[Federal Register: October 24, 2008 (Volume 73, Number 207)]
[Rules and Regulations]
[Page 63357-63359]
[DOCID:fr24oc08-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1127; Directorate Identifier 2008-CE-061-AD;
Amendment 39-15707; AD 2008-22-11]
RIN 2120-AA64

Airworthiness Directives; Hawker Beechcraft Corporation Model 390
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Hawker Beechcraft Corporation (HBC) Model 390 airplanes. This
AD requires you to inspect hydraulic pump pressure output hose
assemblies to determine if they are from the affected lots, inspect for
hydraulic fluid leaks if the hose assemblies are from the affected
lots, and replace all affected hose assemblies. This AD results from
reports of hydraulic leaks from the hydraulic pump pressure output hose
assemblies. We are issuing this AD to prevent leakage of hydraulic
fluid from the pump output hose within the engine compartment, which
could result in an in-flight fire.

DATES: This AD becomes effective on November 3, 2008.
    On November 3, 2008, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
    We must receive any comments on this AD by December 23, 2008.

ADDRESSES: Use one of the following addresses to comment on this AD.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, 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.
    To get the service information identified in this AD, contact
Hawker Beechcraft Corporation, P.O. Box 85, Wichita, Kansas 67201-0085;
telephone:<PHONE_NUMBER> or<PHONE_NUMBER>; Internet: http://
pubs.hawkerbeechcraft.com.
    To view the comments to this AD, go to http://www.regulations.gov.
The docket number is FAA-2008-1127; Directorate Identifier 2008-CE-061-
AD.

FOR FURTHER INFORMATION CONTACT: Mike Imbler, Aerospace Engineer,
Wichita Aircraft Certification Office, 1801 Airport Road, Room 100,
Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We received reports of hydraulic leaks from the hydraulic pump
pressure output hose assemblies delivered to HBC. These assemblies were
specially designed for use on the Model 390 airplanes and delivered
only to HBC. Subsequent investigation revealed that a particular lot of
hoses were thermally damaged during the manufacturing extrusion
process. Parker's Stratoflex Products division discovered that some
hose assemblies delivered to HBC for the Model 390 airplanes were in
the thermally damaged lot of hoses.
    This condition, if not corrected, could result in leakage of
hydraulic fluid from the pump output hose within the engine
compartment, which could cause an in-flight fire.

Relevant Service Information

    We reviewed Hawker Beechcraft Mandatory Service Bulletin SB 29-
3897, dated August 2008. The service information describes procedures
for inspection for suspect hydraulic pump pressure output hose
assemblies and replacement of hose assemblies if necessary.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This AD requires
inspection for suspect hydraulic pump pressure output hose assemblies
and replacement of hose assemblies if necessary.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
leakage of hydraulic fluid from the pump output hose within the engine
compartment could result in an in-flight fire. Therefore, we determined
that notice and opportunity for public comment before issuing this AD
are impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and an opportunity for
public comment. We invite you to send any written relevant data, views,
or arguments regarding this AD. Send your comments to an address listed
under the ADDRESSES section. Include the docket number ``FAA-2008-1127;
Directorate Identifier 2008-CE-061-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date

and may amend the AD in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (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) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the AD, the regulatory
evaluation, any comments received, and other information on the
Internet at http://www.regulations.gov; or in person at the Docket
Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2008-22-11 Hawker Beechcraft Corporation: Amendment 39-15707; Docket
No. FAA-2008-1127; Directorate Identifier 2008-CE-061-AD.

Effective Date

    (a) This AD becomes effective on November 3, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following Model 390 airplanes that
are certificated in any category:
    (1) Serial numbers RB-1 and RB-4 through RB-209 equipped with
hose kit 390-5805-0001 installed during compliance with Hawker
Beechcraft Mandatory Service Bulletin 29-3800, dated May 2007); and
    (2) Serial numbers RB-210 though RB-239.

Unsafe Condition

    (d) This AD is the result of reports of hydraulic leaks from the
hydraulic pump pressure output hose assemblies. We are issuing this
AD to prevent leakage of hydraulic fluid from the pump output hose
within the engine compartment, which could cause an in-flight fire.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

----------------------------------------------------------------------------------------------------------------
             Actions                             Compliance                              Procedures
----------------------------------------------------------------------------------------------------------------
(1) Initially inspect for suspect  Within 10 hours time-in-service (TIS)   Follow Hawker Beechcraft Mandatory
 engine hydraulic pump pressure     after November 3, 2008 (the effective   Service Bulletin SB 29-3897, dated
 output hose assemblies, left       date of this AD).                       August 2008.
 part number (P/N) 170H143-6CR-
 0174 and right P/N
 170H192D0394C275, by looking at
 the identification tags for work
 order numbers and manufacturing
 dates listed in Table 1 of the
 Hawker Beechcraft Mandatory
 Service Bulletin SB 29-3897,
 dated August 2008. If, as a
 result of this inspection, you
 find these affected hose
 assemblies are not installed, no
 further action is required.
(2) If as a result of the          Initially within 10 hours time-in-      Follow Hawker Beechcraft Mandatory
 inspection required in paragraph   service (TIS) after November 3, 2008    Service Bulletin SB 29-3897, dated
 (e)(1) of this AD, you find one    (the effective date of this AD) and     August 2008.
 of the hose assemblies is          repetitively thereafter at intervals
 installed, inspect for evidence    not to exceed 10 hours TIS until
 of hydraulic fluid leakage.        whichever of the following occurs
                                    first:
                                      (i) When 40 hours total TIS is
                                       accumulated on the installed hose
                                       assembly; or
                                      (ii) When the hose assembly is
                                       replaced following the procedures
                                       in the service information.
(3) Replace the hose assembly....  Replace following paragraph (e)(3)(i)   Follow Hawker Beechcraft Mandatory
                                    or (e)(3)(ii), whichever applies and    Service Bulletin SB 29-3897, dated
                                    occurs first:                           August 2008.

                                      (i) Before further flight after any
                                       inspection where hydraulic fluid
                                       leakage was found; or
                                      (ii) Within the next 200 hours TIS
                                       after November 3, 2008 (the
                                       effective date of this AD) or
                                       within the next 6 months after
                                       November 3, 2008 (the effective
                                       date of this AD), whichever occurs
                                       first.
----------------------------------------------------------------------------------------------------------------

    (f) The replacement required by paragraph (e)(3) of this AD is
terminating action for this AD. This replacement may be done instead
of the inspections required by paragraphs (e)(1) and (e)(2) of this
AD.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Mike Imbler, Aerospace Engineer, Wichita ACO, 1801 Airport
Road, Room 100, Wichita, Kansas 67209; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>. Before using any approved AMOC on any airplane
to which the AMOC applies, notify your appropriate principal
inspector (PI) in the FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.

Material Incorporated by Reference

    (h) You must use Hawker Beechcraft Mandatory Service Bulletin SB
29-3897, dated August 2008 to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Hawker Beechcraft Corporation, P.O. Box 85, Wichita, Kansas 67201-
0085; telephone:<PHONE_NUMBER> or<PHONE_NUMBER>; Internet: http://
pubs.hawkerbeechcraft.com.
    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_
of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on October 17, 2008.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-25284 Filed 10-23-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: September 15, 2009 (Volume 74, Number 177)]
[Notices]
[Page 47304-47305]
[DOCID:fr15se09-148]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2009-40]

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 involved and must be received on or before September 30, 2009.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0809 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 (DOT), 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: Maria G. Delgado, ANM-113, (425) 227-
2775, FAA, Transport Airplane Directorate, 1601 Lind Ave., SW., Renton,
Washington 98057-3356; or Ralen Gao, ARM-200,<PHONE_NUMBER>, FAA,
Office of Rulemaking, 800 Independence Ave., SW., Washington, DC 20591.
This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC on September 9, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2009-0809.
    Petitioner: Airbus.
    Sections of 14 CFR Affected: Sec. Sec.  25.305(b) and 25.307.
    Description of Relief Sought: The petitioner requests an exemption
from the requirements of Sec. Sec.  25.305(b) and 25.307 for certain
Airbus Model A330-233 and -323 airplanes. If granted, this exemption
would be time-limited to permit installation of Pratt & Whitney
PW4168A-1D engines without a fan cowl hinge upgrade, until Airbus can
substantiate that the current fan cowl hinge design does not require
the upgrade.

[FR Doc. E9-22117 Filed 9-14-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: January 8, 2009 (Volume 74, Number 5)]
[Rules and Regulations]
[Page 769-770]
[DOCID:fr08ja09-1]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0873; Airspace Docket No. 08-AGL-7]

Establishment of Class E Airspace; Branson, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Branson Airport,
Branson, MO. Establishment of an air traffic control tower and Standard
Instrument Approach Procedures (SIAPs) have made this action necessary
for the safety of Instrument Flight Rule (IFR) operations at the
airport. Also, this action corrects the name to Branson Airport, and
makes a correction to the geographic coordinates for Branson Airport.

DATES: Effective Date: 0901 UTC, March 12, 2009. 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: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Ft. Worth, TX 76193-0530; telephone (817)
222-5582.

SUPPLEMENTARY INFORMATION:

History

    On October 22, 2008, the FAA published in the Federal Register a
notice of proposed rulemaking to establish Class E airspace at Branson,
MO (73 FR 62940, Docket No. FAA-2008-0873). Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received. With
the exception of editorial changes, and the changes described above,
this rule is the same as that proposed in the NPRM. Class E airspace
designations are published in paragraphs 6002 and 6005 of FAA Order
7400.9S signed October 3, 2008, and effective October 31, 2008, which
is incorporated by reference in 14 CFR part 71.1. The Class E airspace
designations listed in this document will be published subsequently in
that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by establishing Class E airspace at Branson Airport, Branson,
MO. Controlled airspace is necessary to accommodate a new air traffic
control tower and SIAPs for IFR operations at this new airport.
    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 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 U.S. Code. Subtitle 1, 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 establishes controlled airspace at Branson Airport, Branson, MO.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
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(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 part 71.1 of the Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008, is amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ACE MO E2 Branson, MO [New]

Branson Airport, MO
    (lat. 36[deg]31'55'' N., long. 93[deg]12'02'' W.)

    Within a 4.1-mile radius of Branson Airport. This Class E
airspace area is effective during the 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.
* * * * *
Paragraph 6005 Class E airspace areas extending upward from 700 feet
or more above the surface of the earth.

ACE MO E5 Branson, MO [New]

Branson Airport, MO
    (Lat. 36[deg]31'55'' N., long. 93[deg]12'02'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Branson Airport.
* * * * *

    Issued in Fort Worth, TX, on December 19, 2008.
Donald R. Smith,
Manager, Operations Support Group, Central Service Center.
[FR Doc. E8-31441 Filed 1-7-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Notices]
[Pages 145-147]
[FR Doc No: 2011-33625]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66059; File No. SR-NYSE-2011-67]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Extending for an Additional 12 Months the Pilot Program That Provides
an Exception to NYSE Rule 2B by Permitting the Exchange's Equity
Ownership Interest in BIDS Holdings L.P.

December 27, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 16, 2011, the New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend for an additional 12 months the
January 22, 2012 expiration date of the pilot program that provides an
exception to NYSE Rule 2B by permitting the Exchange's equity ownership
interest in BIDS Holdings L.P. (``BIDS''). The text of the proposed
rule change is available at the Exchange, the Commission's Public
Reference Room, and http://www.nyse.com.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On January 22, 2009, the Securities and Exchange Commission
(``SEC'' or ``Commission'') approved the governance structure proposed
by the Exchange with respect to the New York Block Exchange (``NYBX''),
an electronic trading facility of the Exchange for NYSE-listed
securities that was established by means of a joint venture between the
Exchange and BIDS.\3\ The governance structure that was approved is
reflected in the Limited Liability Company Agreement of New York Block
Exchange LLC (the ``Company''), the entity that owns and operates NYBX.
Under the governance structure approved by the Commission, the Exchange
and BIDS each own a 50% economic interest in the Company. In addition,
the Exchange, through its wholly-owned subsidiary NYSE Market, Inc.,
owns less than 10% of the aggregate limited partnership interest in
BIDS. BIDS is the parent company of BIDS Trading, L.P. (``BIDS
Trading''), which became a member of the Exchange in connection with
the establishment of NYBX.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 59281 (January 22,
2009), 74 FR 5014 (January 28, 2009) (order approving SR-NYSE-2008-
120) (``Approval Order'').
---------------------------------------------------------------------------

    The foregoing ownership arrangements would violate NYSE Rule 2B
without an exception from the Commission.\4\ First, the Exchange's
indirect ownership interest in BIDS Trading violates the prohibition in
Rule 2B against the Exchange maintaining an ownership interest in a
member organization. Second, BIDS Trading is an affiliate of an
affiliate of the Exchange,\5\ which violates the prohibition in Rule 2B
against a member of the Exchange having such status. Consequently, in
the Approval Order, the Commission permitted an exception to these two
potential violations of NYSE Rule 2B, subject to a number of
limitations and conditions. One of the conditions for Commission
approval was that the proposed exception from NYSE Rule 2B to permit
NYSE's indirect ownership/interest in BIDS Trading and BIDS Trading's
affiliation with the Company (which is an affiliate of NYSE) would be
for a pilot period of 12 months.\6\
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    \4\ NYSE Rule 2B provides, in relevant part, that: ``[w]ithout
prior SEC approval, the Exchange or any entity with which it is
affiliated shall not, directly or indirectly, acquire or maintain an
ownership interest in a member organization. In addition, a member
organization shall not be or become an affiliate of the Exchange, or
an affiliate of any affiliate of the Exchange. * * * The term
affiliate shall have the meaning specified in Rule 12b-2 under the
Act.''
    \5\ Specifically, the Company is an affiliate of the Exchange,
and BIDS Trading is an affiliate of the Company based on their
common control by BIDS. The affiliation in each case is the result
of the 50% ownership interest in the Company by each of the Exchange
and BIDS.
    \6\ See Approval Order, 74 FR at 5018.
---------------------------------------------------------------------------

    In discussing the pilot basis of the exception to NYSE Rule 2B, the
Approval Order noted that the pilot period ``will provide NYSE and the
Commission an opportunity to assess whether there might be any adverse
consequences of the exception and whether a permanent exception is
warranted.'' \7\ The original 12-month pilot period expired on January
22, 2010 and was extended for two additional 12 month periods to
January 22, 2012.\8\ While the Exchange believes that the experience to
date operating under the exception to Rule 2B fully justifies making
the exception permanent, the Exchange now seeks to extend the ending
date for the pilot program for another 12 months to January 22, 2013

to allow additional time, if necessary, for the Commission to obtain
and review the information it needs in order to make its determination
regarding any adverse consequences of the exception and whether a
permanent exception is warranted. During the proposed extension of the
pilot program period, the Exchange's current indirect ownership
interest in BIDS Trading \9\ and BIDS Trading's affiliation with the
Company would continue to be permitted.
---------------------------------------------------------------------------

    \7\ Id. at 5019.
    \8\ The original twelve month period was first extended by a
rule filing made by the Exchange on January 11, 2010 and noticed in
a release by the Commission dated January 22, 2010. See Securities
Exchange Act Release No. 61409 (January 22, 2010), 75 FR 4889
(January 29, 2010) (File No. SR-NYSE-2010-04). The Exchange filed
the proposed rule change for the second extension with the
Commission on December 9, 2010, which was noticed in a release by
the Commission dated December 14, 2010. See Securities Exchange Act
Release No. 34-63545 (December 14, 2010), 75 FR 80088 (December 21,
2010) (File No. SR-NYSE-2010-82).
    \9\ Another condition for the exception to NYSE Rule 2B
specified in the Approval Order was that the Exchange's equity
interest in BIDS must remain less than 9%, absent prior Commission
approval of any increase. See id. at 5018. Subsequently, the
Commission approved a proposal by the Exchange to slightly increase
the ceiling on its equity ownership in BIDS to less than 10%, and
that will be the applicable limitation during the extension of the
pilot period. See Securities Exchange Act Release No. 61257
(December 30, 2009), 75 FR 500 (January 5, 2010) (order approving
SR-NYSE-2009-116).
---------------------------------------------------------------------------

    If the Commission should determine prior to the end of the extended
pilot period that a permanent exception to NYSE Rule 2B is warranted,
the Exchange would have the option of submitting a proposed rule change
to accomplish this and simultaneously terminate the pilot program.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \10\ of
the Act,\11\ in general, and furthers the objectives of Section 6(b)(1)
\12\ of the Act, which requires a national securities exchange to be so
organized and have the capacity to carry out the purposes of the Act
and to comply, and to enforce compliance by its members and persons
associated with its members, with the provisions of the Act. The
proposed rule change is also consistent with, and furthers the
objectives of, Section 6(b)(5) \13\ of the Act, in that it is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78.
    \12\ 15 U.S.C. 78f(b)(1).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In the Approval Order, the Commission determined that the proposed
exception from NYSE Rule 2B to permit NYSE's indirect ownership
interest in BIDS Trading and BIDS Trading's affiliation with the
Company was consistent with the Act, including Section 6(b)(5)
thereof.\14\ As the basis for its determination, the Commission cited
the specific limitations and conditions listed in the Approval Order to
which its approval of the exception to NYSE Rule 2B was subject,\15\
stating: ``These conditions appear reasonably designed to mitigate
concerns about potential conflicts of interest and unfair competitive
advantage. * * * These conditions appear reasonably designed to promote
robust and independent regulation of BIDS. * * * The Commission
believes that, taken together, these conditions are reasonably designed
to mitigate potential conflicts between the Exchange's commercial
interest in BIDS and its regulatory responsibilities with respect to
BIDS.'' \16\ Because these same limitations and conditions will
continue to be applicable during the additional extension of the pilot
period, other than the ending date of the pilot period and the
aforementioned small increase in the ceiling on the Exchange's equity
interest in BIDS, the Exchange believes that the exception from NYSE
Rule 2B described above will continue to be consistent with the Act
during that extension.
---------------------------------------------------------------------------

    \14\ See Approval Order, 74 FR at 5018-5019.
    \15\ Id. at 5018.
    \16\ Id. at 5019.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
Because the proposed rule change does not: (i) significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\19\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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.

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-NYSE-2011-67 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2011-67. 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 Web site (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 Web site 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 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2011-67 and should be submitted on or before
January 24, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-33625 Filed 12-30-11; 8:45 am]
BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on July 11, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-21183

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Turkish Airways (Turk Hava Yollari, A.O.)			Date Filed:  May
5, 2005

Relief requested:   Exemption from 49 U.S.C. § 41301 to engage in
scheduled foreign air transportation of persons, property and mail from
behind Turkey, via Turkey and intermediate points, to a point or points
in the United States and beyond.

If renewal, date and citation of last action: New authority

Applicant representatives:  Charles J. Simpson, Jr. & Nisha Saxena
(202) 298-8660

DOT Analyst:  Shelita A. Smith<PHONE_NUMBER>

Responsive pleadings:  None filed

DISPOSITION

Action:  Approved							Action date:  July 11, 2005

Effective dates of exemption authority granted:  July 11, 2005 – July
11, 2007

Basis for approval (bilateral agreement/reciprocity):  U.S.-Turkey Air
Transport Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

 X    Standard exemption conditions (attached)            X    Foreign
air carrier permit   (Order 98-6-23)

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:  Paul L. Gretch, Director

		   Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant is qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied

all requests in the referenced Docket.  We may amend, modify, or revoke
the authority granted in this Notice at any time without hearing at our
discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

05/2004


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA, Certification and Compliance Div., Office of Trans. And Air Qual. 2. OMB control number b. G None a. 2060 0321 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title Spark ignition Marine Engine Application for Emission Certification and Participation in the Averaging, Banking, and Trading Program 40 CFR Part 91, Subparts B and C 8. Agency form number( s) ( If applicable) 1722.03 9. Keywords Clean Air Act, Environmental Protection, Air Pollution Control 10. Abstract: Engine manufacturers must obtain a certificate of compliance with applicable emission standards before the start of production. Manufacturers are required to submit a description of the engine families and emission test data to demonstrate compliance. The Averaging, Trading and Banking program allows manufacturers to certify to a corporate average emission standard and to earn emission credits on cleaner engine families and use them later to certify engine families with emission levels above the standards. The average emissions of all the manufacturer's engine families participating in the program must not exceed the standards.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 10 b. Total annual responses 254 1. Percentage of these responses collected electronically 100 % c. Total hours requested 38,647 d. Current OMB inventory 51,099 e. Difference ( 12,452) f. Explanation of difference 1. Program Change 2. Adjustment ( 12,452) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) $ 2 c. Total annualized cost requested $ 2 d. Current OMB inventory 0 e. Difference $ 2 f. Explanation of difference 1. Program change 2. Adjustment 2 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. X_ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. a Quarterly 5. Q Semi annually 6. X Annually 7. Q Biannually 8. a Other ( describe) There are recordkeeping requirements of up to eight years.

17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: William H. Rutledge Phone: 202 564 9297 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Gregory A. Green Certification and Compliance Division Office of Transportation and Air Quality Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Informationw Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Rules and Regulations]
[Pages 32219-32221]
[FR Doc No: 2021-12729]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0419]
RIN 1625-AA00

Safety Zone; Charlevoix Venetian Festival Air Show, Lake
Charlevoix, MI, Sector Sault Ste. Marie Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Sault Ste. Marie Captain of the Port zone. This safety zone is intended
to restrict vessels from certain portions of Lake Charlevoix, MI during
air show activities. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
the air show. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sault Ste.
Marie.

DATES: This rule is effective from 9:45 p.m. on July 23, 2021 through
10 p.m. on July 23, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0419 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the
Document Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Deaven Palenzuela, Sector Sault Ste. Marie Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The Coast Guard received the safety
zone request on June 7, 2021. The Coast Guard did not receive the final
details of the requested safety zone with sufficient time for a comment
period to run before the start of the air show. Delaying this rule to
wait for a notice and comment period to run would be impracticable and
contrary to the public interest because it would inhibit the Coast
Guard's ability to protect the public from the potential hazards
associated with the air show.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons as discussed
in the preceding paragraph, a 30 day notice period would be
impracticable and contrary to the public interest. It is impracticable
to publish an NPRM because we must establish this safety zone by 9:45
p.m. on July 23, 2021 to protect the public from the hazards associated
with the air show.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Federal Aviation Administration
regulates air shows. This action is only for the safety zone. The
Captain of the Port Sault Ste. Marie (COTP) has determined that
potential hazards associated with the air show (i.e. noise levels and
possible crashing of the aircraft(s)) will be a safety concern for
anyone within Lake Charlevoix waters encompassed by a line connecting
the following points beginning at 45[deg]19'16'' N, 085[deg]14'22'' W;
thence to 45[deg]19'11'' N, 085[deg]13'49'' W; thence to 45[deg]18'39''
N, 085[deg]13'59'' W; thence to 45[deg]18'45'' N, 085[deg]14'33'' W;
and back to the beginning point. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone during the air show.

IV. Discussion of the Rule

    This rule is necessary to ensure the safety of vessels during the
aforementioned air show. The temporary safety zone will encompass all
U.S. navigable waters of Lake Charlevoix bounded by a line drawn from
45[deg]19'16'' N, 085[deg]14'22'' W; thence to 45[deg]19'11'' N,
085[deg]13'49'' W; thence to 45[deg]18'39'' N, 085[deg]13'59'' W;
thence to 45[deg]18'45'' N, 085[deg]14'33'' W; and back to the
beginning point of origin. The safety zone will be enforced from 9:45
p.m. to 10 p.m. on July 23, 2021. Entry into, transiting, or anchoring
within the safety zone is prohibited unless authorized by the Captain
of the Port, Sault Sainte Marie, or a designated on-scene
representative. The Captain of the Port or a designated on-scene
representative may be contacted via VHF Channel 16 or telephone at 906-
635-3233.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses

based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the conclusion
that this rule is not a significant regulatory action because we
anticipate that will have minimal impact on the economy, will not
interfere with other agencies, will not adversely alter the budget of
any grant or loan recipients, and will not raise any novel legal or
policy issues. The safety zone created by this rule is confined to area
encompassing air show area over water and will be enforced only for the
duration of the air show. Under certain conditions, moreover, vessels
may still transit through the safety zones when permitted by the
Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
establishment of a safety zone lasting less than 15 minutes during the
air show activities. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0419 to read as follows:

Sec.  165.T09-0419   Safety Zone; Charlevoix Venetian Festival Air
Show, Lake Charlevoix, Michigan.

    (a) Location. The following areas are temporary safety zones: All
U.S. navigable waters of Lake Charlevoix bounded by a line drawn from
45[deg]19'16'' N, 085[deg]14'22'' W; thence to 45[deg]19'11'' N,
085[deg]13'49'' W; thence to 45[deg]18'39'' N,

085[deg]13'59'' W; thence to 45[deg]18'45'' N, 085[deg]14'33'' W; and
back to the beginning point of origin.
    (b) Enforcement period. This section will be enforced from 9:45
p.m. through 10 p.m. on July 23, 2021. The section will be enforced
during additional times while in effect with actual notice as-needed to
mitigate risks associated with the air show.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within these safety
zones are prohibited unless authorized by the Captain of the Port,
Sault Sainte. Marie or his on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sault Sainte Marie or his on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Sault Sainte Marie is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sault
Sainte Marie to act on his or her behalf. The on-scene representative
of the Captain of the Port, Sault Sainte Marie will be aboard a Coast
Guard vessel.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sault Sainte Marie, or his
on-scene representative to obtain permission to do so. The Captain of
the Port, Sault Sainte Marie or his on-scene representative may be
contacted via VHF Channel 16 or telephone at<PHONE_NUMBER>. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the Captain of the Port,
Sault Sainte Marie or his on-scene representative.

    Dated: June 11, 2021.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2021-12729 Filed 6-16-21; 8:45 am]
BILLING CODE 9110-04-P