[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 55085-55087]
[FR Doc No: 2021-21747]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93209; File No. SR-PEARL-2021-43]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change by MIAX PEARL,
LLC To Amend Exchange Rule 100, Definitions, Rule 402, Criteria for
Underlying Securities, Rule 403, Withdrawal of Approval of Underlying
Securities, Rule 404, Series of Option Contracts Open for Trading, Rule
404A, Select Provisions of Options Listing Procedures Plan, Rule 406,
Long-Term Option Contracts, Rule 500, Access to and Conduct on the
Exchange, Rule 503, Openings on the Exchange, Rule 515, Execution of
Orders, and Rule 519, MIAX Pearl Order Monitor (``MOM'')

September 30, 2021.
    Pursuant to the provisions of 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 September 24, 2021, MIAX PEARL, LLC (``MIAX
Pearl)'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rules 100,
Definitions, 402, Criteria for Underlying Securities, 403, Withdrawal
of Approval of Underlying Securities, 404, Series of Option Contracts
Open for Trading, 404A, Select Provisions of Options Listing Procedures
Plan, 406, Long-Term Option Contracts, 500, Access to and Conduct on
the Exchange, 503, Openings on the Exchange, 515, Execution of Orders,
and 519, MIAX Pearl Order Monitor (``MOM''), to make minor, non-
substantive edits and clarifying changes to the rule text.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl, at MIAX
Pearl's principal office, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Exchange Rule 100, Definitions, to
make minor non-substantive edits and clarifying changes. First, the
Exchange proposes to amend Exchange Rule 100, Definitions, to make a
minor, non-substantive clarifying change to the definition for
``PBBO.'' Currently, the definition for ``PBBO'' is as follows: ``The
term `PBBO' means the best bid or offer on the PEARL Exchange.''
Pursuant to Exchange Rule 100, when referring to the Exchange, the term
``MIAX Pearl'' is used. The Exchange proposes to amend the definition
for ``PBBO'' in Exchange Rule 100 to insert the word ``MIAX'' in front
of the words ``PEARL Exchange'' to align the name of the Exchange with
how the term is defined and used throughout the Exchange's rulebook.
Further, the Exchange proposes to delete the word ``the'' before the
newly inserted word ``MIAX'' and delete the last word, ``Exchange,''
for clarity. With the proposed changes, the definition for ``PBBO''
will be as follows: ``The term `PBBO' means the best bid or offer on
MIAX Pearl.''
    Next, the Exchange proposes to delete the period at the end of
subparagraph (a)(1) of Exchange Rule 402(a) and add ``; and'' for
purposes of clarity in the rule text that both conditions listed in
Exchange Rule 402(a)(1)-(2) must be met.

    Next, the Exchange proposes to amend subparagraph (b) of Exchange
Rule 402 to correctly spell the word ``foregoing'' in the last sentence
before subparagraph (b)(1). The purpose of this change is for clarity
in the rule text.
    Next, the Exchange proposes to delete the period at the end of
subparagraph (b)(6)(i) of Exchange Rule 402 and add ``; and'' for the
sentence to be grammatically correct and for purposes of clarity in the
rule text that both conditions listed in Exchange Rule 402(b)(6)(i)-
(ii) must be met.
    Next, the Exchange proposes to delete the period at the end of
subparagraph (c)(2)(i)(A) of Exchange Rule 402 and add ``; and'' for
the sentence to be grammatically correct and for purposes of clarity in
the rule text.
    Next, the Exchange proposes to delete the comma at the end of
subparagraph (g)(1) of Exchange Rule 402 and add a semicolon for
purposes of clarity in the rule text.
    Next, the Exchange proposes to amend subparagraph (i) of Exchange
Rule 402 to remove the word ``or'' after proposed renumbered
subparagraphs (i)(1), (2) and (3). The Exchange also proposes to amend
the hierarchical headings in Exchange Rule 402(i) as follows:
Subparagraphs (i)(A)-(E) will be renumbered as (i)(1)-(5); subparagraph
(i)(E)(1) will be renumbered as (i)(5)(i); subparagraphs (i)(E)(1)(i)-
(iii) will be renumbered as (i)(5)(i)(A)-(C); subparagraph (i)(E)(2)
will be renumbered as (i)(5)(ii); subparagraphs (i)(E)(2)(i)-(ii) will
be renumbered as (i)(5)(ii)(A)-(B); and subparagraphs (i)(E)(2)(ii)(A)-
(D) will be renumbered as (i)(5)(ii)(B)1.-4. The purpose of these
proposed changes is to provide consistency and clarity throughout the
rule text for the hierarchical subparagraph headings.
    Next, the Exchange proposes to delete the semicolon at the end of
subparagraph (k)(1)(vi) of Exchange Rule 402 and add a period for the
sentence to be grammatically correct and for purposes of clarity in the
rule text.
    Next, the Exchange proposes to amend subparagraph (g) of Exchange
Rule 403 to capitalize the word ``In'' that begins subparagraphs (g)(1)
and (g)(2). The Exchange also proposes to amend subparagraph (g) of
Exchange Rule 403 to replace certain internal cross reference to other
rules in light of the changes described above. In particular, the
Exchange proposes to amend the cross references contained in Exchange
Rule 403(g)(1)-(2), that are to Exchange Rules 402(i)(E)(1)(i)-(ii), to
now be to Exchange Rule 402(i)(5)(i)(A)-(B). These proposed rule
changes are for clarity and consistency with the rule text.
    Next, the Exchange proposes to amend Exchange Rule 403,
Interpretation and Policy .02, to add a colon before an itemized list
in the second sentence, which uses semicolons for the sentence to be
grammatically correct.
    Next, the Exchange proposes to amend Exchange Rule 404,
Interpretation and Policy .02(a), to remove the word ``Pilot'' when
referring to the Short Term Option Series Program. The purpose of this
proposed change is to provide consistency and clarity throughout the
rule text as the Short Term Options Series Program is not a pilot
program.\3\
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    \3\ See Exchange Rule 404, Interpretation and Policy .02.
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    Next, the Exchange proposes to amend Exchange Rule 404,
Interpretation and Policy .02(c), to add the word ``thirty'' before the
number in parentheses in the first sentence for purposes of consistency
and clarity in the rule text.
    Next, the Exchange proposes to amend Exchange Rule 404,
Interpretation and Policy .02(f), to add the number ``(21)'' after the
word ``twenty-one'' for purposes of consistency and clarity in the rule
text.
    Next, the Exchange proposes to amend Exchange Rule 404,
Interpretation and Policy .10, to update the name of one of the
Exchange-Traded Funds (``ETF'') from ``PowerShares Trust (``QQQ'')'' to
its updated name ``Invesco QQQ Trust (``QQQ'').'' \4\ According to the
most recent Prospectus for the QQQ ETF, the ETF Sponsor changed that
ETF's name. Accordingly, the Exchange proposes to update the name of
the QQQ ETF for consistency with the QQQ ETF's Prospectus.
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    \4\ See Invesco QQQ Trust, Series 1 Prospectus, dated January
31, 2021, https://connect.rightprospectus.com/Invesco/TADF/46090E103/P?site=ETF.
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    Next, the Exchange proposes to amend Exchange Rule 404,
Interpretation and Policy .11, to add the number ``(21)'' after the
word ``twenty-one'' for purposes of consistency and clarity in the rule
text.
    Next, the Exchange proposes to amend subparagraph (b) of Exchange
Rule 404A to add quotation marks around the phrase ``Exchange Traded
Fund Shares'' for the sentence to be grammatically correct.
    Next, the Exchange proposes to amend subparagraph (a) of Exchange
Rule 406, Long-Term Option Contracts, to add the number ``(10)'' after
the word ``ten'' for purposes of consistency and clarity in the rule
text.
    Next, the Exchange proposes to amend subparagraphs (b)(i)-(iv) of
Exchange Rule 500, Access to and Conduct on the Exchange, to: (1)
Replace periods with semicolons; and (2) add the word ``and'' to
subparagraph (b)(iv) in the list for the sentence to be grammatically
correct. The Exchange proposes to replace the periods in (i)-(iv) for
the sentence to be grammatically correct and for purposes of clarity in
the rule text.
    Next, the Exchange proposes to amend subparagraph (b)(1)(ii)(A) to
Exchange Rule 503, Openings on the Exchange, to remove the word ``or''
for purposes of clarity and consistency in the rule text.
    Next, the Exchange proposes to amend Exchange Rule 515, Execution
of Orders, to make minor, non-substantive edits and clarifying changes
to the rule text in order to provide consistency and clarity within the
rule text. Exchange Rule 515(g)(3)(iv) currently contains several
references to the term ``Post-Only.'' However, there are two instances
in subparagraph (g)(3)(iv) of Exchange Rule 515 where the term ``Post-
Only'' is missing the hyphen connecting the two words. The Exchange now
proposes to amend paragraph (g)(3)(iv) to amend all references to
``Post-Only'' to add the hyphen where it is missing. The purpose of
these changes is to provide consistency and clarity throughout the rule
text.
    Next, the Exchange proposes to amend Exchange Rule 519, MIAX Pearl
Order Monitor (``MOM''), to make minor, non-substantive edits and
clarifying changes to the rule text. The Exchange proposes to amend the
example in Exchange Rule 519(a)(3) to move the word ``not'' in clause
``(B)'' of that example. With the proposed change, clause ``(B)'' will
state as follows: ``(B) if the NBO is $0.10 an incoming limit order to
buy options for $0.15 will not be rejected; whereas if the NBO is $0.10
an incoming limit order to buy options for $0.35 will be rejected as
the limit price of the order is $0.25 greater than the NBO.''
Similarly, the Exchange proposes to amend the example in Exchange Rule
519(a)(4) to delete the extra word ``be'' in the last part of clause
``(B'') of that example. With the proposed change, clause ``(B)'' will
state as follows: ``(B) if the NBB is $0.30 an incoming limit order to
sell options for $0.15 will be rejected; whereas if the NBB is $0.30 an
incoming limit order to sell options for $0.20 will not be rejected as
the limit price of the order is not less than 50% of the NBB price.''
The purpose of these changes is to provide clarity in the rule text.

2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \5\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \6\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed changes 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
because the proposed rule changes will provide greater clarity to
Members \7\ and the public regarding the Exchange's Rules. It is in the
public interest for rules to be accurate and concise so as to eliminate
the potential for confusion.
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    \7\ The term ``Member'' means an individual or organization that
is registered with the Exchange pursuant to Chapter II of these
Rules for purposes of trading on the Exchange as an ``Electronic
Exchange Member'' or ``Market Maker.'' Members are deemed
``members'' under the Exchange Act. See Exchange Rule 100.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule changes will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Specifically, the Exchange
believes the proposed changes will not impose any burden on intra-
market competition as there is no functional change to the Exchange's
System and because the rules of the Exchange apply to all MIAX Pearl
participants equally. The proposed rule change will have no impact on
competition as it is not designed to address any competitive issue but
rather is designed to remedy minor non-substantive issues and provide
added clarity to the rule text of Exchange Rules 100, 402, 403, 404,
404A, 406, 500, 503, 515, and 519. In addition, the Exchange does not
believe the proposal will impose any burden on inter-market competition
as the proposal does not address any competitive issues and is intended
to protect investors by providing further transparency regarding the
Exchange's functionality.

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) \8\ of the Act and Rule 19b-4(f)(6) thereunder.\9\
Because the foregoing proposed rule change does not: (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, it has become effective pursuant to
Section 19(b)(3)(A)(iii) of the Act and subparagraph (f)(6) of Rule
19b-4 thereunder.\10\
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of its intent to file the
proposed rule change at least five business days prior to the date
of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-PEARL-2021-43 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-PEARL-2021-43. 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-PEARL-2021-43, and should be submitted
on or before October 26, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-21747 Filed 10-4-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Rules and Regulations]
[Pages 57902-57905]
[FR Doc No: 2011-23839]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0376; Airspace Docket No. 10-AEA-11]
RIN 2120-AA66

Amendment and Establishment of Air Traffic Service Routes;
Northeast United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends five existing Air Traffic Service (ATS)
routes and establishes four new ATS routes. The existing routes being
amended are Q-42, J-60, V-16, V-229 and V-449. The new routes are Q-62,
Q-406, Q-448 and Q-480. The FAA is taking this action to increase
National Airspace System (NAS) efficiency, enhance safety and reduce
delays within the New York metropolitan area airspace.

DATES: Effective date 0901 UTC, October 20, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace, Regulations
and ATC Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On May 17, 2011, the FAA published in the Federal Register a notice
of proposed rulemaking to amend jet route J-60, area navigation (RNAV)
route Q-42, and VOR Federal airways V-16, V-229 and V-449 (76 FR
28379). In addition, the FAA proposed to establish four new RNAV routes
designated as Q-62, Q-406, Q-448 and Q-480. The changes were proposed
to facilitate the routing of westbound air traffic departing the New
York metropolitan area and better sequence departing traffic with en
route overflight traffic to reduce delays within the New York terminal
airspace. Additionally, the changes were designed to more efficiently
accommodate aircraft landing within the Potomac Terminal Radar Approach
Control (TRACON) airspace.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal. Forty comments
were received.

Discussion of Comments

    Comments received fell within three general categories:
administrative issues, safety issues and environmental issues.

Administrative Issues

    One commenter believed that there was an error in the description
of Federal airway V-229 as published in the NPRM. The FAA reviewed the
proposed V-229 description and determined that it was correctly
published. Several commenters contend that the description of the
proposed ATS route changes in the NPRM are not easily understandable to
the general public. The FAA does not include a graphic depiction of ATS
route proposals in a NPRM because most ATS routes extend for long
distances and the reduced scale used by the Federal Register when
publishing the graphic would cause the resulting ``picture'' to be
compressed to such a degree that it would provide little value to a
commenter. The NPRM for this proposal did include a written description
of the changes for each route as well as the ``legal description''
listing each point that makes up the route. For area navigation (RNAV)
routes, the legal description also includes the latitude and longitude
of each point. Once the establishment of, or modification of, a route
is adopted in a final rule, the route will be illustrated on the
appropriate aeronautical chart(s).
    Another commenter commented generally that the proposal
circumvented the Administrative Procedure Act (APA). The FAA does not
agree. The APA (Title 5, U.S.C., section 553) governs the process by
which agencies of the Federal government may propose and establish
regulations. The FAA has fully complied with APA notice and comment
requirements applicable to this rulemaking action.

Safety Issues

    Commenters argued that the proposed routes are a danger to the
public, that aircraft should not overfly residential areas for safety
reasons, and that the redesigned flight paths will strain and subject
airports beyond their physical limitations and place the community at
risk. The FAA does not agree that the changes adopted in this rule will
adversely impact safety. To the contrary, the routes have been
carefully designed to enhance the safety and efficiency of air traffic
operations. As with other major U.S. cities served by high volume
airport(s), the New York metropolitan area is densely populated with
residential land uses surrounding all of the major airports. Arrivals
into and departures from these airports cannot avoid overflight of all
residential areas. The ATS route changes in this route will not put a
strain on airport operations or place the surrounding communities at
risk. The route changes will, however, serve to increase the safety and
efficiency of air traffic operations at the airports as part of a
solution to the longstanding issues of air traffic congestion and
delays.

Environmental Issues

    The majority of the comments received dealt with one or more
environmental concerns. Many opposed the changes stating that
additional environmental study was required. The FAA does not agree.
The National Environmental Policy Act (NEPA) requires the FAA to
conduct an environmental review prior to implementing any Federal
action, such as the implementation of new or amended air traffic
procedures. All of the routes described in this rulemaking were
reviewed accordingly. Public comments received in response to the NPRM
were considered during this

review, as well as the potential for extraordinary circumstances
resulting from these new and amended routes.
    Others believed that the ATS route changes significantly modify the
NY/NJ/PHL Metropolitan Area Airspace Redesign project, approved in
2007. None of the ATS routes contained in this action impact the
findings in the NY/NJ/PHL Metropolitan Area Airspace Redesign
Environmental Impact Statement (EIS).
    Some commenters called for the FAA to conduct an EIS, as was done
for the NY/NJ/PHL Metropolitan Area Airspace Redesign, and to obtain
air quality sampling information.\1\ An EIS is not warranted for these
actions because the routes are too high to create a significant noise
impact. Furthermore, implementation of the ATS routes in this rule are
expected to improve overall fuel savings and therefore, would decrease
air quality impacts.
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    \1\ The FAA did prepare an EIS for the NY/NJ/PHL Metropolitan
Area Airspace Redesign project. The EIS contained a fuel burn
analysis resulting in a ``presumed to conform'' air quality
determination. The FAA also published noise impacts attributed to
the NY/NJ/PHL Airspace Redesign project in a report titled ``Noise
Mitigation Report,'' dated April 6, 2007. This report can be found
on the project Web site at the following link: http://www.faa.gov/air_traffic/nas_redesign/regional_guidance/eastern_reg/nynjphl_redesign/documentation/media.Noise_Mitigation_Report.pdf.
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    The five ATS routes that are amended in this rule (J-60, Q-42, Q-
406, Q-448 and Q-480) are in the high altitude structure and their
lowest base altitude is 18,000 feet MSL.\2\ Since the base altitude of
the routes is 18,000 feet MSL, no noise analysis is required. (See 65
FR 76339; December 6, 2000.) Route Q-62 is a new high altitude route
which also has a base altitude of 18,000 feet MSL and does not require
noise analysis. Additionally, Q-62 overlies an existing jet route J-64.
Routes V-16, V-229, and V-449 are existing routes in the low altitude
structure. These routes include altitudes between 10,000 and 18,000
feet MSL which are utilized primarily by single-engine propeller-driven
aircraft. Because of the altitudes of those routes, no noise analysis
is required.\3\ (See 65 FR 76339; December 6, 2000.)
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    \2\ These five ATS routes were studied in the NY/NJ/PHL
Metropolitan Area Airspace Redesign (EIS).
    \3\ Routes Q-62, V-16, V-229, and V-499 were not included in the
NY/NJ/PHL Metropolitan Area Airspace Redesign EIS.
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    The noise information in the Noise Mitigation Report is not
expected to change as a result of this rule because, as previously
discussed, the majority of the ATS changes in this rule occur above
10,000 feet MSL. Additionally, both V-16 and V-229 were realigned
slightly in order to provide airspace for aircraft departing John F.
Kennedy International Airport (JFK) to conduct unrestricted climbs to
their en route altitudes. This change not only reduces noise in areas
surrounding JFK by getting aircraft to higher altitudes faster, it also
helps to deconflict air traffic.
    Some communities felt that they are unfairly impacted by low flying
aircraft and that traffic should be spread by using other airways. The
area near LaGuardia Airport (LGA) was cited as an example. It should be
emphasized that the ATS route changes in this rule will not result in
additional air traffic volume. Instead, the routes are designed to
provide operational improvements in the existing en route airway
structure to handle existing air traffic in a safe and more efficient
manner. Further, these route changes do not change the flight tracks
into and out of LGA. The FAA reviewed LGA's arrival and departure
flight tracks and found that procedures in use at LGA have not
undergone any significant changes since October 2007. The arrival and
departure routes for LGA (and any other airport) depend on a variety of
factors including: runway in use, weather, the aircraft's destination,
the proximity of other airports and air traffic to and from those
airports. The procedures that take departing aircraft from the runway
up to join their intended airway in the en route structure, or bring
arriving aircraft down from the en route airway structure to the
runway, are designed to maintain safety and efficiency. This is
especially important in a complex airspace area, such as New York with
its several major airports (JFK, LGA, Newark-Liberty International,
etc.) being in such close proximity.
    The amendments to these ATS routes do not trigger any extraordinary
circumstances, and therefore an environmental assessment is not
warranted. The FAA has determined that this action is categorically
excluded in accordance with FAA Order 1050.1E, paragraphs 311a, 311b
and 311i.

Differences From NPRM

    There are no changes to the descriptions of ATS Routes Q-42, Q-62,
V-16, and V-229 from that published in the NPRM. Minor changes or edits
were made to J-60, Q-406, Q-480 and Q-448, as described below. J-60 has
been modified slightly from the proposal. The position of the dog-leg
referenced in the NPRM (northwest of East Texas, PA VOR/DME) was moved
0.3 nautical miles southeast of the proposed position along the path of
the original J-60. From this point, the airway turns and proceeds
directly to the SPARTA VORTAC. This caused the NEWEL intersection
(SPARTA, NJ 253[deg] radial and the Broadway, NJ 295[deg] radial) to be
moved 0.58 nautical miles to the southeast. These changes simplify
navigation by creating a single dog-leg, removing all references to
Ravine, PA and the Broadway, NJ and using only the Philipsburg, PA and
Sparta, NJ bearings as a reference for this portion of the airway.
    An editorial change is made to Q-406 and Q-448 by changing the name
of one waypoint in the description from JEETR to DBABE. After
publication of the NPRM, it was found that a similar sounding fix
(JETER) already existed in the NAS within 120 miles of the proposed
JEETR. To avoid confusion, and in the interest of safety, the waypoint
name change is being made. It is important to note that the latitude
and longitude of this waypoint did not change from that set forth in
the NPRM and, therefore, the alignment of Q-406 and Q-448 remains the
same as proposed.
    A minor change to the position of the CANDR waypoint affects the
description of Q-480. The proposed position of CANDR was lat.
40[deg]58'02'' N., long. 74[deg]57'30'' W. As a result of refinements
aligning CANDR as an intersection on J-60, Q-480 and the DEEZZ Standard
Instrument Departure Procedure, the latitude/longitude position of
CANDR was adjusted by 0.38 nautical miles. The revised CANDR
coordinates are lat. 40[deg]57'59.35'' N., long. 74[deg]57'28.70'' W.
    Due to rounding, the CANDR coordinates in the Q-480 legal
description are lat. 40[deg]57'59''N., long. 74[deg]57'29''W.
    The routing of V-449 differs from the NPRM in that the proposed
segment that extended between the Selinsgrove, PA VORTAC and the
Milton, PA VORTAC has been deleted. Flight inspection of that segment
could not be completed in the allotted time, so the segment is being
deleted from the route description.

The Rule

    This action amends Title 14 Code of Federal Regulation (14 CFR)
part 71 by modifying existing routes J-60, Q-42, V-16, V-229 and V-449.
J-60 is realigned to help reduce congestion and converging en route
aircraft flows, and to mitigate a choke point over the existing ELIOT
departure fix.
    RNAV route Q-42 is amended by deleting the current segments between
the BRNAN, PA, waypoint (WP) and ELIOT, PA, WP and replacing them with
segments extending from BRNAN WP to new WPs HOTEE, PA; BTRIX, PA;
SPOTZ, PA, and terminating at a new waypoint ZIMMZ, NJ. This change
will

also help reduce converging flows and congestion.
    VOR Federal airways V-16 and V-229 are amended by inserting a
dogleg north of their present courses by following the Kennedy VOR/DME
040[deg] radial northeast of Kennedy VOR/DME. V-16 then turns east
bound, bypassing the Deer Park VOR/DME, then proceeds to the Calverton
VOR/DME and resumes its current course. V-229 is also modified along
the Kennedy VOR/DME 040[deg] radial, then turns eastbound to re-
intercept its current course toward the Bridgeport, CT, VOR/DME. The V-
16 and V-229 changes are intended to free up airspace to accommodate a
climb corridor for John F. Kennedy International Airport (JFK)
departures.
    V-449, which currently extends between the Lake Henry, PA, VORTAC
and the Albany, NY, VORTAC, is lengthened westward by adding a new
segment that extends between the Milton, PA, VORTAC and the Lake Henry,
PA, VORTAC. This change will facilitate routing for arrivals into La
Guardia Airport.
    Four new RNAV routes are being established and designated as Q-62,
Q-406, Q-448 and Q-480. Q-62 will enhance westward flows, reduce
congestion and provide flexibility for aircraft entering the Cleveland
ARTCC area and routings toward Chicago.
    Q-406, Q-448 and Q-480, along with the amended Q-42, will reduce
current converging en route flows that result from dependency on
ground-based navigation aids. The new Q-route segments will permit some
alignment with New York departure fixes NEWEL, CANDR and ZIMMZ. These
new fixes will be used for departures from the New York metropolitan
area airports to transition and merge aircraft from the terminal
structure into the high altitude en route structure and vice versa. In
addition, the new routes will relieve congestion by providing alternate
routings for aircraft landing at airports outside the New York
Metropolitan area.
    Jet routes are published in paragraph 2004, high altitude RNAV
routes are published in paragraph 2006, and VOR Federal airways are
published in paragraph 6010, respectively, of FAA Order 7400.9V dated
August 9, 2011, and effective September 15, 2011, which is incorporated
by reference in 14 CFR 71.1. The jet routes, high altitude RNAV routes
and VOR Federal airways listed in this document will be subsequently
published in the Order.
    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.
Therefore, this regulation: (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 because 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 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.
    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
because it modifies the route structure of Jet Routes as required to
preserve the safe and efficient flow of air traffic.
    Radials listed in this rule are expressed in degrees relative to
True North.

Environmental Review

    The FAA has determined that this action is categorically excluded
from further environmental documentation according to FAA Order
1050.1E, paragraph 311a, 311b, and 311i. The implementation of this
action will not result in any extraordinary circumstances in accordance
with paragraph 304 of Order 1050.1E.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

    Authority:  49 U.S.C. 106(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 7400.9V,
Airspace Designations and Reporting Points, dated August 9, 2011 and
effective September 15, 2011, is amended as follows:

Paragraph 2004 Jet Routes

* * * * *

J-60 [Amended]

    From Los Angeles, CA; via Paradise, CA; Hector, CA; Boulder
City, NV; Bryce Canyon, UT; Hanksville, UT; Red Table, CO; Mile
High, CO; Hayes Center, NE; Lincoln, NE; Iowa City, IA; Joliet, IL;
Goshen, IN; DRYER, OH; Philipsburg, PA; INT Philipsburg 100[deg] and
Sparta, NJ, 253[deg] radials to Sparta, NJ.
* * * * *

Paragraph 2006 United States Area Navigation Routes

* * * * *

Q42 Kirksville, MO (IRK) to ZIMMZ, NJ [Amended]

Kirksville, MO (IRK)............  VORTAC.................  (Lat. 40[deg]08'06'' N., long. 92[deg]35'30'' W.)
STRUK, IL.......................  WP.....................  (Lat. 40[deg]14'04'' N., long. 90[deg]18'22'' W.)
Danville, IL (DNV)..............  VORTAC.................  (Lat. 40[deg]17'38'' N., long. 87[deg]33'26'' W.)
Muncie, IN (MIE)................  VOR/DME................  (Lat. 40[deg]14'14'' N., long. 85[deg]23'39'' W.)
HIDON, OH.......................  WP.....................  (Lat. 40[deg]10'00'' N., long. 81[deg]37'27'' W.)
BUBAA, OH.......................  WP.....................  (Lat. 40[deg]10'27'' N., long. 80[deg]58'17'' W.)
PSYKO, PA.......................  WP.....................  (Lat. 40[deg]08'37'' N., long. 79[deg]09'13'' W.)
BRNAN, PA.......................  WP.....................  (Lat. 40[deg]08'07'' N., long. 77[deg]50'07'' W.)
HOTEE, PA.......................  WP.....................  (Lat. 40[deg]20'36'' N., long. 76[deg]29'37'' W.)
BTRIX, PA.......................  WP.....................  (Lat. 40[deg]36'06'' N., long. 75[deg]49'11'' W.)
SPOTZ, PA.......................  WP.....................  (Lat. 40[deg]45'55'' N., long. 75[deg]22'59'' W.)
ZIMMZ, NJ.......................  WP.....................  (Lat. 40[deg]48'11'' N., long. 75[deg]07'25'' W.)

                                                  * * * * * * *
Q62 NOLNN, OH to SARAA, PA [New]

NOLNN, OH.......................  WP.....................  (Lat. 41[deg]14'04'' N., long. 84[deg]38'12'' W.)
WEEVR, OH.......................  WP.....................  (Lat. 41[deg]13'21'' N., long. 84[deg]13'04'' W.)
PSKUR, OH.......................  WP.....................  (Lat. 41[deg]09'16'' N., long. 82[deg]42'57'' W.)
FAALS, OH.......................  WP.....................  (Lat. 41[deg]02'51'' N., long. 80[deg]52'40'' W.)
ALEEE, OH.......................  WP.....................  (Lat. 41[deg]00'28'' N., long. 80[deg]31'54'' W.)
QUARM, PA.......................  WP.....................  (Lat. 40[deg]49'45'' N., long. 79[deg]04'39'' W.)
BURNI, PA.......................  FIX....................  (Lat. 40[deg]39'25'' N., long. 77[deg]48'14'' W.)
MCMAN, PA.......................  FIX....................  (Lat. 40[deg]38'16'' N., long. 77[deg]34'14'' W.)
VALLO, PA.......................  FIX....................  (Lat. 40[deg]37'37'' N., long. 77[deg]26'18'' W.)
Ravine, PA (RAV)................  VORTAC.................  (Lat. 40[deg]33'12'' N., long. 76[deg]35'58'' W.)
SUZIE, PA.......................  FIX....................  (Lat. 40[deg]27'12'' N., long. 75[deg]58'22'' W.)
SARAA, PA.......................  FIX....................  (Lat. 40[deg]26'22'' N., long. 75[deg]53'16'' W.)

Q406 Broadway, NJ (BWZ) to Barnes, MA (BAF) [New]

Broadway, NJ (BWZ)..............  VOR/DME................  (Lat. 40[deg]47'54'' N., long. 74[deg]49'19'' W.)
DBABE, NY.......................  WP.....................  (Lat. 41[deg]08'30'' N., long. 74[deg]05'46'' W.)
BASYE, NY.......................  FIX....................  (Lat. 41[deg]20'37'' N., long. 73[deg]47'55'' W.)
TRIBS, CT.......................  WP.....................  (Lat. 41[deg]39'29'' N., long. 73[deg]19'03'' W.)
BIGGO, CT.......................  FIX....................  (Lat. 41[deg]57'21'' N., long. 73[deg]04'05'' W.)
Barnes, MA (BAF)................  VORTAC.................  (Lat. 42[deg]09'43'' N., long. 72[deg]42'58'' W.)

Q448 Pottstown, PA (PTW) to Barnes, MA (BAF) [New]

Pottstown, PA (PTW).............  VORTAC.................  (Lat. 40[deg]13'20'' N., long. 75[deg]33'37'' W.)
LANNA, NJ.......................  FIX....................  (Lat. 40[deg]33'35'' N., long. 75[deg]01'40'' W.)
DBABE, NY.......................  WP.....................  (Lat. 41[deg]08'30'' N., long. 74[deg]05'46'' W.)
BASYE, NY.......................  FIX....................  (Lat. 41[deg]20'37'' N., long. 73[deg]47'55'' W.)
TRIBS, CT.......................  WP.....................  (Lat. 41[deg]39'29'' N., long. 73[deg]19'03'' W.)
BIGGO, CT.......................  FIX....................  (Lat. 41[deg]57'21'' N., long. 73[deg]04'05'' W.)
Barnes, MA (BAF)................  VORTAC.................  (Lat. 42[deg]09'43'' N., long. 72[deg]42'58'' W.)

Q480 ZANDR, OH to Kennebunk, ME (ENE) [New]

ZANDR, OH.......................  FIX....................  (Lat. 40[deg]00'19'' N., long. 81[deg]31'58'' W.)
Bellaire, OH (AIR)..............  VOR/DME................  (Lat. 40[deg]01'01'' N., long. 80[deg]49'02'' W.)
LEJOY, PA.......................  FIX....................  (Lat. 40[deg]00'12'' N., long. 79[deg]24'54'' W.)
VINSE, PA.......................  FIX....................  (Lat. 39[deg]58'16'' N., long. 77[deg]57'21'' W.)
BEETS, PA.......................  WP.....................  (Lat. 39[deg]57'20'' N., long. 77[deg]26'59'' W.)
HOTEE, PA.......................  WP.....................  (Lat. 40[deg]20'36'' N., long. 76[deg]29'37'' W.)
BTRIX, PA.......................  WP.....................  (Lat. 40[deg]36'06'' N., long. 75[deg]49'11'' W.)
SPOTZ, PA.......................  WP.....................  (Lat. 40[deg]45'55'' N., long. 75[deg]22'59'' W.)
CANDR, NJ.......................  WP.....................  (Lat. 40[deg]57'59'' N., long. 74[deg]57'29'' W.)
JEFFF, NJ.......................  WP.....................  (Lat. 41[deg]14'46'' N., long. 74[deg]27'43'' W.)
Kingston, NY (IGN)..............  VOR/DME................  (Lat. 41[deg]39'56'' N., long. 73[deg]49'20'' W.)
LESWL, CT.......................  WP.....................  (Lat. 41[deg]53'31'' N., long. 73[deg]19'20'' W.)
Barnes, MA (BAF)................  VORTAC.................  (Lat. 42[deg]09'43'' N., long. 72[deg]42'58'' W.)
Kennebunk, ME (ENE).............  VORTAC.................  (Lat. 43[deg]25'32'' N., long. 70[deg]36'49'' W.)

* * * * *

Paragraph 6010 VOR Federal Airways

V-16 [Amended]

    From Los Angeles, CA; Paradise, CA; Palm Springs, CA; Blythe,
CA; Buckeye, AZ; Phoenix, AZ; INT Phoenix 155[deg] and Stanfield,
AZ, 105[deg] radials; Tucson, AZ; Cochise, AZ; Columbus, NM; El
Paso, TX; Salt Flat, TX; Wink, TX; INT Wink 066[deg] and Big Spring,
TX, 260[deg] radials; Big Spring; Abilene, TX; Bowie, TX; Bonham,
TX; Paris, TX; Texarkana, AR; Pine Bluff, AR; Marvell, AR; Holly
Springs, MS; Jacks Creek, TN; Shelbyville, TN; Hinch Mountain, TN;
Volunteer, TN; Holston Mountain, TN; Pulaski, VA; Roanoke, VA;
Lynchburg, VA; Flat Rock, VA; Richmond, VA; INT Richmond 039[deg]
and Patuxent, MD, 228[deg] radials; Patuxent; Smyrna, DE; Cedar
Lake, NJ; Coyle, NJ; INT Coyle 036[deg] and Kennedy, NY, 209[deg]
radials; Kennedy; INT Kennedy 040[deg] and Calverton, NY, 261[deg]
radials; Calverton; Norwich, CT;
    Boston, MA. The airspace within Mexico and the airspace below
2,000 feet MSL outside the United States is excluded. The airspace
within Restricted Areas R-5002A, R-5002C, and R-5002D is excluded
during their times of use. The airspace within Restricted Areas R-
4005 and R-4006 is excluded.

V-229 [Amended]

    From Patuxent, MD; INT Patuxent 036[deg] and Atlantic City, NJ,
236[deg] radials; Atlantic City; INT Atlantic City 055[deg] and
Colts Neck, NJ, 181[deg] radials; INT Colts Neck 181[deg] and
Kennedy, NY, 209[deg] radials; Kennedy; INT Kennedy 040[deg] and
Calverton, NY, 261[deg] radials; INT Calverton 261[deg] and Kennedy
053[deg] radials; INT Kennedy 053[deg] and Bridgeport, CT, 200[deg]
radials; Bridgeport; Hartford, CT; INT Hartford 040[deg] and
Gardner, MA, 195[deg] radials; Gardner; Keene, NH; INT Keene
336[deg] and Burlington, VT, 160[deg] radials; to Burlington. The
airspace within R-5002B is excluded during times of use. The
airspace below 2,000 feet MSL outside the United States is excluded.

V-449 [Amended]

    From Milton, PA; INT Milton 064[deg] and Williamsport, PA
109[deg] radials; Lake Henry, PA; DeLancey, NY; Albany, NY.

    Issued in Washington, DC on September 12, 2011.
Gary A. Norek,
Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2011-23839 Filed 9-16-11; 8:45 am]
BILLING CODE 4910-13-P