
04/17/08.............  CO             Durango.............  Durango-La Plata         8/3651  GPS Rwy 2, Orig.
                                                             County.
04/17/08.............  IA             Clinton.............  Clinton Muni........     8/3743  GPS Rwy 32, Amdt
                                                                                1A.
04/17/08.............  AL             Dothan..............  Dothan Regional.....     8/3752  RNAV (GPS) Rwy 18,
                                                                                Orig-A.
04/17/08.............  CO             Montrose............  Montrose Regional...     8/3769  GPS Rwy 35, Orig-A.
04/17/08.............  CO             Montrose............  Montrose Regional...     8/3771  VOR/DME Rwy 13,
                                                                                Amdt 8C.
04/17/08.............  CO             Montrose............  Montrose Regional...     8/3772  GPS Rwy 17, Orig.
04/17/08.............  SC             Summerville.........  Summerville.........     8/3782  NDB or GPS Rwy 6,
                                                                                Orig-B.
04/17/08.............  SC             Summerville.........  Summerville.........     8/3783  Takeoff Minimums
                                                                                and (Obstacle) DP,
                                                                                Orig.
04/18/08.............  PA             York................  York................     8/3821  NDB Rwy 17, Amdt 6.
04/18/08.............  NY             Rochester...........  Greater Rochester        8/3826  RNAV (GPS) Rwy 4,
                                                             Intl.                            Orig.
04/18/08.............  NJ             Manville............  Central Jersey Rgnl.     8/3828  RNAV (GPS) Rwy 25,
                                                                                Orig.
04/18/08.............  NH             Manchester..........  Manchester..........     8/3832  VOR/DME or GPS Rwy
                                                                                17, Orig-B.

04/18/08.............  NC             Erwin...............  Harnett Rgnl Jetport     8/3833  NDB Rwy 23, Amdt 2.
04/18/08.............  FL             Tampa...............  Tampa Intl..........     8/3834  ILS Rwy 36L (CAT
                                                                                II), ILS Rwy 36L
                                                                                (CAT III), Amdt
                                                                                15.
04/18/08.............  MS             Oxford..............  University-Oxford...     8/3838  LOC Rwy 9, Amdt 2A.
04/18/08.............  VA             Chase City..........  Chase City Muni.....     8/3845  RNAV (GPS) Rwy 36,
                                                                                Orig.
04/18/08.............  IN             Anderson............  Anderson Muni-           8/3900  VOR or GPS-A, Amdt
                                                             Darlington Field.                8B.
04/18/08.............  OK             Enid................  Enid Woodring            8/3901  VOR Rwy 17, Amdt
                                                             Regional.                        12B.
04/18/08.............  OK             Enid................  Enid Woodring            8/3902  VOR Rwy 35, Amdt
                                                             Regional.                        13A.
04/18/08.............  OK             Enid................  Enid Woodring            8/3903  ILS Rwy 35, Amdt
                                                             Regional.                        4A.
04/18/08.............  OK             Enid................  Enid Woodring            8/3904  GPS Rwy 35, Orig-A.
                                                             Regional.
04/18/08.............  OH             Zanesville..........  Zanesville Muni.....     8/3914  VOR or GPS Rwy 22,
                                                                                Amdt 3A.
04/18/08.............  OH             Zanesville..........  Zanesville Muni.....     8/3915  VOR or GPS Rwy 4,
                                                                                Amdt 6A.
04/18/08.............  OH             Sandusky............  Griffing-Sandusky...     8/3916  VOR Rwy 27, Amdt 7.
04/18/08.............  OH             Sandusky............  Griffing-Sandusky...     8/3917  VOR/DME or GPS Rwy
                                                                                27, Amdt 2.
04/18/08.............  OH             Piqua...............  Piqua Airport-           8/3918  VOR Rwy 26, Amdt 6.
                                                             Hartzell Field.
04/18/08.............  OH             Piqua...............  Piqua Airport-           8/3919  RNAV (GPS) Rwy 8,
                                                             Hartzell Field.                  Orig.
04/18/08.............  OH             Piqua...............  Piqua Airport-           8/3920  RNAV (GPS) Rwy 26,
                                                             Hartzell Field.                  Orig.
04/18/08.............  OH             Sidney..............  Sidney Muni.........     8/3921  VOR/DME RNAV or GPS
                                                                                Rwy 28, Amdt 5A.
04/18/08.............  OH             Sidney..............  Sidney Muni.........     8/3922  VOR or GPS Rwy 23,
                                                                                Amdt 12A.
04/18/08.............  OH             Youngstown..........  Youngstown Elser         8/3967  Takeoff Minimums
                                                             Metro.                           and (Obstacle) DP,
                                                                                Orig.
04/18/08.............  OH             Youngstown..........  Youngstown Elser         8/3968  GPS Rwy 28, Orig-A.
                                                             Metro.
04/21/08.............  AR             Clinton.............  Holley Mountain          8/4118  RNAV (GPS) Rwy 5,
                                                             Airpark.                         Amdt 1.
04/21/08.............  TX             San Antonio.........  San Antonio Intl....     8/4121  RNAV (GPS) Rwy 12R,
                                                                                Orig-A.
04/21/08.............  TX             San Antonio.........  San Antonio Intl....     8/4122  RNAV (GPS) Rwy 21,
                                                                                Amdt 1.
04/21/08.............  TX             San Antonio.........  San Antonio Intl....     8/4141  ILS Rwy 12R Amdt
                                                                                13A...ILS Rwy 12R
                                                                                (CAT II) Amdt 13A.
04/21/08.............  SD             Mitchell............  Mitchell Muni.......     8/4147  ILS Rwy 30, Orig.
04/21/08.............  SD             Vermillion..........  Harold Davidson          8/4148  NDB or GPS Rwy 30,
                                                             Field.                           Amdt 1.
04/21/08.............  PA             York................  York................     8/4170  GPS Rwy 35, Amdt 2.
04/21/08.............  IA             Keokuk..............  Keokuk Muni.........     8/4186  RNAV (GPS) Rwy 32,
                                                                                Orig.
04/21/08.............  IA             Iowa Falls..........  Iowa Falls Muni.....     8/4192  NDB or GPS Rwy 31,
                                                                                Amdt 4.
04/21/08.............  IA             Ames................  Ames Muni...........     8/4226  ILS Rwy 1, Amdt 1.
04/21/08.............  IA             Ames................  Ames Muni...........     8/4227  RNAV (GPS) Rwy 1,
                                                                                Amdt 1.
04/21/08.............  IA             Ames................  Ames Muni...........     8/4228  RNAV (GPS) Rwy 31,
                                                                                Orig.
04/21/08.............  IA             Ames................  Ames Muni...........     8/4229  RNAV (GPS) Rwy 19,
                                                                                Orig.
04/21/08.............  IA             Ames................  Ames Muni...........     8/4230  RNAV (GPS) Rwy 13,
                                                                                Orig.
04/21/08.............  CA             Oakland.............  Metropolitan Oakland     8/4239  RNAV (GPS) Rwy 11,
                                                             Intl.                            Orig-A.
04/22/08.............  MA             Boston..............  Gen Edward Lawrence      8/4281  VOR/DME Rwy 15R,
                                                             Logan Intl.                      Amdt 2.
04/22/08.............  MA             Boston..............  Gen Edward Lawrence      8/4282  VOR/DME Rwy 33L,
                                                             Logan Intl.                      Amdt 2B.
04/22/08.............  GA             Lagrange............  Lagrange-Callaway...     8/4292  ILS Rwy 31, Amdt
                                                                                1A.
04/22/08.............  AK             Teller..............  Teller..............     8/4366  RNAV (GPS) Rwy 25,
                                                                                Orig.
04/22/08.............  AK             Teller..............  Teller..............     8/4370  RNAV (GPS) Rwy 7,
                                                                                Orig.
04/22/08.............  TX             Austin..............  Austin-Bergstrom         8/4422  ILS or LOC Rwy 35L,
                                                             Intl.                            Amdt 4.
04/22/08.............  TX             Livingston..........  Livingston Muni.....     8/4443  RNAV (GPS) Rwy 30,
                                                                                Orig.
04/22/08.............  TX             Houston.............  Lone Star Executive.     8/4444  NDB Rwy 14, Amdt 2.
04/22/08.............  TX             Houston.............  Lone Star Executive.     8/4448  ILS Rwy 14, Amdt 2.
04/22/08.............  TX             Houston.............  Lone Star Executive.     8/4449  RNAV (GPS) Rwy 32,
                                                                                Orig-A.
04/23/08.............  KS             Pittsburg...........  Atkinson Muni.......     8/4587  RNAV (GPS) Rwy 4,
                                                                                Orig-A.
04/23/08.............  KS             Pittsburg...........  Atkinson Muni.......     8/4588  RNAV (GPS) Rwy 22,
                                                                                Orig-A.
04/23/08.............  KS             Pittsburg...........  Atkinson Muni.......     8/4589  VOR/DME Rwy 4, Amdt
                                                                                3A.
04/24/08.............  PA             Ebensburg...........  Ebensburg...........     8/4717  VOR or GPS-A, Amdt
                                                                                6A.
04/24/08.............  NH             Manchester..........  Manchester..........     8/4719  ILS or LOC Rwy 6,
                                                                                Amdt 1A.
04/24/08.............  CA             Palmdale............  Palmdale Regional/       8/4725  RNAV (GPS) Rwy 25,
                                                             USAF Plant 42.                   Orig-A.
04/24/08.............  CA             Stockton............  Stockton                 8/4726  NDB Rwy 29R, Amdt
                                                             Metropolitan.                    14D.
04/24/08.............  CA             Stockton............  Stockton                 8/4727  VOR Rwy 29R, Amdt
                                                             Metropolitan.                    18A.
04/24/08.............  CA             Stockton............  Stockton                 8/4728  GPS Rwy 29R, Orig-
                                                             Metropolitan.                    B.
04/24/08.............  TX             Abilene.............  Abilene Regional....     8/4813  LOC BC Rwy 17L,
                                                                                Amdt 3C.
04/24/08.............  ND             Jamestown...........  Jamestown Regional..     8/4814  ILS or LOC Rwy 31,
                                                                                Amdt 7D.
04/24/08.............  AR             North Little Rock...  North Little Rock        8/4822  LOC/DME Rwy 5,
                                                             Muni.                            Orig.
04/24/08.............  NE             Plattsmouth.........  Plattsmouth Muni....     8/4823  NDB Rwy 16, Orig.
04/24/08.............  RI             Pawtucket...........  North Central State.     8/4856  LOC Rwy 5, Amdt 5D.
04/24/08.............  RI             Pawtucket...........  North Central State.     8/4857  VOR or GPS-A, Amdt
                                                                                6A.
04/24/08.............  RI             Pawtucket...........  North Central State.     8/4858  GPS Rwy 5, Orig.
04/24/08.............  RI             Pawtucket...........  North Central State.     8/4860  GPS Rwy 23, Orig-A.
04/24/08.............  RI             Pawtucket...........  North Central State.     8/4861  VOR or GPS-B, Amdt
                                                                                6A.
04/24/08.............  OH             Cincinnati..........  Cincinnati Muni          8/4862  LOC BC Rwy 3R, Amdt
                                                             Airport-Lunken                   8B.
                                                             Field.
04/24/08.............  OH             Marion..............  Marion Muni.........     8/4863  LOC/DME Rwy 25,
                                                                                Orig-A.
04/25/08.............  AR             Osceola.............  Osceola Muni........     8/4919  NDB or GPS Rwy 19,
                                                                                Orig-A.
04/25/08.............  LA             New Orleans.........  Louis Armstrong New      8/4936  ILS Rwy 1, Amdt
                                                             Orleans Intl.                    16C.
04/25/08.............  LA             New Orleans.........  Louis Armstrong New      8/4937  RADAR-1, Amdt 17.
                                                             Orleans Intl.
04/25/08.............  LA             New Orleans.........  Louis Armstrong New      8/4938  ILS Rwy 10 (CAT II)
                                                             Orleans Intl.                    Amdt 2A, ILS Rwy
                                                                                10 (CAT III) Amdt
                                                                                2A, ILS Rwy 10
                                                                                (CAT I) Amdt 2A.

04/25/08.............  OH             Willoughby..........  Willoughby Lost          8/4945  VOR-B, Orig-A.
                                                             Nation Muni.
04/25/08.............  OH             Willoughby..........  Willoughby Lost          8/4946  VOR Rwy 28, Orig-B.
                                                             Nation Muni.
04/25/08.............  OH             Willoughby..........  Willoughby Lost          8/4947  VOR-A, Orig-A.
                                                             Nation Muni.
04/25/08.............  LA             Baton Rouge.........  Baton Rouge Metro,       8/4962  RNAV (GPS) Rwy 13,
                                                             Ryan Field.                      Orig.
04/25/08.............  LA             Baton Rouge.........  Baton Rouge Metro,       8/4964  RNAV (GPS) Rwy 4L,
                                                             Ryan Field.                      Amdt 1.
04/25/08.............  LA             Baton Rouge.........  Baton Rouge Metro,       8/4965  NDB Rwy 31, Amdt
                                                             Ryan Field.                      2A.
04/25/08.............  LA             Baton Rouge.........  Baton Rouge Metro,       8/4967  VOR Rwy 4L, Amdt
                                                             Ryan Field.                      17.
04/25/08.............  LA             Baton Rouge.........  Baton Rouge Metro,       8/4969  RNAV (GPS) Rwy 22R,
                                                             Ryan Field.                      Amdt 1.
04/25/08.............  LA             Baton Rouge.........  Baton Rouge Metro,       8/4970  RNAV (GPS) Rwy 31,
                                                             Ryan Field.                      Amdt 1A.
04/25/08.............  LA             Baton Rouge.........  Baton Rouge Metro,       8/4973  VOR/DME Rwy 22R,
                                                             Ryan Field.                      Amdt 8E.
04/25/08.............  LA             Baton Rouge.........  Baton Rouge Metro,       8/4974  RADAR-1, Amdt 10B.
                                                             Ryan Field.
04/25/08.............  LA             Baton Rouge.........  Baton Rouge Metro,       8/4975  ILS or LOC Rwy 13,
                                                             Ryan Field.                      Amdt 27B.
04/25/08.............  KS             Wichita.............  Wichita Mid-             8/5001  ILS or LOC Rwy 1R,
                                                             Continent.                       Amdt 17A.
04/28/08.............  IN             Goshen..............  Goshen Muni.........     8/5173  VOR Rwy 9, Amdt 12.
04/28/08.............  MO             Mosby...............  Midwest National Air     8/5175  ILS or LOC/DME Rwy
                                                             Center.                          18, Orig.
04/28/08.............  MO             Grain Valley........  East Kansas City....     8/5176  VOR or GPS Rwy 23,
                                                                                Amdt 3.
04/28/08.............  MO             Lee's Summit........  Lee's Summit Muni...     8/5177  VOR/DME A, Orig.
04/28/08.............  MO             Hannibal............  Hannibal Regional...     8/5182  VOR/DME or GPS A,
                                                                                Amdt 3.
04/28/08.............  MT             Miles City..........  Frank Wiley Field...     8/5183  NDB Rwy 4, Amdt 5.
04/28/08.............  MT             Miles City..........  Frank Wiley Field...     8/5184  RNAV (GPS) Rwy 4,
                                                                                Amdt 1.
04/28/08.............  WI             Green Bay...........  Austin Straubel          8/5185  RNAV (GPS) Rwy 24,
                                                             International.                   Orig.
04/28/08.............  WI             Green Bay...........  Austin Straubel          8/5186  VOR A, Orig.
                                                             International.
04/28/08.............  WI             Green Bay...........  Austin Straubel          8/5187  LOC BC Rwy 24, Amdt
                                                             International.                   18.
04/28/08.............  WI             Green Bay...........  Austin Straubel          8/5188  RNAV (GPS) Rwy 6,
                                                             International.                   Amdt 1.
04/28/08.............  MT             Miles City..........  Frank Wiley Field...     8/5189  VOR Rwy 4, Amdt 11.
04/28/08.............  MT             Miles City..........  Frank Wiley Field...     8/5190  VOR/DME or GPS Rwy
                                                                                22, Amdt 8.
04/28/08.............  IL             Chicago.............  Chicago-O' Hare Intl     8/5191  ILS or LOC Rwy 4R,
                                                                                Amdt 6H.
04/28/08.............  NE             Oshkosh.............  Garden County.......     8/5192  NDB Rwy 12, Amdt 1.
04/28/08.............  IL             Chicago.............  Chicago-O' Hare Intl     8/5193  ILS or LOC Rwy 22R,
                                                                                Amdt 7D.
04/28/08.............  MN             Granite Falls.......  Granite Falls Muni/      8/5195  GPS Rwy 33, Orig-A.
                                                             Lenzen-Roe Meml Fld.
04/28/08.............  MN             Granite Falls.......  Granite Falls Muni/      8/5196  VOR/DME Rwy 33,
                                                             Lenzen-Roe Meml Fld.             Orig-A.
04/28/08.............  MN             Benson..............  Benson Muni.........     8/5198  NDB Rwy 14, Amdt 7.
04/28/08.............  MN             Morris..............  Morris Muni-Charlie      8/5199  VOR or GPS Rwy 14,
                                                             Schmidt Fld.                     Orig-A.
04/28/08.............  OH             Waverly.............  Pike County.........     8/5208  NDB Rwy 25, Amdt 1.
04/28/08.............  OH             Waverly.............  Pike County.........     8/5209  GPS Rwy 7, Orig-A.
04/28/08.............  MN             Minneapolis.........  Anoka County-Blaine      8/5214  ILS or LOC/DME Rwy
                                                             Arpt (Janes Field).              27, Orig.
04/28/08.............  MN             Minneapolis.........  Anoka County-Blaine      8/5215  RNAV (GPS) Rwy 27,
                                                             Arpt (Janes Field).              Orig.
04/28/08.............  MI             Davison.............  Athelone Williams        8/5220  VOR Rwy 8, Orig-A.
                                                             Memorial.
04/28/08.............  MI             Linden..............  Prices..............     8/5221  VOR A, Orig.
04/28/08.............  TX             Beaumont............  Beaumont Muni.......     8/5229  RNAV (GPS) Rwy 13,
                                                                                Orig-A.
04/28/08.............  TX             Beaumont............  Beaumont Muni.......     8/5230  RNAV (GPS) Rwy 31,
                                                                                Orig-A.
04/28/08.............  CO             Aspen...............  Aspen-Pitkin Co/         8/5248  VOR/DME or GPS C,
                                                             Sardy Field.                     Amdt 4E.
04/28/08.............  AK             Nulato..............  Nulato..............     8/5252  RNAV (GPS) Rwy 2,
                                                                                Orig.
04/28/08.............  AK             Nulato..............  Nulato..............     8/5253  RNAV (GPS) Rwy 20,
                                                                                Orig.
04/28/08.............  AZ             Winslow.............  Winslow-Lindbergh        8/5255  VOR or GPS Rwy 11,
                                                             Regional.                        Amdt 4A.
04/28/08.............  MT             Livingston..........  Mission Field.......     8/5267  GPS Rwy 22, Orig-A.
04/29/08.............  RI             Providence..........  Theodore Francis         8/5347  RNAV (GPS) Rwy 23,
                                                             Green State.                     Orig-B.
04/29/08.............  GA             Jesup...............  Jesup-Wayne County..     8/5351  NDB or GPS Rwy 29,
                                                                                Amdt 2B.
04/29/08.............  GA             Jesup...............  Jesup-Wayne County..     8/5352  NDB or GPS Rwy 11,
                                                                                Amdt 1B.
04/30/08.............  MO             Springfield.........  Springfield-Branson      8/5454  VOR/DME or TACAN
                                                             National.                        Rwy 2, Orig-A.
04/30/08.............  MO             Springfield.........  Springfield-Branson      8/5455  VOR or TACAN Rwy
                                                             National.                        20, Amdt 18B.
04/30/08.............  MO             Springfield.........  Springfield-Branson      8/5456  ILS Rwy 14, Orig.
                                                             National.
04/30/08.............  MO             Springfield.........  Springfield-Branson      8/5457  RNAV (GPS) Rwy 32,
                                                             National.                        Amdt 1.
04/30/08.............  MO             Springfield.........  Springfield-Branson      8/5458  RNAV (GPS) Rwy 14,
                                                             National.                        Amdt 1.
04/30/08.............  AR             Fayetteville........  Drake Field.........     8/5466  VOR or GPS A, Amdt
                                                                                24B.
04/30/08.............  AR             Fayetteville........  Drake Field.........     8/5467  VOR/DME B, Orig-A.
04/30/08.............  AL             Dothan..............  Dothan Regional.....     8/5490  ILS or LOC Rwy 32,
                                                                                Amdt 8.
04/30/08.............  FL             Tampa...............  Peter O Knight......     8/5639  Take-Off Minimums
                                                                                and (Obstacle) DP,
                                                                                Amdt 4.
04/30/08.............  IN             Brazil..............  Brazil Clay County..     8/5740  VOR or GPS Rwy 9,
                                                                                Amdt 7.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E8-10603 Filed 5-13-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95575-95577]
[FR Doc No: 2016-31341]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-6-000]

Texas Eastern Transmission, LP; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Idle Line 1 Abandonment
Project, and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Idle Line 1 Abandonment
Project involving the abandonment of pipeline facilities by Texas
Eastern Transmission, LP (Texas Eastern) in Fayette, Pickaway,
Fairfield, Perry, Muskingum, Noble, and Monroe Counties, Ohio; Marshall
County, West Virginia; and Greene County, Pennsylvania. The Commission
will use this EA in its decision-making process to determine whether
the project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. You can make a difference by providing us with
your specific comments or concerns about the project. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
Your input will help the Commission staff determine what issues they
need to evaluate in the EA. To ensure that your comments are timely and
properly recorded, please send your comments so that the Commission
receives them in Washington, DC on or before January 20, 2017.
    If you sent comments on this project to the Commission before the
opening of this docket on October 28, 2016, you will need to file those
comments in Docket No. CP17-6-000 to ensure they are considered as part
of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an agreement to
conduct the abandonment activities. Texas Eastern provided landowners
with a fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' This fact sheet
addresses a number of typically asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.
It is also available for viewing on the FERC Web site (www.ferc.gov).

Public Participation

    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has expert staff available to assist you at
(202) 502-8258 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file

with your submission. New eFiling users must first create an account by
clicking on ``eRegister.'' If you are filing a comment on a particular
project, please select ``Comment on a Filing'' as the filing type; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP17-6-000) with your submission: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Room 1A,
Washington, DC 20426.

Summary of the Proposed Project

    Texas Eastern proposes to abandon in place and by removal
approximately 165 miles of existing, idle Line 1 pipeline that runs
from Fayette County, Ohio, to Greene County, Pennsylvania.
Specifically, Texas Eastern is proposing to abandon portions of the
Line 1 pipeline that were placed into idle service in 1989 including
three segments of 24-inch pipeline, associated lateral lines 10-L and
10-M, metering and regulating facilities 70054 and 70005, and other
related aboveground facilities.
    The project would eliminate the need for future operating and
maintenance expenditures on facilities that have been removed from
service for many years. Texas Eastern has stated that abandonment of
these idle facilities would not impact certificated parameters on Texas
Eastern's system or affect service to existing customers of Texas
Eastern. Texas Eastern has also stated that it has no current or
reasonably foreseeable plans to use the Line 1 pipeline within the
project areas following abandonment.
    Texas Eastern would abandon in place the following facilities:
     5.03 miles of Texas Eastern's 24-inch-diameter Line 1 from
milepost 837.05 in Fayette County, OH to milepost 842.08 in Pickaway
County, OH (Segment 1);
     155.37 miles of Texas Eastern's 24-inch-diameter Line 1
from milepost 848.33 in Pickaway County, OH to milepost 1003.7 in Green
County, PA (Segment 2);
     5.48 miles of Texas Eastern's 24-inch-diameter Line 1 from
milepost 1004.35 to 1009.83 in Greene County, PA (Segment 3);
     0.5 miles of Texas Eastern's 8-inch Line 10-M in Marshall
County, WV;
     0.07 miles of Texas Eastern's 4.5-inch Line 10-L in Greene
County, PA; and
     Metering and Regulation facilities 70054 and 70005, and
related launcher/receiver barrels, mainline valves, and other
appurtenances would also be removed.
    The general location of the Project is shown in appendix 1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    Project construction activities would result in temporary
disturbance of about 130 acres of land. This would consist of 40.4
acres associated with activities related to abandonment in place, 71.3
acres for activities associated with abandonment by removal, and 9.7
acres associated with use of a construction wareyard. Land disturbed by
abandonment activities would primarily occur within Texas Eastern's
existing, previously disturbed right-of-way.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\2\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. We will
consider all filed comments during the preparation of the EA.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the abandonment of the proposed project under these general headings:
     Geology and soils;
     land use;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     endangered and threatened species;
     public safety; and
     cumulative impacts.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    The EA will present our independent analysis of the issues. The EA
will be available in the public record through eLibrary. Depending on
the comments received during the scoping process, we may also publish
and distribute the EA to the public for an allotted comment period. We
will consider all comments on the EA before making our recommendations
to the Commission. To ensure we have the opportunity to consider and
address your comments, please carefully follow the instructions in the
Public Participation section, beginning on page 2.
    With this notice, we are asking agencies with jurisdiction by law
and/or special expertise with respect to the environmental issues of
this project to formally cooperate with us in the preparation of the
EA.\3\ Agencies that would like to request cooperating agency status
should follow the instructions for filing comments provided under the
Public Participation section of this notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with the applicable State Historic Preservation Office(s) (SHPO), and
to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\4\ We will define the project-specific
Area of Potential Effects (APE) in consultation with the SHPO(s) as the
project develops. On natural gas facility projects, the APE at a
minimum encompasses all areas subject to ground disturbance (examples
include construction right-of-way, contractor/pipe storage yards,
compressor stations, and access roads). Our EA for this project will
document our findings on the impacts on historic properties and
summarize the status of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    We have already identified some issues that we think deserve
attention based on a preliminary review of the

proposed facilities and the environmental information provided by Texas
Eastern. This preliminary list of issues may be changed based on your
comments and our analysis.
     Water Quality and Fisheries--A number of pipeline sections
would be removed from beneath stream beds by excavation.
     PCB Contamination--Portions of the pipeline to be
abandoned may contain polychlorinated biphenyls (PCBs).

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If we publish and distribute the EA, copies of the EA will be sent
to the environmental mailing list for public review and comment. If you
would prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are in
the ``Document-less Intervention Guide'' under the ``e-filing'' link on
the Commission's Web site. Motions to intervene are more fully
described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket Number field (i.e., CP17-
6-000). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.
    Finally, any public sessions or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: December 21, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-31341 Filed 12-27-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Notices]
[Pages 62357-62361]
[FR Doc No: 2020-21767]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90020; File No. SR-NYSE-2020-79]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Extend its Waiver of the Application of Certain of the Shareholder
Approval Requirements in Section 312.03 of the NYSE Listed Company
Manual Through December 31, 2020 Subject to Certain Conditions

September 28, 2020.
    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 September 24, 2020, New York Stock Exchange LLC
(``NYSE'' or the ``Exchange'') 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to extend through and including December 31,
2020 its waiver, subject to certain conditions, of the application of
certain of the shareholder approval requirements set forth in Section
312.03 of the NYSE Listed Company Manual (``Manual''). The proposed
rule change is available on the Exchange's website at www.nyse.com, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    Pursuant to an earlier proposed rule change,\4\ the Exchange waived
through and including June 30, 2020, subject to certain conditions,
certain of the shareholder approval requirements set forth in Section
312.03 of the Manual (the ``Waiver''). Subsequently, the Exchange
extended the Waiver for the period through and including September 30,
2020.\5\ The Exchange now proposes to extend the Waiver through and
including December 31, 2020.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 34-88572 (April 6,
2020); 85 FR 20323 (April 10, 2020) (SR-NYSE-2020-30).
    \5\ See Securities Exchange Act Release No. 89219 (July 2, 2020;
85 FR 41640 (July 10, 2020) (SR-NYSE-2020-58).
---------------------------------------------------------------------------

    The U.S. and global economies have experienced unprecedented
disruption as a result of the ongoing spread of COVID-19, including
severe limitations on companies' ability to operate their businesses
and periods of volatility in the U.S. and global equity markets. The
Exchange implemented the Waiver because it believed that it was likely
that many listed companies would have urgent liquidity needs during
this crisis period due to lost revenues and maturing debt obligations.
In those circumstances, the Exchange believed that listed companies
would need to access additional capital that might not be available in
the public equity or credit markets.
    Since the implementation of the Waiver a number of listed companies
have completed capital raising transactions that would not have been
possible without the flexibility provided by the Waiver. While equity
indices have recovered from the decline initially associated with the
COVID-19 crisis, ongoing economic disruption and uncertainty associated
with the pandemic have caused many listed companies to continue to face
circumstances in which their businesses and revenues are severely
curtailed. Such companies continue to experience difficulty in
accessing liquidity from the public markets. In addition, there is
continued uncertainty as to the course the COVID-19 pandemic may take
in the coming months and the possibility of further disruption related
to COVID-19 exists. Consequently, the Exchange believes it is
appropriate to extend the application of the Waiver for an additional
period through and including December 31, 2020, to provide more
flexibility to listed companies that need to access capital in the
current unusual economic conditions.
    Section 312.03 of the Manual, which requires listed companies to
acquire shareholder approval prior to certain kinds of equity
issuances, imposes significant limitations on the ability of a listed
company to engage in the sort of large private placement transaction
described above. The most important limitations are as follows:
     Issuance to a Related Party.
    Subject to an exception for early stage companies set forth
therein, Section 312.03(b) of the Manual requires shareholder approval
of any issuance to a director, officer or substantial security holder
\6\ of the company (each a ``Related Party'') or to an affiliate of a
Related Party \7\ if the number of shares of common stock to be issued,
or if the number of shares of common stock into which the securities
may be convertible or exercisable, exceeds either 1% of the number of
shares of common stock or 1% of the voting power outstanding before the
issuance. A limited exception permits cash sales to Related Parties and
their affiliates that meet a market price test set forth in the rule
(the ``Minimum Price'') \8\ and that relate to no more than 5% of the
company's outstanding common stock. However, this exception may only be
used if the Related Party in question has Related Party status solely
because it is a substantial security holder of the company.
---------------------------------------------------------------------------

    \6\ For purposes of Section 312.03(b), Section 312.04(e)
provides that: ``An interest consisting of less than either five
percent of the number of shares of common stock or five percent of
the voting power outstanding of a company or entity shall not be
considered a substantial interest or cause the holder of such an
interest to be regarded as a substantial security holder.''
    \7\ Under Section 312.03 of the Manual, a ``Related Party''
includes ``(1) a director, officer or substantial security holder of
the company (each a ``Related Party''); (2) a subsidiary, affiliate
or other closely-related person of a Related Party; or (3) any
company or entity in which a Related Party has a substantial direct
or indirect interest;''
    \8\ Section 312.04(i) defines the ``Minimum Price'' as follows:
``Minimum Price'' means a price that is the lower of: (i) The
Official Closing Price immediately preceding the signing of the
binding agreement; or (ii) the average Official Closing Price for
the five trading days immediately preceding the signing of the
binding agreement.
    Section 312.04(j) defines ``Official Closing Price'' as follows:
``Official Closing Price'' of the issuer's common stock means the
official closing price on the Exchange as reported to the
Consolidated Tape immediately preceding the signing of a binding
agreement to issue the securities. For example, if the transaction
is signed after the close of the regular session at 4:00 p.m.
Eastern Standard Time on a Tuesday, then Tuesday's official closing
price is used. If the transaction is signed at any time between the
close of the regular session on Monday and the close if the regular
session on Tuesday, then Monday's official closing price is used.
---------------------------------------------------------------------------

     Transactions of 20% of More. Section 312.03(c) of the
Manual requires shareholder approval of any transaction relating to 20%
or more of the company's outstanding common stock or 20% of the voting
power outstanding before such issuance other than a public offering for
cash. Section 312.03(c) includes an exception for transactions
involving a cash sale of the company's securities that comply with the
Minimum Price requirement and also meet the following definition of a
``bona fide private financing,'' as set forth in Section 312.04(g):
    ``Bona fide private financing'' refers to a sale in which either:
    [cir] a registered broker-dealer purchases the securities from the
issuer with a view to the private sale of such securities to one or
more purchasers; or
    [cir] the issuer sells the securities to multiple purchasers, and
no one such purchaser, or group of related purchasers, acquires, or has
the right to acquire upon exercise or conversion of the securities,
more than five percent of the shares of the issuer's common stock

or more than five percent of the issuer's voting power before the
sale.''
    The Exchange expects that it will continue to be the case that
certain companies during the course of the ongoing unusual economic
conditions will urgently need to obtain new capital by selling equity
securities in private placements.
    In many cases, such transactions may involve sales to existing
investors in the company or their affiliates that would exceed the
applicable 1% and 5% limits of Section 312.03(b). Given the ongoing
economic disruption associated with the COVID-19 pandemic, the Exchange
proposes to continue its partial waiver of the application of Section
312.03(b) for the period as of the date of this filing through and
including December 31, 2020, with the Waiver specifically limited to
transactions that involve the sale of the company's securities for cash
at a price that meets the Minimum Price requirement as set forth in
Section 312.04.\9\ In addition, to qualify for the Waiver, a
transaction must be reviewed and approved by the company's audit
committee or a comparable committee comprised solely of independent
directors.
---------------------------------------------------------------------------

    \9\ See supra note 8.
---------------------------------------------------------------------------

    This Waiver will continue to not be applicable to any transaction
involving the stock or assets of another company where any director,
officer or substantial security holder of the company has a 5% or
greater interest (or such persons collectively have a 10% or greater
interest), directly or indirectly, in the company or assets to be
acquired or in the consideration to be paid in the transaction or
series of related transactions and the present or potential issuance of
common stock, or securities convertible into or exercisable for common
stock, could result in an increase in outstanding common shares or
voting power of 5% or more (i.e., a transaction which would require
shareholder approval under NASDAQ Marketplace Rule 5635(a)).
Specifically, the Waiver will continue to not be applicable to a sale
of securities by a listed company to any person subject to the
provisions of Section 312.03(b) in a transaction, or series of
transactions, whose proceeds will be used to fund an acquisition of
stock or assets of another company where such person has a direct or
indirect interest in the company or assets to be acquired or in the
consideration to be paid for such acquisition.
    The effect of the extension of the Waiver would be to allow
companies to sell their securities to Related Parties and other persons
subject to Section 312.03(b) \10\ without complying with the numerical
limitations of that rule, as long as the sale is in a cash transaction
that meets the Minimum Price requirement and also meets the other
requirements noted above. As provided by Section 312.03(a), any
transaction benefitting from the proposed waiver will still be subject
to shareholder approval if required under any other applicable rule,
including the equity compensation requirements of Section 303A.08 and
the change of control requirements of Section 312.03(d).
---------------------------------------------------------------------------

    \10\ See supra note 6.
---------------------------------------------------------------------------

    Existing large investors are often the only willing providers of
much-needed capital to companies undergoing difficulties and the
Exchange believes that it is appropriate to increase companies'
flexibility to access this source of capital for an additional limited
period. The Exchange notes that, as a result of the extension of the
Waiver, the Exchange's application of Section 312.03(b) will be
consistent with the application of NASDAQ Marketplace Rule 5635(a) \11\
to sales of a listed company's securities to related parties during the
Waiver period.
---------------------------------------------------------------------------

    \11\ If a company is raising capital through a transaction, or
series of transaction, via the waiver, they cannot use such capital
to fund an acquisition.
---------------------------------------------------------------------------

    Many private placement transactions under the current market
conditions may also exceed the 20% threshold established by Section
312.03(c). Therefore, given the ongoing economic disruption associated
with the COIVD-19 pandemic, the Exchange also proposes to continue for
the period through and including December 31, 2020, for purposes of the
bona fide financing exception to the 20% requirement, its waiver of the
5% limitation for any sale to an individual investor in a bona fide
private financing pursuant to Section 312.03(c) and to permit companies
to undertake a bona fide private financing during that period in which
there is only a single purchaser. As provided by Section 312.03(a), any
transaction benefitting from the Waiver will still be subject to
shareholder approval if required under any other applicable rule,
including the equity compensation requirements of Section 303A.08 and
the change of control requirements of Section 312.03(d). Any
transaction benefitting from the Waiver must be a sale of the company's
securities for cash at a price that meets the Minimum Price
requirement.
    The effect of the proposed extension of the Waiver would be that a
listed company would be exempt from the shareholder approval
requirement of Section 312.03(c) in relation to a private placement
transaction regardless of its size or the number of participating
investors or the amount of securities purchased by any single investor,
provided that the transaction is a sale of the company's securities for
cash at a price that meets the Minimum Price requirement. If any
purchaser in a transaction benefiting from this waiver is a Related
Party or other person subject to Section 312.03(b), such transaction
must be reviewed and approved by the company's audit committee or a
comparable committee comprised solely of independent directors. The
Exchange notes that, as a result of the proposed extension of the
Waiver, the Exchange's application of Section 312.03(c) will continue
to be consistent during the Waiver period with the application of
NASDAQ Marketplace Rule 5635(d) with respect to private placements
relating to 20% or more of a company's common stock or voting power
outstanding before such transaction.\12\
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    \12\ See supra note 11 which also applies to the waivers
available under Section 312.03(c).
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    The Exchange notes that these temporary emergency waivers would
simply continue to provide NYSE listed companies with the flexibility
on a temporary emergency basis to consummate transactions without
shareholder approval that would not require shareholder approval under
the rules of the NASDAQ Stock Market, as the specific limitations the
Exchange is proposing to waive do not exist in the applicable NASDAQ
rules.\13\
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    \13\ See NASDAQ Marketplace Rule 5635, including specifically
subsections (a) and (d) thereof.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\14\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\15\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect the
public interest and the interests of investors, and because it is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
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    As a result of the economic disruption related to the ongoing
spread of the

COVID-19 virus, certain listed companies may experience urgent
liquidity needs that they are unable to meet by raising funds in the
public equity or credit markets. The proposed rule change is designed
to provide temporary relief from certain of the NYSE's shareholder
approval requirements in relation to stock issuances to provide
companies with additional flexibility to raise funds by selling equity
in private placement transactions during the current unusual economic
conditions provided such transactions meet certain conditions, such as
the Minimum Price as defined in Section 312.04(i). The proposed waivers
are consistent with the protection of investors because any transaction
benefiting from the waivers will not, in the Exchange's view, be
dilutive to the company's existing shareholders as it will be subject
to a minimum market price requirement and because the audit committee
or a comparable committee comprised solely of independent directors
will review and approve any transaction benefitting from a waiver that
involves a Related Party or affiliates of a Related Party. In addition,
as provided by Section 312.03(a), any transaction benefitting from the
proposed waiver will still be subject to shareholder approval if
required under any other applicable rule, including the equity
compensation requirements of Section 303A.08 and the change of control
requirements of Section 312.03(d). All companies listed on the Exchange
would be eligible to take advantage of the proposed temporary waivers.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues but rather is designed
to provide temporary relief from certain of the NYSE's shareholder
approval requirements in relation to stock issuances to provide
companies with additional flexibility to raise funds by selling equity
in private placement transactions during the current unusual economic
conditions. In addition, the proposed waivers will simply temporarily
conform the treatment of transactions benefitting from the waivers to
their treatment under the comparable NASDAQ rules.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \16\ and Rule 19b-4(f)(6) thereunder.\17\
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 \18\ and Rule 19b-
4(f)(6)(iii) thereunder.\19\
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    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Commission has waived the five business day notification requirement
for this proposed rule change.
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    A proposed rule change filed under Rule 19b-4(f)(6) \20\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\21\ 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.
---------------------------------------------------------------------------

    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange believes that the Waiver of the operative delay would
be consistent with the protection of investors and the public interest
because, in the Exchange's view, the economic disruption caused by the
global spread of the COVID-19 virus may give rise to companies
experiencing urgent liquidity needs which they may need to meet by
undertaking transactions that would benefit from the proposed relief.
In support of its request to waive the 30-day operative delay, the
Exchange stated, among other things, its belief that the proposed
Waiver does not give rise to any novel investor protection concerns, as
the proposed rule change conforms the NYSE's shareholder approval
requirements temporarily to those of NASDAQ and would not permit any
transactions without shareholder approval that are not permitted on
another exchange. In addition, the Exchange stated that all
transactions utilizing the Waiver would have to satisfy the Minimum
Price requirement contained in the rule and be reviewed and approved by
the issuer's audit committee or comparable committee of the board
comprised entirely of independent directors if any transactions
benefitting from the Waiver involve a Related Party or affiliates of a
Related Party, as described above.\22\ Furthermore, the Exchange has
stated that, as provided by Section 312.04(a) of the Manual, any
transaction benefitting from the proposed Waiver will still be subject
to shareholder approval if required under any other applicable rule,
including the equity compensation requirements of Section 303A.08 of
the Manual and the change of control requirements of Section 312.03(d)
of the Manual. The Exchange also noted that the proposed Waiver is
temporary in nature and will only be applied through and including
December 31, 2020.
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    \22\ The Commission notes that, as described in the purpose
section above, all transactions utilizing the Waiver for purposes of
Section 312.03(b) would be subject to review and approval by an
audit committee or comparable body of independent directors. As to
transactions utilizing the temporary Waiver under Section 312.03(c)
all transactions involving Related Parties or other persons subject
to Section 312.03(b), as described above, must be reviewed and
approved by the company's audit committee or a comparable committee
comprised solely of independent directors.
---------------------------------------------------------------------------

    The Commission notes that the proposed rule change would provide a
temporary waiver of certain shareholder approval requirements under
certain conditions in light of current economic conditions due to
COVID-19. As noted by NYSE, the Waiver is consistent with Nasdaq's
shareholder approval rules and would not permit any transactions
without shareholder approval that is not permitted on another
exchange.\23\ In addition, all transactions utilizing the Waiver would
have to satisfy the Minimum Price requirement which is a market related
price, as defined above.\24\ Further, all transactions subject to the
Waiver that involve Related Parties or affiliates of Related Parties
would have to be approved by the listed company's

audit committee or comparable committee of the board comprised entirely
of independent directors. In addition, the Commission notes that the
Waiver of the shareholder approval provisions only applies to the
specific provisions in Sections 312.03(b) and (d) of the Manual
discussed above and any transaction utilizing the Waiver would still be
subject to all other shareholder approval requirements including, for
example, the equity compensation requirements of Section 303A.08 and
the change of control requirements of Section 312.03(d). The Commission
also notes that the proposal is a temporary measure designed to allow
companies to raise necessary capital at market related prices without
shareholder approval under the limited conditions discussed above in
response to current, unusual economic conditions. For these reasons,
the Commission believes that waiver of the 30-day operative delay is
consistent with the protections of investors and the public interest.
According, the Commission hereby waives the 30-day operative delay and
designates the proposal operative upon filing.\25\
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    \23\ In addition, as noted above, if a company is raising
capital through a transaction, or series of transactions, via the
Waiver, they cannot use such capital to fund an acquisition.
    \24\ See supra note 8.
    \25\ For purposed 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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \26\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \26\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2020-79 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2020-79. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2020-79 and should be submitted on
or before October 23, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
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    \27\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-21767 Filed 10-1-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 140 (Monday, July 24, 2017)]
[Notices]
[Page 34345]
[FR Doc No: 2017-15416]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81165; File No. SR-MIAX-2017-24]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Designation of a Longer Period for Commission
Action on a Proposed Rule Change To Adopt Exchange Rule 1713
Consolidated Audit Trail--Fee Dispute Resolution

July 18, 2017.
    On May 23, 2017, Miami International Securities Exchange, LLC
(``MIAX Options'' or the ``Exchange'') filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'' or ``Exchange Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to adopt Exchange
Rule 1713 (Consolidated Audit Trail--Fee Dispute Resolution). The
proposed rule change was published for comment in the Federal Register
on June 7, 2017.\3\ The Commission received no comment letters on the
proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 80837 (June 1, 2017), 82
FR 26526 (``Notice'').
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    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
Commission is extending this 45-day time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change. The
proposed rule change would establish the procedures for resolving
potential disputes related to CAT Fees charged to Industry Members.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates September 5, 2017, as the date by which the
Commission should either approve or disapprove or institute proceedings
to determine whether to disapprove the proposed rule change (File
Number SR-MIAX-2017-24).
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    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-15416 Filed 7-21-17; 8:45 am]
 BILLING CODE 8011-01-P