[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Notices]
[Pages 38761-38762]
[FR Doc No: 2018-16870]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

FAA Approval of Noise Compatibility Program 14 CFR Part 150;
Jackson Hole Airport, Jackson, WY

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
findings (Record of Approval) on the noise compatibility program
submitted by the Jackson Hole Airport under the provisions of the
Aviation Safety and Noise Abatement Act, (hereinafter referred to as
``the Act'') and 14 CFR part 150 (Part 150). On March 23, 2018, the FAA
determined that the noise exposure maps submitted by the Jackson Hole
Airport under Part 150 were in compliance with applicable requirements.
On August 1, 2018 the FAA approved the Jackson Hole Airport Noise
Compatibility Program. Five of the 15 measures recommended in the noise
compatibility plan was approved and ten measures were disapproved for
the purposes of Part 150. Three of the approved recommendations were
approved as a continuation of a measure approved in a prior ROA, one
was approved as voluntary, and one was approved for the purposes of
Part 150. The attachment to this ROA provides a summary of all of the
recommendations in the three NCPs (1985, 2004 and 2018) for JAC along
with FAA's decision and the status of each.

DATES: Effective Date: The effective date of the FAA's approval of the
Jackson Hole Airport Noise Compatibility Program is August 1, 2018.

FOR FURTHER INFORMATION CONTACT: Kandice Krull, Federal Aviation
Administration, Denver Airports District Office, 26805 E 68th Ave.,
Suite 224, Denver, CO 80249, telephone<PHONE_NUMBER>. Documents
reflecting this FAA action may be reviewed at this same location.

SUPPLEMENTARY INFORMATION:  This notice announces that the FAA has
given its overall approval to the noise compatibility program for the
Jackson Hole Airport, effective August 1, 2018.
    Under section 47504 of the Act, an airport operator who has
previously submitted a noise exposure map may submit to the FAA a noise
compatibility program which sets forth the measures taken or proposed
by the airport operator for the reduction of existing non-compatible
land uses and prevention of additional non-compatible land uses within
the area covered by the noise exposure maps. The Act requires such
programs to be developed in consultation with interested and affected
parties including local communities, government agencies, airport
users, and FAA personnel.
    Each airport noise compatibility program developed in accordance
with the Part 150 regulations is a local program, not a Federal
program. The FAA does not substitute its judgment for that of the
airport proprietor with respect to which measures should be recommended
for action. The FAA's approval or disapproval of Part 150 program
recommendations is measured according to the standards expressed in
Part 150 and the Act and is limited to the following determinations:
    a. The noise compatibility program was developed in accordance with
the provisions and procedures of Part 150;
    b. Program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
    c. Program measures would not create an undue burden on interstate
or foreign

commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas preempted by the Federal Government; and
    d. Program measures relating to the use of flight procedures can be
implemented within the period covered by the program without derogating
safety, adversely affecting the efficient use and management of the
navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator
prescribed by law.
    Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in Part 150, section 150.5.
Approval is not a determination concerning the acceptability of land
uses under Federal, state, or local law. Approval does not by itself
constitute an FAA implementing action. A request for Federal action or
approval to implement specific noise compatibility measures may be
required, and an FAA decision on the request may require an
environmental review of the proposed action. Approval does not
constitute a commitment by the FAA to financially assist in the
implementation of the program nor a determination that all measures
covered by the program are eligible for grant-in-aid funding from the
FAA. Where federal funding is sought, requests for project grants must
be submitted to the FAA Denver Airports District Office in Denver, CO.
The Jackson Hole Airport submitted to the FAA on March 21, 2018 the
noise exposure maps, descriptions, and other documentation produced
during the noise compatibility planning study for the Jackson Hole
Airport conducted in 2013-2018. The Jackson Hole Airport noise exposure
maps were determined by FAA to be in compliance with applicable
requirements on March 23, 2018. Notice of this determination was
published in the Federal Register on April 5, 2018 (FR Volume 83, No.
66, pages 14713-14714).
    Comments received during the noise compatibility planning public
process were addressed in the final noise compatibility program
submitted to FAA. No comments were received during the 60-day public
comment period for the Jackson Hole Airport Noise Compatibility Program
that ended May 22, 2018.
    The Jackson Hole Airport study contains a proposed noise
compatibility program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions. It was
requested that the FAA evaluate and approve this material as a noise
compatibility program as described in section 47504 of the Act. The FAA
began its review of the program on March 23, 2018, and was required by
a provision of the Act to approve or disapprove the program within 180
days (other than the use of new or modified flight procedures for noise
control). Failure to approve or disapprove such program within the 180-
day period shall be deemed to be an approval of such program.
    The submitted program contained six (6) noise abatement
recommendations, two (2) land use management recommendations and seven
(7) program management recommendations for FAA action. The FAA
completed its review and determined that the procedural and substantive
requirements of the Act and Part 150 have been satisfied. The overall
program therefore, was approved by the FAA on August 1, 2018.
    Approval was granted for five of the 15 measures and ten measures
were disapproved for the purposes of Part 150. Three of the approved
recommendations were approved as a continuation of a measure approved
in a prior ROA, one was approved as voluntary, and one was approved for
the purposes of Part 150. The attachment to this ROA provides a summary
of all of the recommendations in the three NCPs for JAC along with
FAA's decision and the status of each.
    These determinations are set forth in detail in a Record of
Approval signed by the Airports Division Manager, Northwest Mountain
Region on August 1, 2018. The Record of Approval, as well as other
evaluation materials and the documents comprising the submittal are
available for review at the FAA office listed above and at the Jackson
Hole Airport, 1250 E Airport Road, Jackson, WY 83001. The Record of
Approval also will be available on-line at http://www.faa.gov/airports/environmental/airport_noise/part_150/states/.

    Issued in Renton, Washington on August 1, 2018.
Randall S. Fiertz,
Manager, Airports Division, Northwest Mountain Region.
[FR Doc. 2018-16870 Filed 8-6-18; 8:45 am]
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[Federal Register: November 14, 2008 (Volume 73, Number 221)]
[Notices]
[Page 67564-67565]
[DOCID:fr14no08-134]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No: FAA-2008-1208]

 Helicopter Emergency Medical Services Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of and requests
comments on revisions to Operations Specification A021, pertaining to
Helicopter Emergency Medical Services (HEMS) operations, and Operation
Specification A050, pertaining to Helicopter Night Vision Goggle
Operations (HNVGO).

DATES: We must receive your comments by December 15, 2008.

ADDRESSES: You may send comments identified by Docket Number FAA-2008-
1208 using the following method:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the on-line instructions for sending
your comments electronically.

FOR FURTHER INFORMATION CONTACT: For technical questions regarding the
A021 and A050 Operations Specifications revisions, contact: Larry
Buehler, 135 Air Carrier Operations Branch, AFS-250, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>For legal
questions concerning this notice, contact: Dean Griffith, FAA Office of
the Chief Counsel, AGC-220, 800 Independence Avenue, SW., Washington,
DC 20591; telephone<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to comment on the revised Operations
Specification A021, pertaining to HEMS operations, and Operation
Specification A050, pertaining to HNVGO by sending written data, views,
or arguments. You should include the Federal docket number FAA-2008-
1208 in your comments. We will consider all communications received by
the closing date for comments.

Availability of Document

    The revised Operations Specifications A021 (HEMS) and A050 (HNVGO)
can be found and downloaded from the Internet at the following sites:
     FAA Web site: http://www.faa.gov/about/office_org/
headquarters_offices/avs/offices/afs/afs200/branches/afs250/
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and search for the documents using the Federal
docket number FAA-2008-1208.

Discussion

    The FAA has determined that safety in air commerce and the public
interest requires additional hazard mitigation for HEMS operations, and
therefore has revised Operations Specifications A021 and A050 pursuant
to 14 CFR 119.51.
    The A021 revisions specify that if a flight, or sequence of
flights, includes a part 135 segment then all visual flight rules (VFR)
segments of the flight must be conducted within the weather minimums
and minimum safe cruise altitude determined in pre-flight planning.
Specifically, A021 requires pilots to identify a minimum safe cruise
altitude during pre-flight planning by identifying and documenting
obstructions and terrain along the planned flight path. HEMS pilots
must also determine the minimum required ceiling and visibility to
conduct the flight using the revised weather minimums contained in
A021.
    Revised Operations Specification A021 also permits HEMS instrument
flight rules (IFR) operations at landing areas without weather
reporting if an approved weather reporting source is located within 15
nautical miles of the landing area or if an area forecast is available.
    Revised Operations Specification A050 changes weather minimums for
HNVGO conducted in Class G Airspace to be consistent with changes made
to the Class G Airspace minimums in A021.
    The full text of the changes to Operations Specifications A021 and
A050 are available on the FAA Web site and on http://
www.regulations.gov as discussed above.

    Issued in Washington, DC, on November 10, 2008.
Greg Kirkland,
Air Transportation Division, Acting Manager AFS-200.
 [FR Doc. E8-27137 Filed 11-13-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58848-58849]
[FR Doc No: 2014-23156]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-84]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and

participation in, this aspect of FAA's regulatory activities. Neither
publication of this notice nor the inclusion or omission of information
in the summary is intended to affect the legal status of the petition
or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before October 20, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2014-
0692 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, 800
Independence Avenue SW., Washington, DC 20951.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on September 24, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2014-0692.
    Petitioner: Phoenix Air UNMANNED, LLC.
    Section of 14 CFR: parts 21 subpart H, 27, 45.23(b), 45.27(a),
91.7(a), 91.9(b)(2) and (c), 91.103, 91.109(a), 91.119, 91.121,
91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2),
and 91.417(a) and (b).
    Description of Relief Sought: The petitioner, a member of the
Phoenix Air Group family of companies, is seeking an exemption to
commercially operate small unmanned aircraft systems (sUAS), weighing
less than 55 pounds with payload, for on-demand service to a host of
industries and applications including: Flare stack inspections,
utility-power generation system inspections and patrolling, pipeline
inspection and patrolling, filmmaking, cinematography, videography,
precision agriculture, wildlife and forestry monitoring, aerial
surveying, construction site inspection and monitoring, and public
entity support operations.
[FR Doc. 2014-23156 Filed 9-29-14; 8:45 am]
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[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Page 27947]
[FR Doc No: 2017-12686]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Aircraft Noise
Certification Documents for International Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew a previously approved
information collection. This collection ensures that U.S. operators
have proper noise certification information when they fly outside the
U.S., in compliance with ICAO, Annex 16, Volume 1, Amendment 8.

DATES: Written comments should be submitted by August 18, 2017.

ADDRESSES: Send comments to the FAA at the following address: Ronda
Thompson, Federal Aviation Administration, ASP-110, 800 Independence
Ave. SW., Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0737.
    Title: Aircraft Noise Certification Documents for International
Operations.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: 14 CFR part 91 requires operators of U.S. registered
civil aircraft flying outside the United States to carry aircraft noise
certification information on board. This rule is needed to ensure
consistent compliance with the ICAO, Annex 16, Volume 1, Amendment 8
that requires certain noise information be carried on board the
aircraft. The rule requires that this information be easily accessible
to the flight crew and presentable upon request to the appropriate
foreign officials.
    Respondents: Approximately 73 operators of aircraft currently
registered to U.S. mainline air carriers.
    Frequency: On occasion.
    Estimated Average Burden per Response: 25 minutes.
    Estimated Total Annual Burden: 31 hours.

    Issued in Washington, DC, on June 5, 2017.
Ronda L. Thompson,
FAA Information Collection Clearance Officer, Performance, Policy, and
Records Management Branch, ASP-110.
[FR Doc. 2017-12686 Filed 6-16-17; 8:45 am]
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[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Notices]
[Page 77101-77102]
[DOCID:fr18de08-135]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

1st Meeting--Special Committee 222--Inmarsat Aeronautical Mobile
Satellite (Route) Services

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 222 meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 222: Inmarsat Aeronautical Mobile
Satellite (Route) Services.

DATES: The meeting will be held January 15-16, 2009 from: 1 p.m. to
5:30 p.m. January 15 and 8 a.m. to Noon on January 16.

ADDRESSES: The meeting will be held at Cocoa Beach Hilton, Cocoa Beach,
FL. (This meeting is held in conjunction with the AEEC Air-Ground
Communications Subcommittee meeting.) For hotel information and driving
directions see http://www.aviation-ia.com/events/AirGroundAnnounce.pdf

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW,
Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 222, Inmarsat Aeronautical
Mobile Satellite (Route) Services. The agenda will include:

January 15

     Opening Plenary Session (Greetings and Introductions).
     RTCA specific information: Presented by Dr. LaBerge.
     Overview of activity background.
     Background on ICAO/RTCA NGSS process.
     Background on MSV Auxiliary Terrestrial Component (ATCt)
technology.
     Background on DO-210D issues.
     Review of Authorizing Document (Terms of Reference) as
approved by Program Management Committee on October 2, 2008.
     Discussion of and action on committee planning items in
Terms of Reference (TOR).
     Discussion of technical items as developed in Agenda Item
4.
     Technical approach to ATCt assessment: basic methodology,
structure, effect on and input to RTCA documents.
     Technical approach to Swift Broadband AMS(R)S: basic
methodology, structure, documents to be prepared, etc.
    Discussions continued on Friday, as necessary.

January 16

     SC-222 work task organization and working groups, if
necessary
     Discussion of proprietary issues, if any. RTCA, Inc. has
specific policies regarding the inclusion of proprietary technology in
an RTCA Standard document. This discussion will provide a preliminary
look at whether the

proprietary policies of RTCA will be relevant to the SC-222
deliberations.
     Discussion of meeting summary, if necessary
     Schedule next meeting, adjourn (No later than January 16,
Noon)
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC on December 11, 2008.
Francisco Estrada C.,
RTCA Advisory Committee.
 [FR Doc. E8-30033 Filed 12-17-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Rules and Regulations]
[Pages 12435-12437]
[FR Doc No: 2020-04258]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0315; Airspace Docket No. 18-ANM-3]
RIN 2120-AA66

Amendment of Class E Airspace; Astoria, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Astoria Regional
Airport, Astoria, OR. The Class E Surface area will be reduced to
contain published IFR departure and arrival procedures. This action
also adds two Class E airspace areas, designated as an extension to a
Class D or Class E surface area. Additionally, this action amends the
Class E airspace extending upward from 700 or more above the surface by
reducing dimensions of the airspace. The airspace reduction will
properly size the airspace to contain IFR arrivals descending below
1,500 feet above the surface and IFR departures until reaching 1,200
feet above the surface. Further, this action makes several
administrative corrections to the airport's legal description.

DATES: Effective 0901 UTC, May 21, 2020. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, 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 Airspace Policy Group, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email

<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 68827; December 17, 2019) for Docket No. FAA-2019-0315
to amend Class E airspace at Astoria Regional Airport, Astoria, OR.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E2, E4 and E5 airspace designations are published in
paragraph 6002, 6004 and 6005, respectively, of FAA Order 7400.11D,
dated August 8, 2019, and effective September 15, 2019, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document will be published subsequently in
the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace, designated as a surface area, at
Astoria Regional Airport, Astoria, OR, to properly contain IFR aircraft
as follows: That airspace extending upward from the surface within a 4-
mile radius of the airport beginning at the 350[deg] bearing from the
airport, clockwise to the 239[deg] bearing from the airport, thence
along the 239[deg] bearing to a 5-miles radius, clockwise to the
350[deg] bearing from the airport, thence along the 350[deg] bearing to
the 4-miles radius of the Astoria Regional Airport, excluding that
airspace within a 1-mile radius of the Camp Rilea Army Heliport.
    Also, this action amends the Class E airspace by adding two Class E
airspace areas, designated as an extension to a Class D or Class E
surface area. These areas would properly contain IFR arrivals
descending below 1,000 feet above the surface of the earth as follows;
That airspace extending upward from the surface within 1.1 miles each
side of the 095[deg] bearing from the airport, extending from the 4-
mile radius to 9.3 miles east of the airport, and within 2.4 miles each
side of the 267[deg] bearing from the airport, extending from the 5-
mile radius to 7.1 miles west of the Astoria Regional Airport.
    Additionally, this action amends the Class E airspace areas
extending upward from 700 feet or more above the surface of the earth
at the airport. The action reduces the overall dimensions of the area
and properly sizes it to contain IFR departures and arrivals as
follows; That airspace extending from 700 feet above the surface within
an 8-mile radius of the airport, and within 4 miles each side of the
095[deg] bearing from the airport, extending from the 8-mile radius to
18.8 miles east of the airport, and 4.3 miles north and 7.8 miles south
of the 265[deg] bearing from the airport, extending from the 8-mile
radius to 16.1 miles west of the Astoria Regional Airport.
    Further, this action makes administrative corrections to the
airport's Class E2 and Class E5 legal descriptions. The Class E2
airspace should be full time; the following two sentences do not
accurately represent the time of use for the Class E2 airspace and are
removed from the legal description: ``This Class E airspace area is
effective during specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Airport/Facility Directory.''
    The action also removes the Seaside Municipal Airport from the
Class E5 legal description because the Class E5 700 foot airspace no
longer overlies the Seaside Municipal Airport.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

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

Environmental Review

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

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 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ANM OR E2 Astoria, OR [Amended]

Astoria Regional Airport, Astoria, OR
    (Lat. 46[deg]09'29'' N, long. 123[deg]52'43'' W)
Camp Rilea Army Heliport
    (Lat. 46[deg]06'59'' N, long. 123[deg]55'54'' W)

    That airspace extending upward from the surface within a 4-mile
radius of the airport beginning at the 350[deg] bearing from the
airport, clockwise to the 239[deg] bearing from the airport, thence
along the 239[deg] bearing to a 5-miles radius, clockwise to the
350[deg] bearing from the airport, thence along the 350[deg] bearing
to the 4-miles radius of the Astoria Regional Airport, excluding
that airspace within a 1-mile radius of the Camp Rilea Army
Heliport.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

ANM OR E4 Astoria, OR [New]

Astoria Regional Airport, Astoria, OR
    (Lat. 46[deg]09'29'' N, long. 123[deg]52'43'' W)

    That airspace extending upward from the surface within 1.1 miles
each side of the 095[deg] bearing from the airport, extending from
the 4-mile radius to 9.3 miles east of the airport, and within 2.4
miles each side of the 267[deg] bearing from the airport, extending
from the 5-mile radius to 7.1 miles west of the Astoria Regional
Airport.

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

* * * * *

ANM OR E5 Astoria, OR [Amended]

Astoria Regional Airport, Astoria, OR
    (Lat. 46[deg]09'29'' N, long. 123[deg]52'43'' W)

    That airspace extending upward from 700 feet above the surface
within an 8-mile radius of the airport, and within 4 miles each side
of the 095[deg] bearing from the airport, extending from the 8-mile
radius to 18.8 miles east of the airport, and 4.3 miles north and
7.8 miles south of the 265[deg] bearing from the airport, extending
from the 8-mile radius to 16.1 miles west of the Astoria Regional
Airport.

    Issued in Seattle, Washington, on February 26, 2020.
Shawn M. Kozica,
Group Manager, Western Service Center, Operations Support Group.
[FR Doc. 2020-04258 Filed 3-2-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Notices]
[Pages 36810-36815]
[FR Doc No: 2021-14795]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92339; File No. SR-DTC-2021-010]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the Reorganizations Service Guide

July 7, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 1, 2021, The Depository Trust Company (``DTC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II and III below, which Items have been
prepared by the clearing agency. DTC filed the proposed rule change
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(4)
thereunder.\4\ The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The proposed rule change consists of changes to the Reorganizations
Service Guide (the ``Guide''),\5\ as described in greater detail below.
---------------------------------------------------------------------------

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

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the Guide to
provide Participants with the option to submit instructions via
Application Program Interface (``API'') and ISO 20022 real-time
messaging (collectively, ``Automated Instruction Messaging'') for
Automated Tender Offer Program (``ATOP'') \6\-eligible voluntary
reorganizations offers (each, an ``ATOP Offer'').\7\ DTC is also
proposing to amend the Guide to adjust and clarify DTC processing cut-
off times for the submission of ATOP Offer instructions (``DTC Cut-Off
Time''), and to make technical and ministerial changes to the Guide, as
discussed more fully below.
---------------------------------------------------------------------------

    \6\ ATOP is a DTC program through which Participant instructions
are transmitted to the agent for an ATOP offers and through which a
participant can tender its securities to the agent's account at DTC.
    \7\ DTC anticipates implementing Automated Instruction Messaging
for Automated Subscription Offer Program (``ASOP'')-eligible offers
by Q1 2022.
---------------------------------------------------------------------------

(i) Automated Instruction Messaging
A. Background
    When an issuer or agent announces an ATOP Offer, it communicates
the details of the offer to DTC, which announces the ATOP Offer to its
Participants in accordance with the Guide and applicable Rules.
Participants then relay the information to their clients, which, in
turn, relay the information to their clients, and so forth, down to the
investor level. For example, the ATOP Offer information flows from the
issuer/agent to DTC, DTC to Participant, Participant to Investor
Manager client, Investment Manager to its investor clients. Each level
of the chain solicits and compiles instructions from its clients and
submits the instructions back up the chain, until the instructions
reach the Participant level. Each Participant compiles and aggregates
all instructions received from its clients and submits the instructions
to DTC through the PTS PTOP or PBS Voluntary Tenders and Exchanges
functions via nonautomated key entry.\8\ The whole process needs to be
completed before the DTC Cut-Off Time for the ATOP Offer.
---------------------------------------------------------------------------

    \8\ PTS (Participant Terminal System) and PBS (Participant
Browser System) are user interfaces for DTC settlement and asset
services functions. PTS is mainframe-based, and PBS is web-based
with a mainframe back-end. Participants may use either PTS or PBS,
as they are functionally equivalent. PTOP and Voluntary Tenders and
Exchanges are functions of PTS and PBS, respectively, that are
currently used by Participants to submit instructions, submit
protects, submit cover of protects, submit cover of protects on
behalf of another Participant, and submit withdrawals on various
voluntary reorganization events.
---------------------------------------------------------------------------

    There are certain potential risks and costs associated with manual
processing, particularly in connection with voluntary reorganizations

instructions. Nonautomated input may increase the likelihood of errors,
which can result in rejected instructions or erroneous elections.
Rejected instructions and erroneous elections can delay the submission
of the instructions for the ATOP Offer, which typically have to be
submitted within a short timeframe. Further, because information about
the ATOP Offer and the compilation and transmission of instructions
flows across different market segments, the lack of automation and
standardization can also lead to errors along the chain. Finally, ATOP
Offers are becoming increasingly complex, thereby requiring a greater
volume of individual nonautomated input by Participants, which adds to
the potential risk of errors and increases the overhead cost for
additional personnel and processes to handle the volume.
    Therefore, DTC is proposing to provide Participants with the
ability to use Automated Instruction Messaging via ISO 20022 messages
and API functionality for ATOP-eligible offers. The functionality for
the submission of instructions through standardized ISO 20022 messaging
already exists at DTC. For example, Participants have the ability to
submit ISO 20022 instructions for eligible distributions events.\9\ ISO
20022 is a standard that provides the financial industry with a common
language to capture business transactions and associated message flows.
The benefits offered by ISO 20022 include, but are not limited to: (i)
Greater straight through processing by utilizing a data model that
conforms to market practice, and (ii) improved accuracy and less
processing risk due to enhanced data elements.
---------------------------------------------------------------------------

    \9\ Participants can submit ISO 20022 instructions on applicable
tax relief, foreign currency payments, dividend reinvestment
including opt out and optional dividend events. See DTC
Distributions Service Guide, p. 16, available at http://www.dtcc.com/legal/rules-and-procedures.aspx.
---------------------------------------------------------------------------

    DTC already offers API functionality for the submission of certain
instructions to DTC. For example, Participants can currently engage
with the DTC ClaimConnect service via APIs.\10\ APIs enable the flow of
information between computer applications and provide Participants the
ability to easily access and evaluate customer data as well as provide
Participants with callable endpoints for deleting data resources and
for reading and updating data resource values. Stated another way, APIs
provides enhanced flexibility for Participants, making the process of
accessing from, and transmitting information to, DTC and its downstream
customers more efficient. The flexibility of APIs and its use of modern
programming languages provide benefits that include, but are not
limited to: (i) Less frequent maintenance, (ii) client development and
implementation can be quicker to market, and (iii) more efficient
integration channels.
---------------------------------------------------------------------------

    \10\ See ClaimConnect Service Guide, p.8, available at http://www.dtcc.com/legal/rules-and-procedures.aspx.
---------------------------------------------------------------------------

B. Automated Instruction Messaging
    Pursuant to the proposed rule change, Automated Instruction
Messaging would be available for the following ATOP actions: (i)
Accepting an ATOP-Eligible Offer, (ii) Accepting an ATOP-Eligible Offer
via Notice of Guaranteed Delivery, (iii) Submitting a Cover of Protect,
and (iv) Puts. However, withdrawal or cancellation instructions in
connection with the above would still need to be performed via PTS/PBS.
In addition, Automated Instruction Messaging for the Submitting a Cover
of Protect on Behalf of a Third Party action would not be
available.\11\
---------------------------------------------------------------------------

    \11\ DTC anticipates implementing Automated Instruction
Messaging for withdrawal and cancellation instructions, as well as
for Cover Protect on Behalf of a Third-Party action, by Q1 2022.
---------------------------------------------------------------------------

    Automated Instruction Messaging would consist of (i) Automated
Instruction Messages for the input of instructions, and (ii) Automated
Response Messages for feedback and status output with respect to
submitted instructions. The ISO 20022 Corporate Action Instruction
(CAIN) message and the API POST function are Automated Instruction
Messages. The ISO 20022 Corporate Action Instruction Status Advice
(CAIS) message and the API GET function are Automated Response
Messages.
    As noted above, automating instructions for ATOP Offers would
streamline the flow of information, reducing the costs, errors and
risks that are associated with nonautomated processing. Accordingly,
pursuant to the proposed rule change, DTC would provide Participants
with the ability to automate and standardize the submission of
instructions for ATOP Offers through Automated Instruction Messaging.
(ii) Clarification and Adjustment of Certain Cut-off Times for ATOP
Offer Instructions
    The terms of an ATOP Offer include, among other things, the dates
and times by which certain instructions (e.g., acceptances, protects)
must be submitted, as well the date and time that the ATOP Offer
expires. For ATOP Offers processed through DTC, DTC establishes a DTC
Cut-Off Time, which is the deadline for Participants to submit ATOP
Offer instructions to DTC for processing.\12\
---------------------------------------------------------------------------

    \12\ Participants are able to submit ATOP Offer instructions
after the DTC Cut-Off Time directly to the agent until the actual
expiration time, if provided for under the terms of the ATOP Offer.
---------------------------------------------------------------------------

    DTC is proposing to (i) amend outdated language about the DTC Cut-
Off Time for an ATOP Offer with an actual expiration time that is 6:00
p.m. ET or later on the expiration date, and (ii) remove the reference
to a 1:00 p.m. ET DTC Cut-Off Time, which, pursuant to the proposed
rule change, would no longer be the established DTC Cut-Off Time for an
ATOP Offer with an actual expiration time before 5:00 p.m. ET.
    The current language in the Guide provides that, unless otherwise
specified in the ATOP Offer announcement (i) ATOP Offers being
processed by the agent through ATOP (referred to as an ``ATOP I''
offer, which have an actual expiration time of 5:00 p.m. ET or later)
have a DTC Cut-Off Time of 5:00 p.m. ET, and (ii) ATOP Offers being
processed by the agent without an electronic connection to ATOP
(referred to as an ``ATOP II'' offer, which typically expires before
5:00 p.m. ET) have a DTC Cut-Off Time of 1:00 p.m.
    Pursuant to the proposed rule change, DTC would update the language
in the Guide to reflect that for ATOP Offers with an actual expiration
time between 6:00 p.m. ET and midnight on expiration date, the DTC Cut-
Off Time typically will be 6:00 p.m. ET, instead of 5:00 p.m. ET.\13\
DTC extended this processing window by an additional hour to provide
Participants additional time to submit instructions to be processed by
DTC and to avoid Participants submitting instructions directly to the
agent outside of DTC.
---------------------------------------------------------------------------

    \13\ See Important Notice B#11772-19 (July 15, 2019), available
at https://www.dtcc.com/~/media/Files/pdf/2019/7/15/11772-19.pdf.
---------------------------------------------------------------------------

    DTC is further proposing to amend the Guide to provide that, with
respect to an ATOP Offer with an actual expiration time earlier than
5:00 p.m. ET on expiration date,\14\ the DTC Cut-Off Time would vary
depending on the particular facts and circumstances of the ATOP Offer
and would be announced in the notice of the ATOP Offer.\15\
---------------------------------------------------------------------------

    \14\ Although infrequent, there are some circumstances where an
ATOP Offer may have an actual expiration time earlier than 5:00 p.m.
ET. For example, the expiration time of an ATOP Offer from a
jurisdiction in a later time zone could translate in an atypical
early expiration time in the eastern time zone.
    \15\ Pursuant to the proposed rule change, DTC would also remove
the references to ATOP I and ATOP II, which are no longer relevant
to DTC Cut-Off Time for the submission of instructions for ATOP
Offers.

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

    DTC is also proposing to amend the Guide to remind Participants
that expiration and cutoff times may vary per the terms of the offer
and that Participants are independently responsible for confirming both
the actual offer expiration date and time and the DTC Cut-off Time and
date.
(iii) Proposed Rule Changes
    Pursuant to the proposed rule change, DTC is proposing to:
    1. Add references to ``Automated Instruction Messaging'' or
``Automated Instruction Message,'' as context requires, where other
types of instruction input for ATOP-eligible offers (e.g., PTS PTOP and
PBS Voluntary Tenders and Exchanges) are referenced.
    2. Add references to ``Automated Response Message'' where other
types of response and/or status reports relating to instructions on
ATOP-eligible offers (e.g., PTS/PBS, CA Web or Participant Daily
Activity Statement) are referenced.
    3. In the ``Overview'' subsection of the ``About Reorganization
Services''/``Introduction'' section, insert (i) references to ISO 20022
and API as additional methods of inputting voluntary reorganization
instructions, and (ii) a footnote directing Participants to the
``Automated Instruction Messaging'' section for additional information
about Automated Instruction Messaging through ISO 20022 messages and
APIs.
    4. After the ``About the Reorganizations Service'' section, insert
a new section titled ``Automated Instruction Messaging.'' The section
would list: (i) The ATOP actions for ATOP-eligible offers for which
Automated Instruction Messaging is available, which would be: Accepting
an ATOP-Eligible Offer, Accepting an ATOP-Eligible Offer via Notice of
Guaranteed Delivery, Submitting a Cover of Protect, and Puts, (ii) the
Automated Instruction Message Types, which are ISO 20002 Corporate
Action Instruction (CAIN) and API POST, and (iii) the Automated
Response Message Types, which are ISO 20022 Corporate Action
Instruction Status Advice (CAIS) and API GET. The section would also
include a note stating that all withdrawal and cancellation
instructions for ATOP-eligible offers must be performed via PTS/PBS and
cannot be instructed via Automated Instruction Message.
    5. In the ``Instructions/Expirations'' section, above the
``Important Considerations'' subsection, insert the following warning
as a reminder to Participants of their responsibility to monitor the
status of their instructions and to take any actions necessary to
complete an incomplete transaction:

Warning!

    Regarding incomplete instructions: An instruction that was
submitted via PTS (PTOP, PSOP, PUTS, WARR, RCNV, CERR), PBS (Voluntary
Tenders and Exchanges, Rights Subscriptions, Put Option Bonds, Reorg
Conversions, CD Early Redemptions, Warrants Subscriptions) or via
Automated Instruction Messaging but was not fully processed by-DTC is
an incomplete transaction. A Participant has the sole responsibility to
monitor its messages and confirm that its instruction was processed and
that the quantity of securities that are the subject of its instruction
are shown under the contra-CUSIP/RRG specified in the instruction. A
Participant that submits an incomplete instruction via Automated
Instruction Messaging will receive an Automated Response Message
indicating a rejection. Neither DTC nor the agent will take action on
an incomplete transaction. The Participant is solely responsible for
taking the additional processing steps to complete the transactions
before expiration cut-off date and time. DTC shall have no
responsibility in respect of a Participant's failure to recognize its
instruction as incomplete or to take the steps necessary to complete
its transaction. Participants can use the inquiry feature of the
aforementioned PTS and PBS functions, as applicable, to identify an
incomplete transaction. For instructions submitted via Automated
Instruction Messaging, the Automated Response Message will indicate the
reason for rejection.

    In addition, DTC is proposing to delete other warnings relating to
incomplete instructions in connection with ATOP-eligible offers, as
they would be redundant with the insertion of the above warning.
    6. In the ``Instructions/Expirations'' section, under the new
warning referenced above, insert a note that states that all withdrawal
and cancellation instructions must be performed via PTS/PBS.
    7. In the ``About DTC's Automated Tender Offer Program (ATOP)''
subsection of the ``Instructions/Expirations'' section, remove the
phrases ``using the PTS PTOP and PBS Voluntary Tenders and Exchanges or
via CCF,'' and ``by book-entry through PTS PTOP or PBS Voluntary
Tenders and Exchanges, or via CCF,'' as it is unnecessary and limiting.
    8. In the ``Proration of an Offer'' section, for accuracy, insert a
reference to CA Web as a source to review the position movements
representing the unaccepted position.
    9. Add a reference to ``Automated Instruction Messaging'' to the
following section headings: ``Voluntary Offers by Issuer or Third Party
(Processed via PTOP),'' ``Submitting a Cover of Protect via PTS PTOP or
PBS Voluntary Tenders and Exchanges for an ATOP-Eligible Offer,''
``Checklist for Submitting a Cover of Protect via PTS PTOP or PBS
Voluntary Tenders and Exchanges.''
    10. Amend the Guide to reflect that when a Participant uses an
Automated Instruction Message, it must check its Automated Response
Message, in order to ensure that its transactions were properly
processed and recorded, and to note that a Participant could
additionally check its Participant Daily Activity Statement and the CA
Web.
    11. Replace the following paragraph, which appears in the
checklists for submitting instructions for ATOP-eligible offers,
``Participants that subscribe to the ISO 20022 Instructions Statement
Report (CAST) will be able to verify instruction status on the
message'' with ``Participants that submit an Automated Instruction
Message must monitor the status of their instruction using the
Automated Response Message. Additionally, the CAST message is available
to monitor instructed and uninstructed balances.''
    12. In the ``Accepting an ATOP-Eligible Offer'' section, in order
to reflect that for an ATOP Offer with (i) an actual expiration time
between 6:00 p.m. ET and midnight, the DTC Cut-Off Time would typically
be 6:00 p.m. ET, and (ii) an actual expiration time before 5:00 p.m. ET
on expiration date, the DTC Cut-Off Time would vary depending on the
facts and circumstances of the offer, DTC is proposing to replace the
existing paragraph that begins ``The dates on which you can accept an
offer via PTOP . . .'' with the following paragraphs:
    ``The dates on which you can accept an offer via PTS PTOP, PBS
Voluntary Tenders and Exchanges, and Automated Instruction Messaging
are specified in the notice about the offer, which you can view via CA
Web Announcements, ISO 20022 messaging and PTS RIPS or PBS
Reorganizations and Redemptions functions. Unless otherwise specified
in the PTS RIPS, PBS Reorganizations and Redemptions or ISO 20022
messaging, PTS PTOP, PBS Voluntary Tenders and Exchanges, and Automated
Instruction

Messaging are available on those dates for this purpose. DTC processing
cut-off times on the day of expiration typically will be either 5:00
p.m. ET (where the notice of the offer specifies an expiration time of
5:00 p.m. ET on expiration date) or 6:00 p.m. ET (where the notice of
the offer specifies an expiration time between 6:00 p.m. ET and
midnight on expiration date). Please note that the DTC processing cut-
off times for offers that specify an offer expiration time before 5:00
p.m. ET on expiration date will vary depending on the facts and
circumstances of the offer.
    Note: Participants are reminded that expiration and cutoff time may
vary per the terms of the offer. Participants are independently
responsible to confirm, per the terms of the offer and announcement,
the offer expiration date and time, as well as the applicable DTC
processing cut-off time, per the terms of the offer and the
announcement.''
    13. In the ``Checklist for Submitting an Acceptance'' section,
insert the following language to address how a Participant needs to
acknowledge the Letter of Transmittal when it transmits an acceptance
via Automated Instruction Messaging:
    ``Likewise, when you transmit an acceptance via Automated
Instruction Messaging, you will be required to acknowledge the Letter
of Transmittal required by the offer identified by the contra-CUSIP you
specify in your acceptance. The message must contain your
acknowledgement. If your message does not contain your acknowledgement,
your acceptance will be rejected. By acknowledging the Letter of
Transmittal via Automated Instruction Messaging, you agree that (i) you
have received, and will be bound by the terms of, the Letter of
Transmittal required by the offer identified in the acceptance and (ii)
the agreement set forth in the preceding clause (i) may be enforced
against you by the Offeror in such offer''.
    14. In the ``Submitting a Protect for an ATOP-Eligible Offer''
section, in order to reflect that for an ATOP Offer with (i) an actual
expiration time between 6:00 p.m. ET and midnight, the DTC Cut-Off Time
would typically be 6:00 p.m. ET, and (ii) an actual expiration time
before 5:00 p.m. ET on expiration date, the DTC Cut-Off Time would vary
depending on the facts and circumstances of the offer, DTC is proposing
to replace the existing paragraph that begins ``The dates on which you
can accept an offer by submitting a Notice . . .'' with the following
paragraphs:
    ``The dates on which you can accept an offer by submitting a Notice
of Guaranteed Delivery via PTS PTOP, PBS Voluntary Tenders and
Exchanges, and Automated Instruction Messaging are specified in the
notice about the offer, which you can view via CA Web Announcements,
ISO 20022 messaging and PTS RIPS or PBS Reorganizations and Redemptions
functions. Unless otherwise specified in the PTS RIPS, PBS
Reorganizations and Redemptions or ISO 20022 messaging, PTS PTOP, PBS
Voluntary Tenders and Exchanges, and Automated Instruction Messaging
are available on those dates for this purpose. DTC processing cut-off
times on the day of expiration typically will be either 5:00 p.m. ET
(where the notice of the offer specifies an expiration time of 5:00
p.m. ET on expiration date) or 6:00 p.m. ET (where the notice of the
offer specifies an expiration time between 6:00 p.m. ET and midnight on
expiration date). Please note that the DTC processing cut-off times for
offers that specify an offer expiration time before 5:00 p.m. ET on
expiration date will vary depending on the facts and circumstances of
the offer.
    Note: Participants are reminded that expiration and cutoff time may
vary per the terms of the offer. Participants are independently
responsible to confirm, per the terms of the offer and announcement,
the offer expiration date and time, as well as the applicable DTC
processing cut-off time, per the terms of the offer and the
announcement.''
    15. In the ``Checklist for Submitting a Protect'' section, insert
the following language to address how a Participant needs to
acknowledge the Notice of Guaranteed Delivery when it transmits an
acceptance by Notice of Guaranteed Delivery via Automated Instruction
Messaging:
    ``Likewise, when you transmit an acceptance via Automated
Instruction Messaging, you will be required to acknowledge the Notice
of Guaranteed Delivery required by the offer identified by the contra-
CUSIP you specify in your acceptance. The message must contain your
acknowledgement. If your message does not contain your acknowledgement,
your acceptance will be rejected. By acknowledging the Notice of
Guaranteed Delivery via Automated Instruction Messaging, you agree that
(i) you have received, and will be bound by the terms of, the Notice of
Guaranteed Delivery required by the offer identified in the acceptance
and (ii) the agreement set forth in the preceding clause (i) may be
enforced against you by the Offeror in such offer.''
    16. In the ``Submitting a Cover of Protect via PTS PTOP or PBS
Voluntary Tenders and Exchanges for an ATOP-Eligible Offer,'' section,
in order to reflect that for an ATOP Offer with (i) an actual
expiration time between 6:00 p.m. ET and midnight, the DTC Cut-Off Time
would typically be 6:00 p.m. ET, and (ii) an actual expiration time
before 5:00 p.m. ET on expiration date, the DTC Cut-Off Time would vary
depending on the facts and circumstances of the offer, DTC is proposing
to replace the existing paragraph that begins ``The dates on which you
can submit a cover of protect via PTOP . . .'' with the following
paragraphs:
    ``The dates on which you can submit a cover of protect via PTS
PTOP, PBS Voluntary Tenders and Exchanges, and Automated Instruction
Messaging are specified in the notice about the offer, which you can
view via CA Web Announcements, ISO 20022 messaging and PTS RIPS or PBS
Reorganizations and Redemptions functions. Unless otherwise specified
in the notice, PTS PTOP, PBS Voluntary Tenders and Exchanges, and
Automated Instruction Messaging are available on those dates for this
purpose. DTC processing cut-off times on the day of expiration
typically will be either 5:00 p.m. ET (where the notice of the offer
specifies an expiration time of 5:00 p.m. ET on expiration date) or
6:00 p.m. ET (where the notice of the offer specifies an expiration
time between 6:00 p.m. ET and midnight on expiration date). Please note
that the DTC processing cut-off times for offers that specify an offer
expiration time before 5:00 p.m. ET on expiration date will vary
depending on the facts and circumstances of the offer.
    Note: Participants are reminded that expiration and cutoff time may
vary per the terms of the offer. Participants are independently
responsible to confirm, per the terms of the offer and announcement,
the offer expiration date and time, as well as the applicable DTC
processing cut-off time, per the terms of the offer and the
announcement.''
    17. In the ``Checklist for Submitting a Cover of Protect via PTS
PTOP or PBS Voluntary Tenders and Exchanges'' section:
    a. At the end of the first bulleted paragraph under number 6 of the
checklist, in order to reflect that the ``made'' status of an Automated
Instruction Message would be confirmed in the Automated Response
Message, add the sentence ``The Automated Response Message will confirm
the ``made'' status.''
    b. Insert the following language to address how a Participant needs
to acknowledge the Letter of Transmittal when it transmits a cover of
protect via Automated Instruction Messaging:

    ``Likewise, when you transmit an instruction to cover a protect via
Automated Instruction Messaging, you will be required to acknowledge
the Letter of Transmittal required by the offer identified by the
contra-CUSIP you specify in your instruction. The message must contain
your acknowledgement. If your message does not contain your
acknowledgement, your instruction will be rejected. By submitting the
acknowledgment via Automated Instruction Messaging, you agree that (i)
you have received, and will be bound by the terms of, the Letter of
Transmittal required by the offer identified in the acceptance and (ii)
the agreement set forth in the preceding clause (i) may be enforced
against you by the Offeror in such offer.''
    18. In the ``Submitting a Cover of Protect via PTS PTOP or PBS
Voluntary Tenders and Exchanges on Behalf of Another Participant''
section, in order to reflect that for an ATOP Offer with (i) an actual
expiration time between 6:00 p.m. ET and midnight, the DTC Cut-Off Time
would typically be 6:00 p.m. ET, and (ii) an actual expiration time
before 5:00 p.m. ET on expiration date, the DTC Cut-Off Time would vary
depending on the facts and circumstances of the offer, DTC is proposing
to replace the existing paragraph that begins ``The dates on which you
can submit a cover of protect are specified in the notice about the
offer . . .'' with the following paragraphs:
    ``The dates on which you can submit a cover of protect via PTS PTOP
and PBS Voluntary Tenders and Exchanges are specified in the notice
about the offer, which you can view via CA Web Announcements, ISO 20022
messaging and PTS RIPS or PBS Reorganizations and Redemptions
functions. Unless otherwise specified in the PTS RIPS, PBS
Reorganizations and Redemptions or ISO 20022 messaging, PTS PTOP and
PBS Voluntary Tenders and Exchanges are available on those dates for
this purpose. DTC processing cut-off times on the day of expiration
typically will be either 5:00 p.m. ET (where the notice of the offer
specifies an expiration time of 5:00 p.m. ET on expiration date) or
6:00 p.m. ET (where the notice of the offer specifies an expiration
time between 6:00 p.m. ET and midnight on expiration date). Please note
that the DTC processing cut-off times for offers that specify an offer
expiration time before 5:00 p.m. ET on expiration date will vary
depending on the facts and circumstances of the offer.
    Note: Participants are reminded that expiration and cutoff time may
vary per the terms of the offer. Participants are independently
responsible to confirm, per the terms of the offer and announcement,
the offer expiration date and time, as well as the applicable DTC
processing cut-off time, per the terms of the offer and the
announcement.''
    19. In the ``Withdrawing an Acceptance of an ATOP-Eligible Offer''
section, in order to reflect that for an ATOP Offer with (i) an actual
expiration time between 6:00 p.m. ET and midnight, the DTC Cut-Off Time
would typically be 6:00 p.m. ET, and (ii) an actual expiration time
before 5:00 p.m. ET on expiration date, the DTC Cut-Off Time would vary
depending on the facts and circumstances of the offer, DTC is proposing
to replace the existing paragraph that begins ``The dates on which you
can submit a withdrawal of acceptance are specified in the notice about
the offer . . .'' with the following paragraphs:
    ``The dates on which you can submit a withdrawal of acceptance via
PTS PTOP and PBS Voluntary Tenders and Exchanges are specified in the
notice about the offer, which you can view via CA Web Announcements,
ISO 20022 messaging and PTS RIPS or PBS Reorganizations and Redemptions
functions. Unless otherwise specified in the PTS RIPS, PBS
Reorganizations and Redemptions or ISO 20022 messaging, PTS PTOP and
PBS Voluntary Tenders and Exchanges are available on those dates for
this purpose. DTC processing cut-off times on the day of expiration
typically will be either 5:00 p.m. ET (where the notice of the offer
specifies an expiration time of 5:00 p.m. ET on expiration date) or
6:00 p.m. ET (where the notice of the offer specifies an expiration
time between 6:00 p.m. ET and midnight on expiration date). Please note
that the DTC processing cut-off times for offers that specify an offer
expiration time before 5:00 p.m. ET on expiration date will vary
depending on the facts and circumstances of the offer.
    Note: Participants are reminded that expiration and cutoff time may
vary per the terms of the offer. Participants are independently
responsible to confirm, per the terms of the offer and announcement,
the offer expiration date and time, as well as the applicable DTC
processing cut-off time, per the terms of the offer and the
announcement.''
    20. Make ministerial changes to correct typos and omissions and to
enhance conformity and readability, including, but not limited to:
    a. In the copyright line of the ``Important Legal Information''
section, replacing ``2020'' with ``2021.''
    b. Adding the name of the corresponding PBS function where the
equivalent PTS function is referenced.
    c. Augmenting mentions of PBS and PTS functions with their full
technical names.
    d. Removing internal references to other sections within the Guide
that are incorrect, no longer relevant, or that no longer exist.
    e. Inserting references to the CA Web to correctly reflect that a
Participant can check the CA Web, in addition to its Participant Daily
Activity Statement and Automated Response Messages, to ensure that its
transactions were properly processed and recorded.
    f. Inserting references to ISO 20022 messaging and the CA Web to
correctly reflect them as sources of ATOP-eligible Offer details.
    g. Correcting certain typographical errors.
2. Statutory Basis
    Section 17A(b)(3)(F) of the Act requires, in part, that the Rules
be designed to promote the prompt and accurate clearance and settlement
of securities transactions.\16\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The proposed rule change would amend the Guide to provide
Participants with the option to use Automated Instruction Messaging for
ATOP Offers. As discussed above, the use of Automated Instruction
Messaging for ATOP Offers would provide greater straight-through
processing, improved accuracy, more efficient integration channels and
less processing risk than nonautomated processing.
    The proposed rule change would also amend the Guide to adjust and
clarify the DTC Cut-Off Times for the submission of instructions in
connection with ATOP Offers. Specifically, the proposed rule change
would clarify that for ATOP Offers with an actual expiration time
between 6:00 p.m. ET and midnight on expiration date, the DTC Cut-Off
Time typically is 6:00 p.m. ET, instead of 5:00 p.m. ET. DTC believes
that providing Participants with clear directions about the deadlines
for the submission of instructions would facilitate the timely
submission of instructions and help avoid the submission of
instructions outside of DTC. In addition, the proposed rule change
would amend the Guide to provide that, with respect to an ATOP Offer
with an actual expiration time earlier than 5:00 p.m. ET on expiration
date, the DTC Cut-Off Time would vary depending on the particular facts
and circumstances of the ATOP Offer. By eliminating the established
1:00 p.m. ET DTC Cut-Off Time for these offers, DTC would have the
flexibility to provide Participants with a

DTC Cut-off Time that would be most appropriate to the circumstances,
thereby facilitating the timely and orderly submission of instructions.
    Finally, DTC believes that the proposed rule change to amend the
Guide to make technical and clarifying changes would enhance the
clarity and transparency of the Guide. By enhancing the clarity and
transparency of the Guide, the proposed rule change would allow
Participants to more efficiently and effectively conduct their business
in connection with processing reorganization events and associated
securities transactions.
    Based on the foregoing, DTC believes that the proposed rule change
is designed to promote the prompt and accurate clearance and settlement
of securities transactions, consistent with Section 17A(b)(3)(F) of the
Act, cited above.

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

    DTC believes that the proposed rule change to provide Participants
with the option to use Automated Instruction Messaging for ATOP Offers
would not have any impact on competition.\17\ Automated Instruction
Messaging would be an optional service that would be available to all
Participants in connection with ATOP Offers. In addition, DTC believes
that the proposed rule change to amend the Guide to adjust and clarify
DTC Cut-Off Times for the submission of ATOP Offer instructions, and to
make technical and ministerial changes to the Guide, would not have any
impact on competition because it would merely provide Participants with
clear directions about the deadlines for the submission of
instructions, and would enhance the clarity of the procedures relating
to ATOP Offers. In light of the foregoing, DTC does not believe that
the proposed rule change would impose a burden on competition.\18\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78q-1(b)(3)(I).
    \18\ Id.
---------------------------------------------------------------------------

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

    Written comments relating to the proposed rule change have not been
solicited or received. DTC will notify the Commission of any written
comments received by DTC.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \19\ of the Act and paragraph (f) \20\ of Rule 19b-4
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2021-010 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2021-010. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of DTC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx). All comments received
will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-DTC-2021-010 and should be submitted on
or before August 3, 2021.
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-14795 Filed 7-12-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Page 49480]
[FR Doc No: 2017-23155]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Availability of Draft DOT Strategic Plan for FY 2018-2022 and
Request for Public Comment

AGENCY: Office of the Secretary, U.S. Department of Transportation
(DOT).

ACTION: Notice of availability and request for public comment.

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

SUMMARY: The Office of the Secretary of Transportation invites the
public to comment on the draft DOT Strategic Plan for FY 2018-2022.

DATES: Comments must be received on or before November 13, 2017.

ADDRESSES: Written comments may be submitted by email or U.S. mail.
Respondents are encouraged to submit comments electronically to ensure
timely receipt. Please include your name, title, organization, postal
address, telephone number, and email address.
    Email: [email protected]. Please include the full body
of your comments in the text of the electronic message and as an
attachment.
    Mail: U.S. Department of Transportation, Office of the Under
Secretary for Policy, Attn: Strategic Plan Comments, 1200 New Jersey
Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Barbara McCann, Director, Office of
Policy Development, Strategic Planning and Performance, Office of the
Under Secretary for Policy, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Government Performance and Results Act (GPRA) of 1993, as
amended by the GPRA Modernization Act of 2010 (Pub. L. 111-352),
requires that Federal agencies revise and update their strategic plan
at the beginning of each new presidential term, and in doing so,
solicit input from interested stakeholders.
    The draft DOT Strategic Plan reflects the Secretary's priorities
for achieving DOT's mission through four strategic goals:
    [ssquf] Safety: Reduce Transportation-Related Fatalities and
Serious Injuries Across the Transportation System.
    [ssquf] Infrastructure: Invest in Infrastructure to Ensure Mobility
and Accessibility and to Stimulate Economic Growth, Productivity and
Competitiveness for American Workers and Businesses.
    [ssquf] Innovation: Lead in the Development and Deployment of
Innovative Practices and Technologies that Improve the Safety and
Performance of the Nation's Transportation System.
    [ssquf] Accountability: Serve the Nation with Reduced Regulatory
Burden and Greater Efficiency, Effectiveness and Accountability.
    These strategic goals are supported by objectives that reflect the
outcomes DOT is trying to achieve and strategies that describe how DOT
plans to make progress toward the objectives.
    The draft DOT Strategic Plan for FY 2018-2022 may be accessed
through the DOT Web site at https://www.transportation.gov/dot-strategic-plan.
    DOT will consider all input and revise the draft DOT Strategic Plan
as appropriate. DOT anticipates that the final DOT Strategic Plan for
FY 2018-2022 will be submitted to Congress and posted on the DOT Web
site in February 2018.

    Dated: October 19, 2017.
Finch Fulton,
Deputy Assistant Secretary for Transportation Policy.
[FR Doc. 2017-23155 Filed 10-24-17; 8:45 am]
 BILLING CODE 4910-9X-P