68702 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 

* * * * * Paragraph 6011 United States Area 

Navigation Routes 

* * * * * 

T–227 SYA to SCC [Modified] 

SYA ................................................................ VORTAC ........................................................ (Lat. 52°43′06′′ N., long. 174°03′44′′ E.) 

JANNT ........................................................... WP ................................................................. (Lat. 52°04′18′′ N., long. 178°15′37′′ W.) 

BAERE ........................................................... WP ................................................................. (Lat. 52°12′12′′ N., long. 176°08′09′′ W.) 

ALEUT ........................................................... FIX ................................................................. (Lat. 54°14′17′′ N., long. 166°32′52′′ W.) 

MORDI ........................................................... FIX ................................................................. (Lat. 54°52′50′′ N., long. 165°03′15′′ W.) 

GENFU ........................................................... FIX ................................................................. (Lat. 55°23′19′′ N., long. 163°06′22′′ W.) 

BINAL ............................................................ FIX ................................................................. (Lat. 55°46′00′′ N., long. 161°59′56′′ W.) 

PDN ................................................................ NDB/DME ...................................................... (Lat. 56°57′15′′ N., long. 158°38′51′′ W.) 

BATTY ........................................................... FIX ................................................................. (Lat. 59°03′57′′ N., long. 155°04′42′′ W.) 

AMOTT .......................................................... FIX ................................................................. (Lat. 60°53′56′′ N., long. 151°21′46′′ W.) 

ANC ............................................................... VOR/DME ...................................................... (Lat. 61°09′03′′ N., long. 150°12′24′′ W.) 

FAI ................................................................. VORTAC ........................................................ (Lat. 64°48′00′′ N., long. 148°00′43′′ W.) 

SCC ................................................................ VOR/DME ...................................................... (Lat. 70°11′57′′ N., long. 148°24′58′′ W.) 

*******

T–266 CGL to ANN [Modified] 

CGL ................................................................ NDB ............................................................... (Lat. 58°21′33′′ N., long. 134°41′58′′ W.) 

FPN ................................................................ NDB ............................................................... (Lat. 56°47′32′′ N., long. 132°49′16′′ W.) 

ANN ............................................................... VOR/DME ...................................................... (Lat. 55°03′37′′ N., long. 131°34′42′′ W.) 

*******

T–267 OME to OTZ [New] 

OME ............................................................... VOR/DME ...................................................... (Lat. 64°29′06′′ N., long. 165°15′11′′ W.) 

BALIN ............................................................ FIX ................................................................. (Lat. 64°33′55′′ N., long. 161°34′32′′ W.) 

OTZ ................................................................ VOR/DME ...................................................... (Lat. 66°53′09′′ N., long. 162°32′24′′ W.) 

*******

T–271 CDB to AMOTT [New] 

CDB ................................................................ VORTAC ........................................................ (Lat. 55°16′03′′ N., long. 162°46′27′′ W.) 

BINAL ............................................................ FIX ................................................................. (Lat. 55°46′00′′ N., long. 161°59′56′′ W.) 

AKN ............................................................... VORTAC ........................................................ (Lat. 58°43′29′′ N., long. 156°45′08′′ W.) 

AMOTT .......................................................... FIX ................................................................. (Lat. 60°53′56′′ N., long. 151°21′46′′ W.) 

* * * * * * * 

T–273 FAI to ROCES [Modified] 

FAI ................................................................. VORTAC ........................................................ (Lat. 64°48′00′′ N., long. 148°00′43′′ W.) 

AYKID ............................................................ FIX ................................................................. (Lat. 65°50′58′′ N., long. 147°16′34′′ W.) 

TUVVO .......................................................... FIX ................................................................. (Lat. 67°37′20′′ N., long. 146°04′49′′ W.) 

ROCES ........................................................... WP ................................................................. (Lat. 70°08′34′′ N., long. 144°08′16′′ W.) 

Issued in Washington, DC, on November 2, 

2010. 

Edith V. Parish, 

Manager, Airspace, Regulations and ATC 

Procedures Group. 

[FR Doc. 2010–28192 Filed 11–8–10; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 242 

[Release No. 34–63247; File No. S7–08–09] 

RIN 3235–AK35 

Regulation SHO 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; extension of 

compliance date. 

SUMMARY: The Commission is extending 

for a limited period of time the 

compliance date for the amendments to 

Rule 201 and Rule 200(g) of Regulation 

SHO under the Securities Exchange Act 

of 1934 (‘‘Exchange Act’’). Rule 201 

adopts a short sale-related circuit 

breaker that, if triggered, will impose a 

restriction on the prices at which 

securities may be sold short (‘‘short sale 

price test restriction’’). The amendments 

to Rule 200(g) provide that a brokerdealer may mark certain qualifying short 

sale orders ‘‘short exempt.’’ The 

Commission is extending the 

compliance date for the amendments to 

Rule 201 and Rule 200(g) to give certain 

exchanges additional time to modify 

their current procedures for conducting 

single-priced opening, reopening, and 

closing transactions for covered 

securities that have triggered Rule 201’s 

circuit breaker in a manner that is 

consistent with the goals and 

requirements of Rule 201. Further, the 

extended compliance period will give 

industry participants additional time for 

programming and testing for compliance 

with the requirements of the Rule. 

DATES: The effective date for Rule 201 

(17 CFR 242.201) and Rule 200(g) (17 

CFR 242.200(g)) remains March 10, 

2010. The compliance date for both 

Rules has been extended from 

November 10, 2010 to February 28, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Josephine Tao, Assistant Director, or 

Angela Moudy, Attorney-Advisor, 

Division of Trading and Markets, at 

(202) 551–5720, Securities and 

Exchange Commission, 100 F Street, 

NE., Washington, DC 20549–6628. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

On February 26, 2010, the 

Commission adopted amendments to 

Rule 201 and Rule 200(g) of Regulation 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 68703 

1Exchange Act Release No. 61595 (Feb. 26, 2010), 

75 FR 11232 (Mar. 10, 2010) (‘‘Rule 201 Adopting 

Release’’). 

2See 17 CFR 242.201(b)(1)(i). 

3See 17 CFR 242.201(b)(1)(ii). 

4See 17 CFR 242.200(g)(2). 

5A significant percentage of total trading volume 

can be executed in single-priced transactions. For 

example, one exchange executes approximately 

25% of its total trading volume in its opening and 

closing transactions. 

6See Section 553(b)(3)(B) of the Administrative 

Procedure Act (5 U.S.C. 553(b)(3)(B)) (stating that 

an agency may dispense with prior notice and 

comment when it finds, for good cause, that notice 

and comment are ‘‘impractical, unnecessary, or 

contrary to the public interest’’). This finding also 

satisfies the requirements of 5 U.S.C. 808(2), 

allowing the rules to become effective 

notwithstanding the requirement of 5 U.S.C. 801 (if 

a federal agency finds that notice and public 

comment are ‘‘impractical, unnecessary or contrary 

to the public interest,’’ a rule ‘‘shall take effect at 

such time as the Federal agency promulgating the 

rule determines’’). Also, because the Regulatory 

Flexibility Act (5 U.S.C. 601–612) only requires 

agencies to prepare analyses when the 

Administrative Procedures Act requires general 

notice of rulemaking, that Act does not apply to the 

actions that we are taking in this release. 

7The compliance date extensions set forth in this 

release are effective upon publication in the Federal 

Register. Section 553(d)(1) of the Administrative 

Procedure Act allows effective dates that are less 

than 30 days after publication for a ‘‘substantive 

rule which grants or recognizes an exemption or 

relieves a restriction.’’ 5 U.S.C. 553(d)(1). 

8The Commission identified in the Rule 201 

Adopting Release certain ongoing costs associated 

with the amendments to Rule 201 and Rule 200(g) 

of Regulation SHO. Because of the extension of the 

compliance date, such costs could be avoided from 

November 10, 2010 to February 28, 2011. 

SHO.1 Rule 201 requires that a trading 

center establish, maintain, and enforce 

written policies and procedures 

reasonably designed to prevent the 

execution or display of a short sale 

order of a covered security at a price 

that is less than or equal to the current 

national best bid if the price of that 

covered security decreases by 10% or 

more from its closing price as 

determined by the listing market for the 

covered security as of the end of regular 

trading hours on the prior day.2 In 

addition, the Rule requires that the 

trading center establish, maintain, and 

enforce written policies and procedures 

reasonably designed to impose this 

short sale price test restriction for the 

remainder of the day and the following 

day when a national best bid for the 

covered security is calculated and 

disseminated on a current and 

continuing basis by a plan processor 

pursuant to an effective national market 

system plan.3 The amendments to Rule 

200(g) provide that broker-dealers may 

mark certain short sale orders ‘‘short 

exempt.’’ 4

Commission staff has been working 

with the markets and their participants 

since Rule 201 was adopted to resolve 

operational issues relating to 

implementation of the Rule. As part of 

these efforts, we have become aware 

that certain exchanges require 

additional time to address their 

procedures for conducting single-priced 

opening, reopening, and closing 

transactions (‘‘single-priced 

transactions’’) for covered securities that 

have triggered the Rule’s circuit breaker. 

Specifically, we have been advised that 

certain exchanges may encounter 

difficulties in applying Rule 201, which 

uses the national best bid as a reference 

point, to their single-priced 

transactions. These transactions involve 

the queuing and ultimate execution of 

multiple orders at a single price, and the 

single equilibrium price determined 

through this process is based on orders 

on the exchange, without any reference 

to the national best bid at the time of 

execution. Due to potential operational 

concerns, we are providing additional 

time for exchanges that currently 

conduct single-priced transactions 

through a formalized and transparent 

process to address this issue in a 

manner that would be consistent with 

the requirements and goals of Rule 201’s 

short sale price test restriction.5

In addition, we believe that an 

extended compliance period may 

benefit industry participants by 

providing more time for programming 

and testing for compliance with the 

Rule’s requirements. We have been 

informed that there have been some 

delays in the programming process, due 

in part to certain information, which 

was necessary to effectively program for 

compliance with Rule 201, being 

provided by various parties, including 

exchanges and data vendors, on dates 

that were later than originally 

anticipated. As a result, we have been 

informed that there may be an increased 

risk of technical or market problems if 

full implementation of Rule 201 is 

required by November 10, 2010. 

As a result of these considerations, 

and in order to avoid any potential 

adverse effects on the markets from 

implementation of Rule 201 under the 

circumstances, we have determined to 

extend the compliance date to February 

28, 2011 because we understand that 

this would provide the exchanges and 

other industry participants with 

sufficient time to resolve the issues 

surrounding implementation of Rule 

201. 

II. Conclusion 

For the reasons cited above, the 

Commission, for good cause, finds that 

notice and solicitation of comment 

regarding the extension of the 

compliance date set forth herein are 

impractical, unnecessary, or contrary to 

the public interest.6 The Commission 

notes that the compliance date is a few 

days away, and that a limited extension 

of the compliance date will facilitate the 

orderly implementation of Rule 201. In 

light of this time constraint, full notice 

and comment could not be completed 

prior to the November 10, 2010 

compliance date. All industry 

participants will receive additional time 

to comply with Rule 201 and Rule 

200(g) beyond the compliance date 

originally set forth in the Rule 201 

Adopting Release. Further, the 

Commission recognizes that it is 

imperative for industry participants to 

receive notice of the extended 

compliance date, and providing 

immediate effectiveness upon 

publication of this release will allow 

industry participants to adjust their 

implementation plans accordingly.7

The Commission identified certain 

costs and benefits associated with the 

amendments to Rule 201 and Rule 

200(g) of Regulation SHO in the Rule 

201 Adopting Release. The extension of 

the compliance date for the 

amendments to Rule 201 and Rule 

200(g) of Regulation SHO will delay the 

benefits of the Rules, but the 

Commission believes that the limited 

extension is necessary and appropriate 

because it will provide (1) certain 

exchanges additional time to modify 

their current procedures for conducting 

single-priced transactions for covered 

securities that have triggered Rule 201’s 

circuit breaker in a manner that is 

consistent with the goals and 

requirements of Rule 201, and (2) 

industry participants additional time for 

programming and testing for compliance 

with the requirements of Rule 201 and 

Rule 200(g). The extension also will 

delay the costs of complying with the 

amendments.8 The Commission believes 

that the extension does not impose any 

burden on competition not necessary or 

appropriate in furtherance of the 

purposes of the Exchange Act, because, 

as noted above, the extension will give 

exchanges additional time to modify 

certain of their current procedures, and 

industry participants additional time for 

programming and testing, in a manner 

that is consistent with the goals and 

requirements of the amendments to Rule 

201 and Rule 200(g) of Regulation SHO. 

By the Commission. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
68704 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 

Dated: November 4, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–28327 Filed 11–8–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0977] 

Drawbridge Operation Regulations; 

Hackensack River, Jersey City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Upper Hack Bridge 

at mile 6.9, across the Hackensack River, 

at Secaucus, New Jersey. Under this 

temporary deviation the bridge may 

remain in the closed position for two 

days in November to facilitate bridge 

repairs. 

DATES: This deviation is effective from 

8 a.m. on November 18, 2010 through 6 

p.m. on November 19, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0977 and are available online at 

http://www.regulations.gov, inserting 

USCG–2010–0977 in the ‘‘Keyword’’ and 

then clicking ‘‘Search’’. They are also 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. Joe Arca, Project Officer, 

First Coast Guard District, telephone 

(212) 668–7165. If you have questions 

on viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The Upper 

Hack Bridge, across the Hackensack 

River at mile 6.9 has a vertical clearance 

in the closed position of 8 feet at mean 

high water and 13 feet at mean low 

water. The existing drawbridge 

operation regulations are listed at 33 

CFR 117.723(d). 

The waterway has seasonal 

recreational vessels, and commercial 

vessels of various sizes. 

The owner of the bridge, New Jersey 

Transit, requested a temporary deviation 

to facilitate necessary electrical system 

upgrades and asbestos removal at the 

bridge. 

Under this temporary deviation the 

Upper Hack Bridge, mile 6.9, across the 

Hackensack River may remain in the 

closed position from 8 a.m. on 

November 18, 2010 through 6 p.m. on 

November 19, 2010. Vessels that can 

pass under the bridge without a bridge 

opening may do so at all times. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: October 27, 2010. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2010–28204 Filed 11–8–10; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 4 

RIN 1094–AA53 

Interior Board of Land Appeals and 

Other Appeals Procedures 

Correction 

In rule document 2010–26200 

beginning on page 64655 in the issue of 

Wednesday, October 20, 2010 make the 

following correction: 

§ 4.400 [Corrected] 

On page 64664, in § 4.400, in the 

second column, in the first and second 

lines, ‘‘provided in the Bureau decision 

under appeal’’ should read ‘‘provided in 

the Bureau or Office decision under 

appeal.’’ 

[FR Doc. C1–2010–26200 Filed 11–8–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–8155] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1