Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as a 2 pack a day regular cigarette smoker the e-cig has allowed me to drop to about a half a pack a day if you take away the e cig what will that cause, me to up my smoking of regular cigarettes which is bad for my health where as e-cigs are better for my health. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


   1. Standard Interpretations

   2. Labeling of small containers in the laboratory
   # --------------------------------------------------------------------------------
Standard Number:
--------------------------------------------------------------------------------
1910.1200(f)(6)
--------------------------------------------------------------------------------
1910.1200(f)(6)(i)
--------------------------------------------------------------------------------
1910.1200(f)(6)(ii)
--------------------------------------------------------------------------------
1910.1450(e)
--------------------------------------------------------------------------------
1910.1450(h)(1)
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
September 3, 2015
Mr. Sumit K. Ghosh
Motorola Mobility, LLC
222 Merchandise Mart Plaza, Suite 1800
Chicago, Illinois 60654
Dear Mr. Ghosh:
Thank you for your April 27, 2015, letter to the Occupational Safety and Health Administration (OSHA) Directorate of Enforcement Programs, and subsequent telephone conversation with a member of my staff. Your letter requested clarification of OSHA's Hazard Communication standard (HCS 2012), 29 CFR 1910.1200, with regard to labeling of small containers in the workplace. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to issues not delineated within your original correspondence. Your paraphrased question and our response are below.
Scenario: Your company is not a manufacturer, importer, or distributor of hazardous chemicals. Hazardous chemicals are used in your company's lab and facility. The lab you've described supports production as well as research and development. Different sizes of containers of hazardous chemicals are used. The larger 16-ounce bottles of hazardous chemicals are dispensed into four 4-ounce bottles. The primary bottles are properly labeled; however, you state that due to the small size of the 4-ounce bottles, applying all of the HCS 2012 information is impossible.
Question: What is a reasonable solution for labeling the small 4-ounce bottles of hazardous chemicals?
Response: OSHA's Laboratory standard, 29 CFR 1910.1450, covers laboratories meeting the criteria of "laboratory use" and "laboratory scale" but excludes procedures that are part of a production process. See 1910.1450(b) (definition of "Laboratory use of hazardous chemicals). Research and academic laboratories meeting these criteria are covered by the Laboratory standard and are not covered under the HCS 2012.
The Laboratory standard requires that labels on incoming containers of hazardous chemicals not be removed or defaced, per paragraph 1910.1450(h)(1)(i), but does not have a specific labeling requirement for secondary containers of hazardous chemicals in a covered laboratory. The Laboratory standard allows laboratories flexibility in tailoring their written Chemical Hygiene Plan (CHP) and standard operating procedures to be protective of employees in laboratories. See 29 CFR 1910.1450(e). In addition, 1910.1450(f)(4), Training, requires the employer to train employees regarding the physical and health hazards of chemicals in the work area, the measures employees can take to protect themselves from these hazards, and the employer's CHP.
On January 22, 2013, OSHA published an updated Appendix A (non-mandatory) to 1910.1450 to assist employers in developing an appropriate CHP. The non-mandatory recommendations were based on the National Research Council's (NRC) 2011 edition of "Prudent Practices in the Laboratory: Handling and Management of Chemical Hazards," and include recommendations for labeling secondary containers. Appendix A to 1910.1450 can be found on OSHA's website at http://www.osha.gov.
If your facility or a non-laboratory portion of your facility is not covered by the Laboratory standard, the HCS 2012 paragraph 1910.1200(f)(6), Workplace labeling, provides employers with flexibility when labeling hazardous chemicals in the workplace. Employers can provide either all of the required information that is on the label from the chemical manufacturer or the product identifier and words, pictures, symbols or a combination thereof, which in combination with other information immediately available to employees, provide specific information regarding the hazards of the chemicals. See 1910.1200(f)(6)(i) and (ii). In addition, employers are required to train their employees on workplace labeling systems as well as labels received on shipped containers which comply with the HCS 2012 per paragraph 1910.1200(h)(3)(iv).
Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
If you have any further questions, please feel free to contact the Office of Health Enforcement at<PHONE_NUMBER>.
Sincerely,
Thomas Galassi, Director
Directorate of Enforcement Programs


[Federal Register: June 4, 2009 (Volume 74, Number 106)]
[Notices]
[Page 26852]
[DOCID:fr04jn09-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-1182-000]

NaturEner Montana Wind Energy 2, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

May 28, 2009.
    This is a supplemental notice in the above-referenced proceeding of
NaturEner Montana Wind Energy 2, LLC's application for market-based
rate authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 18, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-13004 Filed 6-3-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21214-21216]
[FR Doc No: 2023-07413]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97250; File No. SR-DTC-2023-004]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Make Administrative Updates to DTC's Rules, Organization
Certificate, and Certain Service Guides

April 4, 2023.
    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 March 28, 2023, The Depository Trust Company (``DTC'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II and III below, which Items have
been prepared by the clearing agency. DTC filed the proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(3) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change \5\ would (i) update the Rules to reflect
the change in address of DTC's principal office from 55 Water Street,
New York, NY 10041 (``55 Water'') to 140 58th Street, Brooklyn, NY
11220 (``140 Brooklyn'') in DTC's Organization Certificate; (ii) update
Rule 2 to remove a reference to 55 Water and provide an email address
for Participants and Pledgees to send a copy of any notices to DTC;
(iii) update the Important Legal Information disclaimers of DTC's
ClaimConnect\TM\ Service Guide, Custody Service Guide, Deposits Service
Guide, and Settlement Service Guide to provide more appropriate URL
addresses and remove references to DTCC Learning that are no longer
applicable, and in the ClaimConnect Service Guide and Settlement
Service Guide, delete an errant copyright mark at the end of the DTCC
Learning reference; (iv) update DTC's Distributions Service Guide to
correct a technical error in an address provided; and (v) update DTC's
Deposits Service Guide to change the mailing address for assignments to
Cede & Co. from Box 20, Bowling Green Station, New York, NY 10274
(``Bowling Green'') to 570 Washington Blvd., Jersey City, NJ 07310
(``570 Washington''), as described in greater detail below.
---------------------------------------------------------------------------

    \5\ Each capitalized term not otherwise defined herein has its
respective meaning as set forth in the Rules, By-Laws and
Organization Certificate of DTC (the ``Rules''), ClaimConnect\TM\
Service Guide, Custody Service Guide, Deposits Service Guide,
Distributions Service Guide, and Settlement Service Guide, as
applicable, available at http://www.dtcc.com/legal/rules-and-procedures.aspx.
---------------------------------------------------------------------------

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, the clearing agency 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 clearing agency has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    The proposed rule change would (i) update the Rules to reflect the
change in address of DTC's principal office from 55 Water to 140
Brooklyn in DTC's Organization Certificate; (ii) update Rule 2 to
remove a reference to 55 Water and provide an email address for
Participants and Pledgees to send a copy of any notices to DTC; (iii)
update the Important Legal Information disclaimers of DTC's
ClaimConnect\TM\ Service Guide, Custody Service Guide, Deposits Service
Guide, and Settlement Service Guide to provide more appropriate URL
addresses and remove references to DTCC Learning that are no longer
applicable, and in the ClaimConnect Service Guide and Settlement
Service Guide, delete an errant copyright mark at the end of the DTCC
Learning reference; (iv) update DTC's Distributions Service Guide to
correct a technical error in an address provided; and (v) update DTC's
Deposits Service Guide to change the mailing address for assignments to
Cede & Co. from Bowling Green to 570 Washington, as described in
greater detail below.

Proposed Updates to the Rules
Organization Certificate
    DTC proposes to update its Organization Certificate, which
currently states that DTC's principal office is located at 55 Water.
DTC is vacating 55 Water and relocating its principal office to 140
Brooklyn. As such, DTC would update its Organization Certificate to
state 140 Brooklyn as the location of its new principal office.
Rule 2
    DTC proposes to revise Section 4 of Rule 2 (Participants and
Pledgees), which currently provides that any notice from a Participant
or Pledgee to DTC, including any notice under any agreement between DTC
and a Participant or Pledgee, shall be sufficiently served on DTC if
the notice is in writing and delivered or mailed to DTC at 55 Water.
DTC would update this provision by replacing 55 Water with ``its
principal office,'' and adding an email address for sending a copy of
notices to DTC's General Counsel's Office.
Proposed Updates to DTC Service Guides
ClaimConnect Service Guide, Custody Service Guide, Deposits Service
Guide, and Settlement Service Guide
    Currently, the Important Legal Information disclaimers at the
beginning of the ClaimConnect Service Guide, Custody Service Guide,
Deposit Service Guide, and Settlement Service Guide each provide, inter
alia, information about where to access the applicable service guide
(as well as DTC's other service guides) and DTC Important Notices.
Those disclaimers also state that inquiries about DTC's service guides
should be directed to DTCC Learning at 55 Water and provide a specific
email address.
    The proposed rule change would update the Important Legal
Information disclaimers of each of those four service guides to provide
more appropriate URL addresses for accessing the DTC service guides and
Important Notices, and to remove references to contacting DTCC Learning
because DTCC Learning is no longer a central resource for fielding
general inquiries regarding the service guides themselves. Rather,
inquiries regarding the services covered in the guides should be
directed to the appropriate resources for the related services, as
already identified throughout the service guides.
    Additionally, in the ClaimConnect Service Guide and Settlement
Service Guide, an errant copyright mark at the end of the DTCC Learning
reference in the Important Legal Information disclaimer would be
deleted.
Distributions Service Guide
    Currently, the DTC Distributions Service Guide lists the address of
DTC's Central Delivery Department as 570 Washington Street, Jersey
City, NJ (emphasis added). However, ``Street'' is incorrect--it should
be ``Boulevard.'' As such, the proposed rule change would update the
address from ``Street'' to ``Blvd.'' and add the corresponding zip code
of 07310.
Deposits Service Guide
    Currently, the DTC Deposits Service Guide lists the address for
assignments to Cede & Co. as Bowling Green. The proposed rule change
would update the address from Bowling Green to 570 Washington.
2. Statutory Basis
    Section 17A(b)(3)(F) of the Act requires that the rules of the
clearing agency be designed, inter alia, to promote the prompt and
accurate clearance and settlement of securities transactions.\6\ DTC
believes the proposed rule change is consistent with the Section
17A(b)(3)(F) of the Act.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    As described above, the proposed rule change would (i) update DTC's
Organization Certificate to reflect the new location of DTC's principal
office; (ii) update Rule 2 to remove a reference to 55 Water and to add
an email address for sending copies of notices to DTC's General
Counsel's Office; (iii) update the Important Legal Information
disclaimers of the ClaimConnect Service Guide, Custody Service Guide,
Deposits Service Guide, and Settlement Service Guide to provide more
appropriate URL addresses for accessing DTC's service guides and
Important Notices, and remove obsolete references to DTCC Learning, and
in the ClaimConnect Service Guide and Settlement Service Guide, delete
an errant copyright mark at the end of the DTCC Learning reference;
(iv) update the Distributions Service Guide to make a technical
correction to an address provided; and (v) update the Deposits Service
Guide to provide the updated mailing address for assignments to Cede &
Co.
    Each of these proposed changes is intended to provide users of
DTC's services with more current and accurate information, thus
enabling users to be better informed on how and where they should
engage DTC regarding their use of DTC services for securities
transactions. Therefore, DTC believes that the proposed rule change
would help promote the prompt and accurate clearance and settlement of
securities transactions, consistent with the requirements of the Act,
in particular Section 17A(b)(3)(F) of the Act, cited above.

(B) Clearing Agency's Statement on Burden on Competition

    DTC does not believe that the proposed rule change would have any
impact or impose any burden on competition because, as described above,
the proposed rule change simply updates certain contact and reference
information and makes technical corrections, none of which should have
any competitive impact on Participants or their use of DTC services.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    DTC has not received or solicited any written comments relating to
this proposal. If any written comments are received, DTC will amend
this filing to publicly file such comments as an Exhibit 2 to this
filing, as required by Form 19b-4 and the General Instructions thereto.
    Persons submitting written comments are cautioned that, according
to Section IV (Solicitation of Comments) of the Exhibit 1A in the
General Instructions to Form 19b-4, the Commission does not edit
personal identifying information from comment submissions. Commenters
should submit only information that they wish to make available
publicly, including their name, email address, and any other
identifying information.
    All prospective commenters should follow the Commission's
instructions on How to Submit Comments, available at https://www.sec.gov/regulatory-actions/how-to-submit-comments. General
questions regarding the rule filing process or logistical questions
regarding this filing should be directed to the Main Office of the
Commission's Division of Trading and Markets at
[email protected] or<PHONE_NUMBER>.
    DTC reserves the right to not respond to any comments received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \7\ of the Act and paragraph

(f) \8\ of Rule 19b-4 thereunder. 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-DTC-2023-004 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2023-004. 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 DTC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx). 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-DTC-2023-004 and should be submitted on
or before May 1, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-07413 Filed 4-7-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
[Notices]
[Pages 11115-11117]
[FR Doc No: 2020-03787]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0021]

Cranes and Derricks in Construction; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements contained in the Cranes and
Derricks in Construction Standard.

DATES: Comments must be submitted (postmarked, sent, or received) by
April 27, 2020.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2013-0021,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the OSHA Docket Office's normal business hours, 10:00
a.m. to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2013-0021) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, such as social security numbers and dates of birth, are placed
in the public docket without change, and may be made available online
at http://www.regulations.gov. For further information on submitting
comments, see the ``Public Participation'' heading in the section of
this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
(202) 693-2222 to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance process to provide the public with an opportunity to
comment on proposed and continuing information collection requirements
in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)). This program ensures that information is in the desired
format, the reporting burden (time and costs) is minimal, the
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as necessary or appropriate for
enforcement of the OSH Act, or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act also requires OSHA to obtain
such information with a minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of effort in obtaining said
information (29 U.S.C. 657).
    The Cranes and Derricks standard's information collection
requirements impose a duty on employers to produce and maintain records
that implement controls and take other measures to protect workers from
hazards related to cranes and derricks used in construction.
Accordingly, construction businesses with workers who operate or work
in the vicinity of cranes and derricks must have, as applicable, the
following documents on file and available at the jobsite: Operator
certifications, equipment ratings, employee training records, written
authorizations from qualified individuals, and program qualification
audits.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply--
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    The agency requests an overall adjustment burden hour increase of
15,750 hours (from 382,750 to 398,500 hours) and $156,112 in capital
(operation and maintenance) costs (from $2,286,501 to $2,442,613). The
burden hour increase is a result of both the agency's use of a
different rounding methodology for calculating average burden hours,
and the incorporation of previously-approved burden hours under OMB
control number 1218-0270. For the same reason, and also due to
inflation, the agency requests an adjustment increase in capital
(operation and maintenance) costs.
    Operator Qualification Final Rule (Non-Material Change)--A portion
of the burden hour increase is an increase of 6,130 burden hours due to
the incorporation of burden hours previously approved by OMB under OMB
Control Number 1218-0270. This aspect of the ICR constitutes a non-
material change as the collection of information associated with 29 CFR
1926.1427 remains the same as approved. For the same reason, a portion
of the capital cost adjustment is due to the incorporation of a $571
decrease in costs previously approved by OMB under OMB Control Number
1218-0270. Under the currently approved OMB Control Number 1218-0261,
the annual capital costs associated with 29 CFR 1926.1427 total $655.
The final crane operator qualification final rule approved under OMB
Control Number 1218-0270 estimates these costs be $84. This results in
a net decrease for this ICR of $571.
    Type of Review: Extension of a currently approved collection.
    Title: Cranes and Derricks in Construction (29 CFR 1926, subpart
CC).
    OMB Control Number: 1218-0261.
    Affected Public: Business or other for-profits.
    Number of Respondents: 212,625.
    Frequency: Annually; On occasion.
    Average Time per Response: Various.
    Estimated Number of Responses: 2,750,968.
    Estimated Total Burden Hours: 398,500.
    Estimated Cost (Operation and Maintenance): $2,442,613.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number (Docket No. OSHA-2013-0021) for the ICR. You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify electronic comments by
your name, date, and the docket number so that the agency can attach
them to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>; TTY<PHONE_NUMBER>.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available through the website, and for assistance in using the internet
to locate docket submissions.

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on February 18, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-03787 Filed 2-25-20; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Page 70222]
[FR Doc No: 2020-24372]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Permanent Closure

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration received written notice
from the Alaska Department of Transportation (AKDOT) advising that
infrastructure associated with Juneau, Alaska Seaplane Base (5Z1) in
Harris Harbor was permanently removed and that 5Z1 is permanently
closed.

DATES: The permanent closure of the seaplane base is retroactively
effective.

FOR FURTHER INFORMATION CONTACT: Molly Fierro, Compliance Manager,
Federal Aviation Administration, Alaskan Region Airports District
Office, 222 W 7th Avenue, Anchorage, AK 99513. Telephone Number: (907)
271-5439/FAX Number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Ownership of infrastructure associated with
5Z1 (Harris Harbor) was transferred to the City of Borough of Juneau
(CBJ) in 2003. As the docks were no longer being utilized, the CBJ
removed the infrastructure in September of 2020. The FAA hereby
retroactively publishes the AKDOTs and CBJs notice of permanent closure
of the Juneau Seaplane Base in Harris Harbor (5Z1) in accordance with
49 U.S.C 46319(b).

    Issued in Anchorage, Alaska.
Kristi A. Warden,
Director, Airports Division, FAA, Alaskan Region.
[FR Doc. 2020-24372 Filed 11-3-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Notices]
[Pages 41842-41845]
[FR Doc No: 2012-17200]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67382; File No. SR-BYX-2012-012]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing of Proposed Rule Change, as Modified by Amendment No. 1, To
Adopt a New Market Maker Peg Order Available to Exchange Market Makers

July 10, 2012.
    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 June 26, 2012, BATS Y-Exchange, Inc. (``Exchange'' or ``BYX'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items II and III below, which
Items have been prepared by the Exchange. On July 6, 2012, the Exchange
submitted Amendment No. 1 to the proposed rule change. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to adopt a new Market Maker Peg Order to
provide similar functionality as the automated functionality provided
to market makers under Rule 11.8(e).
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 parts of such
statements.

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

1. Purpose
    The Exchange is proposing to adopt a new Market Maker Peg Order to
provide similar functionality presently available to Exchange market
makers under Rule 11.8(e). The Exchange will continue to offer the
present automated functionality provided to market makers under Rule
11.8(e) for a period of three months after the adoption of the proposed
Market Maker Peg Order. The purpose of this transition period, during
which both the present automated system functionality under Rule
11.8(e) and the Market Maker Peg Order will operate concurrently, is to
afford market makers with the opportunity to gradually migrate away
from the present automated system functionality under Rule 11.8(e).
Prior to the end of this three month period, the Exchange will submit a
rule filing to retire the automated system functionality under Rule
11.8(e).
    BYX adopted Rule 11.8(e) as part of an effort to address issues
uncovered by the aberrant trading that occurred on May 6, 2010.\3\ The
market maker quoter functionality offered by this rule is designed to
help Exchange market makers meet the enhanced market maker obligations
adopted post May 6, 2010,\4\ and avoid execution of market maker ``stub
quotes'' in instances of aberrant trading.\5\ As part of these enhanced
obligations, the Exchange requires market makers for each stock in
which they are registered to continuously maintain a two-sided
quotation within a designated percentage of the National Best Bid and
National Best Offer,\6\ as appropriate. Although the market maker
quoter has been successful in allowing Exchange market makers to meet
their enhanced obligations and in avoiding the deleterious effect on
the markets caused by ``stub quote'' executions, the market maker
quoter presents difficulties to market makers in meeting their
obligations under Rule 15c3-5 under the Act (the ``Market Access
Rule'') \7\ and Regulation SHO.\8\
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    \3\ Securities Exchange Act Release No. 63342 (November 18,
2010), 75 FR 71768 (November 24, 2010) (SR-BYX-2010-001).
    \4\ Id.
    \5\ For each issue in which a market maker is registered, the
market maker quoter functionality optionally creates a quotation for
display to comply with market making obligations. Compliant
displayed quotations are thereafter allowed to rest and are not
adjusted unless the relationship between the quotation and its
related national best bid or national best offer, as appropriate,
either: (a) Shrinks to a specified number of percentage points away
from the Designated Percentage toward the then current national best
bid or national best offer, which number of percentage points will
be determined and published in a circular distributed to Members
from time to time, or (b) expands to within 0.5% of the applicable
percentage necessary to trigger an individual stock trading pause,
whereupon such bid or offer will be cancelled and re-entered at the
Designated Percentage away from the then current national best bid
and national best offer, or if no national best bid or national best
offer, at the Designated Percentage away from the last reported sale
from the responsible single plan processor. Quotations independently
entered by market makers are allowed to move freely toward the
national best bid or national best offer, as appropriate, for
potential execution. In the event of an execution against a quote
generated pursuant to the market maker quoter functionality, the
market maker's quote is refreshed on the executed side of the market
at the applicable Designated Percentage away from the then national
best bid (offer), or if no national best bid (offer), the last
reported sale. See Rule 11.8(e).
    \6\ As defined by Regulation NMS Rule 600(b)(42). 17 CFR
242.600.
    \7\ 17 CFR 240.15c3-5.
    \8\ 17 CFR 242.200 through 204.
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    The Market Access Rule requires a broker-dealer with market access,
or that provides a customer or any other person with access to an
exchange or alternative trading system through use of its market
participant identifier or otherwise, to establish, document, and
maintain a system of risk management controls and supervisory
procedures reasonably designed to manage the financial, regulatory, and
other risks of this business activity. These controls must be
reasonably designed to ensure compliance with all regulatory
requirements, which are defined as ``all federal securities laws, rules
and regulations, and rules of self-regulatory organizations, that are
applicable in connection with market access.'' \9\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.15c3-5.
---------------------------------------------------------------------------

    In addition to the obligations of the Market Access Rule, broker-
dealers have independent obligations that arise under Regulation SHO.
Regulation SHO obligations generally include properly marking sell
orders, obtaining a ``locate'' for short sale orders, closing out fail
to deliver positions, and, where applicable, complying with the short
sale price test.\10\ While there are certain exceptions to some of the
requirements of Regulation SHO where a market maker is engaged in bona-
fide market making activities,\11\ the availability of

those exceptions is distinct and independent from whether a market
maker submits an order that is a Market Maker Peg Order.
---------------------------------------------------------------------------

    \10\ Supra note 8.
    \11\ See 17 CFR 242.203(b)(1). The Commission adopted a narrow
exception to Regulation SHO's ``locate'' requirement for market
makers that may need to facilitate customer orders in a fast moving
market without possible delays associated with complying with such
requirement. Only market makers engaged in bona fide market making
in the security at the time they effect the short sale are excepted
from the ``locate'' requirement. See Exchange Act Release No. 50103
(July 28, 2004), 69 FR 48008, 48015 (August 6, 2004) (providing
guidance as to what does not constitute bona-fide market making for
purposes of claiming the exception to Regulation SHO's ``locate''
requirement). See also Exchange Act Release No. 58775 (October 14,
2008), 73 FR 61690, 61698-9 (October 17, 2008) (providing guidance
regarding what is bona-fide market making for purposes of complying
with the market maker exception to Regulation SHO's ``locate''
requirement including without limitation whether the market maker
incurs any economic or market risk with respect to the securities,
continuous quotations that are at or near the market on both sides
and that are communicated and represented in a way that makes them
widely accessible to investors and other broker-dealers and a
pattern of trading that includes both purchases and sales in roughly
comparable amounts to provide liquidity to customers or other
broker-dealers). Thus, market makers would not be able to rely
solely on quotations priced in accordance with the Designated
Percentages under proposed Rule 11.9(c)(14) [sic] or the market
maker quoter functionality under Rule 11.8(e) for eligibility for
the bona-fide market making exception to the ``locate'' requirement
based on the criteria set forth by the Commission. It should also be
noted that a determination of bona-fide market making is relevant
for the purposes of a broker-dealer's close-out obligations under
Rule 204 of Regulation SHO. See 17 CFR 242.204(a)(3).
---------------------------------------------------------------------------

    The current market maker quoter functionality offered to market
makers reprices and ``refreshes'' a market maker's quote when it is
executed against, without any action required by the market maker. When
a market maker's quote is refreshed by the Exchange, however, the
market maker has an obligation to ensure that the requirements of the
Market Access Rule and Regulation SHO are met. To meet these
obligations, a market maker must actively monitor the status of its
quotes and ensure that the requirements of the Market Access Rule and
Regulation SHO are being satisfied.
Market Maker Peg Order
    In an effort to simplify market maker compliance with the
requirements of the Market Access Rule and Regulation SHO, the Exchange
is proposing to adopt a new order type available only to Exchange
market makers, which offers functionality similar to the market maker
quoter functionality, but also allows a market maker to comply with the
regulatory requirements of the Market Access Rule and Regulation SHO.
Specifically, the Exchange is proposing to replace the market maker
quoter functionality with the Market Maker Peg Order. The Market Maker
Peg Order would be a one-sided limit order and similar to other peg
orders available to market participants in that the order is tied or
``pegged'' to a certain price,\12\ but it would not be eligible for
routing pursuant to Rule 11.13(a)(2) and would always be displayed. The
Market Maker Peg Order would be limited to market makers and would have
its price automatically set and adjusted, both upon entry and any time
thereafter, in order to comply with the Exchange's rules regarding
market maker quotation requirements and obligations.\13\ It is expected
that market makers will perform the necessary checks to comply with
Regulation SHO, as discussed above, prior to entry of a Market Maker
Peg Order. Upon entry and at any time the order exceeds either the
Defined Limit, as described in Rule 11.8(d)(2)(E), or moves a specified
number of percentage points away from the Designated Percentage toward
the then current National Best Bid or National Best Offer, the Market
Maker Peg Order would be priced by the Exchange at the Designated
Percentage \14\ away from the then current National Best Bid and
National Best Offer. Where there is no National Best Bid or National
Best Offer, the Market Maker Peg Order would, by default, be priced at
the Designated Percentage away from the last reported sale from the
responsible single plan processor, unless instructed by the market
maker upon entry to cancel or reject where there is no NBB or NBO. In
the absence of a National Best Bid or National Best Offer and last
reported sale, the order will be cancelled or rejected. Adjustment to
the Designated Percentage is designed to avoid an execution against a
Market Maker Peg Order that would initiate an individual stock trading
pause. In the event of an execution against a Market Maker Peg Order
that reduces the size of the Market Maker Peg Order below one round
lot, the market maker would need to enter a new order, after performing
the regulatory checks discussed above, to satisfy their obligations
under Rule 11.8.\15\ In the event that pricing the Market Maker Peg
Order at the Designated Percentage away from the then current National
Best Bid and National Best Offer, or, if no National Best Bid or
National Best Offer, to the Designated Percentage away from the last
reported sale from the responsible single plan processor would result
in the order exceeding its limit price, the order will be cancelled or
rejected.
---------------------------------------------------------------------------

    \12\ Rule 11.9(c)(8).
    \13\ The Market Maker Peg Order is one-sided so that a market
maker seeking to use Market Maker Peg Orders to comply with the
Exchange's rules regarding market maker quotation requirements would
need to submit both a bid and an offer using the order type.
    \14\ The Designated Percentage is the individual stock pause
trigger percentage listed in Interpretations and Policies .01 to
Rule 11.8, less either: (i) two percentage points for securities
that are included in the S&P 500[supreg] Index, Russell 1000[supreg]
Index, and a pilot list of Exchange Traded Products and for all
other NMS stocks with a price equal to or greater than $1 per share;
or (ii) twenty percentage points for all NMS stocks with a price
less than $1 per share that are not included in the S&P 500[supreg]
Index, Russell 1000[supreg] Index, and a pilot list of Exchange
Traded Products. See Rule 11.8(d)(2)(D).
    \15\ Rule 11.8 generally sets forth the Exchange's market maker
requirements, which include quotation and pricing obligations.
---------------------------------------------------------------------------

    The Exchange is also proposing to allow a market maker to designate
an offset more aggressive (i.e., smaller) than the Designated
Percentage for any given Market Maker Peg Order. This functionality
will allow a market maker to quote at price levels that are closer to
the National Best Bid and National Best Offer if it elects to do so. To
use this functionality, upon entry, a market maker must designate the
desired offset and a percentage away from the NBB or NBO at which the
price of such bid or offer will be adjusted back to the desired offset
(the ``Reprice Percentage'').\16\ Thereafter,\17\ a Market Maker Peg
Order with a market maker-designated offset will have its price
automatically adjusted to the market maker-designated offset from the
National Best Bid or National Best Offer or last reported sale upon
reaching the Reprice Percentage.\18\ Identical to the behavior of
Market Maker Peg Orders using the Defined Percentage and Defined Limit,
in the absence of a National Best Bid or National Best Offer, Market
Maker Peg Orders with a market maker-designated offset will, by
default, have their price adjusted to the Market Maker-designated
offset from the price of the last reported sale from the responsible
single plan processor, or, if otherwise instructed by the Market Maker,
will be cancelled or rejected. In the absence of a National Best Bid or
National Best Offer and a last reported sale, a Market Maker Peg Order
will be cancelled or rejected. In the event that pricing the Market
Maker Peg Order at the market maker-designated offset away from the
then current National Best Bid or National Best Offer or last reported
sale would result in the order exceeding its limit price, the order
will be cancelled or rejected.
---------------------------------------------------------------------------

    \16\ If a market maker wishes, it can designate a more
aggressive bid while using the Defined Percentage and Defined Limit
for its offer, or vice versa.
    \17\ In the absence of an offset designation and/or Reprice
Percentage, a Market Maker Peg Order will default to using the
Defined Percentage and Defined Limit, and the repricing process
whereby, upon reaching the Defined Limit, the price of a Market
Maker Peg Order bid or offer will be adjusted by the System to the
Designated Percentage away from the then current National Best Bid
or National Best Offer, or, if no National Best Bid or National Best
Offer, to the Designated Percentage away from the last reported sale
from the responsible single plan processor.
    \18\ Market Maker Peg Orders with a market maker-designated
offset may be able to qualify as bon-fide [sic] market making for
purposes of Regulation SHO, depending on the facts and
circumstances. A market maker entering such an order must consider
the factors set forth by the Commission in determining whether
reliance on the exceptions from the ``locate'' requirement of Rule
203 for bona-fide market making is appropriate with respect to the
particular Market Maker Peg Order and its designated offset. See
supra note 11.
---------------------------------------------------------------------------

    The Market Maker Peg Order will be accepted during Regular Trading
Hours and the Pre-Opening and After Hours Trading Sessions. By default,
the Market Maker Peg Order will be priced at 9:30 a.m. and will only be
executable during Regular Trading Hours, however, upon entry, a User
may direct the Exchange to automatically price and execute a Market
Maker Peg Order during the Pre-

Opening Session \19\ and After Hours Trading Session (``Extended Hours
Market Maker Peg Orders'').\20\ During the Pre-Opening Session and
After Hours Trading Session, the wider Designated Percentage and
Defined Limit associated with the 9:30 a.m.-9:45 a.m. and 3:35 p.m.-4
p.m. periods under Rule 11.8(e) will be applied to Extended Hours
Market Maker Peg Orders for which the market maker has not designated
an offset more aggressive than the Designated Percentage.
---------------------------------------------------------------------------

    \19\ The Pre-Opening Session means the time between 8 a.m. and
9:30 a.m. Eastern Time.
    \20\ The After Hours Trading Session means the time between 4
p.m. and 5 p.m. Eastern Time.
---------------------------------------------------------------------------

    BYX believes that this order-based approach is superior in terms of
the ease in complying with the requirements of the Market Access Rule
and Regulation SHO while also providing similar quote adjusting
functionality to its market makers. Market makers would have control of
order origination, as required by the Market Access Rule, while also
allowing market makers to make marking and locate determinations prior
to order entry, as required by Regulation SHO. As such, market makers
are fully able to comply with the requirements of the Market Access
Rule and Regulation SHO, as they would when placing any order, while
also meeting their Exchange market making obligations. In this regard,
the Market Maker Peg Order, like the current market maker quoter
functionality, does not ensure that the market maker is satisfying the
requirements of Regulation SHO, including the satisfaction of the
locate requirement of Rule 203(b)(1) or an exception thereto.
2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\21\ which requires the rules of an exchange to promote just
and equitable principles of trade, 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. The
proposed rule change also is designed to support the principles of
Section 11A(a)(1) \22\ of the Act in that it seeks to assure fair
competition among brokers and dealers and among exchange markets. The
Exchange believes that the proposed rule meets these requirements in
that it promotes transparency and uniformity across markets concerning
minimum market maker quotation requirements and member obligations to
comply with the regulatory requirements of the Market Access Rule and
Regulation SHO. The Exchange also believes that providing Exchange
market makers with a transition period, during which they may
adequately test the new functionality, will serve to minimize the
potential market impact caused by the implementation of the order type.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b)(5).
    \22\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve or disapprove such proposed rule change; or
    B. Institute proceedings to determine whether the proposed rule
change should be 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-BYX-2012-012 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BYX-2012-012. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 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 Number SR-BYX-2012-012 and should be
submitted on or before August 6, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-17200 Filed 7-13-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Rules and Regulations]
[Pages 32094-32095]
[FR Doc No: 2023-10694]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0824; Airspace Docket No. 23-ASO-14]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Albemarle, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action makes administrative changes to the description of
the Class D airspace and Class E airspace extending upward from 700
feet above the surface for Stanly County Airport, Albemarle, NC. This
action does not change the airspace boundaries or operating
requirements.

DATES: Effective 0901 UTC, August 10, 2023. 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 JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and Regulations Group,
Office of Policy, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT:  John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, 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 update is an administrative change and does not change
the airspace boundaries or operating requirements.

Incorporation by Reference

    Class D and E airspace designations are published in paragraphs
5000 and 6005 of FAA Order JO 7400.11, Airspace Designations and
Reporting Points, incorporated by reference in 14 CFR 71.1 annually.
This document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71 amends Class D airspace and Class
E airspace extending upward from 700 feet above the surface for Stanly
County Airport, Albemarle, NC, by updating the geographic coordinates
for this airport to coincide with the FAA's database. This action would
also replace Notice to Airmen with Notice to Air Missions and Airport/
Facility Directory with Chart Supplement in the Class D airspace
description. This action is an administrative change and does not
affect the airspace boundaries or operating requirements; therefore,
notice and public procedure under 5 U.S.C. 553(b) is unnecessary.

Regulatory Notices and Analyses

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

The Amendment

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

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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order JO 7400.11G, Airspace Designations and Reporting
Points, dated August 19, 2022, and effective September 15, 2022, is
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO NC D Albemarle, NC [Amended]

Stanly County Airport, NC
    (Lat. 35[deg]25'00'' N, long. 80[deg]09'03'' W)

    That airspace extending upward from the surface to and including
3,100 feet MSL within a 5.8-mile radius of the Stanly County Airport
and 1.5 miles on each side of the 037[deg] degree bearing from the
airport, extending from the 5.8-mile radius to 7.8 miles northeast
of the airport. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to Air
Missions. The effective date and time will thereafter be
continuously published in the Chart Supplement.
* * * * *

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

* * * * *

ASO NC E5 Albemarle, NC [Amended]

Stanly County Airport, NC
    (Lat. 35[deg]25'00'' N, long. 80[deg]09'03'' W)

    That airspace extending upward from 700 feet above the surface
within an 8-mile radius of Stanly County Airport.
* * * * *

    Issued in College Park, Georgia, on May 15, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-10694 Filed 5-18-23; 8:45 am]
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