Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 52013 

§ 71.15 [Amended] 

■ 4. Section 71.15 is amended by 

removing the words ‘‘FAA Order 

7400.9’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9N.’’

§ 71.31 [Amended] 

■ 5. Section 71.31 is amended by 

removing the words ‘‘FAA Order 

7400.9M’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9N.’’

§ 71.33 [Amended] 

■ 6. Paragraph (c) of § 71.33 is amended 

by removing the words ‘‘FAA Order 

7400.9M’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9N.’’

§ 71.41 [Amended] 

■ 7. Section 71.41 is amended by 

removing the words ‘‘FAA Order 

7400.9M’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9N.’’

§ 71.51 [Amended] 

■ 8. Section 71.51 is amended by 

removing the words ‘‘FAA Order 

7400.9M’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9N.’’

§ 71.61 [Amended] 

■ 9. Section 71.61 is amended by 

removing the words ‘‘FAA Order 

7400.9M’’ and adding, in their place, the 

words ‘‘FAA Order 7400.9N.’’

§ 71.71 [Amended] 

■ 10. Paragraphs (b), (c), (d), (e), and (f) 

of § 71.71 are amended by removing the 

words ‘‘FAA Order 7400.9M’’ and 

adding, in their place, the words ‘‘FAA 

Order 7400.9N.’’

§ 71.901 [Amended] 

■ 11. Paragraph (a) of § 71.901 is 

amended by removing the words ‘‘FAA 

Order 7400.9M’’ and adding, in their 

place, the words ‘‘FAA Order 7400.9N.’’

Issued in Washington, DC, on August 12, 

2005. 

Sheri Edgett Baron, 

Acting Manager, Airspace and Rules. 

[FR Doc. 05–16326 Filed 8–31–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 95 

[Docket No. 30453; Amdt. No. 456] 

IFR Altitudes; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Correction. 

SUMMARY: This action corrects errors in 

certain amendments to the required IFR 

(instrument flight rules) altitudes and 

changeover points for certain Federal 

airways, jet routes, or direct routes for 

which a minimum or maximum en 

route authorized IFR altitude is 

prescribed listed in a final rule 

published in the Federal Register on 

August 2, 2005 (70 FR 44278). 

EFFECTIVE DATE: 0901 UTC, September 1, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

Donald P. Pate, Flight Procedure 

Standards Branch (AMCAFS–420), 

Flight Technologies and Programs 

Division, Flight Standards Service, 

Federal Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125) 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: 

History 

On August 2, 2005 final rule was 

published in the Federal Register (70 

FR 44278). This rule amended part 95 

of the Federal Aviation Regulations (14 

CFR part 95) by amending, suspending, 

or revoking IFR altitudes governing the 

operation of all aircraft in flight over a 

specified route or any portion of that 

route, as well as the changeover points 

(COPs) for Federal airways, jet routes, or 

direct routes as prescribed in part 95. In 

these amendments, the FAA 

inadverdantly listed seven High 

Altitude RNAV Q Routes with GNSS 

MEAs only, failing to include DME/ 

DME IRU RNAV MEAs. This action 

corrects that error. 

Correction to Final Rule 

■ Accordingly, and pursuant to the 

authority delegated to me, the legal 

descriptions for 94.4104 (Q104), 95.4106 

(Q106), 95–4108 (Q108), 95.4110 

(Q110), 95.4112 (Q–112), 95.4116 (Q–

116), and 95.4118 (Q118) as published 

in the Federal Register on August 2, 

2005 (70 FR 44278) and incorporated by 

reference in part 95 are corrected as 

follows: 

PART 95—[CORRECTED] 

CORRECTION TO REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS

[Amendment 456 Effective Date September 01, 2005] 

From To MEA MAA 

§ 95.4000 High Altitude RNAV Routes 

§ 95.4104 RNAV Route Q104 Is Added to Read 

Cypress, FL VOR/DME ..................................................... Defun, FL FIX ................................................................... #*18000 45000 

*18000—GNSS MEA.

#18000—DME/DME IRU RNAV MEA.

§ 95.4106 RNAV Route Q106 Is Added to Read 

Smelz, FL FIX ................................................................... Gaday, AL FIX ................................................................. #*18000 45000 

*18000—GNSS MEA.

#18000—DME/DME IRU RNAV MEA.

§ 95.4108 RNAV Route Q108 Is Added to Read 

Gaday, AL FIX .................................................................. Clawz, GA FIX ................................................................. #*18000 45000 

*18000—GNSS MEA.

#18000—DME/DME IRU RNAV MEA.

§ 95.4110 RNAV Route Q110 Is Added to Read 

Kpasa, FL FIX ................................................................... Feona, GA FIX ................................................................. #*18000 45000 

52014 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 

1See Securities Exchange Act Release No. 51808 

(June 9, 2005), 70 FR 37496 (June 29, 2005) 

(‘‘Regulation NMS Adopting Release’’). 

2See 17 CFR 242.300 et seq. Regulation ATS 

governs the activities of alternative trading systems. 

3See 17 CFR 242.301(b)(5). 

4See Section 553(b)(3)(B) of the Administrative 

Procedure Act (5 U.S.C. 553(b)(3)(B)) (an agency 

may dispense with prior notice and comment when 

it finds, for good cause, that notice and comment 

are ‘‘impracticable, unnecessary, or contrary to the 

public interest’’). 

5 5 U.S.C. 553(d)(1). 

CORRECTION TO REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS—Continued 

[Amendment 456 Effective Date September 01, 2005] 

From To MEA MAA 

*18000—GNSS MEA.

#18000—DME/DME IRU RNAV MEA.

§ 95.4112 RNAV Route Q112 Is Added to Read 

Inpin, FL FIX ..................................................................... Defun, FL FIX ................................................................... #*18000 45000 

*18000—GNSS MEA.

#18000—DME/DME IRU RNAV MEA.

§ 95.4116 RNAV Route Q116 Is Added to Read 

Kpasa, FL FIX ................................................................... Ceeya, GA FIX ................................................................. #*18000 45000 

*18000—GNSS MEA.

#18000—DME/DME IRU RNAV MEA.

§ 95.4118 RNAV Route Q118 Is Added to Read 

Kpasa, FL FIX ................................................................... Lenie, GA FIX .................................................................. #*18000 45000 

*18000—GNSS MEA.

#18000—DME/DME IRU RNAV MEA.

John M. Allen, 

Acting Director, Flight Standards Service. 

[FR Doc. 05–17476 Filed 8–31–05; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 242 

[Release No. 34–52355; File No. S7–10–04] 

Regulation NMS 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; extension of 

compliance date. 

SUMMARY: The Commission is extending 

the compliance date for the amendment 

to Rule 301(b)(5) of Regulation ATS 

under the Securities Exchange Act of 

1934 that was adopted in connection 

with Regulation NMS. 

DATES: The effective date for amended 

Rule 301(b)(5) remains August 29, 2005. 

The compliance date for amended Rule 

301(b)(5) is extended from August 29, 

2005 to September 28, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Michael Gaw, (202) 551–5602, Assistant 

Director, Division of Market Regulation, 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549. 

SUPPLEMENTARY INFORMATION: On June 

29, 2005, the Securities and Exchange 

Commission (‘‘Commission’’) published 

in the Federal Register its release 

adopting Regulation NMS 1 under the 

Securities Exchange Act of 1934 

(‘‘Exchange Act’’). In connection with 

the adoption of Regulation NMS, the 

Commission amended Rule 301(b)(5) of 

Regulation ATS 2 under the Exchange 

Act (‘‘Fair Access Rule’’). The Fair 

Access Rule provides, among other 

things, that, if an alternative trading 

system accounts for a certain percentage 

of the average daily volume in a security 

over four of the preceding six months, 

it: (1) Must establish written standards 

for granting access to trading on its 

system, and (2) must not unreasonably 

prohibit or limit any person in respect 

to access to services offered by such 

system by applying these written 

standards in an unfair or discriminatory 

manner.3 In adopting Regulation NMS, 

the Commission amended the Fair 

Access Rule to lower the fair access 

threshold from 20% of the average daily 

volume in a security to 5%. The 

Regulation NMS Adopting Release 

established an effective date and a 

compliance date of August 29, 2005 for 

the amended Fair Access Rule. 

A number of questions have been 

raised during the implementation 

period regarding the application of the 

amended Fair Access Rule to different 

business models. The Commission and 

its staff are continuing to consider these 

issues as well as requests for exemptive 

relief. Delaying the compliance date for 

thirty days will permit the Commission 

and its staff additional time to respond 

to the questions and exemptive requests. 

For the reasons cited above and given 

the impending August 29, 2005 

compliance date, the Commission, for 

good cause, finds that notice and 

solicitation of comment regarding the 

extension of the compliance date for the 

amended Fair Access Rule is 

impracticable, unnecessary, or contrary 

to the public interest.4 The Commission 

notes that the compliance date is a few 

days away, and that a limited extension 

of the compliance date will provide the 

Commission and its staff with needed 

time to resolve implementation issues 

with respect to various market 

participants. 

Further, the Commission notes that, 

in light of these time constraints, full 

notice and comment could not be 

completed prior to the August 29, 2005 

compliance date. The change to the 

compliance date for amended Rule 

301(b)(5) is effective immediately. This 

date is less than 30 days after 

publication in the Federal Register, in 

accordance with the Administrative 

Procedure Act, which allows 

effectiveness in less than 30 days after 

publication for ‘‘a substantive rule 

which grants or recognizes an 

exemption or relieves a restriction.’’5

By the Commission.