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. 

Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 52015 

Dated: August 29, 2005. 

Jonathan G. Katz, 

Secretary. 

[FR Doc. 05–17531 Filed 8–30–05; 1:53 pm] 

BILLING CODE 8010–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 14 

RIN 2900–AM20 

Jurisdictions and Addresses of 

Regional Counsels 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Department of Veterans Affairs (VA) 

regulations regarding the jurisdictions 

and addresses of the General Counsel’s 

Regional Counsels. This amendment is 

necessary to update Title 38, Code of 

Federal Regulations, to reflect recent 

jurisdiction and address changes. 

DATES: Effective Date: September 1, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

Susan Sokoll, Deputy Director, Legal 

Information Division, Office of General 

Counsel (026H), Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, telephone (202) 

273–6558. 

SUPPLEMENTARY INFORMATION: VA’s 

regulation 38 CFR 14.501, ‘‘Functions 

and responsibilities of Regional 

Counsels,’’ has the jurisdictions and 

addresses of Regional Counsels in 

paragraph (f). This amendment removes 

obsolete information in that paragraph, 

regarding the jurisdictions and 

addresses of Regional Counsels and 

replaces it with current information. 

The rule provides updated addresses for 

several Regional Counsels. Additionally, 

it reflects a reorganization of the 

jurisdictions of some Regional Counsels. 

The 23 regions previously referenced in 

§ 14.501(f) have been consolidated into 

22 regions. Accordingly, this rule 

removes reference to former Region 17 

and reflects the revised jurisdictions of 

Regions 18 and 19 as a result of that 

reorganization. 

Administrative Procedure Act 

These changes to 38 CFR 14.501(f) are 

being published without regard to 

notice-and-comment procedures of 5 

U.S.C. 553(b) because they involve only 

matters of agency organization, which 

are exempted from such procedures by 

virtue of 5 U.S.C. 553(b)(3)(A). Further, 

because these changes do not involve 

substantive rules, they are not subject to 

the provisions of 5 U.S.C. 553(d) 

providing for a 30-day delay in the 

effective date of substantive rules. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521). 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

developing any rule that may result in 

an expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

(adjusted annually for inflation) in any 

given year. This rule would have no 

such effect on State, local, or tribal 

governments, or the private sector. 

Executive Order 12866 

This document has been reviewed by 

the Office of Management and Budget 

under Executive Order 12866. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this regulatory amendment will not 

have a significant economic impact on 

a substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. This 

regulation deals with the internal 

organization of the VA Regional 

Counsels and primarily impacts VA and 

beneficiaries. To the extent that any 

small entities deal with VA Regional 

Counsels, this rule merely provides 

information to assist such entities in 

identifying and locating the proper 

Regional Counsel and thus will not have 

any significant economic impact upon a 

substantial number of small entities. 

Therefore, pursuant to 5 U.S.C. 605(b), 

this amendment is exempt from the 

initial and final regulatory flexibility 

analysis requirements of sections 603 

and 604. 

Catalog of Federal Domestic Assistance 

There is no Catalog of Federal 

Domestic Assistance program number 

associated with this rulemaking. 

List of Subjects in 38 CFR Part 14 

Administrative practice and 

procedure, Claims, Courts, Foreign 

relations, Government employees, 

Lawyers, Legal services, Organization 

and functions (Government agencies), 

Reporting and recordkeeping 

requirements, Surety bonds, Trusts and 

trustees, Veterans. 

Approved: August 11, 2005. 

Gordon H. Mansfield, 

Deputy Secretary of Veterans Affairs. 

■ For the reasons set forth in the 

preamble, 38 CFR part 14 is amended as 

follows: 

PART 14—LEGAL SERVICES, 

GENERAL COUNSEL, AND 

MISCELLANEOUS CLAIMS 

■ 1. The authority citation for part 14 

continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 2671–

2680; 38 U.S.C. 501(a), 512, 515, 5502, 5902–

5905; 28 CFR part 14, appendix to part 14, 

unless otherwise noted. 

■ 2. Section 14.501(f) is revised to read 

as follows: 

§ 14.501 Functions and responsibilities of 

Regional Counsels. 

* * * * * 

(f) The jurisdictions and addresses of 

Regional Counsels are as follows: 

(1) Region 1: (JURISDICTION) 

Connecticut, Maine, Massachusetts, 

New Hampshire, Rhode Island; 

(ADDRESS) VAMC, 200 Springs Road, 

Bldg. 61, Bedford, MA 01730. 

(2) Region 2: (JURISDICTION) New 

Jersey, Metropolitan New York City; 

(ADDRESS) 800 Poly Place, Building 14, 

Brooklyn, NY 11209. 

(3) Region 3: (JURISDICTION) District 

of Columbia; Fairfax, Virginia; 

Arlington, Virginia; Alexandria, 

Virginia; Martinsburg, West Virginia; 

and Maryland; (ADDRESS) 3900 Loch 

Raven Blvd., Bldg. 4, Baltimore, MD 

21218. 

(4) Region 4: (JURISDICTION) 

Pennsylvania, Delaware; (ADDRESS) 

University & Woodland Avenues, 

Philadelphia, PA 19104. 

(5) Region 5: (JURISDICTION) 

Georgia, South Carolina; (ADDRESS) 

1700 Clairmont Rd., Decatur, GA 

30033–4032. 

(6) Region 6: (JURISDICTION) Florida, 

Puerto Rico; (ADDRESS) P.O. Box 5005, 

Building 22, Room 333, Bay Pines, FL 

33744. 

(7) Region 7: (JURISDICTION) Ohio, 

West Virginia (excluding Martinsburg, 

West Virginia); (ADDRESS) 10000 

Brecksville Rd., Bldg. 1, 5th Floor, 

Brecksville, OH 44141. 

(8) Region 8: (JURISDICTION) 

Arkansas, Tennessee; (ADDRESS) 110 

9th Ave., South Room A–201A, 

Nashville, TN 37203. 

(9) Region 9: (JURISDICTION) 

Alabama, Mississippi; (ADDRESS) 1500 

E. Woodrow Wilson Dr., Jackson, MS 

39216. 

(10) Region 10: (JURISDICTION) 

Illinois, Iowa; (ADDRESS) VA Medical 

Center, Bldg. 1, G Section 1st Floor, P. 

O. Box 1427, Hines, IL 60141.