[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18379-18381]
[FR Doc No: 2011-7607]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30774 ; Amdt. No. 3418 ]

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 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 April 4, 2011. 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 April 4, 2011.

ADDRESSES: Availability of matters 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 and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.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 Divisions,
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 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the associated Takeoff Minimums and ODPs. 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, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and

textual ODP amendments may have been issued previously by the FAA in a
Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for some
SIAP and Takeoff Minimums and ODP amendments may require making them
effective in less than 30 days. For the remaining SIAPS and Takeoff
Minimums and ODPS, an effective date at least 30 days after publication
is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some 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
Executive Order 12866;(2) is not a ``significant rule '' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979) ;
and (3)does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. 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 March 18, 2011.
John McGraw,
Deputy Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 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:

Effective 5 MAY 2011

Deadhorse, AK, Deadhorse, RNAV (GPS) Y RWY 5, Amdt 1B
Deadhorse, AK, Deadhorse, RNAV (GPS) Y RWY 23, Amdt 1B
Fayetteville/Springdale, AR, Northwest Arkansas Rgnl, ILS OR LOC/DME
RWY 17, Orig
Fayetteville/Springdale, AR, Northwest Arkansas Rgnl, ILS OR LOC/DME
RWY 35, Orig
Fayetteville/Springdale, AR, Northwest Arkansas Rgnl, RNAV (GPS) RWY
17, Orig
Fayetteville/Springdale, AR, Northwest Arkansas Rgnl, RNAV (GPS) RWY
35, Orig
Fayetteville/Springdale, AR, Northwest Arkansas Rgnl, Takeoff
Minimums and Obstacle DP, Amdt 3
Taylor, AZ, Taylor Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Rio Vista, CA, Rio Vista Muni, RNAV (GPS) RWY 25, Amdt 1
Santa Ana, CA, John Wayne Airport-Orange County, NDB RWY 19R, Amdt
1, CANCELLED
Daytona Beach, FL, Daytona Beach Intl, RNAV (GPS) RWY 34, Amdt 2
Tampa, FL, Tampa Executive, RNAV (GPS) RWY 18, Amdt 1
Atlanta, GA, Cobb County-McCollum Field, ILS OR LOC RWY 27, Amdt 4
Atlanta, GA, Cobb County-McCollum Field, RNAV (GPS) RWY 27, Amdt 4
Cochran, GA, Cochran, RNAV (GPS) RWY 11, Amdt 1
Sandersville, GA, Kaolin Field, RNAV (GPS) RWY 13, Amdt 2
Sandersville, GA, Kaolin Field, RNAV (GPS) RWY 31, Amdt 2
Lanai City, HI, Lanai, RNAV (GPS) RWY 3, Orig-A
Algona, IA, Algona Muni, NDB RWY 12, Amdt 6
Algona, IA, Algona Muni, RNAV (GPS) RWY 12, Orig
Algona, IA, Algona Muni, RNAV (GPS) RWY 30, Amdt 1
Algona, IA, Algona Muni, VOR/DME-A, Amdt 7
Carroll, IA, Arthur N Neu, NDB Rwy 31, Amdt 7, CANCELLED
Decorah, IA, Decorah Muni, RNAV (GPS) RWY 11, Orig
Alton/St. Louis, IL, St. Louis Rgnl, ILS OR LOC RWY 29, Amdt 12
Alton/St. Louis, IL, St. Louis Rgnl, LOC BC RWY 11, Amdt 9
Alton/St. Louis, IL, St. Louis Rgnl, NDB RWY 17, Amdt 12
Alton/St. Louis, IL, St. Louis Rgnl, RNAV (GPS) RWY 11, Amdt 2
Alton/St. Louis, IL, St. Louis Rgnl, RNAV (GPS) RWY 17, Amdt 1
Alton/St. Louis, IL, St. Louis Rgnl, RNAV (GPS) RWY 29, Amdt 1
Alton/St. Louis, IL, St. Louis Rgnl, RNAV (GPS) RWY 35, Amdt 1
Alton/St. Louis, IL, St. Louis Rgnl, Takeoff Minimums and Obstacle
DP, Amdt 2
Chicago/Prospect Hgts/Wheeling, IL, Chicago Executive, Takeoff
Minimums and Obstacle DP, Amdt 3
Logansport, IN, Logansport/Cass County, RNAV (GPS) RWY 9, Amdt 1
Logansport, IN, Logansport/Cass County, RNAV (GPS) RWY 27, Amdt 1
Logansport, IN, Logansport/Cass County, VOR/DME RNAV 27, Amdt 3,
CANCELLED
Augusta, ME, Augusta State, GPS RWY 17, Orig-A, CANCELLED
Augusta, ME, Augusta State, RNAV (GPS) RWY 17, Orig
Augusta, ME, Augusta State, VOR RWY 35, Amdt 6
Augusta, ME, Augusta State, VOR/DME RWY 17, Amdt 5
Augusta, ME, Augusta State, VOR/DME-A, Amdt 12
Alpena, MI, Alpena County Rgnl, ILS OR LOC RWY 1, Amdt 9
Ann Arbor, MI, Ann Arbor Muni, RNAV (GPS) RWY 6, Amdt 2
Ann Arbor, MI, Ann Arbor Muni, RNAV (GPS) RWY 24, Amdt 2
Battle Creek, MI, W K Kellogg, ILS OR LOC RWY 23R, Amdt 18
Battle Creek, MI, W K Kellogg, NDB RWY 23R, Amdt 18
Battle Creek, MI, W K Kellogg, RNAV (GPS) RWY 5L, Amdt 1
Battle Creek, MI, W K Kellogg, RNAV (GPS) RWY 23R, Amdt 1
Cheboygan, MI, Cheboygan County, RNAV (GPS) RWY 28, Amdt 1
Cheboygan, MI, Cheboygan County, VOR RWY 10, Amdt 9
Marlette, MI, Marlette, RNAV (GPS) RWY 9, Amdt 1
Marlette, MI, Marlette, RNAV (GPS) RWY 19, Orig
Marlette, MI, Marlette, RNAV (GPS) RWY 27, Amdt 1
Marlette, MI, Marlette, VOR/DME-A, Amdt 6
South Haven, MI, South Haven Area Rgnl, RNAV (GPS) RWY 4, Amdt 1
South Haven, MI, South Haven Area Rgnl, RNAV (GPS) RWY 22, Amdt 1
South Haven, MI, South Haven Area Rgnl, VOR RWY 22, Amdt 11
Hattiesburg, MS, Hattiesburg Bobby L Chain Muni, RNAV (GPS) Y RWY
13, Amdt 2A
Clinton, NC, Clinton-Sampson County, LOC RWY 6, Amdt 3
Clinton, NC, Clinton-Sampson County, RNAV (GPS) RWY 6, Amdt 2
Clinton, NC, Clinton-Sampson County, RNAV (GPS) Y RWY 24, Amdt 1
Clinton, NC, Clinton-Sampson County, RNAV (GPS) Z RWY 24, Orig

Clinton, NC, Clinton-Sampson County, Takeoff Minimums and Obstacle
DP, Amdt 2
Clinton, NC, Clinton-Sampson County, VOR/DME-A, Amdt 6
Edenton, NC, Northeastern Rgnl, ILS OR LOC RWY 19, Orig
Edenton, NC, Northeastern Rgnl, LOC RWY 19, Orig, CANCELLED
Edenton, NC, Northeastern Rgnl, RNAV (GPS) RWY 19, Amdt 2
Oakes, ND, Oakes Muni, GPS RWY 30, Orig-A, CANCELLED
Oakes, ND, Oakes Muni, RNAV (GPS) RWY 30, Orig
Oakes, ND, Oakes Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Ogallala, NE, Searle Field, Takeoff Minimums and Obstacle DP, Amdt 4
Scottsbluff, NE, Western Neb, Rgnl/William B. Heilig Field, ILS OR
LOC RWY 30, Amdt 10
Wayne, NE, Wayne Muni, Takeoff Minimums and Obstacle DP, Amdt 4
Manville, NJ, Central Jersey Rgnl, RNAV (GPS) RWY 7, Amdt 1
Manville, NJ, Central Jersey Rgnl, RNAV (GPS) RWY 25, Amdt 1
Clayton, NM, Clayton Muni Airpark, Takeoff Minimums and Obstacle DP,
Amdt 1
Socorro, NM, Socorro Muni, RNAV (GPS) Z RWY 33, Orig, CANCELLED
Portland, OR, Portland Intl, ILS OR LOC RWY 10L, Amdt 3A
Corry, PA, Corry-Lawrence, Takeoff Minimums and Obstacle DP, Orig-A
Lehighton, PA, Jake Arner Memorial, RNAV (GPS) RWY 8, Amdt 1
Lehighton, PA, Jake Arner Memorial, RNAV (GPS) RWY 26, Amdt 1
Lehighton, PA, Jake Arner Memorial, Takeoff Minimums and Obstacle
DP, Amdt 1
Pittsburgh, PA, Pittsburgh Intl, RNAV (RNP) Z RWY 32, Amdt 1A
Eastland, TX, Eastland Muni, RNAV (GPS) RWY 17, Orig
Eastland, TX, Eastland Muni, RNAV (GPS) RWY 35, Amdt 2
Ennis, TX, Ennis Muni, Takeoff Minimums and Obstacle DP, Orig
Ennis, TX, Ennis Muni, VOR/DME-A, Amdt 1
Gladewater, TX, Gladewater Muni, RNAV (GPS) RWY 14, Orig
Gladewater, TX, Gladewater Muni, RNAV (GPS) RWY 32, Orig
Gladewater, TX, Gladewater Muni, VOR/DME RWY 14, Amdt 3
Granbury, TX, Granbury Rgnl, Takeoff Minimums and Obstacle DP, Amdt
2
Houston, TX, Pearland Rgnl, RNAV (GPS) RWY 32, Amdt 3
Junction, TX, Kimble County, Takeoff Minimums and Obstacle DP, Amdt
2
Livingston, TX, Livingston Muni, Takeoff Minimums and Obstacle DP,
Amdt 1
Mexia, TX, Mexia-Limestone Co, Takeoff Minimums and Obstacle DP,
Orig
San Antonio, TX, San Antonio Intl, RNAV (RNP) Z RWY 3, Orig
San Antonio, TX, San Antonio Intl, RNAV (RNP) Z RWY 12R, Orig
San Antonio, TX, San Antonio Intl, RNAV (RNP) Z RWY 21, Orig
San Antonio, TX, San Antonio Intl, RNAV (RNP) Z RWY 30L, Orig
Sherman-Denison, TX, North Texas Rgnl/Perrin Field, Takeoff Minimums
and Obstacle DP, Orig
Tyler, TX, Tyler Pounds Rgnl, ILS or LOC RWY 13, Amdt 20F
Tyler, TX, Tyler Pounds Rgnl, RNAV (GPS) RWY 4, Amdt 1A
Tyler, TX, Tyler Pounds Rgnl, VOR/DME RWY 4, Amdt 3E
Heber, UT, Heber City Muni-Russ McDonald Field, COOLI TWO Graphic DP
Heber, UT, Heber City Muni-Russ McDonald Field, Takeoff Minimums and
Obstacle DP, Amdt 2
Pasco, WA, Tri-Cities, RNAV (GPS) Y RWY 3L, Amdt 1A
Pasco, WA, Tri-Cities, RNAV (GPS) Y RWY 12, Amdt 1A
Pasco, WA, Tri-Cities, RNAV (GPS) Y RWY 21R, Amdt 1A
Pasco, WA, Tri-Cities, RNAV (GPS) Y RWY 30, Amdt 2A
Pasco, WA, Tri-Cities, RNAV (RNP) Z RWY 3L, Orig
Pasco, WA, Tri-Cities, RNAV (RNP) Z RWY 12, Orig
Pasco, WA, Tri-Cities, RNAV (RNP) Z RWY 21R, Orig
Pasco, WA, Tri-Cities, RNAV (RNP) Z RWY 30, Orig
Delavan, WI, Lawn Lake, RNAV (GPS) RWY 18, Orig-A, CANCELLED
Delavan, WI, Lawn Lake, RNAV (GPS) RWY 36, Orig, CANCELLED
Delavan, WI, Lawn Lake, Takeoff Minimums and Obstacle DP, Amdt 1,
CANCELLED

[FR Doc. 2011-7607 Filed 4-1-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 81 (Thursday, April 29, 2021)]
[Notices]
[Pages 22734-22737]
[FR Doc No: 2021-08907]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91667; File No. SR-MIAX-2021-16]

Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Permit Monday and Wednesday Expirations for Options
Listed Pursuant to the Short Term Option Series Program on the Invesco
QQQ Trust\SM\ Series (``QQQ'') ETF Trust

April 23, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 22, 2021, Miami International Securities Exchange, LLC (``MIAX
Options'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Rulebook to permit Monday and
Wednesday expirations for options listed pursuant to the Short Term
Options Series Program on the Invesco QQQ TrustTM Series
(``QQQ'') ETF Trust.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/ at MIAX Options'
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Policy .02 (Short Term Option Series
Program) of Exchange Rule 404, Series of Option Contracts Open for
Trading, to permit Monday and Wednesday expirations for options listed
pursuant to the Short Term Options Series Program (``Program'') on QQQ.
    A Short Term Options Series is a series in an option class that is
approved for listing and trading on the Exchange in which the series is
opened for trading on any Monday, Tuesday, Wednesday, Thursday or
Friday that is a business day and that expires on the Monday, Wednesday
or Friday of the next business week, or, in the case of a series that
is listed on a Friday and expires on a Monday, is listed one business
week and one business day prior to that expiration.\3\ The Exchange is
proposing to amend Policy .02 of Exchange Rule 404 to permit the
listing of options series that expire on Mondays and Wednesdays in QQQ.
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    \3\ See Exchange Rulebook, as of Apr. 13, 2021, Rule 100,
Definitions, of ``Short Term Options Series,'' available at: https://www.miaxoptions.com/sites/default/files/page-files/MIAX_Options_Exchange_Rules_04132021.pdf.
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Monday Expirations
    As proposed, with respect to Monday QQQ Expirations within Policy
.02, the Exchange may open for trading on any Friday or Monday that is
a business day series of options on QQQ to expire on any Monday of the
month that is a business day and is not a Monday in which Quarterly
Options Series on the same class expire (``Monday QQQ Expirations''),
provided that Monday QQQ Expirations that are listed on a Friday must
be listed at least one business week and one business day prior to the
expiration. The Exchange may list up to five consecutive Monday QQQ
Expirations at one time; the Exchange may have no more than a total of
five Monday QQQ Expirations.
Wednesday Expirations
    As proposed, with respect to Wednesday QQQ Expirations within
Policy .02, the Exchange may open for trading on any Tuesday or
Wednesday that is a business day series of options on QQQ to expire on
any Wednesday of the month that is a business day and is not a
Wednesday in which Quarterly Options Series on the same class expire
(``Wednesday QQQ Expirations''). The Exchange may list up to five
consecutive Wednesday QQQ Expirations at one time; the Exchange may
have no more than a total of five Wednesday QQQ Expirations.
Monday and Wednesday Expirations
    The interval between strike prices for the proposed Monday and
Wednesday QQQ Expirations will be the same as those for the current
Short Term Option Series for Wednesday and Friday expirations
applicable to the Program.\4\ Specifically, the Monday and Wednesday
QQQ Expirations will have a $0.50 strike interval minimum.\5\ As is the
case with other equity options series listed pursuant to the Program,
the Monday and Wednesday QQQ Expirations series will be P.M.-settled.
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    \4\ See Policy .02(e) of Exchange Rule 404.
    \5\ Id.
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    Pursuant to Rule 100,\6\ with respect to the Program, if Monday is
not a business day the series shall expire on the first business day
immediately following that Monday. This procedure differs from the
expiration date of Wednesday expiration series that are scheduled to
expire on a holiday. Pursuant to Rule 100,\7\ a Wednesday expiration
series shall expire on the first business day immediately prior to that
Wednesday, e.g., Tuesday of that week, if the Wednesday is not a
business day. For purposes of QQQ, however, the Exchange believes that
it is preferable to require Monday expiration series in this scenario
to expire on the Tuesday of that week rather than the previous business
day, e.g., the previous Friday, since the Tuesday is closer in time to
the scheduled expiration date of the series than the previous Friday,
and therefore may be more representative of anticipated market
conditions. Nasdaq PHLX LLC (``Phlx'') uses the same procedure for QQQ
with Monday and Wednesday expirations.\8\ Nasdaq Phlx \9\ and Nasdaq
ISE, LLC (``ISE'') \10\ also use the same procedure for options on the
Nasdaq-100[supreg] (``NSX'') with Monday expirations that are listed
pursuant to its Nonstandard Expirations Pilot Programs, respectively.
Cboe Exchange, Inc. (``Cboe'') uses the same procedure for options on
the S&P 500 index (``SPX'') with Monday expirations that are listed
pursuant to its Nonstandard Expirations Pilot Program and that are
scheduled to expire on a holiday.\11\
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    \6\ Rule 100, Definition of ``Short Term Option Series.''
    \7\ Supra note 6.
    \8\ See Securities Exchange Act Release No. 91238 (March 2,
2021), 86 FR 13404 (March 8, 2021) (SR-Phlx-2021-10).
    \9\ See Phlx Options 4A, Section 12(b)(5).
    \10\ See ISE Supplementary Material .07 to Options 4A, Section
12.
    \11\ See Cboe Rule 4.13(e)(1) ``. . . If the Exchange is not
open for business on a respective Monday, the normally Monday
expiring Weekly Expirations will expire on the following business
day. If the Exchange is not open for business on a respective
Wednesday or Friday, the normally Wednesday or Friday expiring
Weekly Expirations will expire on the previous business day.''
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    Currently, for each option class eligible for participation in the
Program, the Exchange is limited to opening thirty (30) series for each
expiration date for the specific class.\12\ The thirty (30) series
restriction does not include series that are open by other securities
exchanges under their respective short term options rules; the Exchange
may list these additional series that are listed by other
exchanges.\13\ This thirty (30) series restriction would apply to
Monday and Wednesday QQQ Expiration series as well. In addition, the
Exchange will be able to list series that are listed by other
exchanges, assuming they file similar rules with the Commission to list
QQQ options expiring on Mondays and Wednesdays.
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    \12\ See Policy .02 of Exchange Rule 404.
    \13\ Supra note 12.
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    Finally, the Exchange is amending Policy .02(b) to Rule 404, which
addresses the listing of Short Term Options Series that expire in the
same week as monthly or quarterly options series. Currently, that rule
states that no Short Term Option Series may expire in the same week in
which monthly option series on the same class expire (with the
exception of Monday and Wednesday SPY Expirations) or, in the case of
Quarterly Options Series, on an expiration that coincides with an
expiration of Quarterly Options Series on the same class.\14\ As with
Monday and Wednesday SPY Expirations, the Exchange is proposing to
permit Monday and Wednesday QQQ Expirations to expire in the same week
as monthly options series on the same class. The Exchange believes that
it is reasonable to extend this exemption to Monday and Wednesday QQQ
Expirations because Monday and Wednesday QQQ Expirations and standard
monthly options will not expire on the same trading day, as standard
monthly options expire on Fridays. Additionally, the Exchange believes
that not listing Monday and Wednesday QQQ Expirations for one week
every month because there was a monthly QQQ expiration on the Friday of
that week would create investor confusion.
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    \14\ See Policy .02(b) of Exchange Rule 404.
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    The Exchange does not believe that any market disruptions will be

encountered with the introduction of P.M.-settled Monday and Wednesday
QQQ expirations. The Exchange has the necessary capacity and
surveillance programs in place to support and properly monitor trading
in the proposed Monday and Wednesday QQQ Expirations. The Exchange
currently trades P.M.-settled Short Term Option Series that expire
Monday and Wednesday for SPY and has not experienced any market
disruptions nor issues with capacity. The Exchange currently has
surveillance programs in place to support and properly monitor trading
in Short Term Option Series that expire Monday and Wednesday for SPY.
    Similar to SPY, the introduction of Monday and Wednesday QQQ
Expirations will, among other things, expand hedging tools available to
market participants and continue the reduction of the premium cost of
buying protection. The Exchange believes that Monday and Wednesday QQQ
Expirations will allow market participants to purchase QQQ based on
their timing as needed and allow them to tailor their investment and
hedging needs more effectively.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \15\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \16\ 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
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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    The proposed rule change is intended to provide the investing
public and other market participants more flexibility to closely tailor
their investment and hedging decisions in QQQ options, thus allowing
them to better manage their risk exposure.
    In particular, the Exchange believes the Program has been
successful to date and that Monday and Wednesday QQQ Expirations should
simply expand the ability of investors to hedge risk against market
movements stemming from economic releases or market events that occur
throughout the month in the same way that the Program has expanded the
landscape of hedging. Similarly, the Exchange believes Monday and
Wednesday QQQ Expirations should create greater trading and hedging
opportunities and flexibility, and will provide customers with the
ability to tailor their investment objectives more effectively. The
Exchange currently lists Monday and Wednesday SPY Expirations.\17\
Also, Cboe \18\ currently permits Monday and Wednesday expirations for
other options with a weekly expiration, such as options on the SPX
pursuant to its Nonstandard Expirations Pilot Program and Phlx \19\ and
ISE \20\ currently permit Monday and Wednesday expirations for other
options with a weekly expiration on NDX pursuant to its Nonstandard
Expirations Pilot Programs, respectively.
---------------------------------------------------------------------------

    \17\ Supra note 12.
    \18\ Supra note 11.
    \19\ Supra note 9.
    \20\ Supra note 10.
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    With the exception of Monday expiration series that are scheduled
to expire on a holiday, there are no material differences in the
treatment of Monday and Wednesday QQQ Expirations for Short Term Option
Series. The Exchange believes that it is consistent with the Act to
treat Monday expiration series that expire on a holiday differently
than Wednesday or Friday expiration series, since the proposed
treatment for Monday expiration series will result in an expiration
date that is closer in time to the scheduled expiration date of the
series, and therefore may be more representative of anticipated market
conditions. Monday SPY expirations are currently treated in this
manner.\21\ Cboe \22\ uses the same procedure for SPX options with
Monday expirations that are listed pursuant to its Nonstandard
Expirations Pilot Program and that are scheduled to expire on a
holiday, as do Phlx \23\ and ISE \24\ for NDX options with Monday
expirations that are listed pursuant to their Nonstandard Expirations
Pilot Programs, respectively.
---------------------------------------------------------------------------

    \21\ Supra note 12.
    \22\ Supra note 11.
    \23\ Supra note 9.
    \24\ Supra note 10.
---------------------------------------------------------------------------

    Given the similarities between Monday and Wednesday SPY Expirations
and the proposed Monday and Wednesday QQQ Expirations, the Exchange
believes that applying the provisions in Policy .02 of Exchange Rule
404 that currently apply to Monday and Wednesday SPY Expirations to
Monday and Wednesday QQQ Expirations is justified. For example, the
Exchange believes that allowing Monday and Wednesday QQQ Expirations
and monthly QQQ expirations in the same week will benefit investors and
minimize investor confusion by providing Monday and Wednesday QQQ
Expirations in a continuous and uniform manner. The Exchange also
believes that it is appropriate to amend Policy .02 of Rule 404 to
clarify that no Short Term Option Series may expire on the same day as
an expiration of Quarterly Option Series on the same class, same as
SPY.
    The Exchange represents that it has an adequate surveillance
program in place to detect manipulative trading in Monday and Wednesday
expirations, including Monday and Wednesday QQQ Expirations, in the
same way that it monitors trading in the current Short Term Option
Series and trading in Monday and Wednesday SPY Expirations. The
Exchange also represents that it has the necessary systems capacity to
support the new options series. Finally, the Exchange does not believe
that any market disruptions will be encountered with the introduction
of Monday and Wednesday QQQ Expirations.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange notes that
having Monday and Wednesday QQQ Expirations is not a novel proposal, as
Monday and Wednesday SPY Expirations are currently listed on the
Exchange.\25\ Cboe \26\ uses the same procedure for SPX options with
Monday expirations that are listed pursuant to its Nonstandard
Expirations Pilot Program and that are scheduled to expire on a
holiday, as do Phlx \27\ and ISE \28\ for NDX options with Monday
expirations that are listed pursuant to their Nonstandard Expirations
Pilot Programs, respectively.
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    \25\ Supra note 12.
    \26\ Supra note 11.
    \27\ Supra note 9.
    \28\ Supra note 10.
---------------------------------------------------------------------------

    The Exchange does not believe the proposal will impose any burden
on intra-market competition, as all market participants will be treated
in the same manner under this proposal. Additionally, the Exchange does
not believe the proposal will impose any burden on inter-market
competition, as nothing prevents the other options exchanges from
proposing similar rules to list and trade Short-Term Option Series with
Monday and Wednesday expirations.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \29\ and Rule 19b-
4(f)(6) thereunder.\30\
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    \29\ 15 U.S.C. 78s(b)(3)(A).
    \30\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act normally does not become operative for 30 days after the date of
its filing. However, Rule 19b-4(f)(6)(iii) \31\ permits the Commission
to designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The
Commission notes that it recently approved Phlx's substantially similar
proposal to list and trade Monday QQQ Expirations and Wednesday QQQ
Expirations.\32\ The Exchange stated that waiver of the operative delay
is consistent with the protection of investors and the public interest
as it would encourage fair competition among exchanges by allowing MIAX
Options to compete effectively with Phlx by having the ability to list
and trade the same Monday and Wednesday QQQ Expirations that Phlx is
able to list and trade. For these reasons, the Commission believes that
the proposed rule change presents no novel issues and that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest, and will allow the Exchange to
remain competitive with other exchanges. Accordingly, the Commission
hereby waives the operative delay and designates the proposed rule
change operative upon filing.\33\
---------------------------------------------------------------------------

    \31\ 17 CFR 240.19b-4(f)(6)(iii).
    \32\ See Securities Exchange Act Release No. 91614 (April 20,
2021).
    \33\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-MIAX-2021-16 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-MIAX-2021-16. 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-MIAX-2021-16 and should be submitted on
or before May 20, 2021.
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-08907 Filed 4-28-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Rules and Regulations]
[Pages 63407-63409]
[FR Doc No: 2018-26565]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0194; Airspace Docket No. 18-AGL-6]
RIN 2120-AA66

Amendment of Class E Airspace; Madison, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending up to 700 feet
above the surface at Lac Qui Parle County Airport (formerly Madison-Lac
Qui Parle Airport), Madison, MN, to accommodate new standard instrument
approach procedures for instrument flight rules (IFR) operations at the
airport. The FAA is taking this action due to the decommissioning of
the Madison non-directional radio beacon (NDB) and cancellation of the
associated approach. This enhances the safety and management of IFR
operations at the airport. Also, an editorial change has been made
removing the city from the airport name. The airport name is updated
from Madison-Lac Qui Parle Airport, to Lac Qui Parle County Airport,
Madison, MN.

DATES: Effective 0901 UTC, April 25, 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 7400.11C, 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 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Walter Tweedy, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 44248; August 30, 2018) for Docket No. FAA-2018-0194 to
amend Class E airspace extending upward from 700 feet above the surface
at Lac Qui Parle County Airport, Madison, MN. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 modifies Class E airspace extending upward from 700 feet above
the surface within a 6.4-mile radius (increased from a 6.3-mile radius)
at Lac Qui Parle County Airport, Madison, MN. The segment 7.4 miles
southeast of the airport will be removed due to the decommissioning of
the Madison NDB and cancellation of the associated approach. This
action enhances the safety and management of the standard instrument
approach procedures for IFR operations at the airport.
    Also, an editorial change has been made removing the city from the
airport name. The airport name is updated from Madison-Lac Qui Parle
Airport, to Lac Qui Parle County Airport, Madison, MN.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that 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 action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

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

* * * * *

AGL MN E5 Madison, MN [Amended]

Lac Qui Parle Airport, MN
    (Lat. 44[deg]59'11'' N, long. 96[deg]10'40'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Madison-Lac Qui Parle Airport, MN.

    Issued in Fort Worth, Texas, on November 29, 2018.
Anthony Schneider,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-26565 Filed 12-7-18; 8:45 am]
 BILLING CODE 4910-13-P