[Federal Register: August 23, 2010 (Volume 75, Number 162)]
[Notices]
[Page 51861-51863]
[DOCID:fr23au10-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62736; File No. SR-NASDAQ-2010-100]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change Regarding Routing to an
Affiliated Exchange

August 17, 2010.
    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 August 6, 2010, The NASDAQ Stock Market LLC (``NASDAQ'' 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.
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    \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

    NASDAQ is proposing a rule change to amend Rule 4751 to modify the
restriction on routing of Directed Orders to a facility of an exchange
that is an affiliate of NASDAQ. The text of the proposed rule change is
available from NASDAQ's Web site at http://nasdaq.cchwallstreet.com, at
NASDAQ's principal office, and at the Commission's Public Reference
Room.

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

    In its filing with the Commission, NASDAQ included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below, and is set forth in Sections A, B, and C below.

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

1. Purpose
    The NASDAQ OMX Group, Inc. (``NASDAQ OMX''), a Delaware
corporation, owns three U.S. registered securities exchanges--NASDAQ,
NASDAQ OMX PHLX, Inc. (``PHLX'') and NASDAQ OMX BX, Inc. (``BX''). In
addition, NASDAQ OMX currently indirectly owns Nasdaq Execution
Services, LLC (``NES''), a registered broker-dealer and a member of
PHLX. Thus, NES is an affiliate of each of NASDAQ, PHLX and BX.
    PHLX has proposed to launch NASDAQ OMX PSX (``PSX'') \3\ as a new
platform for trading NMS stocks (as defined in Rule 600 under
Regulation NMS).\4\ Although PSX will not route to other market
centers, PSX will receive orders routed to it by other market centers,
including NASDAQ. In this respect, PSX will be similar to the NASDAQ
OMX BX Equities System, which does not currently route orders to other
venues.
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    \3\ Securities Exchange Act Release No. 62519 (July 16, 2010),
75 FR 43497 (July 26, 2010) (SR-PHLX-2010-79) (``PSX Proposal'').
    \4\ 17 CFR 242.600.
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    NES is the approved outbound routing facility of NASDAQ for cash
equities, providing outbound routing from NASDAQ to other market
centers. NES does not provide inbound routing to NASDAQ. The
acquisition of NES by NASDAQ OMX was approved by the Commission in 2004
and 2005 \5\ and the rules under which NES currently routes orders from
NASDAQ to other market centers were approved initially by the
Commission in 2006 and have been amended on numerous occasions since
then.\6\ Rules 4751 and 4758 establish the conditions under which
NASDAQ is permitted to own and operate NES in its

capacity as a facility of NASDAQ that routes orders from NASDAQ to
other market centers. The conditions include requirements that: (1) NES
is operated as a facility of NASDAQ; (2) NES will not engage in any
business other than: (i) as an outbound router for NASDAQ and (ii) any
other activities it may engage in as approved by the Commission; (3)
for purposes of Commission Rule 17d-1, the designated examining
authority of NES is a self-regulatory organization unaffiliated with
NASDAQ; (4) use of NES to route orders to other market centers is
optional; \7\ and (5) NASDAQ will not route orders to an affiliated
exchange, such as PHLX, unless they check the NASDAQ book prior to
routing.
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    \5\ See Securities Exchange Act Release Nos. 50311 (September 3,
2004), 69 FR 54818 (September 10, 2004) (Order Granting Application
for a Temporary Conditional Exemption Pursuant To Section 36(a) of
the Exchange Act by the National Association of Securities Dealers,
Inc. Relating to the Acquisition of an ECN by The Nasdaq Stock
Market, Inc.) and 52902 (December 7, 2005), 70 FR 73810 (December
13, 2005) (SR-NASD-2005-128) (Order Approving a Proposed Rule Change
To Establish Rules Governing the Operation of the INET System).
    \6\ See Securities Exchange Act Release Nos. 61682 (March 10,
2010), 75 FR 12592 (March 16, 2010) (SR-NASDAQ-2010-030); 61460
(February 1, 2010, 75 FR 6077 (February 5, 2010) (SR-NASDAQ-2010-
018); 60570 (August 26, 2009), 74 FR 45504 (September 2, 2009) (SR-
NASDAQ-2009-079); 60039 (June 3, 2009), 74 FR 27365 (June 9, 2009)
(SR-NASDAQ-2009-050); 59875 (May 6, 2009), 74 FR 22794 (May 14,
2009) (SR-NASDAQ-2009-043); 59807 (April 21, 2009), 74 FR 19251
(April 28, 2009) (SR-NASDAQ-2009-036); 59153 (December 23, 2008), 73
FR 80485 (December 31, 2008) (SR-NASDAQ-2008-098); 58752 (October 8,
2008), 73 FR 61181 (October 15, 2008) (SR-NASDAQ-2008-079); 58135
(July 10, 2008), 73 FR 40898 (July 16, 2008) (SR-NASDAQ-2008-061);
58069 (June 30, 2008), 73 FR 39360 (July 9, 2008) (SR-NASDAQ-2008-
054); 56708 (October 26, 2007), 72 FR 61925 (November 1, 2007) (SR-
NASDAQ-2007-078); 56867 (November 29, 2007), 72 FR 69263 (December
7, 2007) (SR-NASDAQ-2007-065); 55335 (February 23, 2007), 72 FR 9369
(March 1, 2007) (SR-NASDAQ-2007-005); 54613 (October 17, 2006), 71
FR 62325 (October 24, 2006) (SR-NASDAQ 2006-043); 54271 (August 3,
2006), 71 FR 45876 (August 10, 2006) (SR-NASDAQ-2006-027); and 54155
(July 14, 2006), 71 FR 41291 (July 20, 2006) (SR-NASDAQ-2006-001).
    \7\ Because only NASDAQ members may enter orders into NASDAQ, it
also follows that routing by NES is available only to NASDAQ
members.
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    The Commission has approved NES's affiliation with PHLX subject to
the conditions that: (1) NES remains a facility of NASDAQ; (2) use of
NES's routing function by NASDAQ members continues to be optional; (3)
NES does not provide routing of orders to PHLX or any trading
facilities thereof, unless such orders first attempt to access any
liquidity on the NASDAQ book; and (4) for purposes of Commission Rule
17d-1, the designated examining authority of NES is a self-regulatory
organization unaffiliated with NASDAQ.\8\
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    \8\ See Securities Exchange Act Release No. 58179 (July 17,
2008), 73 FR 42874 (July 23, 2008) (SR-Phlx-2008-31).
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    NASDAQ is proposing that, upon the resumption of cash equity
trading by PHLX, NES, in its operation as a facility of NASDAQ, be
permitted to route all orders, including Directed Orders, to PSX
without checking the NASDAQ book prior to routing. Directed Orders are
orders that route directly to other exchanges on an immediate-or-cancel
basis without first checking the NASDAQ book for liquidity.\9\ In order
to modify the conditions regarding the operation of NES and allow NES
to route Directed Orders to PSX, NASDAQ is proposing to modify the
restriction in Rule 4751(f)(9) that prohibits the routing of Directed
Orders to a facility of an exchange that is an affiliate of NASDAQ.
Under the proposed rule change, inbound routing of Directed Orders to
the NASDAQ OMX PSX facility of PHLX would be permitted.
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    \9\ Rules 4751 and 4755 provide for routing of ``directed
orders'' to automated market centers other than NASDAQ on an
``immediate-or-cancel'' basis. Such directed orders may be
designated as intermarket sweep orders (``ISOs''), which may be
executed by the receiving venue based on the representation of the
market participant that it has routed to all superior protected
quotations, or not so designated, in which case the orders will
execute only if their execution would not result in a trade-through.
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    The Commission has previously noted concerns about potential
informational advantages and conflicts of interest between an
exchange's self-regulatory obligations and its commercial interest when
the exchange is affiliated with one of its members.\10\ In order to
address the concerns identified by the Commission regarding the
potential for informational advantages favoring NES vis-[agrave]-vis
other non-affiliated members of BX, NASDAQ previously adopted Rule
4758(b)(8) to provide that NES shall establish and maintain procedures
and internal controls reasonably designed to adequately restrict the
flow of confidential and proprietary information between NASDAQ and its
facilities (including NES) and any other entity (including PHLX).\11\
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    \10\ See, e.g., Securities Exchange Act Release Nos. 59153
(December 23, 2008), 73 FR 80485 (December 31, 2008) (SR-NASDAQ-
2008-098) (``BX Order''); 58681 (September 29, 2008), 73 FR 58285
(October 6, 2008) (SR-NYSEArca-2008-90) (``NYSE Arca Order''); 58680
(September 29, 2008), 73 FR 58283 (October 6, 2008) (SR-NYSE-2008-
76) (``NYSE Order''); 58673 (September 29, 2008), 73 FR 57707
(October 3, 2008) (SR-Amex-2008-62) (``NYSE Alternext US Order'').
    \11\ BX Order, supra n. 10.
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    In connection with the proposed launch of PSX, PHLX has proposed a
new rule and made certain undertakings intended to manage the flow of
confidential and proprietary information between NES and PHLX and to
minimize potential conflicts of interest.\12\ PHLX's proposed Rule
985(c)(2) will provide:
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    \12\ PSX Proposal, supra n. 3.

    The NASDAQ OMX Group, Inc., which owns Nasdaq Execution
Services, LLC and the Exchange, shall establish and maintain
procedures and internal controls reasonably designed to ensure that
Nasdaq Execution Services, LLC does not develop or implement changes
to its system on the basis of non-public information regarding
planned changes to the Exchange's systems, obtained as a result of
its affiliation with the Exchange, until such information is
available generally to similarly situated exchange members in
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connection with the provision of inbound routing to the Exchange.

    Pursuant to the new rule, PHLX has proposed to allow PSX to receive
inbound routed orders for a twelve-month pilot period.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\13\ in general, and with
Section 6(b)(5) of the Act,\14\ in particular, in that the proposal 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 regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The proposed
rule change would permit inbound routing of Directed Orders and other
orders to PHLX from its affiliate NES while minimizing the potential
for conflicts of interest and informational advantages involved where a
member firm is affiliated with an exchange to which it is routing
orders.
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    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NASDAQ 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

    Written comments were neither solicited nor received.

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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \15\ and Rule 19b-
4(f)(6) thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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.
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    At any time within the 60-day period beginning on the date of the
filing of the 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2010-100 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-NASDAQ-2010-100. This
file number should be included on the subject line if e-mail 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, on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of the 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-NASDAQ-2010-100 and should be submitted on or before
September 13, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-20820 Filed 8-20-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4896-4899]
[FR Doc No: 2017-00821]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-4662]

Public Hearing: Strategic Partnerships To Enhance the Safety of
Imported Foods: Capacity Building, Risk-Based Decisionmaking,
Recognition of Commodity Food Control Programs, and Systems
Recognition; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public hearing; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing a
public hearing regarding FDA initiatives for enhancing the safety of
foods (for humans and animals) imported into the United States. The
hearing will focus on partnerships to improve safety capabilities
through capacity building; partnerships that incorporate information
from private entities and foreign competent authorities to inform risk-
based decisionmaking; partnerships that recognize commodity-specific
export programs; and partnerships that recognize the robustness of a
nation's entire food safety system. In addition, we are seeking
information from a variety of viewpoints, including from competent
authorities in other countries and from private entities, to help
inform FDA regarding risk-based decisionmaking, commodity-specific
export control programs in other countries, and systems recognition.

DATES: See ``How to Participate in the Hearing'' in the SUPPLEMENTARY
INFORMATION section of this document for dates and times of the public
meetings, closing dates for advance registration, requesting special
accommodations due to disability, closing date to submit comments to
the docket, and other information regarding meeting participation.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-N-4662 for ``Public Hearing: Strategic Partnerships to Enhance
the Safety of Imported Foods: Capacity Building, Risk-Based
Decisionmaking, Recognition of Commodity Food Control Programs, and
Systems Recognition.'' Received comments will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' We will review
this copy, including the claimed confidential information, in our
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Division of Dockets Management. If you do not wish your
name and contact information to be made publicly available, you can
provide this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Wade Woolfolk, Food and Drug
Administration, Center for Food Safety and Applied Nutrition (HFS-550),
5001

Campus Dr., College Park, MD 20740,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On March 30-31, 2011, we held a public hearing to discuss our use
of international comparability assessments as a mechanism to help
enhance the safety of imported foods (see ``Ensuring the Safety of
Imported Foods and Animal Feed: Comparability of Food Safety Systems
and Import Practices of Foreign Countries; Public Hearing; Request for
Comments'' (76 FR 13638, March 14, 2011; available at https://www.regulations.gov, in docket FDA-2011-N-0135)). At the public hearing
we presented information on our food safety capacity building efforts
related to the FDA Food Safety Modernization Act (FSMA) (Pub. L. 111-
353). We also held a public meeting on June 19, 2012, to discuss our
comprehensive plan to expand the technical, scientific, and regulatory
capacity of foreign governments and their respective food industries in
countries that export foods to the United States (see ``International
Capacity Building with Respect to Food Safety Public Meeting'' (77 FR
30017, May 21, 2012; available at https://www.regulations.gov, in
docket FDA-2011-N-0135)). This meeting invited discussion on the
International Capacity Building plan development under FSMA. Following
these discussions we issued the final International Capacity Building
Plan in February 2013. See http://www.fda.gov/food/guidanceregulation/fsma/ucm301708.htm.
    FSMA has enabled us to better protect public health through new
authorities to help ensure that imported foods meet the same safety
standards as foods produced in the United States.
    In implementing FSMA, we recognize the importance of strengthening
the existing collaborations among food safety regulators (U.S. Federal,
State, local, territorial, tribal, and foreign) to achieve our public
health goals. We continue to engage in a variety of partnerships that,
collectively, are intended to enhance the safety of foods imported into
the United States.
    At the public hearing that is the subject of this notice, we will
provide an update on our food safety capacity building efforts, as well
as additional updates and information on the approach we will use to
help ensure the safety of imported foods. In addition, the public
hearing will provide an opportunity for FDA to obtain testimony from
diverse stakeholder groups as we seek to develop, expand, or refine key
partnership activities.
    We seek input from a variety of perspectives on the following
topics:
     How to expand performance measurement for FDA's capacity
building activities to ensure that we collaborate effectively with
other nations, multilateral organizations, donor organizations, and
industry.
     How to operationalize the concept of ``same level of
public health protection'' that is part of the rule on Foreign Supplier
Verification Programs (FSVP) (80 FR 74226, November 27, 2015) and what
types of partnerships facilitate application of this concept. (The FSVP
regulation requires importers to implement FSVPs to provide adequate
assurances that the importer's foreign suppliers produce food in
compliance with processes and procedures, including risk-based
preventive controls, that provide the same level of public health
protection as those required under section 418 (concerning hazard
analysis and preventive controls) or 419 (concerning produce safety) of
the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as
appropriate, and in compliance with sections 402 (concerning
adulteration) and 403(w) (concerning misbranding regarding allergen
labeling) of the FD&C Act.)
     Whether and how we should consider private standards in
risk-based decisionmaking, including how other competent authorities
use information, such as third-party certifications or other
assurances, from private entities.
     Whether and how we should expand our systems recognition
framework to include consideration of the recognition of commodity-
specific export control programs.
    The initiatives that will be discussed at the public hearing align
with and support FSMA implementation. Day one of the hearing will seek
input on partnerships to improve food safety capabilities in other
countries, tools to inform FDA's risk based decisionmaking, and methods
to assess the effectiveness of our capacity building efforts. We also
seek input on whether and how best to incorporate input from private
entities and other competent authorities into our risk-based
decisionmaking framework. Day two will seek input on partnerships that
recognize the robustness of commodity-specific export programs
including export certification programs and whether and how we should
consider such programs. In addition, we seek input on the
implementation of the systems recognition program. Interested parties
may submit comments, data, and supporting information on the issues
described in part II of this document.

II. Purpose and Format of the Public Hearing

A. Day One of Hearing

1. Partnerships To Improve Food Safety Capabilities: International
Capacity Building
    Section 305 of FSMA requires the Secretary of Health and Human
Services to develop a comprehensive plan to expand the technical,
scientific, and regulatory food safety capacity of foreign governments,
and their respective food industries, from which foods are exported to
the United States. This authority was delegated to FDA, and we
developed an International Food Safety Capacity Building Plan (the
Plan). The Plan gives us a strategic framework to expand the technical,
scientific, and regulatory capacity of foreign governments and their
food industries. We developed the Plan in consultation with many
partners, such as officials from other parts of the U.S. government;
foreign government officials; non-governmental organizations (NGOs)
that represent consumer interests; food industry representatives; and
others. We seek input on successful models for continuing capacity
building to further implement the plan. At this hearing, we will seek
comment on food safety capacity building and development and invite
comment, particularly publications and data, on food safety performance
monitoring regimes; how donor organizations minimize duplication and
support leveraged partnerships; how providers of training programs
assure affordable, accessible, and culturally specific information is
available to various regions of the world; how development agencies
interface with food industry supply chain management programs; and
whether we and industry can leverage each other's efforts.
2. Partnerships To Incorporate Information From Competent Authorities
and Private Entities To Inform Risk-Based Decisionmaking
    In the Federal Register of November 27, 2015 (80 FR 74570), we
published a final rule entitled, ``Accreditation of Third-Party
Certification Bodies To Conduct Food Safety Audits and To Issue
Certifications.'' The final rule established a voluntary program for
the accreditation of third-party certification bodies to conduct food
safety audits of foreign food facilities and to issue food and facility
certifications. The requirements in the final rule will help

ensure the competence and independence of the accreditation bodies and
third-party certification bodies participating in the program. We are
aware that other countries incorporate information from private
entities into their regulatory decisionmaking. We are interested in
learning more about the policies, practices, and programs used by
foreign regulators to ensure the safety of food imported into their
countries. We seek comment and examples on how other countries use
information from private entities; how other countries ensure parity in
audit, inspectional, verification, and overall oversight between
domestic and import activities; and how transparency can be best
achieved.

B. Day Two of Hearing

1. Partnerships That Recognize Commodity-Specific Exports and Programs
    We are interested in identifying successful models that recognize
commodity specific food safety control systems (including export
certification programs), how they are established, and how they
operate.
    We seek comment and views on the best practices, strengths and
weaknesses of commodity export programs or export certification
systems; how commodity recognition programs factor into risk-based
inspectional systems; and once adopted, how the programs are monitored
over time.
2. Partnerships That Recognize the Robustness of the Entire Food Safety
System: Systems Recognition
    FDA's systems recognition assessment process established in 2011
has progressed from a pilot to a robust program that has resulted in
signed arrangements with New Zealand's Ministry for Primary Industries
(2012) and Canada's Canadian Food Inspection Agency (CFIA) and the
Department of Health Canada (Health Canada) (2016). We seek comment on
what indicators we should consider to determine whether the program
meets expected outcomes and best practices on how to identify robust
food safety systems.

III. Notice of Hearing Under Part 15

    The Commissioner of Food and Drugs (the Commissioner) is announcing
that the public hearing will be held in accordance with part 15 (21 CFR
part 15). The hearing will be conducted by a presiding officer(s),
accompanied by FDA senior management and staff from the relevant
centers/offices (FDA panelists/experts).
    Under Sec.  15.30(f), the hearing is informal, and the rules of
evidence do not apply. We encourage interested parties to submit
comments to the docket. We also have invited certain members of the
public to participate as guest presenters. Only the presiding
officer(s) and FDA panelists/experts may question any person during or
at the conclusion of each presentation by the FDA and guest presenters
(Sec.  15.30(e)). At their discretion, the presiding officer(s) may
permit questions to be submitted from the audience for response by FDA
or other persons attending the hearing (Sec.  15.30(e)). Finally, time
permitting, stakeholders may be allowed to provide testimony at the
hearing. Time will be limited to 2 minutes and requests to make an oral
presentation must be written and received by February 8, 2017. Please
include the details of your presentation when making your request. All
testimony will be entered into the docket. Public hearings under part
15 are subject to FDA's policy and procedures for electronic media
coverage of FDA's public administrative proceedings (21 CFR part 10,
subpart C) (Sec.  10.203(a)). Under Sec.  10.205, representatives of
the electronic media may be permitted, subject to certain limitations,
to videotape, film, or otherwise record FDA's public administrative
proceedings, including presentations by participants. The hearing will
be transcribed as stipulated in Sec.  15.30(b) (see part IV of this
document). To the extent that the conditions for the hearing as
described in this document conflict with any provisions set out in part
15, this notice acts as a waiver of those provisions as specified in
Sec.  15.30(h).
    Comments may also be submitted after the hearing. The docket will
remain open for such comments until May 16, 2017.

IV. How To Participate in the Public Hearing

    Advance registration by submission of a notice of participation is
necessary to ensure participation and will be accepted on a first-come,
first-served basis.
    Notices of participation may be submitted electronically (see table
1 of this document); FDA encourages the use of electronic means of
advance registration. Notices of participation may also be submitted
orally or by mail, fax, or email (see FOR FURTHER INFORMATION CONTACT).
See table 1 of this document for the dates by which notices of
participation must be submitted. A single copy of any notice of
participation is sufficient.
    Table 1 of this document provides information on participation in
the public meetings.

                                                  Table 1--Information on Participation in the Meeting
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Activity                          Date                       Electronic address                     Address            Other information
--------------------------------------------------------------------------------------------------------------------------------------------------------
Attend Public Hearing...............  February 14-15, 2017,    Please preregister at www.fda.gov/Food/    FDA Center for Food     Registration check-in
                                       from 9 a.m. to 5:00      NewsEvents/Workshops/Meetings/             Safety and Applied      begins at 8 a.m.
                                       p.m.                     Conferences/default.htm.                   Nutrition, Wiley
                                                                                Auditorium, 5001
                                                                                Campus Dr., College
                                                                                Park, MD 20740.
View Webcast........................  February 14-15, 2017,    Individuals who wish to participate by     We encourage you to     The Webcast will have
                                       from 9 a.m. to 5:00      Webcast are asked to preregister at        use electronic          closed captioning.
                                       p.m.                     www.fda.gov/Food/NewsEvents/               registration if
                                                                WorkshopsMeetings/Conferences/             possible.
                                                                default.htm.
Advance registration................  Register by February 8,  www.fda.gov/Food/NewsEvents/Workshops/     We encourage you to     There is no
                                       2017.                    Meetings Conferences/default.htm.          use electronic          registration fee for
                                                                                registration if         the public hearing.
                                                                                possible \1\.           Early registration is
                                                                                recommended because
                                                                                seating is
                                                                                limited.\1\

Request to make an oral presentation  Request by February 8,   Individuals who wish to make a public      See FOR FURTHER
                                       2017.                    comment during the designated times in     INFORMATION CONTACT.
                                                                the hearing are asked to submit request
                                                                and presentation at
<EMAIL_ADDRESS>Submitting either electronic or       Submit all other         https://www.regulations.gov..............  Division of Dockets     See ADDRESSES for
 written comments.                     comments by May 16,                                                 Management (HFA-305),   information on
                                       2017.                                                               Food and Drug           submitting comments.
                                                                                Administration, 5630
                                                                                Fishers Lane, Rm.
                                                                                1061, Rockville, MD
                                                                                20852.
Request special accommodations due    Request by February 8,   Wade Woolfolk, email:                      See FOR FURTHER
 to a disability.                      2017<EMAIL_ADDRESS>                INFORMATION CONTACT.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Onsite registration will not be available at the meeting site.

V. Transcripts

    Please be advised that as soon as a transcript is available, it
will be accessible at https://www.regulations.gov. It may be viewed at
the Division of Dockets Management (see ADDRESSES). A transcript will
also be available in either hardcopy or on CD-ROM, after submission of
a Freedom of Information request. The Freedom of Information office
address is available on FDA's Web site at http://www.fda.gov.

    Dated: January 11, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-00821 Filed 1-13-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: May 24, 2010 (Volume 75, Number 99)]
[Notices]
[Page 28850-28851]
[DOCID:fr24my10-108]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Application for
Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel,

4--Cargo aircraft only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before June 23, 2010.
    Address Comments To: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue, SE., Washington DC or at http://
regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on May 17, 2010.
Delmer F. Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.

                                               New Special Permits
----------------------------------------------------------------------------------------------------------------
                                                                         Regulation(s)       Nature of special
    Application No.             Docket No.             Applicant           affected           permits thereof
----------------------------------------------------------------------------------------------------------------
14995-N................  .......................  Grasshopper         49 CFR 172.101      To authorize the
                                                   Aviation, LLC,      Column (9B).        transportation in
                                                   Wasilla, AK.                            commerce of certain
                                                                                Class I explosive
                                                                                materials which are
                                                                                forbidden for
                                                                                transportation by
                                                                                air, to be
                                                                                transported by cargo
                                                                                aircraft within the
                                                                                State of Alaska when
                                                                                other means of
                                                                                transportation are
                                                                                impracticable or not
                                                                                available (mode 4).
14999-N................  .......................  Classic             49 CFR 172.101      To authorize the
                                                   Helicopters         Column (9B),        transportation in
                                                   Limited, L.C.,      172.204(c)(3),      commerce of certain
                                                   Woods Cross, UT.    173.27(b)(2),       hazardous materials
                                                                       175.30(a)(1),       by Part 133
                                                                       172.200, 172.300,   Rotorcraft External
                                                                       172.400 and         Load Operations,
                                                                       175.75.             attached to or
                                                                                suspended from an
                                                                                aircraft, in remote
                                                                                areas of the U.S.
                                                                                without meeting
                                                                                certain hazard
                                                                                communication and
                                                                                stowage requirements
                                                                                (mode 4).
15000-N................  .......................  FIBA Technologies,  49 CFR 180.205(f)   To authorize the
                                                   Inc., Millbury,     and (g)             transportation in
                                                   MA.                 180.209(a).         commerce of certain
                                                                                hazardous materials
                                                                                in DOT Specification
                                                                                3AL cylinders
                                                                                manufactured from
                                                                                aluminum alloy 6061-
                                                                                T6 that are
                                                                                requalified every ten
                                                                                years rather than
                                                                                every five years
                                                                                using 100% ultrasonic
                                                                                examination (modes 1,
                                                                                2, 3,4, 5).
15001-N................  .......................  Worthington         49 CFR 178.65(i)    To authorize the
                                                   Cylinder            and 172.202(a)(1)   transportation in
                                                   Corporation,        and (a)(2).         commerce of DOT
                                                   Columbus, OH.                           Specification 39
                                                                                cylinders without
                                                                                meeting certain
                                                                                marking requirements
                                                                                by private or
                                                                                contract motor
                                                                                carrier (mode 1).
15002-N................  .......................  StarLite Propane    49 CFR 172.400 and  To authorize the
                                                   Gas Corporation,    173.29.             transportation in
                                                   Bay Shore, NY.                          commerce of DOT-
                                                                                specification
                                                                                cylinders containing
                                                                                propane without the
                                                                                required labels
                                                                                provided each
                                                                                transport vehicle is
                                                                                marked and placarded
                                                                                (mode 1).
15003-N................  .......................  Gebauer Company,    49 CFR              To authorize the
                                                   Cleveland, OH.      173.306(a)(1).      manufacture, marking,
                                                                                sale and use of a DOT
                                                                                2P inner metal
                                                                                receptacle with a 4.7-
                                                                                ounce capacity for
                                                                                the transportation in
                                                                                commerce of ethyl
                                                                                chloride as a
                                                                                consumer commodity
                                                                                (modes 1, 2, 3).
15004-N................  .......................  Zotos               49 CFR              To authorize the
                                                   International,      173.306(a)(3)(v).   transportation in
                                                   Inc., Geneva, NY.                       commerce of DOT
                                                                                Specification 2P non-
                                                                                refillable aluminum
                                                                                inside containers
                                                                                which have been
                                                                                subject to an
                                                                                automated pressure
                                                                                test on the line in
                                                                                lieu of the hot water
                                                                                bath test (mode 1).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2010-12346 Filed 5-21-10; 8:45 am]
BILLING CODE 4909-60-M


[Federal Register Volume 79, Number 209 (Wednesday, October 29, 2014)]
[Notices]
[Pages 64375-64376]
[FR Doc No: 2014-25709]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP15-58-000.
    Applicants: Natural Gas Pipeline Company of America.

    Description: Sec.  4(d) rate filing per 154.204: EOG Resources
Negotiated Rate to be effective 11/1/2014.
    Filed Date: 10/22/14.
    Accession Number: 20141022-5081.
    Comments Due: 5 p.m. ET 11/3/14.

    Docket Numbers: RP15-59-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) rate filing per 154.204: Negotiated Service
Agmt--WestSide--Statoil Errrata to be effective 11/1/2014.
    Filed Date: 10/22/14.
    Accession Number: 20141022-5091.
    Comments Due: 5 p.m. ET 11/3/14.

    Docket Numbers: RP15-60-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Compliance filing per 154.203: 2014 Penalty Sharing
Report.
    Filed Date: 10/22/14.
    Accession Number: 20141022-5095.
    Comments Due: 5 p.m. ET 11/3/14.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP15-47-001.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Tariff Amendment per 154.205(b): Negotiated Service
Agmt--West Side--Statoil Errata to be effective 11/1/2014.
    Filed Date: 10/22/14.
    Accession Number: 20141022-5157.
    Comments Due: 5 p.m. ET 11/3/14.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 23, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-25709 Filed 10-28-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44267-44268]
[FR Doc No: 2018-18857]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2004-0093; FRL-9982-94-OAR]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Clean Air Act Tribal Authority (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), ``Clean Air Act Tribal Authority
(Renewal)'' (EPA ICR No. 1676.07, OMB Control No. 2060-0306) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through December 31,
2018. Public comments were previously requested via the Federal
Register on May 15, 2018, during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An 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.

DATES: Additional comments may be submitted on or before October 1,
2018.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
2004-0093, to (1) EPA online using www.regulations.gov (our preferred
method), by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to
[email protected]. Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Pat Childers, Office of Air and
Radiation, Immediate Office, (6101A), Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-
564-1082; fax number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit https://www.epa.gov/dockets.
    Abstract: This Information Collection Request (ICR) seeks
authorization for tribes to demonstrate their eligibility to be treated
in the same manner as states under the Clean Air Act (CAA) and to
submit applications to implement a CAA program. This ICR extends the
collection period of information for determining eligibility, which
expires December 31, 2018. The ICR maintains the estimates of burden
costs for tribes in completing a CAA application.
    The program regulation provides for Indian tribes, if they choose,
to assume responsibility for the development and implementation of CAA
programs. The regulation, Indian Tribes: Air Quality Planning and
Management (Tribal Authority Rule [TAR] 40 CFR parts 9, 35, 49, 50, and
81) sets forth how tribes may seek authority to implement their own air
quality planning and management programs. This rule establishes: (1)
Which CAA provisions Indian tribes may seek authority to implement; (2)
What requirements the tribes must meet when seeking such authorization;
and (3) What federal financial assistance may be available to help
tribes establish and manage their air quality programs. The TAR
provides tribes the authority to administer air quality programs over
all air resources, including non-Indian owned fee lands, whining the
exterior boundaries of a reservation and other areas over which the
tribe can demonstrate jurisdiction. An Indian tribe that takes
responsibility for a CAA program would essentially be treated in the
same way as a state would be treated for that program.
    Form Numbers: None.
    Respondents/Affected Entities: States, locals, Indian tribes.
    Respondent's Obligation to Respond: Voluntary, required to obtain
or retain a benefit Tribal Authority Rule [TAR] 40 CFR parts 9, 35, 49,
50 and 81).
    Estimated Number of Respondents: 8 (total).
    Frequency of Response: One-time applications.
    Total Estimated Burden: 320 hours (per year). Burden is defined at
5 CFR 1320.03(b).
    Total Estimated Cost: $18,896.00 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in the Estimates: There is no change of hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB.

    Dated: August 15, 2018.
Pat Childers,
OAR Tribal Program Coordinator.
[FR Doc. 2018-18857 Filed 8-29-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Proposed Rules]
[Pages 16821-16823]
[FR Doc No: 2013-06305]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0852; Airspace Docket No. 12-AWP-5]

Proposed Amendment of Class E Airspace; Eureka, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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

SUMMARY: This SNPRM would further modify Class E airspace at Eureka
Airport, Eureka, NV. In a NPRM published in the Federal Register on
December 21, 2012, the FAA proposed to create additional airspace at
Eureka Airport to accommodate aircraft using Area Navigation (RNAV)
Global Positioning System (GPS) standard instrument approach
procedures. The FAA has found that further enlargement

of Class E airspace 1,200 feet above the surface is necessary to
enhance safety in the Eureka, NV area.

DATES: Comments must be received on or before May 3, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2012-
0852; Airspace Docket No. 12-AWP-5, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On December 21, 2012, the FAA published a NPRM to modify Class E
airspace, extending upward from 700 feet or more above the surface, at
Eureka Airport, Eureka, NV (77 FR 75594). The comment period closed
February 4, 2013. No comments were received. Subsequent to publication,
the FAA's Terminal Products Group found that the airspace 1,200 feet
above the surface needed to be enlarged southeast of the Eureka
Airport. The FAA seeks comments on this SNPRM.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2012-0852 and Airspace Docket No. 12-AWP-5) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2012-0852 and Airspace Docket No. 12-AWP-5''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ``ADDRESSES'' section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Supplemental Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by further increasing the Class E airspace
extending upward from 1,200 feet above the surface southeast of Eureka
Airport, Eureka, NV, to accommodate aircraft using the RNAV (GPS)
standard instrument approach procedures at Eureka Airport. This action
would enhance the safety and management of IFR operations at the
airport.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9W, dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed 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 proposed rule, when
promulgated, would 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 for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would further amend controlled airspace at Eureka Airport,
Eureka, NV.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 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 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AWP NV E5 Eureka, NV [Modified]

Eureka Airport, NV
    (Lat. 39[deg]36'14'' N., long. 116[deg]00'13'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the Eureka Airport; and within 1.5 miles
either side of the 011[deg] bearing of the airport extending from
the 6.6-mile radius to 10 miles north of Eureka airport; that
airspace extending upward from 1,200 feet above the surface within
an area bounded by lat. 40[deg]35'00'' N., long. 115[deg]57'00'' W.;
to lat. 40[deg]32'00'' N., long. 115[deg]32'00'' W.; to lat.
40[deg]11'24'' N., long. 115[deg]19'00'' W.; to lat. 40[deg]00'00''
N., long. 115[deg]48'00'' W.; to lat. 39[deg]31'00'' N., long.
115[deg]49'00'' W.; to lat. 39[deg]37'00'' N., long. 115[deg]32'00''
W.; to lat. 40[deg]01'00'' N., long. 115[deg]15'00'' W.; to lat.
39[deg]58'00'' N., long. 115[deg]04'00'' W.; to lat. 39[deg]37'00''
N., long. 114[deg]53'00'' W.; to lat. 39[deg]08'00'' N., long.
115[deg]10'00'' W.; to lat. 39[deg]06'00'' N., long. 115[deg]57'00''
W.; to lat. 39[deg]22'00'' N., long. 116[deg]14'00'' W.; to lat.
39[deg]43'00'' N., long. 116[deg]08'00'' W.; to lat. 40[deg]08'00''
N., long. 116[deg]02'00'' W., thence to the point of beginning.

    Issued in Seattle, Washington, on March 7, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-06305 Filed 3-18-13; 8:45 am]
BILLING CODE 4910-13-P