[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Rules and Regulations]
[Pages 70367-70368]
[FR Doc No: 2021-26786]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0216; Project Identifier 2018-CE-061-AD; Amendment
39-21860; AD 2021-26-02]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace Corporation
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Gulfstream Aerospace Corporation (Gulfstream) Model GV and GV-SP
airplanes. This AD was prompted by the omission of a life limit in the
airworthiness limitations section (ALS) of the maintenance manual for a
certain main landing gear (MLG) trunnion pin. This AD requires revising
the ALS of your existing instructions for continued airworthiness (ICA)
or inspection program for the airplane to establish a life limit of
20,000 flight cycles for the affected MLG trunnion pin. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 14, 2022.

ADDRESSES: For service information identified in this final rule,
contact Gulfstream Aerospace Corporation, Technical Publications Dept.,
500 Gulfstream Road, Savannah, GA 31402-2206; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email: [email protected]; website: https://www.gulfstream.com/en/customer-support/. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City, MO 64106. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0216; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Miral Patel, Aviation Safety Engineer,
Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, GA 30337;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Gulfstream
Aerospace Corporation (Gulfstream) Model GV and GV-SP airplanes. The
NPRM published in the Federal Register on September 17, 2021 (86 FR
51842). The NPRM was prompted by notification from Gulfstream that a
life limit for replacing MLG trunnion pin part number (P/N) 1159SCL566-
15 had been omitted from the ALS of the maintenance manual for Model GV
and GV-SP airplanes. Gulfstream revised the ALS for the applicable
airplanes to establish a life limit of 20,000 flight cycles for the
affected MLG trunnion pin. A trunnion pin remaining in service beyond
its fatigue life could lead to fracture and failure of the trunnion
pin.
    In the NPRM, the FAA proposed to require revising the ALS of your
ICA or inspection program for the airplane to establish a life limit of
20,000 flight cycles for the affected MLG trunnion pin. The FAA is
issuing this AD to prevent MLG failure, which could lead to a runway
excursion.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. This AD is
adopted as proposed in the NPRM.

Related Service Information

    The FAA reviewed Gulfstream GV Aircraft Maintenance Manual,
Revision 53, dated March 15, 2021; Gulfstream G550 Aircraft Maintenance
Manual, Revision 34, dated March 15, 2021; and Gulfstream G500-5000
Aircraft Maintenance Manual, Revision 34, dated March 15, 2021. For the
applicable marketing designation specified on each document, the
revised service information adds a life limit for MLG trunnion pin P/N
1159SCL566-15.

Costs of Compliance

    The FAA estimates that this AD affects 516 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost          airplane        operators
----------------------------------------------------------------------------------------------------------------
Revise the ALS....................  1 work-hour x $85 per  Not applicable.......             $85         $43,860
                                     hour = $85.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2021-26-02 Gulfstream Aerospace Corporation: Amendment 39-21860;
Docket No. FAA-2021-0216; Project Identifier 2018-CE-061-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective January 14, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Gulfstream Aerospace Corporation Model GV and
GV-SP airplanes, all serial numbers, certificated in any category.

    Note 1 to paragraph (c): Model GV-SP airplanes are also referred
to by the marketing designations G500, G550, and G500-5000.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3200, Landing Gear
System.

(e) Unsafe Condition

    This AD was prompted by the omission of a life limit in the
airworthiness limitations section (ALS) for a certain main landing
gear (MLG) trunnion pin. The FAA is issuing this AD to prevent a MLG
trunnion pin from remaining in service beyond its fatigue life. This
unsafe condition, if not addressed, could result in MLG failure and
could lead to a runway excursion.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Revise the ALS

    Within 12 months after the effective date of this AD, revise the
existing ALS of the instructions for continued airworthiness or
aircraft inspection program for your airplane by establishing a life
limit of 20,000 flight cycles for each MLG trunnion pin part number
1159SCL566-15.

    Note 2 to paragraph (g): Table 5 in Section 05-10-10 of the
following aircraft maintenance manuals contains the life limit in
paragraph (g) of this AD: Gulfstream GV Aircraft Maintenance Manual,
Revision 53, dated March 15, 2021; Gulfstream G550 Aircraft
Maintenance Manual, Revision 34, dated March 15, 2021; or Gulfstream
G500-5000 Aircraft Maintenance Manual, Revision 34, dated March 15,
2021.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (i)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    (1) For more information about this AD, contact Miral Patel,
Aviation Safety Engineer, Atlanta ACO Branch, FAA, 1701 Columbia
Avenue, College Park, GA 30337; phone:<PHONE_NUMBER>; fax: (404)
474-5606; email: [email protected].
    (2) For service information identified in this AD, contact
Gulfstream Aerospace Corporation, Technical Publications Dept., 500
Gulfstream Road, Savannah, GA 31402-2206; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email: [email protected]; website: https://www.gulfstream.com/en/customer-support/. You may view this
referenced service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901 Locust, Kansas City, MO
64106. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

(j) Material Incorporated by Reference

    None.

    Issued on December 6, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-26786 Filed 12-9-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Rules and Regulations]
[Pages 15633-15634]
[FR Doc No: 2017-06267]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0261]
RIN 1625-AA87

Security Zone; USCGC MUNRO Commissioning Ceremony Elliott Bay;
Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 300 yard temporary security
zone in the navigable waters of Elliott Bay, Seattle, WA, around the
U.S. Coast Guard Cutter MUNRO at Pier 91 within the Sector Puget Sound
Captain of the Port Zone. The security zone is necessary to ensure the
security of the USCGC MUNRO from sabotage or other subversive acts
during its commissioning ceremony at Pier 91. The safety zone will
prohibit any person or vessel from entering or remaining in the safety
zone unless authorized by the Captain of the Port or her Designated
Representative.

DATES: This rule is effective from 6 a.m. until 6 p.m. on April 1,
2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0261 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Zachary Spence, Sector Puget Sound
Waterways Management Branch, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impracticable as delayed promulgation may jeopardize the security of
the commissioning ceremony.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be impracticable because the commissioning
ceremony will occur on April 1, 2017, and this rule must be effective
to ensure the security of this high profile event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department
of Homeland Security Delegation No. 0170.1 which collectively
authorizes the Coast Guard to establish security zones. The Captain of
the Port, Puget Sound has determined that potential threats of sabotage
and other subversive acts associated with the USCGC MUNRO commissioning
ceremony on April 1, 2017, will be a security concern for anyone within
a 300 yard radius of USCGC MUNRO at Pier 91 in Seattle, WA. This rule
is needed to protect personnel and vessels in the navigable waters
within the security zone while the commissioning ceremony takes place.

IV. Discussion of the Rule

    This rule establishes a temporary security zone that will be
enforced from 6 a.m. though 6 p.m. on April 1, 2017. The security zone
will cover all navigable waters within 300 yards of USCGC MUNRO at Pier
91 in Seattle, WA. The duration of the zone is intended to protect
personnel and vessels in these navigable waters while the commissioning
ceremony takes place. No vessel or person will be permitted to enter
the security zone without obtaining permission from the COTP or a
designated representative while the zone is subject to enforcement.
Vessels wishing to enter the security zone must request permission to
do so from the Captain of the Port, Puget Sound by contacting the Joint
Harbor Operations Center at<PHONE_NUMBER> or the on-scene patrol craft,
if any, via VHF-FM Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the security zone. Vessel
traffic will be able to safely transit around this security zone which
will impact a small designated area of the Elliott Bay in Seattle, WA
for 12 hours and during a time of year when vessel traffic is normally
low. Public, commercial, and privately owned vessels impacted by the
security zone may request Captain of the Port, Puget Sound or his
Designated Representative permission to transit through the security
zone by contacting the Joint Harbor Operation Center<PHONE_NUMBER> or
the on-scene patrol craft on VHF Ch. 16. Moreover, the Coast Guard will
issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant

economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a security zone lasting 12 hours that will prohibit entry
within 300 yards of USCGC MUNRO at Pier 91 in Seattle, WA. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T13-0261 to read as follows:

Sec.  165.T13-0261  Security Zone; USCGC MUNRO Commissioning Ceremony
Elliott Bay, Seattle, WA.

    (a) Location. The following area is a security zone: All navigable
waters of Elliott Bay within 300 yards of the USCGC MUNRO while moored
at Pier 91.
    (b) Definitions. The following definitions apply to this section:
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Puget Sound (COTP)
in the enforcement of the security zone identified in paragraph (a) of
this section.
    (c) Regulations. The general regulations governing security zones
contained in Sec.  [thinsp]165.33 apply to the security zone identified
in paragraph (a) of this section.
    (1) During the enforcement period, entry into, transit through,
remaining within, or movement within this temporary zone is prohibited
unless authorized by the Captain of the Port Puget Sound or her
designated representative.
    (2) To seek permission to enter the security zone contact the
Captain of the Port or her designated representative via the Joint
Harbor Operations Center at<PHONE_NUMBER> or the on-scene patrol craft
on VHF Ch 16 to obtain permission to do so.
    (3) Vessel operators given permission to enter or operate in the
security zone must comply with all directions given to them by the COTP
or her designated representatives.
    (4) The Coast Guard may be assisted by other federal, state, or
local agencies in patrol and notification of this regulation.
    (d) Enforcement period. This section will be enforced from 6 a.m.
to 6 p.m. on April 1, 2017.

    Dated: March 24, 2017.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2017-06267 Filed 3-29-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 82 (Tuesday, April 29, 2014)]
[Notices]
[Pages 24058-24059]
[FR Doc No: 2014-09633]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land-Use Assurance

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent of waiver of Aeronautical Land-Use Assurance
with respect to land; Port Columbus International Airport, Columbus,
Ohio.

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SUMMARY: The FAA is considering a proposal to change a 29.8 acre parcel
of airport land from aeronautical use to non-aeronautical use and to
authorize this parcel to be leased for revenue-producing, non-
aeronautical purposes at

Port Columbus International Airport, Columbus, Ohio. The aforementioned
land is not needed for aeronautical use.
    The parcel is located on the north side of Bridgeway Avenue,
between Goshen Lane and James Road. The majority of the parcel is a
mowed field. There are three (3) existing buildings located on the
parcel. These buildings are not needed for aeronautical use and are to
be removed. The parcel presently serves the primary purpose of
protecting airport aeronautical (imaginary) surfaces which are needed
for safe and efficient use of navigable airspace. The parcel will
continue to serve in this same capacity through reservations and
restrictions retained in the lease document. The parcel will be leased
and developed for office/warehouse and office/call center facilities.

DATES: Comments must be received on or before May 29, 2014.

ADDRESSES: Documents are available for review by appointment at the FAA
Detroit Airports District Office, Brian Tenkhoff, Program Manager,
11677 South Wayne Road, Suite 107, Romulus, MI 48174 Telephone: (734)
229-2933/Fax:<PHONE_NUMBER> and Columbus Regional Airport Authority-
Planning & Engineering, 4600 International Gateway, Columbus, Ohio
43219 Telephone:<PHONE_NUMBER>.
    Written comments on the Sponsor's request must be delivered or
mailed to: Brian Tenkhoff, Program Manager, Federal Aviation
Administration, Detroit Airports District Office, 11677 South Wayne
Road, Suite 107, Romulus, MI 48174, Telephone Number:<PHONE_NUMBER>/
FAX Number:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Brian Tenkhoff, Program Manager,
Federal Aviation Administration, Detroit Airports District Office,
11677 South Wayne Road, Suite 107, Romulus, MI 48174. Telephone Number:
(734) 229-2933/FAX Number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with section 47107(h) of Title
49, United States Code, this notice is required to be published in the
Federal Register 30 days before modifying the land-use assurance that
requires the property to be used for an aeronautical purpose.
    The parcel is depicted on the Airport Layout Plan (ALP) dated
November 17, 2011, and the Exhibit ``A'' property map. The parcel was
acquired through multiple Airport Improvement Program (AIP) Grants: 3-
39-0025-01, 3-39-0025-02 and 06-39-0025-04.
    No airport landside or airside facilities are presently located on
this parcel nor is airport development contemplated in the future.
Development of the parcel for airside or landside operations is largely
restricted due to the parcel being separated from the airfield by
Bridgeway Avenue. There are no impacts to the airport by allowing it to
waive the requirement to maintain the parcel for aeronautical use.
    The sponsor will control use of the parcel through the terms and
conditions of the ground lease. The lease will be subordinate to the
sponsor's existing grant assurances. This will ensure that all
activities contemplated on the parcel will be compatible with FAA
requirements and airport operations.
    The disposition of proceeds from the lease of the airport property
will be in accordance with FAA's Policy and Procedures Concerning the
Use of Airport Revenue, published in the Federal Register on February
16, 1999 (64 FR 7696).
    This notice announces that the FAA is considering the release of
the subject airport property at the Port Columbus International
Airport, Columbus, Ohio from its obligations to be maintained for
aeronautical purposes. Approval does not constitute a commitment by the
FAA to financially assist in the change in use of the subject airport
property nor a determination of eligibility for grant-in-aid funding
from the FAA.
    Following is the legal description of the subject airport parcel at
the Port Columbus International Airport in Columbus, Ohio:
    Situated in the State of Ohio, County of Franklin, City of
Columbus, lying in Quarter Township 4, Township 1, Range 17, United
States Military Lands, and being part of that tract conveyed to
Columbus Regional Airport Authority by deed of record in Instrument
Number<PHONE_NUMBER>21206, (all references are to the records of the
Recorder's Office, Franklin County, Ohio) and being more particularly
described as follows:
    BEGINNING at the intersection of the easterly right-of-way line of
Goshen Lane and the northerly right-of-way line of Bridgeway Avenue;
Thence North 04[deg]40'22'' East, with said easterly right-of-way line,
a distance of 87.31 feet to a point; Thence North 12[deg]44'06'' East,
continuing with said easterly right-of-way line, a distance of 149.00
feet to a point; Thence South 88[deg]03'05'' East, across said Columbus
Regional Airport Authority tract, a distance of 204.08 feet to a point;
Thence North 01[deg]27'56'' East, continuing across said Columbus
Regional Airport Authority tract, a distance of 174.69 feet to a point
in the southerly limited access right-of-way line of Interstate 270;
Thence with said southerly limited access right-of-way line, the
following courses and distances: South 88[deg]06'11'' East, a distance
of 252.52 feet to a point; South 85[deg]36'03'' East, a distance of
2302.26 feet to a point; North 83[deg]07'38'' East, a distance of
123.89 feet to a point; and South 85[deg]58'44'' East, a distance of
224.25 feet to the intersection of said southerly limited access right-
of-way line and the westerly right-of-way line of James Road; Thence
South 03[deg]36'59'' West, with said westerly right-of-way line, a
distance of 453.48 feet to the intersection of said westerly right-of-
way line and the northerly right-of-way line of said Bridgeway Avenue;
Thence North 85[deg]37'22'' West, with said northerly right-of-way
line, a distance of 3123.45 feet to the POINT OF BEGINNING containing
29.8 acres, more or less.

    Issued in Romulus, MI, on April 10, 2014.
John L. Mayfield, Jr.,
Manager, Detroit Airports District Office, FAA, Great Lakes Region.
[FR Doc. 2014-09633 Filed 4-28-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Notices]
[Pages 38747-38751]
[FR Doc No: 2016-13964]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78015; File Nos. SR-NYSE-2016-18; SR-NYSEMKT-2016-31]

Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE
MKT LLC; Notice of Filings of Amendment No. 1, and Order Granting
Accelerated Approval of Proposed Rule Changes, as Modified by Amendment
No. 1, To Provide for How the Exchanges Would Determine an Official
Closing Price if the Exchanges Are Unable To Conduct a Closing
Transaction

June 8, 2016.

I. Introduction

    On March 2, 2016, New York Stock Exchange LLC (``NYSE'') and NYSE
MKT LLC (``NYSE MKT'') (each an ``Exchange,'' and together the
``Exchanges'') each filed with the Securities and Exchange Commission
(``Commission''), pursuant to section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend, respectively, NYSE Rule 123C and NYSE
MKT Rule 123C--Equities (both hereinafter ``Rule 123C'') to provide for
how each Exchange will determine an Official Closing Price if it is
unable to conduct a closing transaction. The proposed rule changes were
published for comment in the Federal Register on March 11, 2016.\3\ The
Commission received one comment letter in response to the NYSE
proposal.\4\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 77305 (March 7,
2016), 81 FR 12977 (SR-NYSE-2016-18) (``NYSE Notice''); Securities
Exchange Act Release No. 77306 (March 7, 2016), 81 FR 12986 (SR-
NYSEMKT-2016-31) (``MKT Notice''). The proposals are substantially
similar and the Commission is hereby noticing the Amendments No. 1
and granting accelerated approval jointly.
    \4\ See Letter from Theodore R. Lazo, Managing Director and
Associate General Counsel, Securities Industry and Financial Markets
Association, to Brent J. Fields, Secretary, Commission, dated April
5, 2016 (submitted to File No. SR-NYSE-2016-18) (``SIFMA Letter'').
The Commission notes that this comment letter was also submitted in
response to a similar filing by the Nasdaq Stock Market LLC. See
Securities Exchange Act Release No. 77309 (March 7, 2016), 81 FR
13007 (March 11, 2016) (SR-NASDAQ-2016-035).
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    On April 21, 2016, the Commission extended the time period within
which to approve the proposed rule changes, disapprove the proposed
rule changes, or institute proceedings to determine whether to
disapprove the proposed rule changes, to June 9, 2016.\5\ On May

26, 2016, NYSE submitted a response to the comment letter,\6\ and each
Exchange filed an Amendment No. 1 to its proposal.\7\ The Commission is
publishing this notice to solicit comments on the Amendments No. 1 from
interested persons, and is approving the proposed rule changes, each as
modified by its respective Amendment No. 1, on an accelerated basis.
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    \5\ See Securities Exchange Act Release Nos. 77677, 81 FR 24907
(April 27, 2016) (SR-NYSE-2016-18); 77676, 81 FR 24907 (April 27,
2016) (SR-NYSEMKT-2016-31).
    \6\ See Letter from Elizabeth K. King, General Counsel and
Corporate Secretary, New York Stock Exchange, to Brent J. Fields,
Secretary, Commission, dated May 26, 2016 (``NYSE Response
Letter'').
    \7\ In its Amendment No. 1, each Exchange amended its proposed
rule text to (1) add proposed Rule 123C(1)(e)(iv), which provides
that, if the Exchange determines the Official Closing Price under
Rule 123C(1)(e)(ii) or (e)(iii), the Exchange will publicly announce
the manner by which it will determine its Official Closing Price and
the designated alternate exchange, if applicable, and will cancel
all open interest designated for the Exchange close; and (2) amend
Rule 123C(1)(e)(i) to specify how the Exchange will determine the
Official Closing Price for a security that has transferred its
listing to the Exchange or is a new listing and does not have any
last-sale eligible trades on the Exchange on its first day of
trading on the Exchange. The Exchanges' respective Amendments No. 1
are available at: https://www.nyse.com/publicdocs/nyse/markets/nyse/rule-filings/filings/2016/NYSE-2016-18,%20Pt.%20Am.%201.pdf and
https://www.nyse.com/publicdocs/nyse/markets/nyse-mkt/rule-filings/filings/2016/NYSEMKT-2016-31,%20Pt.%20Am.%201.pdf.
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II. Description of the Proposed Rule Changes

    Each Exchange proposes to amend its rules to specify closing
contingency procedures for determining an Official Closing Price for
its listed securities if it is unable to conduct a closing transaction
in one or more securities due to a systems or technical issue.
Specifically, each Exchange proposes to amend its Rule 123C to provide
for how it would determine an Official Closing Price if it is
impaired.\8\
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    \8\ According to the Exchanges, this proposal was developed in
consultation with one another, their affiliated exchange, NYSE Arca,
Inc. (``NYSE Arca''), and the NASDAQ Stock Market LLC (``Nasdaq''),
and took into consideration feedback from discussions with industry
participants. See NYSE Notice, supra note 3, at 12978; NYSE MKT
Notice, supra note 3, at 12986. The Commission notes that the Nasdaq
Stock Market LLC has also filed a similar proposed rule change with
the Commission. See Securities Exchange Act Release No. 77309 (March
7, 2016), 81 FR 13007 (March 11, 2016) (SR-NASDAQ-2016-035).
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    For each Exchange, under its current rules, the ``Official Closing
Price'' of a security it lists is the price established in a closing
transaction of one round lot or more.\9\ If there is no closing
transaction in a security, or if a closing transaction is less than one
round lot, the Official Closing Price will be the most-recent last-
sale-eligible trade in that security on the Exchange on that trading
day.\10\ Currently, if an Exchange is unable to conduct a closing
transaction in a security due to a systems or technical issue, the
Official Closing Price will be the last consolidated last-sale-eligible
trade for that security during regular trading hours on that trading
day, and if there were no such consolidated last-sale eligible trades,
the Official Closing Price will be the prior day's Official Closing
Price.\11\
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    \9\ See Rule 123C(1)(e)(i). See also Securities Exchange Act
Release Nos. 76598 (Dec. 9, 2015), 80 FR 77688 (Dec. 15, 2015) (SR-
NYSE-2015-62); 76601 (Dec. 9, 2015), 80 FR 77680 (Dec. 15, 2015)
(SR-NYSEMKT-2015-98).
    \10\ See Rule 123C(1)(e)(i).
    \11\ See Rule 123C(1)(e)(ii).
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    Each Exchange proposes to amend its Rule 123C(1)(e)(ii) to provide
for a proposed new contingency plan for how it would determine an
Official Closing Price if it is unable to conduct a closing transaction
in a security due to a systems or technical issue.\12\ Each Exchange
proposes that, if it determines at or before 3:00 p.m. Eastern Time
that it is unable to conduct a closing transaction in one or more
securities due to a systems or technical issue, it would designate an
alternate exchange for those securities. The affected Exchange would
publicly announce the exchange designated as the alternate exchange via
Trader Update.\13\ In these circumstances, the Official Closing Price
of each affected security on an Exchange would be determined based on
the following hierarchy:
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    \12\ Each Exchange states that, if it determines that it is
impaired before 3:00 p.m. and the Official Closing Price for an
Exchange-listed security is determined pursuant to proposed Rule
123C(1)(e)(ii), the SIP would publish the Official Closing Price for
that security no differently than how the SIP publishes the Official
Closing Price for an Exchange-listed security pursuant to current
Rule 123C(1)(e)(i). See NYSE Notice, supra note 3, at 12979; NYSE
MKT Notice, supra note 3, at 12987-88. Accordingly, if the Official
Closing Price of a security is determined pursuant to proposed Rule
123C(1)(e)(ii), the Exchanges note that recipients of SIP data would
not have to make any changes to their systems. See NYSE Notice,
supra note 3, at 12979; NYSE MKT Notice, supra note 3, at 12987-88.
    \13\ See NYSE Notice, supra note 3, at 12978; NYSE MKT Notice,
supra note 3, at 12987. The Exchanges represent that they expect to
designate an affiliated exchange as the alternate exchange and would
designate Nasdaq only if the affiliated exchanges were also impacted
by the systems or technical issue. See NYSE Notice, supra note 3, at
12978 n.6; NYSE MKT Notice, supra note 3, at 12987 n.6. In its
respective Amendment No. 1, each Exchange specified that this
determination would be publicly announced and that, in the event of
such a determination, all open interest designated for the Exchange
close would be deemed canceled. See Amendments No. 1.
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     The Official Closing Price would be the official closing
price for that security under the rules of the designated alternate
exchange.\14\ For example, if NYSE Arca is the designated alternate
exchange, the Official Closing Price would be based on NYSE Arca
Equities Rule 1.1(ggP), which defines how NYSE Arca establishes an
official closing price.\15\ If Nasdaq were designated as the alternate
exchange, the Official Closing Price would be the official closing
price established in Nasdaq Rule 4754.
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    \14\ See Proposed Rule 123C(1)(e)(ii)(A).
    \15\ According to the Exchanges, NYSE Arca will be filing a rule
proposal to amend its Rule 1.1(ggP)(1) to provide that the manner by
which NYSE Arca determines the Official Closing Price for securities
listed on NYSE Arca would also be applicable to any securities for
which NYSE Arca conducts a closing auction, including securities
that trade on an unlisted-trading-privileges basis. See NYSE Notice,
supra note 3, at 12978 n.7; NYSE MKT Notice, supra note 3, at 12987
n.7.
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     If the designated alternate exchange does not have an
official closing price in a security, the Official Closing Price would
be the volume-weighted average price (``VWAP'') of the consolidated
last-sale-eligible prices of the last five minutes of trading during
regular trading hours up to the time that the VWAP is processed.\16\
The VWAP would include any closing transactions on an exchange and
would take into account any trade breaks or corrections up to the time
the VWAP is processed.
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    \16\ See proposed Rule 123C(1)(e)(ii)(B).
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     If the designated alternate exchange does not have an
official closing price in a security and there were no consolidated
last-sale eligible trades in the last five minutes of trading during
regular trading hours in that security, the Official Closing Price
would be the last consolidated last-sale-eligible trade during regular
trading hours on that trading day.\17\
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    \17\ See proposed Rule 123C(1)(e)(ii)(C).
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     If the designated alternate exchange does not have an
official closing price in a security and there were no consolidated
last-sale-eligible trades in a security on a trading day in that
security, the Official Closing Price would be the prior day's Official
Closing Price.\18\
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    \18\ See proposed Rule 123C(1)(e)(ii)(D).
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     If an Official Closing Price for a security cannot be
determined as provided above, and there is no prior day's Official
Closing Price, the Exchange would not publish an Official Closing Price
for that security.\19\
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    \19\ See proposed Rule 123C(1)(e)(ii)(E).
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    In addition, each Exchange has proposed Rule 123C(1)(e)(iii) to
describe how it would determine the Official Closing Price for a
security if it determines after 3:00 p.m. Eastern Time that it is
unable to conduct a closing transaction in one or more securities

due to a systems or technical issue.\20\ According to each Exchange, if
an announcement were made after 3:00 p.m. Eastern Time that the
Exchange was impaired and unable to conduct a closing transaction,
market participants would not have sufficient time to re-direct
closing-only orders to an alternate venue.\21\ Therefore, each Exchange
proposes that the process for determining an Official Closing Price for
a security under these circumstances would not contemplate a closing
transaction on a designated alternate exchange. Accordingly, in such a
scenario, each Exchange proposes to use the following hierarchy for
determining the Official Closing Price for a security:
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    \20\ Each Exchange states that, similar to how the Official
Closing Price would be published under proposed Rule 123C(1)(e)(ii),
if it determines that it is impaired after 3:00 p.m. and the
Official Closing Price for a security is determined pursuant to
proposed Rule 123C(1)(e)(iii), the SIP would publish the Official
Closing Price for that security no differently than how the SIP
publishes the Official Closing Price for an Exchange-listed security
pursuant to current Rule 123C(1)(e)(i). See NYSE Notice, supra note
3, at 12980; NYSE MKT Notice, supra note 3, at 12988. Accordingly,
if the Official Closing Price is determined pursuant to proposed
Rule 123C(1)(e)(iii), the Exchanges note that recipients of SIP data
would not have to make any changes to their systems. See NYSE
Notice, supra note 3, at 12980; NYSE MKT Notice, supra note 3, at
12988. In its Amendment No. 1, each Exchange has specified that this
determination would be publicly announced and that, in the event of
such determination, all open interest designated for the Exchange
close would be deemed canceled. See Amendment No. 1.
    \21\ See NYSE Notice, supra note 3, at 12979; NYSE MKT Notice,
supra note 3, at 12988.
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     The Official Closing Price would be the VWAP of the
consolidated last-sale-eligible prices of the last five minutes of
trading during regular trading hours up to the time that the VWAP is
processed, including any closing transactions on an exchange.\22\ The
VWAP would take into account any trade breaks or corrections up to the
time the VWAP is processed.
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    \22\ See proposed Rule 123C(1)(e)(iii)(A).
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     If there were no consolidated last-sale eligible trades in
the last five minutes of trading during regular trading hours in such
security, the Official Closing Price would be the last consolidated
last-sale-eligible trade during regular trading hours on that trading
day.\23\
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    \23\ See proposed Rule 123C(1)(e)(iii)(B).
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     If there were no consolidated last-sale-eligible trades in
the security on a trading day, the Official Closing Price would be the
prior day's Official Closing Price.\24\
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    \24\ See proposed Rule 123C(1)(e)(iii)(C).
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     If an Official Closing Price for a security cannot be
determined as provided above and there is no prior day's Official
Closing Price, the Exchange would not publish an Official Closing Price
for that security.\25\
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    \25\ See proposed Rule 123C(1)(e)(iii)(D).
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    The Exchanges propose to implement the closing contingency
procedures for determining an Official Closing Price no later than 120
days after approval, on a date to be announced via Trader Update.\26\
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    \26\ See NYSE Notice, supra note 3, at 12980; NYSE MKT Notice,
supra note 3, at 12988. Each Exchange further notes that, under the
proposed rule change, for purposes of NYSE Rule 440B(b) and NYSE MKT
Rule 440B(b)--Equities, the Official Closing Price would continue to
be determined based on Rule 123C and that, if the Exchange is
impaired, the Official Closing Price as defined in proposed Rules
123C(1)(e)(ii) and (iii) would be used for purposes of determining
whether a Short Sale Price Test is triggered in a security the next
trading day. See NYSE Notice, supra note 3, at 12980; NYSE MKT
Notice, supra note 3, at 12988. Each Exchange also proposes to
specify in Rule 123C(1)(e)(i) that, for a security that has
transferred its listing to the Exchange and does not have any last-
sale-eligible trades on the Exchange on its first trading day, the
Official Closing Price would be the prior day's closing price
disseminated by the primary listing market that previously listed
such security. See Amendments No. 1. In addition, for a new listing
that does not have any last-sale eligible trades on an Exchange on
its first trading day, the Official Closing Price would be based on
a derived last sale associated with the price of that security
before it begins trading. See id.
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III. Summary of Comments

    As noted above, the Commission received one comment letter on the
NYSE proposal and a response letter from NYSE.\27\ The commenter
generally supports the proposal but suggests certain modifications to
the proposal.\28\ The Commission notes that, while this comment letter
was submitted in response only to the NYSE proposal, the Exchanges'
proposals are substantively similar and the comments raised are equally
relevant to both.
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    \27\ See SIFMA Letter, supra note 4; NYSE Response Letter, supra
note 6.
    \28\ See SIFMA Letter, supra note 4, at 1. The commenter also
encourages NYSE and Nasdaq to continue to work with industry
participants on this issue and to refine the backup mechanism as a
next step. See id. at 3.
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    First, the commenter suggests that NYSE's rules should specify that
any designation of an alternate exchange would be publicly announced at
or before 3:00 p.m. and that the announcement would be made through the
SIP feed in addition to any other forms of communication.\29\ According
to the commenter, if a determination is made at 3:00 p.m., then the
time between 3:00 p.m. and when member firms actually receive notice of
the designation would cut into the time needed to re-direct closing
interest to the designated alternate exchange.\30\ NYSE agreed with the
commenter's suggestion that it should publicly announce the designation
of an alternate exchange.\31\ As a result, each Exchange amended its
proposal to specify that any designation of an alternate exchange will
be publicly announced at or before 3:00 p.m.\32\
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    \29\ See id. at 2-3.
    \30\ See id.
    \31\ The public announcement of an alternate exchange
designation, however, would not be disseminated through the SIP
feed.
    \32\ See NYSE Response Letter, supra note 6, at 1. See also
Amendments No. 1.
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    Second, the commenter suggests that, if NYSE determines not to
carry out its own closing transaction, it should expressly assume
responsibility for the cancellation of all closing interest that NYSE
has already received.\33\ According to the commenter, this would allow
market participants to treat their closing interest as canceled even if
they have not received an official notification of the
cancellation.\34\ The commenter also suggests that NYSE's rules should
state that the official closing transaction will be canceled once NYSE
determines that it is unable to conduct its own closing transaction, so
as to avoid uncertainty regarding whether NYSE might change course if
it determines before 4:00 p.m. that it can, in fact, conduct its own
closing transaction.\35\ NYSE agreed with the commenter's suggestion
that it provide members with certainty that their open interest will
not be executed if NYSE determines to employ the closing contingency
procedures. As a result, each Exchange has amended its proposal to
expressly state that it would cancel all open interest designated for
the Exchange close if it determines to employ the closing contingency
procedures.\36\ The Commission also notes that, under the proposals,
once an Exchange publicly announces that it will employ the closing
contingency procedures, it will not revert to its ordinary closing
procedures, and the Official Closing Price would be determined
according to the hierarchies discussed above.\37\
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    \33\ See SIFMA Letter, supra note 4, at 3. The commenter also
asserts that, if NYSE executes the closing interest despite
canceling the closing transaction, NYSE should be responsible under
its own rules for any resulting losses to the member firms. See id.
The Exchanges have not revised their proposals to assume this
liability.
    \34\ See SIFMA Letter, supra note 4, at 3.
    \35\ See id.
    \36\ See NYSE Response Letter, supra note 6, at 2. See also
Amendments No. 1.
    \37\ See supra notes 14-25 and accompanying text.
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    Third, the commenter suggests that, when using the VWAP
methodology, NYSE not include any other exchange's closing transaction
in the calculation.\38\ According to the commenter, a five-minute VWAP
methodology should

result in a price that is largely tradable and achievable.\39\ However,
according to the commenter, if a VWAP used as the official closing
price included auction prints from other exchanges' closing
transactions, the ability to trade and achieve the official closing
price process would be reduced.\40\ The Exchanges have not amended the
proposals to exclude closing transactions from the VWAP calculation,
but have stated that they would consider whether to do so at a later
date.\41\
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    \38\ See SIFMA Letter, supra note 4, at 3.
    \39\ See id.
    \40\ See id.
    \41\ See NYSE Response Letter, supra note 6, at 2.
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IV. Discussion and Commission Findings

    After careful review of the proposals, as modified by the
respective Amendments No. 1, and of the comment letter, the Commission
finds that the proposed rule changes are consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\42\ In particular, the
Commission finds that the proposed rule changes are consistent with
section 6(b)(5) of the Act,\43\ which requires, among other things,
that the rules of a national securities exchange be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
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    \42\ In approving these proposed rule changes, the Commission
has considered the proposed rules' impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \43\ 15 U.S.C. 78f(b)(5).
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    The Commission believes that the proposed rule changes would
provide transparency regarding how the Exchanges would determine the
Official Closing Price in Exchange-listed securities when the Exchanges
are unable to conduct a closing transaction due to a systems or
technical issue. The Commission notes that the primary listing market's
closing price for a security is relied upon by market participants for
a variety of reasons, including, but not limited to, calculation of
index values, calculation of the net asset value of mutual funds and
exchange-traded products, and the price of derivatives that are based
on the security. As the Exchanges note, the proposed closing
contingency procedures would provide a pre-determined, consistent
solution that would result in the SIP disseminating an official closing
price for securities on behalf of the listing Exchange within a
reasonable time frame relative to the normal closing time; would
minimize the need for industry participants to modify their processing
of data from the SIP; and would provide advance notification of the
initiation of a closing contingency plan to provide sufficient time for
industry participants to route any closing interest to an alternate
venue to participate in that venue's closing auction.\44\ The
Commission believes that each Exchange's proposal is reasonably
designed to achieve these important goals and to prevent any issues
that may result if the Exchange were unable to provide a closing price
for its listed securities due to a systems or technical issue. For
these reasons, the Commission finds that the proposed rule change is
consistent with the Act.
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    \44\ See NYSE Notice, supra note 3, at 12978, 12980; NYSE MKT
Notice, supra note 3, at 12986, 12988-89.
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V. Solicitation of Comments on Amendment No. 1

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether each Exchange's
respective Amendment No. 1 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 Numbers SR-NYSE-2016-18 and SR-NYSEMKT-2016-31 on the subject
line.

Paper Comments

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

All submissions should refer to File Numbers SR-NYSE-2016-18 and SR-
NYSEMKT-2016-31. These file numbers should be included on the subject
line if email is used. To help the Commission process and review your
comments more efficiently, please use only one method. The Commission
will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent
amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
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; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Numbers SR-NYSE-2016-18 and SR-NYSEMKT-2016-31 and should be
submitted on or before July 5, 2016.

VI. Accelerated Approval of Proposed Rule Changes, as Modified by Their
Respective Amendments No. 1

    The Commission finds good cause to approve the proposed rule
changes, as modified by their respective Amendments No. 1, prior to the
30th day after the date of publication of the notices of each Amendment
No. 1 in the Federal Register. As noted above, in its respective
Amendment No. 1, each Exchange amended the proposed rule text to add
Rule 123C(1)(e)(iv), which provides that if the Exchange determines the
Official Closing Price under Rule 123C(1)(e)(ii) or (e)(iii), the
Exchange will publicly announce the manner by which it will determine
the Official Closing Price and the designated alternate exchange, if
applicable, and will cancel all open interest designated for the
Exchange close. As noted above, the Exchanges made these amendments in
response to comments received on the NYSE proposal.
    In addition, in its respective Amendment No. 1, each Exchange
amended its Rule 123C(1)(e)(i) to specify how it will determine the
Official Closing Price for a security that has transferred its listing
to the Exchange or that is a new listing and does not have any last-
sale-eligible trades on the Exchange on its first day of trading on the
Exchange. Specifically, for a security that has transferred its listing
to the Exchange and does not have any last-sale-eligible trades on the
Exchange on its first trading day, the Official Closing Price would be
the prior day's closing price disseminated by the

primary listing market that previously listed that security.\45\ For a
new listing that does not have any last-sale eligible trades on the
Exchange on its first trading day, the Official Closing Price would be
based on a derived last sale associated with the price of such security
before it begins trading.\46\ Each Exchange states that its Amendment
No. 1 is intended to provide increased transparency in the Exchange's
rules as to how the Exchange would determine the Official Closing Price
for such new or transferred listings.\47\
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    \45\ See Amendments No. 1.
    \46\ See id.
    \47\ See id.
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    Because each Amendment No. 1 responded to the comments received on
the original proposal, and provided additional transparency to the
operation of the closing contingency procedures for transferred and
newly listed securities, the Commission finds good cause for approving
the proposed rule changes, as modified by the respective Amendments No.
1, on an accelerated basis, pursuant to section 19(b)(2) of the
Act.\48\
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    \48\ 15 U.S.C. 78s(b)(2).
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VII. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\49\ that the proposed rule changes (SR-NYSE-2016-18 and SR-
NYSEMKT-2016-31), as modified by their respective Amendments No. 1, be,
and hereby are, approved on an accelerated basis.
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    \49\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\50\
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    \50\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-13964 Filed 6-13-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Rules and Regulations]
[Pages 31107-31108]
[FR Doc No: 2021-12274]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0113; Airspace Docket No. 21-AEA-2]
RIN 2120-AA66

Establishment of Class E Airspace; Doylestown, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Doylestown Airport, Doylestown, PA, to
accommodate area navigation (RNAV) global positioning system (GPS)
standard instrument approach procedures (SIAPs) serving this airport.
Controlled airspace is necessary for the safety and management of
instrument flight rules (IFR) operations in the area.

DATES: Effective 0901 UTC, August 12, 2021. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order 7400.11 and
publication of conforming amendments.

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

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue 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 establishes Class E airspace extending upward from 700 feet above
the surface at Doylestown Airport, Doylestown, PA, to support
instrument flight rule operations at this airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 13670, March 10, 2021) for Docket No. FAA-2021-0113 to
establish Class E airspace extending upward from 700 feet above the
surface at Doylestown Airport, Doylestown, PA, to accommodate area
navigation (RNAV) global positioning system (GPS) standard instrument
approach procedures (SIAPs) serving this airport.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in Paragraph 6005, of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

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

The Rule

    The FAA is amending 14 CFR part 71 by establishing Class E airspace
extending upward from 700 feet above the surface at Doylestown Airport,
Doylestown, PA, to accommodate area navigation (RNAV) global
positioning system (GPS) standard instrument approach procedures
(SIAPs) serving this airport. These changes are necessary for continued
safety and management of IFR operations in the area.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is minimal. Since this is a routine matter that only
affects air traffic procedures an air navigation, it is certified that
this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air)

Adoption of the Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

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

* * * * *

AEA PA E5 Doylestown, PA [New]

Doylestown Airport, PA
    (Lat. 40[deg]19'59'' N, long. 75[deg]07'20'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.6-mile radius of Doylestown Airport, and within 3.9 miles
each side of the 050[deg] bearing from the airport, extending from
the 7.6-mile radius to 13.8 miles northeast of the airport.

    Issued in College Park, Georgia, on June 7, 2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2021-12274 Filed 6-10-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 16 (Wednesday, January 25, 2023)]
[Notices]
[Pages 4838-4839]
[FR Doc No: 2023-01424]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below. The FIRM
and FIS report are the basis of the floodplain management measures that
a community is required either to adopt or to show evidence of having
in effect in order to qualify or remain qualified for participation in
the Federal Emergency Management Agency's (FEMA's) National Flood
Insurance Program (NFIP).

DATES: The date of June 7, 2023 has been established for the FIRM and,
where applicable, the supporting FIS report showing the new or modified
flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at https://msc.fema.gov by the date indicated above.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Insurance and Mitigation has resolved any
appeals resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
           Hampden County, Massachusetts (All Jurisdictions)
                         Docket No.: FEMA-B-2180
------------------------------------------------------------------------
Town of Brimfield......................  Building Department, 23 Main
                                          Street, Brimfield, MA 01010.
Town of Holland........................  Town Hall, 27 Sturbridge Road,
                                          Holland, MA 01521.
Town of Wales..........................  Town Hall, 3 Hollow Road,
                                          Wales, MA 01081.
------------------------------------------------------------------------
             Leelanau County, Michigan (All Jurisdictions)
                         Docket No.: FEMA-B-2170
------------------------------------------------------------------------
Charter Township of Elmwood............  Elmwood Township Hall, 10090
                                          East Lincoln Road, Traverse
                                          City, Michigan 49684.
City of Traverse City..................  Governmental Center, 400
                                          Boardman Avenue, Traverse
                                          City, Michigan, 49684.
Grand Traverse Band of Ottawa and        Grand Traverse Band of Ottawa &
 Chippewa Indians.                        Chippewa Indians Tribal
                                          Government, 2605 North West
                                          Bay Shore Drive,
                                          Peshawbestown, Michigan 49682.
Township of Bingham....................  Bingham Township Office, 7171
                                          South Center Highway, Traverse
                                          City, Michigan 49684.
Township of Centerville................  Centerville Township Hall, 5001
                                          South French Road, Cedar,
                                          Michigan 49621.
Township of Cleveland..................  Cleveland Township Hall, 955
                                          East Harbor Highway, Maple
                                          City, Michigan 49664.
Township of Empire.....................  Empire Township Hall, 10088
                                          West Front Street, Empire,
                                          Michigan 49630.
Township of Glen Arbor.................  Township Hall, 6394 West
                                          Western Avenue, Glen Arbor,
                                          Michigan 49636.
Township of Leelanau...................  Leelenau Township Hall, 119
                                          East Naganoba Street,
                                          Northport, Michigan 49670.
Township of Leland.....................  Leland Township Office, 224
                                          West Main Street, Lake
                                          Leelanau, Michigan 49653.
Township of Suttons Bay................  Township Office, 95 West Fourth
                                          Street, Suttons Bay, Michigan
                                          49682.
Village of Empire......................  Village Hall, 11518 South
                                          LaCore Street, Empire,
                                          Michigan 49630.
Village of Northport...................  Village Office, 116 West
                                          Naganoba Street, Northport,
                                          Michigan 49670.
Village of Suttons Bay.................  Village Office, 420 North Front
                                          Street, Suttons Bay, Michigan
                                          49682.
------------------------------------------------------------------------
              Hamilton County, Ohio and Incorporated Areas
                         Docket No.: FEMA-B-2168
------------------------------------------------------------------------
City of Blue Ash.......................  City Hall, 4343 Cooper Road,
                                          Blue Ash, OH 45242.
City of Cincinnati.....................  City Hall, 801 Plum Street,
                                          Cincinnati, OH 45202.
City of Loveland.......................  City Hall, 120 West Loveland
                                          Avenue, Loveland, OH 45140.
City of Madeira........................  City Hall, 7141 Miami Avenue,
                                          Madeira, OH 45243.
City of Montgomery.....................  City Hall, 10101 Montgomery
                                          Road, Montgomery, OH 45242.
City of The Village of Indian Hill.....  Indian Hill Village Hall, 6525
                                          Drake Road, Cincinnati, OH
                                          45243.
Unincorporated Areas of Hamilton County  Hamilton County Department of
                                          Public Works, 138 East Court
                                          Street, Room 800, Cincinnati,
                                          OH 45202.
Village of Fairfax.....................  Municipal Building, 5903
                                          Hawthorne Avenue, Fairfax, OH
                                          45227.
Village of Mariemont...................  Municipal Building, 6907
                                          Wooster Pike, Mariemont, OH
                                          45227.
Village of Newtown.....................  Village Office--Municipal
                                          Center, 3537 Church Street,
                                          Newtown, OH 45244.
Village of Terrace Park................  Community Building, 428 Elm
                                          Avenue, Terrace Park, OH
                                          45174.
------------------------------------------------------------------------

[FR Doc. 2023-01424 Filed 1-24-23; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Rules and Regulations]
[Page 29072]
[FR Doc No: 2019-13267]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0512]

Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone--Chicago Air and Water Show

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce a safety zone for the Chicago Air
and Water Show on a portion of Lake Michigan, from August 15, 2019
through August 18, 2019. This action is intended to protect the safety
of life on the navigable waterway immediately before, during, and after
this event. During the enforcement period listed below, no vessel may
transit this safety zone without approval from the Captain of the Port,
Lake Michigan or a designated representative.

DATES: The regulations in 33 CFR 165.929 will be enforced for the
location listed in item (f)(9), Table 165.929 from 9 a.m. through 4
p.m. on August 15, 2019; and from 8:30 a.m. through 5 p.m. from August
16, 2019 through August 18, 2019.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT John Ramos, Waterways
Management Division, Marine Safety Unit Chicago, at<PHONE_NUMBER>, email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zone; Chicago Air and Water Show listed as item (f)(9) in Table 165.929
of 33 CFR 165.929. Section 165.929 lists many annual events requiring
safety zones in the Captain of the Port, Lake Michigan zone. This
safety zone encompasses all waters and adjacent shoreline of Lake
Michigan and Chicago Harbor bounded by a line drawn from 41[deg]55.900'
N at the shoreline, then east to 41[deg]55.900' N, 087[deg]37.200' W,
then southeast to 41[deg]54.000' N, 087[deg]36.000' W, then
southwestward to the northeast corner of the Jardine Water Filtration
Plant, then due west to the shore. This safety zone will be enforced
from 9 a.m. through 4 p.m. on August 15, 2019; and from 8:30 a.m.
through 5 p.m. from August 16, 2019 through August 18, 2019.
    All vessels must obtain permission from the Captain of the Port,
Lake Michigan, or his or her designated on-scene representative to
enter, move within, or exit this safety zone during the enforcement
times listed in this notice of enforcement. Requests must be made in
advance and approved by the Captain of the Port before transits will be
authorized. Approvals will be granted on a case-by-case basis. Vessels
and persons granted permission to enter the safety zone shall obey all
lawful orders or directions of the Captain of the Port, Lake Michigan,
or a designated on-scene representative.
    This notice of enforcement is issued under authority of 33 CFR
165.929, Safety Zones; Annual events requiring safety zones in the
Captain of the Port, Lake Michigan zone, and 5 U.S.C. 552(a). In
addition to this publication in the Federal Register, the Coast Guard
will provide the maritime community with advance notification of this
enforcement period via Broadcast Notice to Mariners and Local Notice to
Mariners. The Captain of the Port, Lake Michigan or a designated on-
scene representative may be contacted via VHF Channel 16 or (414) 747-
7182.

    Dated: June 14, 2019.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2019-13267 Filed 6-20-19; 8:45 am]
 BILLING CODE 9110-04-P