[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Proposed Rules]
[Pages 59220-59226]
[FR Doc No: 2020-20567]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0823; Airspace Docket No. 20-AAL-49]
RIN 2120-AA66

Proposed Technical Amendment to Separate Terminal Airspace Areas
from Norton Sound Low, Woody Island Low, Control 1234L, and Control
1487L Offshore Airspace Areas; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the following Offshore Airspace
Areas in Alaska: Norton Sound Low, Woody Island Low, Control 1234L, and
Control 1487L. The FAA found an error with the Offshore Airspace Legal
Descriptions containing airspace descriptions not related to the need
to apply IFR en route Air Traffic Control services in international
airspace. This action would correct that error by removing terminal
airspace, airspace associated with geographic coordinates, and airspace
associated with NAVAIDs from the Offshore Airspace legal descriptions.

DATES: Comments must be received on or before November 5, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1(800) 647-5527, or<PHONE_NUMBER>.

You must identify FAA Docket No. FAA-2020-0823; Airspace Docket No. 20-
AAL-49 at the beginning of your comments. You may also submit comments
through the internet at https://www.regulations.gov.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations 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: Christopher McMullin, Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the National
Airspace System.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2020-0823; Airspace Docket No. 20-AAL-49) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2020-0823; Airspace Docket No. 20-AAL-49.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Western Service Center, Operations
Support Group, Federal Aviation Administration, 2200 South 216th St.,
Des Moines, WA 98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 12, 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 service routes, and
reporting points.

Background

    A final rule was published in the Federal Register for Docket No.
FAA-2006-25852 under Airspace Docket No. 06-AAL-29 (72 FR 31714; June
8, 2007; as corrected 72 FR 37430, July 10, 2007), this action amended
the following offshore airspace areas: Norton Sound Low, Woody Island
Low, Control 1234L, and Control 1487L Offshore Airspace Areas; Alaska,
to include terminal airspace previously thought to be excluded in the
Code of Federal Regulations. The exclusionary language was
misinterpreted including all airspace West of Longitude 160[deg]. The
FAA found this interpretation to be in error as the exclusion only
pertains to the area West of Longitude 160[deg] for the Alaska
Peninsula. The Alaska Peninsula does not include the Aleutian Islands
nor preclude the establishment of airspace under CFR 71.71(c). This
action proposes to correct this error and reverse the final rule.
Offshore Airspace areas are reserved for those areas that extend from
the Territorial Zone to the Flight Information Region boundary, in
international airspace, where it is necessary to apply domestic
airspace rules.
    The FAA also published a final rule in the Federal Register for
Docket No. FAA-2006-26164 under Airspace Docket No. 06-AAL-34 (72 FR
5611; February 7, 2007). This action revoked the Class E Airspace for
Adak, Atka, Cold Bay, Nelson Lagoon, Saint George Island, Sand Point,
Shemya, St. Paul Island, and Unalaska, AK as it was thought that
because these locations were within Control 1234L they should be
contained in the offshore airspace description. This was in error as
offshore airspace cannot be established within 12 nautical miles of a
coastline of the United States (U.S.). This action would also correct
that error. This proposed technical amendment would separate Offshore
Airspace and terminal class E airspace to provide pilots with an
accurate legal description in the appropriate sections of the
regulation.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to modify the Norton Sound Low, Woody
Island Low, Control 1234L, and Control 1487L Offshore Airspace areas by
removing 33 terminal facilities, five NAVAIDS, and three sets of
geographic coordinate assigned airspace included in the Offshore
Airspace areas legal description

contained in FAA Order 7400.11 Section 6007. The vertical and lateral
boundaries would remain as published.
    Additionally, the FAA proposes to define the legal descriptions of
the terminal facilities in section 6002 and 6005 in FAA Order 7400.11.
The proposed actions are described below.
    Shemya, AK: Shemya is currently published in 1234L as Eareckson AS.
This action proposes to remove Eareckson AS description from 1234L
legal description and add it to section 6005 in FAA Order 7400.11
labeled under the correct identifier as Shemya, AK. This proposed
action would retain the same legal description for the Class E5
airspace.
    Adak, AK: Adak, AK is currently published in the 1234L legal
description. This proposed action would remove the Adak class E legal
description from 1234L and relocate it to section 6005 without changing
the boundaries.
    Atka, AK: Atka, AK is currently published in the 1234L legal
description. This proposed action would remove the Atka class E legal
description from 1234L and relocate it to section 6005 with no change
to the boundaries.
    Cold Bay, AK: Cold Bay, AK is currently published in the 1234L
legal description. This proposed action would remove the Cold Bay class
E2 and E5 legal descriptions from 1234L and relocate them to sections
6002 and 6005 with no change to the boundaries.
    Perryville, AK: Perryville, AK is currently published in the Norton
Sound Low legal description. This proposed action would remove the
Perryville class E legal description from Norton Sound Low and relocate
it to section 6005 with no change to the boundaries.
    Nikoloski, AK: Nikoloski, AK is currently published in the 1234L
legal description. This proposed action would remove the Nikoloski
class E legal description from 1234L and relocate it to section 6005
with no change to the boundaries.
    Manokotak, AK: Manokotak, AK is currently published in the Norton
Sound Low, 1234L legal description. It is also published in section
6005, but has an outdated legal description. This proposed action would
remove the Manokotak class E legal description from Norton Sound Low,
and 1234L and relocate it to section 6005 with the correct boundaries
and coordinates for the airport location. It would also correct the
current legal description, removing the word New from Manokotak/New
Airport, to reflect proper airport identification.
    Clarks Point, AK: Clarks Point, AK is currently published in the
Norton Sound Low and 1234L legal descriptions. This proposed action
would remove the Clarks Point class E legal description from Norton
Sound Low and 1234L and relocate it to section 6005 with no change to
the boundaries.
    Port Heiden, AK: Port Heiden, AK is currently published in the
Norton Sound Low, Woody Island Low, and 1234L legal description. This
proposed action would remove the Port Heiden class E legal description
from Norton Sound Low, Woody Island Low, and 1234L and relocate it to
section 6005 with no change to the boundaries.
    St. George, AK: St. George, AK is currently published in the 1234L
legal description. This proposed action would remove the St. George
class E legal description from 1234L and relocate it to section 6005
with no change to the boundaries.
    St. Paul Island, AK: St. Paul Island, AK is currently published in
the 1234L legal description. This proposed action would remove the St.
Paul Island class E legal description from 1234L and relocate it to
section 6005 with no change to the boundaries.
    Unalaska, AK: Unalaska, AK is currently published in the 1234L
legal description. This proposed action would remove the Unalaska class
E legal description from 1234L and relocate it to section 6005 with
administrative changes correcting the word bearing to radial and adding
the reference for the Dutch Harbor NDB, AK. The rest of the airspace
legal description would remain unchanged.
    Sand Point, AK: Sand Point, AK is currently published in the 1234L
legal description. This proposed action would remove the Sand Point
class E legal description from 1234L and relocate it to section 6005
with administrative changes correcting either to each, mail to mile,
and adding the reference to Borland NDB/DME. The rest of the legal
description would remain unchanged.
    Chignik, AK: Chignik, AK is currently published in the Norton Sound
Low, Woody Island Low, and 1234L legal description. This proposed
action would remove the Atka class E legal description from Norton
Sound, Woody Island Low, and 1234L and relocate it to section 6005 with
no change to the boundaries.
    King Cove, AK: King Cove, AK is currently published in the 1234L
legal description. This proposed action would remove the King Cove
class E legal description from 1234L and relocate it to section 6005
with an administrative changing either to each, and no change to the
boundaries.
    Nelson Lagoon, AK: Nelson Lagoon, AK is currently published in the
1234L legal description. This proposed action would remove the Nelson
Lagoon class E legal description from 1234L and relocate it to section
6005 with no change to the boundaries.
    Chevak, AK: Chevak, AK is currently published in the Norton Sound
Low legal description. This proposed action would remove the Chevak
class E legal description from Norton Sound Low and relocate it to
section 6005 with no change to the boundaries.
    Elim, AK: Elim, AK is currently published in the Norton Sound Low
legal description. This proposed action would remove the Elim class E
legal description from Norton Sound Low and relocate it to section 6005
with no change to the boundaries.
    Hooper Bay, AK: Hooper Bay, AK is currently published in the Norton
Sound Low legal description. This proposed action would remove the
Hooper Bay class E legal description from Norton Sound Low and relocate
it to section 6005 with no change to the boundaries.
    King Salmon, AK: King Salmon, AK is currently published in the
Norton Sound Low, legal description. This proposed action would remove
the King Salmon class E legal description from Norton Sound Low and
correct the legal description in section 6005 with an administrative
change replacing the word either to each, removing duplicate name in
header line two, and no change to the boundaries.
    Kivalina, AK: Kivalina, AK is currently published in the Norton
Sound Low legal description. This proposed action would remove the
Kivalina class E legal description from Norton Sound Low and correct
the legal description contained in section 6005, replacing the word
either to each, removing the duplicate name header in line two, and no
change to the boundaries.
    Kwethluk, AK: Kwethluk, AK is currently published in the Norton
Sound Low legal description. This proposed action would remove the
Kwethluk class E legal description from Norton Sound Low and correcting
the legal description located in section 6005 with an administrative
change, removing the double name header in line two, with no change to
the boundaries.
    Napakiak, AK: Napakiak, AK is currently published in the Norton
Sound Low legal description. This proposed action would remove the
Napakiak class E legal description from

Norton Sound Low and correcting the legal description located in
section 6005 with an administrative change, correcting duplicate name
in heading line two with no change to the boundaries.
    New Stuyahok, AK: New Stuyahok, AK is currently published in the
Norton Sound Low legal description. This proposed action would remove
the New Stuyahok class E legal description from Norton Sound Low and
correct legal description contained in section 6005 with an
administrative change, removing duplicate name in heading line two with
no change to the boundaries.
    Noatak, AK: Noatak, AK is currently published in the Norton Sound
Low legal description. This proposed action would remove the Noatak
class E legal description from Norton Sound Low and retain it in
section 6005 with no change to the boundaries.
    Red Dog, AK: Red Dog, AK is currently published in the Norton Sound
Low legal description. This proposed action would remove the Red Dog
class E legal description from Norton Sound Low and correct the legal
description in section 6005 with an administrative change correcting
the word either to each and no change to the boundaries.
    Scammon Bay, AK: Scammon Bay, AK is currently published in the
Norton Sound Low legal description. This proposed action would remove
the Scammon Bay class E legal description from Norton Sound Low and
correct the legal description located in section 6005 with an
administrative change correcting the word either to each and no change
to the boundaries.
    Shaktoolik, AK: Shaktoolik, AK is currently published in the Norton
Sound Low legal description. This proposed action would remove the
Shaktoolik class E legal description from Norton Sound Low and
retaining it in section 6005 with no change to the boundaries.
    Selawik, AK: Selawik, AK is currently published in the Norton Sound
Low legal description. This proposed action would remove the Selawik
class E legal description from Norton Sound Low and correct the legal
description located in section 6005 with an administrative change
removing the duplicate name in heading line two with no change to the
boundaries.
    St. Michael, AK: St. Michael, AK is currently published in the
Norton Sound Low legal description. This proposed action would remove
the St. Michael class E legal description from Norton Sound Low and
correcting the legal description located in section 6005 with an
administrative change removing the duplicate name in heading line two
with no change to the boundaries.
    Toksook Bay, AK: Toksook Bay, AK is currently published in the
Norton Sound Low legal description. This proposed action would remove
the Toksook Bay class E legal description from Norton Sound Low and
retain it in section 6005 with no change to the boundaries.
    Nome, AK: Nome, AK and Nome VORTAC is currently published in the
Norton Sound Low legal description. This proposed action would remove
the Nome VORTAC and Nome class E legal description from Norton Sound
Low and add the Nome VORTAC to the Nome, AK legal description located
in section 6005 with no change to the boundaries.
    Kodiak, AK: Kodiak, AK is currently published in the Control 1487L
legal description. This proposed action would remove the Kodiak class E
legal description from Control 1487L and correct the legal description
located in section 6005 with an administrative change replacing the
word either to each with no change to the boundaries.
    Homer, AK: Homer, AK is currently published in the Control 1487L
legal description. This proposed action would remove the Homer class E
legal description from Control 1487L and retain the legal description
in section 6005 with an administrative change correcting the word
either to each and no change to the boundaries.
    Anchorage, AK: Anchorage, AK is currently published in the Control
1487L legal description. This proposed action would remove the
Anchorage class E legal description from Control 1487L and retain the
legal description in section 6005 with no change to the boundaries.
    Class E Airspace Areas Designated as Surface Areas, Class E
Airspace Areas Extending Upward from 700 feet or more Above the Surface
of the Earth, and Offshore Airspace Areas are published in paragraphs
6002, 6005, and 6007 of FAA Order 7400.11E dated July 21, 2020, and
effective September 15, 2020, which is incorporated by reference in 14
CFR part 71.1. The Airspace listed in this document will be
subsequently published in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

ICAO Considerations

    As part of this proposal relates to navigable airspace outside the
U.S. this notice is submitted in accordance with the International
Civil Aviation Organization (ICAO) International Standards and
Recommended Practices. The application of International Standards and
Recommended Practices by the FAA, Office of Policy, Rules and
Regulations Group, in areas outside the U.S. domestic airspace, is
governed by the Convention on International Civil Aviation.
Specifically, the FAA is governed by Article 12 and Annex 11, which
pertain to the establishment of necessary air navigational facilities
and services to promote the safe, orderly, and expeditious flow of
civil air traffic. The purpose of Article 12 and Annex 11 is to ensure
that civil aircraft operations on international air routes are
performed under uniform conditions.
    The International Standards and Recommended Practices in Annex 11
apply to airspace under the jurisdiction of a contracting state,
derived from ICAO. Annex 11 provisions apply when air traffic services
are provided and a contracting state accepts the responsibility of
providing air traffic services over high seas or in airspace of
undetermined sovereignty. A contracting state accepting this
responsibility may apply the International Standards and Recommended
Practices that are consistent with standards and practices utilized in
its domestic jurisdiction.
    In accordance with Article 3 of the convention, state-owned
aircraft are exempt from the Standards and Recommended Practices of
Annex 11. The United States is a contracting state to the Convention.
Article 3(d) of the Convention provides that participating state
aircraft will be operated in international airspace with due regard for
the safety of civil aircraft.

Regulatory Notices and Analyses

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

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 6007 Offshore Airspace Areas

* * * * *

Control 1234L [Amend]

    That airspace extending upward from 2,000 feet above the surface
within an area bounded by a line beginning at lat. 58[deg]06'57'' N,
long. 160[deg]00'00'' W, then south along 160[deg]00'00'' W
longitude, until it intersects the Anchorage Air Route Traffic
Control Center (ARTCC) boundary; then southwest, northwest, north,
and northeast along the Anchorage ARTCC boundary to lat.
62[deg]35'00'' N, long. 175[deg]00'00'' W, to lat. 59[deg]59'57'' N,
long. 168[deg]00'08'' W, to lat. 57[deg]45'57'' N, long.
161[deg]46'08'' W, to the point of beginning.
* * * * *

Norton Sound Low [Amend]

    That airspace extending upward from 14,500 feet MSL within an
area bounded by a line beginning at lat. 56[deg]42'59'' N, long.
160[deg]00'00'' W, then north along a line 12 miles from and
parallel to the U.S. coastline to the intersection with
164[deg]00'00'' W, longitude near the outlet to Kotzebue Sound, then
north to the intersection with a point 12 miles from the U.S.
coastline, then north along a line 12 miles from and parallel to the
shoreline to lat. 68[deg]00'00'' N, to lat. 68[deg]00'00'' N, long.
168[deg]58'23'' W, to lat. 65[deg]00'00'' N, long. 168[deg]58'23''
W, to lat. 62[deg]35'00'' N, long. 175[deg]00'00'' W, to lat.
59[deg]59'57'' N, long. 168[deg]00'08'' W, to lat. 57[deg]45'57'' N,
long. 161[deg]46'08'' W, to lat. 58[deg]06'57'' N, long.
160[deg]00'00'' W, to the point of beginning.
* * * * *

Woody Island Low [Amend]

    That airspace extending upward from 14,500 feet MSL within the
area bounded by a line beginning at lat. 53[deg]30'00'' N, long.
160[deg]00'00'' W, to lat. 56[deg]00'00'' N, long. 153[deg]00'00''
W, to lat. 56[deg]45'42'' N, long. 151[deg]45'00'' W, to lat.
58[deg]19'58'' N, long. 148[deg]55'07'' W, to lat. 59[deg]08'34'' N,
long. 147[deg]16'06'' W, then clockwise via the 149.5-mile radius
from the Anchorage, VOR/DME, AK, to the intersection with a point 12
miles from and parallel to the U.S. coastline, then southwest along
a line 12 miles from and parallel to the U.S. coastline to the
intersection with 160[deg]00'00'' W longitude, to the point of
beginning.
* * * * *

Control 1487L [Amend]

    That airspace extending upward from 5,500 feet MSL within the
area bounded by a line beginning at lat. 58[deg]19'58'' N, long.
148[deg]55'07'' W; to lat. 59[deg]08'34'' N, long. 147[deg]16'06''
W; thence counterclockwise via the 149.5-mile radius of the
Anchorage VOR/DME, AK, to the intersection with a point 12 miles
from and parallel to the U.S. coastline; thence southeast 12 miles
from and parallel to the U.S. coastline to a point 12 miles offshore
on the Vancouver FIR boundary; to lat. 54[deg]32'57'' N, long.
133[deg]11'29'' W; to lat. 54[deg]00'00'' N, long. 136[deg]00'00''
W; to lat. 52[deg]43'00'' N, long. 135[deg]00'00'' W; to lat.
56[deg]45'42'' N, long. 151[deg]45'00'' W; to the point of
beginning; and that airspace extending upward from 1,200 feet MSL
within the area bounded by a line beginning at lat. 59[deg]33'25''
N, long. 141[deg]03'22'' W; thence southeast 12 miles from and
parallel to the U.S. coastline to lat. 58[deg]56'18'' N, long.
138[deg]45'19'' W; to lat. 58[deg]40'00'' N., long. 139[deg]30'00''
W; to lat. 59[deg]00'00'' N, long. 141[deg]10'00'' W; to the point
of beginning.
* * * * *

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas

* * * * *

AAL AK E2 Cold Bay, AK [New]

Cold Bay, AK
    (Lat. 55[deg]12'21'' N, Long. 162[deg]43'35'' W)
    That airspace extending upward from the surface within a 4.6-
mile radius of Cold Bay Airport, AK, and within 1.7 miles each side
of the 150[deg] bearing from the airport, extending from the 4.6-
mile radius to 7.7 miles southeast and within 3 miles west and 4
miles east of the 335[deg] bearing from the airport extending from
the 4.6-mile radius to 12.2 miles northwest.
* * * * *

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth

* * * * *

AAL AK E5 Shemya, AK [New]

Eareckson AS, AK
    (Lat. 52[deg]42'44'' N, Long. 174[deg]06'49'' E)
    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of Eareckson Air Station, AK and that
airspace extending upward from 1,200 feet above the surface within a
26.2-mile radius of Eareckson Air Station, AK.
* * * * *

AAL AK E5 Adak, AK [New]

Adak Airport, AK
    (Lat. 51[deg]53'01'' N, Long. 176[deg]38'33'' W)

Mount Moffett NDB/DME

    (Lat. 51[deg]52'19'' N, Long. 176[deg]40'334'' W)
    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Adak Airport, AK and within 5.2 miles
northwest and 4.2 miles southeast of the 061[deg] radial from the
Mount Moffett NDB/DME extending from the 7-mile radius to 11.5 miles
northeast and that airspace extending upward from 1,200 feet above
the surface within an 11-mile radius of Adak Airport, AK and within
16 miles of Adak Airport extending clockwise from the 033[deg]
radial to the 081[deg] radial from the Mount Moffett NDB/DME.
* * * * *

AAL AK E5 Atka, AK [New]

Atka Airport, AK
    (Lat. 52[deg]13'14'' N, Long. 174[deg]12'22'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Atka Airport, AK and that airspace
extending upward from 1,200 feet above the surface within a 10-mile
radius of Atka Airport, AK.
* * * * *

AAL AK E5 Cold Bay, AK [New]

Cold Bay, AK
    (Lat. 55[deg]12'21'' N, Long. 162[deg]43'35'' W)
    That airspace extending upward from 1,200 feet above the surface
within a 10.6-mile radius of Cold Bay Airport, AK, and within 9
miles east and 4.3 miles west of the 321[deg] bearing from the
Airport extending from the 10.6-mile radius to 20 miles northwest,
and that airspace 4 miles each side of the 070[deg] bearing from
Cold Bay Airport, AK, extending from the 10.6-mile radius to 13.6
miles northeast,
* * * * *

AAL AK E5 Nikolski, AK [New]

Nikolski AS, AK
    (Lat. 52[deg]56'30'' N, Long. 168[deg]50'57'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of the Nikolski AS, AK and that airspace
extending upward from 1,200 feet above the surface within a 73-mile
radius of the Nikolski AS, AK.
* * * * *

AAL AK E5 Manokotak, AK [Remove]

Manokotak/New Airport, AK
    (Lat. 58[deg]59'25'' N, Long. 159[deg]03'00'' W)
* * * * *

AAL AK E5 Manakotak, AK [Amend]

Manakotak Airport, AK
    (Lat. 58[deg]55'55'' N, Long. 158[deg]54'07'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.4-mile

radius of Manokotak Airport, AK; and that airspace extending upward
from 1,200 feet above the surface within a 74-mile radius of
Manokotak Airport, AK, excluding that airspace extending beyond 12
miles of the shoreline.
* * * * *

AAL AK E5 St. George, AK [New]

St. George Airport, AK
    (Lat. 56[deg]34'39'' N, Long. 169[deg]39'49'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the St. George Airport, AK and that
airspace extending upward from 1,200 feet above the surface within a
10-mile radius of St. George Airport, AK.
* * * * *

AAL AK E5 St. Paul Island, AK [New]

St. Paul Island, Airport, AK
    (Lat. 57[deg]09'59'' N, Long. 170[deg]13'21'' W)
    That airspace extending upward from 700 feet above the surface
and within an 8-mile radius of St. Paul Island Airport, AK, and 8
miles west and 6 miles east of the 360[deg] bearing from St. Paul
Island Airport, AK, to 14 miles north of St. Paul Island Airport,
AK, and within 6 miles west and 8 miles east of the 172[deg] bearing
from St. Paul Island Airport, AK, to 15 miles south of St. Paul
Island Airport, AK, and that airspace extending upward from 1,200
feet above the surface within a 73-mile radius of St. Paul Island
Airport, AK.
* * * * *

AAL AK E5 Unalaska, AK [New]

Unalaska Airport, AK
    (Lat. 53[deg]53'56'' N, Long. 166[deg]32'42'' W)
Dutch Harbor NDB
    (Lat. 53[deg]54'19'' N, Long. 166[deg]32'52'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of the Unalaska Airport, AK and within 2.9
miles each side of the 360[deg] radial from the Dutch Harbor NDB,
AK, extending from the 6.4-mile radius of Unalaska Airport, AK, to
9.5 miles north of Unalaska Airport, AK; and that airspace extending
upward from 1,200 feet above the surface within a 20-mile radius of
Unalaska Airport, AK, extending clockwise from the 305[deg] radial
from the Dutch Harbor NDB, AK, to the 075[deg] radial from the Dutch
Harbor NDB, AK.
* * * * *

AAL AK E5 Sand Point, AK [New]

Sand Point Airport, AK
    (Lat. 55[deg]18'49'' N, Long. 160[deg]31'17'' W)
Borland NDB/DME
    (Lat. 55[deg]18'56'' N, Long. 160[deg]31'6'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Sand Point Airport, AK and within 3
miles each side of the 172[deg] radial from the Borland NDB/DME, AK,
extending from the 6.4-mile radius of Sand Point Airport, AK, to
13.9 miles south of Sand Point Airport, AK and within 5 miles each
side of the 318[deg] radial from the Borland NDB/DME, AK, extending
from the 6.4-mile radius of Sand Point Airport, AK, to 17 miles
northwest of Sand Point Airport, AK and within 5 miles either side
of the 324[deg] radial from the Borland NDB/DME, AK, extending from
the 6.4-mile radius of Sand Point Airport, AK, to 17 miles northwest
of the Sand Point Airport, AK, and that airspace extending upward
from 1,200 feet above the surface and west of 160[deg] W. longitude
within a 25-mile radius of the Borland NDB/DME, AK.
* * * * *

AAL AK E5 King Cove, AK [New]

King Cove Airport, AK
    (Lat. 55[deg]06'59'' N, Long. 162[deg]15'58'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of King Cove Airport, and extending 1.2
miles each side of the 103[deg] bearing from King Cove Airport from
the 6.5-mile radius out to 8.8 miles.
* * * * *

AAL AK E5 Nelson Lagoon, AK [New]

Nelson Lagoon Airport, AK
    (Lat. 56[deg]0'27'' N, Long. 161[deg]9'37'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Nelson Lagoon Airport, AK.
* * * * *

AAL AK E5 King Salmon, AK [Amend]

King Salmon Airport, AK
    (Lat. 58[deg]40'35'' N, Long. 156[deg]38'55'' W)
King Salmon VORTAC
    (Lat. 58[deg]43'29'' N, Long. 156[deg]45'08'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of King Salmon Airport, AK, and within 5
miles north and 9 miles south of the 132[deg] radial of the King
Salmon VORTAC, AK, extending from the King Salmon VORTAC, AK, to 36
miles southeast of the King Salmon VORTAC, AK, and within 3.9 miles
each side of the 312[deg] radial of the King Salmon VORTAC, AK,
extending from the 6.9-mile radius to 13.9 miles northwest of the
King Salmon VORTAC, AK; and that airspace extending upward from
1,200 feet above the surface within a 73-mile radius of the King
Salmon Airport, AK, excluding that airspace extending beyond 12
miles of the shoreline.
* * * * *

AAL AK E5 Kivalina, AK [Amend]

Kivalina Airport, AK
    (Lat. 67[deg]44'10'' N, Long. 164[deg]33'49'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Kivalina Airport, AK, and 3.9 miles
each side of the 317[deg] bearing from the Kivalina Airport, AK,
extending from the 6.5-mile radius to 11.1 miles northwest of the
Kivalina Airport, AK; and that airspace extending upward from 1,200
feet above the surface within a 73-mile radius of the Kivalina
Airport, AK.
* * * * *

AAL AK E5 Kwethluk, AK [Amend]

Kwethluk Airport, AK
    (Lat. 60[deg]47'25'' N, Long. 161[deg]26'37'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of the Kwethluk Airport, AK; and that
airspace extending upward from 1,200 feet above the surface within a
73-mile radius of the Kwethluk Airport, AK.
* * * * *

AAL AK E5 Napakiak, AK [Amend]

Napakiak Airport, AK
    (Lat. 60[deg]41'25'' N, Long. 161[deg]58'43'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of the Napakiak Airport, AK; and that
airspace extending upward from 1,200 feet above the surface within
an 84-mile radius of the Napakiak Airport, AK.
* * * * *

AAL AK E5 New Stuyahok, AK [Amend]

New Stuyahok Airport, AK
    (Lat. 59[deg]27'06'' N, Long. 157[deg]22'23'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of the New Stuyahok Airport; and that
airspace extending upward from 1,200 feet above the surface within a
71-mile radius of the New Stuyahok Airport.
* * * * *

AAL AK E5 Red Dog, AK [Amend]

Red Dog, AK
    (Lat. 68[deg]01'56'' N, Long. 162[deg]53'57'' W)
    That airspace extending upward from 700 feet above the surface
within an 11-mile radius of the Red Dog Airport, AK, and within 4
miles each side of the 219[deg] bearing from the Red Dog Airport,
AK, extending from the 11-mile radius to 14.5 miles southwest of the
Red Dog Airport, AK; and that airspace extending upward from 1,200
feet above the surface within a 72.5-mile radius of the Red Dog
Airport, AK.
* * * * *

AAL AK E5 Scammon Bay, AK [Amend]

Scammon Bay Airport, AK
    (Lat. 61[deg]50'40'' N, Long. 165[deg]34'25'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.3-mile radius of Scammon Bay Airport, and within 4 miles
each side of the 099[deg] bearing of Scammon Bay Airport extending
from the 6.3-mile radius to 11 miles east of the airport; that
airspace extending upward from 1,200 feet above the surface with a
73-mile radius of Scammon Bay Airport, AK.
* * * * *

AAL AK E5 Selawik, AK [Amend]

Selawik Airport, AK
    (Lat. 66[deg]36'01'' N, Long. 159[deg]59'09'' W)
    That airspace extending upward from 700 feet above the surface
within a 7.3-mile radius of the Selawik Airport; and that airspace
extending upward from 1,200 feet above the surface within a 74-mile
radius of the Selawik Airport.
* * * * *

AAL AK E5 St. Michael, AK [Amend]

St. Michael Airport, AK
    (Lat. 63[deg]29'24'' N, Long. 162[deg]06'37'' W)
    That airspace extending upward from 700 feet above the surface
within an 8.4-mile radius of St. Michael Airport; and that airspace
extending upward from 1,200 feet above the surface within a 73-mile
radius of the St. Michael Airport, excluding that

airspace that extends beyond 12 miles of the shoreline.
* * * * *

AAL AK E5 Kodiak, AK [Amend]

Kodiak Airport, AK
    (Lat. 57[deg]44'59'' N, Long. 152[deg]29'38'' W)
    That airspace extending upward from 700 feet above the surface
within an 6.9-mile radius of Kodiak Airport, AK, and within 3.1
miles each side of the 072[deg] bearing from Kodiak Airport, AK,
extending from the 6.9-mile radius from the airport, to 12.2 miles
east of the airport, and within 1 mile each side of the 091[deg]
bearing from Kodiak Airport, AK, extending from the 6.9-mile radius
from the airport, to 8.2 miles east of the airport, and that
airspace extending upward from 1,200 feet above the surface within a
73-mile radius of the Kodiak Airport, AK, excluding that airspace
extending beyond 12 miles of the shoreline.
* * * * *

AAL AK E5 Homer, AK [Amend]

Homer Airport, AK
    (Lat. 59[deg]38'44'' N, Long. 151[deg]28'36'' W)
Kachemak NDB
    (Lat. 59[deg]38'29'' N, Long. 151[deg]30'01'' W)
    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of the Homer Airport, AK, and within 4
miles each side of the 055[deg] bearing from the Homer Airport, AK,
to 12-miles northeast of the Homer Airport, AK, and within 8-miles
north and 4.2-miles south of the Kachemak NDB 235[deg] bearing
extending from the Kachemak NDB to 16 miles southwest of the
Kachemak NDB; and that airspace extending upward from 1,200 feet
above the surface within a 73-mile radius of the Homer Airport, AK.
* * * * *

    Issued in Washington, DC, on September 14, 2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-20567 Filed 9-18-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Notices]
[Pages 45501-45502]
[FR Doc No: 2019-18714]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-0767]

International Drug Scheduling; Convention on Psychotropic
Substances; Single Convention on Narcotic Drugs; World Health
Organization; Scheduling Recommendations; Dronabinol (delta-9
tetrahydrocannabinol) and Its Stereoisomers; Cannabis, Cannabis Resin,
Extracts and Tinctures; Cannabidiol Preparations; and Pharmaceutical
Preparations of Cannabis; Reopening of the Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; reopening of the comment period.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is
reopening the comment period for the notice entitled ``International
Drug Scheduling; Convention on Psychotropic Substances; Single
Convention on Narcotic Drugs; World Health Organization; Scheduling
Recommendations; Dronabinol (delta-9 tetrahydrocannabinol) and its
Stereoisomers; Cannabis, Cannabis Resin, Extracts and Tinctures;
Cannabidiol Preparations; and Pharmaceutical Preparations of Cannabis''
that appeared in the Federal Register of March 1, 2019. The Agency is
taking this action to allow interested persons additional time to
submit comments.

DATES: FDA is reopening the comment period for the notice published on
March 1, 2019 (84 FR 7064). Submit either electronic or written
comments by September 30, 2019.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before September 30, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of September 30, 2019. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-N-0767 for ``International Drug Scheduling; Convention on
Psychotropic Substances; Single Convention on Narcotic Drugs; World
Health Organization; Scheduling Recommendations; Dronabinol (delta-9
tetrahydrocannabinol) and its Stereoisomers; Cannabis, Cannabis Resin,
Extracts and Tinctures; Cannabidiol Preparations; and Pharmaceutical
Preparations of Cannabis.'' Received comments, those filed in a timely
manner (see ADDRESSES), will be placed in the docket and, except for
those submitted as ``Confidential Submissions,'' publicly viewable at
https://www.regulations.gov or at the Dockets Management Staff between
9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: James Hunter, Center for Drug
Evaluation and Research, Controlled Substance Staff, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 5150, Silver
Spring, MD 20993-0002,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of March 1, 2019 (84
FR 7064), FDA published a notice with a 14-day comment period to
request comments on the notice entitled ``International Drug
Scheduling; Convention on Psychotropic Substances; Single Convention on
Narcotic Drugs; World Health Organization; Scheduling Recommendations;
Dronabinol (delta-9 tetrahydrocannabinol) and its Stereoisomers;
Cannabis, Cannabis Resin, Extracts and Tinctures; Cannabidiol
Preparations; and Pharmaceutical Preparations of

Cannabis.'' FDA is reopening the comment period until September 30,
2019. The Agency believes that an additional 30 days will allow
adequate time for interested persons to submit comments.
    When the notice was initially published, FDA noted the need for a
shortened time period for the submission of comments to ensure that the
U.S. Department of Health and Human Services may in timely fashion
carry out the required action and be responsive to the United Nations.
FDA also noted that if voting on the cannabis-related recommendations
was deferred to a later date, the comment period would reopen. The
Bureau of the 62nd Commission on Narcotic Drugs decided to postpone the
voting on the cannabis-related recommendations by adopting decision 62/
14 (available at: https://www.unodc.org/documents/commissions/CND/Drug_Resolutions/2010-2019/2019/Decisions/CND_Decision_62_14.pdf).
Therefore, FDA is reopening the comment period to allow interested
persons an additional 30 days to comment.

    Dated: August 26, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-18714 Filed 8-28-19; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Notices]
[Pages 22360-22361]
[FR Doc No: 2013-08725]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69350; File No. SR-C2-2013-008]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Order Approving a Proposed Rule Change, as Modified by Amendment No. 1
Thereto, Relating to Market-Maker Continuous Quoting Obligations

April 9, 2013.

I. Introduction

    On February 8, 2013, C2 Options Exchange, Incorporated (``C2'' or
``Exchange'') 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 C2's rules relating to Market-Maker \3\
continuous quoting obligations. The proposed rule change, as modified
by Amendment No. 1, was published for comment in the Federal Register
on February 27, 2013.\4\ The Commission did not receive any comment
letters regarding the proposal. This order approves the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ C2 Rule 1.1 defines ``Market-Maker'' as ``a Participant
registered with the Exchange for the purpose of making markets in
options contracts traded on the Exchange and that is vested with the
rights and responsibilities specified in Chapter 8 of [the C2]
Rules.''
    \4\ See Securities Exchange Act Release No. 68964 (February 21,
2013), 78 FR 13389 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes to amend its rules to exclude intra-day add-
on series (``Intra-day Adds'') from Market-Makers' continuous quoting
obligations on the day during which such series are added for
trading.\5\ In addition, the Exchange proposes to permit Designated
Primary Market-Makers (``DPMs'') \6\ to receive participation
entitlements in all Intra-day Adds on the day during which such series
are added for trading provided that the DPM elects to quote in such
series and otherwise satisfies the requirements set forth in Rule
8.19(b).\7\
---------------------------------------------------------------------------

    \5\ See id. at 13389. According to the Exchange, Intra-day Adds
are series that are added to the Exchange system after the opening
of the Exchange, rather than prior to the beginning of trading. See
id. at 13389-90.
    \6\ C2 Rule 1.1 defines ``DPM'' as ``a Participant organization
that is approved by the Exchange to function in allocated securities
as a Market-Maker (as defined in Rule 1.1) and is subject to the
obligations under Rule 8.17 or as otherwise provided under the
Rules.''
    \7\ See Notice, supra note 4, 78 FR at 13389.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\8\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\9\ 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 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.
---------------------------------------------------------------------------

    \8\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    According to C2, several Market-Makers have communicated to the
Exchange that their trading systems do not automatically produce
continuous quotes in Intra-day Adds on the trading day during which
those series are added and that the only way they could quote in these
series in the trading day during which they were added would be to shut
down and restart their systems.\10\ Further, the Exchange states that
Market-Makers have indicated that the work that would be required to
modify their systems to permit quoting in Intra-day Adds would be
significant and costly.\11\ In addition, the Exchange indicates that
Intra-day Adds represent only approximately 0.10% of the average number
of series listed on the Exchange each trading day, and that Market-
Makers will still be obligated to provide continuous two-sided markets
in a substantial number of series in their appointed classes.\12\
---------------------------------------------------------------------------

    \10\ See Notice, supra note 4, 78 FR at 13390.
    \11\ See id.
    \12\ See id. at 13391.
---------------------------------------------------------------------------

    The Exchange believes that it would be impracticable, particularly
given that a number of Market-Makers use their systems to quote on
multiple markets and not solely on the Exchange, for Market-Makers to
turn off their entire systems to accommodate quoting in Intra-day Adds
on the day during which those series are added on the Exchange. In
addition, the Exchange believes this would interfere with the
continuity of its market and reduce liquidity, which would ultimately
harm investors and contradicts the purpose of the Market-Maker
continuous quoting obligation.\13\
---------------------------------------------------------------------------

    \13\ See id. at 13390.
---------------------------------------------------------------------------

    The Exchange does not believe that the proposed rule change would
adversely affect the quality of the Exchange's markets or lead to a
material decrease in liquidity. Rather, the Exchange believes that its
current market structure, with its high rate of participation by
Market-Makers, permits the proposed rule change without fear of losing
liquidity. The Exchange also believes that market-making activity and
liquidity could materially decrease without the proposed rule change to
exclude Intra-day Adds from Market-Maker continuous quoting obligations
on the trading day during which they are added for trading.\14\
---------------------------------------------------------------------------

    \14\ See id. at 13391.
---------------------------------------------------------------------------

    The Exchange believes that this proposed relief will encourage
Market-Makers to continue appointments and other Trading Permit Holders
(``TPHs'') to request Market-Maker appointments, and, as a result,
expand liquidity in options classes listed on the Exchange to the
benefit of the Exchange and its TPHs and public customers. The Exchange
believes that its Market-Makers would be disadvantaged without this
proposed relief, and that TPHs and public customers would also be
disadvantaged if Market-Makers withdrew from appointments in options
classes, resulting in reduced liquidity and volume in these
classes.\15\
---------------------------------------------------------------------------

    \15\ See id.
---------------------------------------------------------------------------

    In addition, the Exchange believes that the proposed rule change to
clarify that Market-Makers may receive participation entitlements in
Intra-day Adds on the day during which such series are added for
trading if they satisfy the other entitlement requirements as set forth
in Exchange rules, even if the rules do not require the Market-Makers
to continuously quote in those series, will incentivize Market-Makers
to quote in series in

which they are not required to quote, which may increase liquidity in
their appointed classes.\16\
---------------------------------------------------------------------------

    \16\ See id.
---------------------------------------------------------------------------

    The Exchange's proposal to exclude Intra-day Adds from Market-
Makers' continuous electronic quoting obligations on the day during
which such series are added for trading would not affect Market-Makers'
other obligations. For example, Market-Makers will still be required to
engage in activities that constitute a course of dealings reasonably
calculated to contribute to the maintenance of a fair and orderly
market, including (1) to compete with other Market-Makers to improve
markets in all series of options classes comprising their appointments;
(2) to make markets that, absent changed market conditions, will be
honored in accordance with firm quote rules; and (3) to update market
quotations in response to changed market conditions in their appointed
options classes and to assure that any market quote they cause to be
disseminated is accurate.\17\ In addition, the proposed rule change
would not excuse a Market-Maker from its obligation to submit a single
quote or to maintain continuous quotes in one or more series of a class
to which the Market-Maker is appointed when called upon by an Exchange
official if, in the judgment of such official, it is necessary to do so
in the interest of maintaining a fair and orderly market.\18\
---------------------------------------------------------------------------

    \17\ See C2 Rule 8.5(a).
    \18\ See C2 Rule 8.5(d).
---------------------------------------------------------------------------

    The Commission notes that the Exchange indicates that Market-Makers
would be required to shut down and restart their systems, or make
costly systems changes, in order to quote in Intra-day Adds. A
requirement for Market-Makers to maintain continuous electronic quotes
in Intra-day Adds, which represents a minor part of Market-Makers'
overall obligations, may not justify the system resources, or the
disruption to trading, the Exchange states would be necessary to
accommodate quoting in Intra-day Adds. Accordingly, the Commission
believes that the Exchange's proposal concerning Intra-day Adds would
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.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-C2-2013-008), as modified by
Amendment No. 1, is approved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2).
    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-08725 Filed 4-12-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Notices]
[Page 50130]
[FR Doc No: 2022-17571]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, August 18, 2022.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:

    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement
proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
    Authority: 5 U.S.C. 552b.

    Dated: August 11, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-17571 Filed 8-11-22; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Notices]
[Pages 24594-24595]
[FR Doc No: 2022-08801]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94764; File No. SR-NYSEArca-2022-22]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Rule
6.37AP-O

April 20, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 8, 2022, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.37AP-O (Market Maker
Quotations). The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify Rule 6.37AP-O to clarify the
Exchange's handling of certain Market Maker quotations on Pillar as set
forth below.\4\
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    \4\ Rule 6.37AP-O describes Market Maker quoting obligations,
including defining ``quotation,'' describing the treatment of each
such quotation, and specifying Market Maker and LMM quoting
obligations. The Exchange notes that because it has not yet migrated
to the Pillar platform, Rule 6.37A-O continues to apply to the
Market Maker quotations, which rule is not being modified by this
filing. At the time of this filing, the Exchange has not announced
the planned migration date(s) for Pillar but will do so via Trader
Update.
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    Rule 6.37AP-O(a)(1) provides that the term ``quote'' or
``quotation'' means ``a bid or offer sent by a Market Maker that is not
sent as an order,'' \5\ and that ``[a] quotation sent by a Market Maker
will replace a previously displayed same-side quotation that was sent
from the same order/quote entry port of that Market Maker.'' Thus,
under the current rule, any Market Maker quotations in a given option
series would be replaced, i.e., ``updated,'' when that Market Maker
sends a subsequent same-side quote in the same series from the same
quote entry port.
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    \5\ Rule 6.37AP-O(a)(2) provides that a Market Maker may
designate either a Non-Routable Limit Order or an ALO Order as a
quote and such quotes would be processed as described in Rule 6.62P-
O(e).
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    The Exchange proposes to modify Rule 6.37AP-O(a)(1) to make clear
that ``[i]f multiple same-side quotations are submitted via the same
quote entry port, the Exchange will display the Market Maker's most
recent same-side quotation.'' \6\ This proposed additional detail is
designed to clarify the Exchange's handling of successive Market Maker
quotations (from the same quote entry port in the same side and series)
should a Market Maker's quotations queue during a period of excessive
message traffic. No system, including Pillar, has unlimited capacity.
As such, the Exchange seeks to clarify that, should the Exchange be in
receipt of multiple same-side quotations in the same series from the
same Market Maker, the Exchange would display only the most recent
quotation to ensure accurate representation of that Market Maker's
quoting interest.
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    \6\ See proposed Rule 6.37AP-O(a)(1).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\7\ in general, and
furthers the objectives of Section 6(b)(5),\8\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to, and perfect the
mechanism of, a free and open market and a national market system and,
in general, to protect investors and the public interest.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule change to specify the
Exchange handling of successive quotations in the same option series
would promote just and equitable principles of trade and remove
impediments to and perfect the mechanism of a free and open market and
a national market system and protect investors. This proposed

additional detail would clarify the Exchange's handling of multiple
Market Maker quotations (from the same quote entry port in the same
side and series) should a Market Maker's quotations queue during a
period of excessive message traffic. No system, including Pillar, has
unlimited capacity. The Exchange therefore believes that displaying
only the most recent Market Maker quote when it is in receipt of
multiple same-side quotations in the same series from such Market
Maker, would protect investors and the public interest by ensuring
accurate representation of that Market Maker's quoting interest. The
Exchange also believes that the proposed change would add clarity and
transparency to Exchange rules making them easier to navigate and
comprehend.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change is not
intended to address competition, but rather to clarify the Exchange's
handling of certain Market Maker quotations. The proposed change would
apply to all similarly-situated Market Makers and would inure to the
benefit of all market participants because the proposed rule change is
designed to ensure accurate representation of a Market Maker's quoting
interest, particularly at times of excessive quote message traffic.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the foregoing proposed rule change does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative prior
to 30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6)(iii) thereunder.\12\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) of the Act \13\ to determine whether the proposed
rule change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEArca-2022-22 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2022-22. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly.
    All submissions should refer to File Number SR-NYSEArca-2022-22 and
should be submitted on or before May 17, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-08801 Filed 4-25-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Notices]
[Pages 75395-75396]
[FR Doc No: 2013-29551]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71005; File No. SR-CBOE-2013-096]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Granting Approval of Proposed Rule Change, as
Modified by Amendment No. 1, Relating to the Short Term Option Series
Program

December 6, 2013.

I. Introduction

    On October 2, 2013, Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') 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 Exchange Rules 5.5(d)
and 24.9(a)(2)(A) to make certain modifications to the Exchange's Short
Term Option Series Program (``Weeklys Program''). The proposed rule
change was published for comment in the Federal Register on October 22,
2013.\3\ The Commission received no comment letters on the proposal.
This order approves the proposed rule change, as modified by Amendment
No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 70685 (October 15,
2013), 78 FR 62858 (``Notice''). The Commission notes that on
October 15, 2013, the Exchange submitted Amendment No. 1 to the
proposed rule change to make certain amendments that removed the
phrase ``for each series'' from the proposed rule language relating
to Short Term Option Expiration Dates.
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II. Description of the Proposal

    The Exchange proposed to amend Exchange Rules 5.5(d) and
24.9(a)(2)(A) to: (i) Allow for the Exchange to list options in the
Weeklys Progam (``Weekly options'') on each of the next five Fridays
that are business days and are not Fridays in which monthly options
series or quarterly options series expire (``Short Term Option
Expiration Dates'') at one time; and (ii) state that additional series
of Weekly options may be listed up to, and including on, the day of
expiration.
    The proposed rule change would give the Exchange the ability to
list a total of five Weekly options expirations at one time, not
including monthly or quarterly option expirations. Currently, the
Exchange's rules provide that the Exchange may open for trading on any
Thursday or Friday that is a business day (``Short Term Option Opening
Date'') options expiring ``on each of the next five consecutive Fridays
that are business days.'' \4\ Because a Friday expiration may coincide
with an existing expiration of a monthly or quarterly series of an
option in the same class as the Weekly options series, the current
requirement that the Fridays be consecutive may mean that the Exchange
cannot open five Short Term Option Expiration Dates because of existing
monthly or quarterly expirations. The proposed rule change would allow
the Exchange to open the five Weekly options expirations closest to the
Short Term Option Opening Date, not including monthly or quarterly
option expirations.
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    \4\ See Exchange Rules 5.5(d) and 24.9(a)(2)(A).
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    The proposed rule change also adds language to Rules 5.5(d) and
24.9(a)(2)(A) to state that additional series of Weekly options may be
added up to, and including on, the expiration date of the series.\5\
Currently, Exchange rules state that the Exchange ``may open up to 20
initial series for each option class that participates in the Short
Term Option Series Program'' and ``up to 10 additional series for each
option class that participates in the Short Term Option Series
Program.'' \6\ However, the Exchange's rules are silent on when series
may be added. Therefore, the Exchange is proposing to add language
stating that additional Weekly options series may be added up to and on
the day of expiration.
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    \5\ The Exchange also proposed to add language stating that the
proposed provisions in Rules 5.5(d)(4) and 24.9(a)(2)(A)(iv) will
not contradict current provisions in CBOE Rules. More specifically,
the proposed provisions would not contradict 5.5.04 and 24.9.01(c)
respectively. The Exchange stated that it believes this addition
will eliminate any confusion about when additional series may be
added in the Weeklys Program in comparison to other Exchange listing
programs.
    \6\ See Exchange Rules 5.5(d)(3), 5.5.(d)(4),
24.9(a)(2)(A)(iii), and 24.9(a)(2)(A)(iv).
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    The Exchange asserts that the proposed revisions to the Weeklys
Program will permit the Exchange to meet increased customer demand and
provide market participants with the ability to hedge in a greater
number of option classes and series.\7\ In addition, the Exchange
stated that it believes that, given the short lifespan of Weekly
options, the ability to list new series of options intraday is
appropriate.\8\
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    \7\ See Notice, supra note 3 at 62859.
    \8\ See id.
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III. Discussion and Commission Findings

    After careful review of the proposed rule change, the Commission
finds that the proposed rule change is consistent with the requirements
of the Act and the rules and regulations thereunder applicable to a
national securities

exchange.\9\ Specifically, the Commission finds that the proposal is
consistent with Section 6(b)(5) of the Act,\10\ which requires, among
other things, that the rules of a national securities exchange be
designed to promote just and equitable principles of trade, to prevent
fraudulent and manipulative acts, 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
Commission believes that the proposed change may provide the investing
public and other market participants with greater flexibility to
closely tailor their investment and hedging decisions in a greater
number of option series, thus allowing investors to better manage their
risk exposure.
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    \9\ In approving this proposed rule change, the Commission
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f(b)(5).
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    In approving this proposal, the Commission notes that the Exchange
has represented that it and the Options Price Reporting Authority
(``OPRA'') have the necessary systems capacity to handle the potential
additional traffic associated with the Exchange's proposed amendments
to the Weeklys Program.\11\ That Commission also notes that the
Exchange represented that the Options Clearing Corporation (``OCC'')
has the ability to accommodate series in the Weeklys Program added
intraday.\12\ The Commission expects the Exchange to monitor the
frequency of additional series listed as a result of this proposal and
record the reasons therefor, and monitor the trading volume associated
with the additional options series listed as a result of this proposal
and the effect of these additional series on market fragmentation and
on the capacity of the Exchange's, OPRA's, OCC's, and vendors'
automated systems.
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    \11\ See Notice, supra note 3 at 62860.
    \12\ See id. at 62859, n. 10.
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change, as modified by Amendment No. 1
(SR-CBOE-2013-096), be, and it hereby is, approved.
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    \13\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-29551 Filed 12-10-13; 8:45 am]
BILLING CODE 8011-01-P