80732 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 

Subpart B—Community Facilities 

Grant Program 

§ 3570.69 [Amended] 

■ 27. Section 3570.69 is amended by 

removing ‘‘RD Instruction 1940–J 

(available in any Rural Development 

office)’’ and adding in its place ‘‘7 CFR 

3015, subpart V and RD Instruction 

1970–I, ‘Intergovernmental Review,’ 

available in any Agency office or on the 

Agency’s Web site’’. 

PART 4274—DIRECT AND INSURED 

LOANMAKING 

■ 28. The authority citation for part 

3570 continues to read as follows: 

Authority: 5 U.S.C. 301; 7 U.S.C. 1932 

note.; 7 U.S.C. 1989 

Subpart D—Intermediary Relending 

Program (IRP) 

§ 4274.337 [Amended] 

■ 29. Section 4274.337(a) is amended by 

removing ‘‘(See RD Instruction 1940–J 

(available in any Rural Development 

State Office)).’’ and adding in its place 

‘‘These requirements are set forth in 

U.S. Department of Agriculture 

regulations 7 CFR part 3015, subpart V, 

and RD Instruction 1970–I, 

‘Intergovernmental Review,’ available in 

any Agency office or on the Agency’s 

Web site’’. 

Dated: December 6, 2011. 

Dallas Tonsager, 

Under Secretary, Rural Development. 

Dated: December 8, 2011. 

Michael Scuse, 

Acting Under Secretary, Farm and Foreign 

Agriculture Services. 

[FR Doc. 2011–33025 Filed 12–23–11; 8:45 am] 

BILLING CODE 3410–XV–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–1238; Airspace 

Docket No. 11–AAL–20] 

Revocation and Establishment of 

Compulsory Reporting Point; Alaska 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies a low 

altitude and a high altitude Alaskan 

compulsory reporting point in the 

vicinity of Kodiak, Alaska. The FAA is 

removing the MARLO compulsory 

reporting point and establishing CJAYY 

in the same location, to avoid confusion 

with a reporting fix of the same name. 

The boundaries, altitudes, and operating 

requirements remain the same. 

DATES: Effective date 0901 UTC, April 5, 

2012. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Airspace, Regulations and 

ATC Procedures Group, Office of 

Mission Support Services, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone: 

(202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

The FAA has determined that the low 

and high altitude Alaska reporting point 

MARLO has the same name as another 

reporting point fix that is in use by 

another country and is contained in the 

aeronautical database. To overcome 

possible confusion and flight safety 

issues, the FAA is changing the name of 

the low and high altitude MARLO 

compulsory reporting point in the 

vicinity of Kodiak, Alaska, to become 

the CJAYY compulsory reporting point 

by removing MARLO and establishing 

CJAYY in the same location. The 

latitude and longitude information used 

to define the reporting point, as well as 

the intersection description information, 

are unchanged. Accordingly, since this 

is an administrative change and does 

not affect the boundaries, altitudes, or 

operating requirements of the airspace, 

notice and public procedures under 

Title 5 U.S.C. 553(b) are unnecessary. 

The Rule 

The FAA amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

removing the low and high altitude 

MARLO Alaskan compulsory reporting 

point in the vicinity of Kodiak, Alaska, 

and establishing the low and high 

altitude CJAYY Alaskan compulsory 

reporting point in the same location. 

Alaskan Low Altitude Reporting 

Points are listed in paragraph 7004 of 

FAA Order 7400.9V dated August 9, 

2011, and effective September 15, 2011, 

which is incorporated by reference in 

14 CFR 71.1. Alaskan High Altitude 

Reporting Points are listed in paragraph 

7005 of FAA Order 7400.9V dated 

August 9, 2011, and effective September 

15, 2011, which is incorporated by 

reference in 14 CFR 71.1. The reporting 

points listed in this document will be 

revised subsequently in the Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation 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, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends Low and High Altitude 

Compulsory Reporting Points in Alaska. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with 311a, 

FAA Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures.’’ 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: 


erowe on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 80733 

1 15 U.S.C. 78o–4(a)(1). 

2Public Law 111–203, 124 Stat. 1376 (2010). 

3 15 U.S.C. 78o–4(a)(2). 

4 17 CFR 240.15Ba2–6T. 

5 17 CFR 249.1300T. 

6See Securities Exchange Act Release No. 62824, 

75 FR 54465 (September 8, 2010) (‘‘Interim 

Release’’). The Commission received seven 

comment letters on the Interim Release. See letters 

from Brad R. Jacobsen, dated September 7, 2010; 

John J. Wagner, Kutak Rock LLP, dated September 

28, 2010; Joy A. Howard, Principal, WM Financial 

Strategies, dated October 5, 2010; Steve 

Apfelbacher, President, National Association of 

Independent Public Finance Advisors, dated 

October 8, 2010; Carolyn Walsh, Vice President and 

Senior Counsel, Center for Securities, Trust and 

Investments, American Bankers Association, 

Deputy General Counsel, ABA Securities 

Association, dated October 13, 2010; Amy 

Natterson Kroll and W. Hardy Callcott, Bingham 

McCutchen LLP, on behalf of the National 

Association of Energy Service Companies, dated 

October 13, 2010; and Leslie M. Norwood, 

Managing Director and Associate General Counsel, 

Securities Industry and Financial Markets 

Association, dated November 15, 2010. 

7On December 20, 2010, the Commission 

proposed for public comment rules for the 

permanent registration of municipal advisors. See 

Securities Exchange Act Release No. 63576; 76 FR 

824 (January 6, 2011) (‘‘Proposing Release’’). 

8See 17 CFR 240.15Ba2–6T(e). 

9See 17 CFR 240.15Ba2–6T(f). 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9V, 

Airspace Designations and Reporting 

Points, signed August 9, 2011, and 

effective September 15, 2011, is 

amended as follows: 

Paragraph 7004 Alaskan low altitude 

reporting points. 

* * * * * 

MARLO: [Removed] 

* * * * * 

CJAYY: [New] 

Lat. 57°27′51′′ N., long. 150°31′51′′ W. (INT 

Kodiak, AK, 107° radial and Anchorage 

CTA/FIR boundary). 

* * * * * 

Paragraph 7005 Alaskan high altitude 

reporting points. 

* * * * * 

MARLO: [Removed] 

* * * * * 

CJAYY: [New] 

Lat. 57°27′51′′ N., long. 150°31′51′′ W. (INT 

Kodiak, AK, 107° radial and Anchorage 

CTA/FIR boundary). 

Issued in Washington, DC, on December 

15, 2011. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2011–33019 Filed 12–23–11; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 240 

[Release No. 34–66020; File No. S7–19–10] 

RIN 3235–AK69 

Extension of Temporary Registration 

of Municipal Advisors 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Interim final temporary rule; 

extension. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is 

amending interim final temporary Rule 

15Ba2–6T, which provides for the 

temporary registration of municipal 

advisors under the Securities Exchange 

Act of 1934 (‘‘Exchange Act’’), as 

amended by the Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

(‘‘Dodd-Frank Act’’), to extend the date 

on which Rule 15Ba2–6T will sunset 

from December 31, 2011 to September 

30, 2012. Under the amendment, all 

temporary registrations submitted 

pursuant to Rule 15Ba2–6T will expire 

no later than September 30, 2012. 

DATES: Effective Date: December 31, 

2011. The expiration of the effective 

period of interim final temporary Rule 

15Ba2–6T (17 CFR 240.15Ba2–6T) is 

delayed from December 31, 2011, to 

September 30, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Victoria Crane, Assistant Director, 

Office of Market Supervision, at (202) 

551–5744; Yue Ding, Attorney-Adviser, 

Office of Market Supervision, at (202) 

551–5842; Mary Simpkins, Senior 

Special Counsel, Office of Municipal 

Securities, at (202) 551–5683; Dave 

Sanchez, Attorney Fellow, Office of 

Municipal Securities, at (202) 551–5540; 

John L. McWilliams, III, Attorney 

Fellow, Office of Municipal Securities, 

at (202) 551–5688; or any of the above 

at Division of Trading and Markets, 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549–6628. 

SUPPLEMENTARY INFORMATION: The 

Commission is extending the expiration 

date for interim final temporary Rule 

15Ba2–6T under the Exchange Act. 

I. Discussion 

Section 15B(a)(1) of the Exchange 

Act,1 as amended by Section 

975(a)(1)(B) of the Dodd-Frank Act,2

makes it unlawful for a municipal 

advisor to provide advice to or on behalf 

of a municipal entity or obligated 

person with respect to municipal 

financial products or the issuance of 

municipal securities, or to undertake a 

solicitation of a municipal entity or 

obligated person, unless the municipal 

advisor is registered with the 

Commission. Section 15B(a)(2) of the 

Exchange Act,3 as amended by Section 

975(a)(2) of the Dodd-Frank Act, 

provides that a municipal advisor may 

be registered by filing with the 

Commission an application for 

registration in such form and containing 

such information and documents 

concerning the municipal advisor and 

any person associated with the 

municipal advisor as the Commission, 

by rule, may prescribe as necessary or 

appropriate in the public interest or for 

the protection of investors. 

The registration requirement for 

municipal advisors became effective on 

October 1, 2010. On September 1, 2010, 

the Commission adopted interim final 

temporary Rule 15Ba2–6T under the 

Exchange Act,4 which permits 

municipal advisors to temporarily 

satisfy the statutory registration 

requirement by completing Form MA– 

T5 through the Commission’s public 

Web site.6 Rule 15Ba2–6T serves as a 

transitional step to the implementation 

of a permanent registration program, 

makes relevant information available to 

the public and municipal entities, and 

permits municipal advisors to continue 

their business after October 1, 2010. 

Under existing Rule 15Ba2–6T, all 

temporary registrations submitted 

pursuant to that rule will expire on the 

earlier of: (1) The date that the 

municipal advisor’s registration is 

approved or disapproved by the 

Commission pursuant to a final rule 

adopted by the Commission establishing 

another manner of registration of 

municipal advisors and prescribing a 

form for such purpose; 7 (2) the date on 

which the municipal advisor’s 

temporary registration is rescinded by 

the Commission; or (3) on December 31, 

2011.8 Further, existing Rule 15Ba2–6T 

will expire on December 31, 2011.9

As stated in the Interim Release, the 

Commission believes that providing a 

temporary registration process for 

municipal advisors, pursuant to an 

interim final temporary rule, is a 


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