[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Notices]
[Pages 63689-63691]
[FR Doc No: 2011-26439]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65502; File No. SR-ISE-2011-63]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Retire a Pilot Program and To Harmonize ISE's Rules Regarding
Listing Expirations With the Existing Rules of Other Exchanges

October 6, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on September 26, 2011, the International Securities Exchange, LLC
(``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``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

    The Exchange proposes to amend its rules to retire a pilot program
and to harmonize ISE's rules regarding listing expirations with the
existing rules of other exchanges. The text of the proposed rule change
is available on the Exchange's Web site http://www.ise.com, at the
principal office of the Exchange, 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, the Exchange 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 these statements may be examined at the places specified in
Item IV below. The self-regulatory organization has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to retire the Additional
Expiration Months Pilot Program (``Pilot Program'') and to amend ISE's
rules regarding listing expirations. This filing is based on the
existing rules of other options exchanges.\3\
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    \3\ See NASDAQ Options Market (``NOM'') Chapter IV, Section 6
(Series of Options Contracts Option for Trading), NASDAQ OMX PHLX,
LLC (``PHLX'') Rule 1012 (Series of Options Listed for Trading) and
Chicago Board Options Exchange (``CBOE'') Rule 5.5 (Series of Option
Contracts Open for Trading). See also Securities Exchange Act
Release Nos. 57478 (March 12, 2008), 73 FR 14521 (March 18, 2008)
(SR-NASDAQ-2007-004 and NASDAQ-2007-080) and 63700 (January 11,
2011) 76 FR 2931 (January 18, 2011) (SR-PHLX-2011-04). The PHLX
filing was based on NOM's existing rules.
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ISE Rules Governing Listing of Expirations
    Pursuant to ISE Rule 504(e), ISE typically opens four expiration
months for each class of options open for trading on the Exchange: the
first two being the two nearest months, regardless of the quarterly
cycle on which that class trades; the third and fourth being the next
two months of the quarterly cycle previously designated by the Exchange
for that specific class. Notwithstanding Rules 504(a) and 504(c), which
presumably provide ISE with the flexibility to add additional
expiration months, ISE has historically interpreted Rule 504(e)
conservatively and viewed it to allow a maximum number of expirations
that may be listed.
    In 2010, the Exchange established the Pilot Program pursuant to
which ISE could list up to an additional two expiration months, for a
total of six expiration months for each class of option open for
trading on the Exchange.\4\ CBOE subsequently established a similar
pilot program.\5\
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    \4\ See Securities Exchange Act Release No. 63104 (October 14,
2010), 75 FR 64773 (October 20, 2010) (SR-ISE-2010-91).
    \5\ See Securities Exchange Act Release No. 63185 (October 27,
2010), 75 FR 67419 (November 2, 2010) (SR-ISE-CBOE-2010-97).
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    After ISE and CBOE established their respective pilot programs, ISE
submitted a filing in response to a PHLX filing regarding the listing
of expirations.\6\ In the PHLX filing, PHLX amended its rules so that
it could open ``at least one expiration month'' for each class of
standard options open for trading on PHLX.\7\ PHLX stated in its filing
that this amendment was ``based directly on the recently approved rules
of another options exchange, namely Chapter IV, Sections 6 and 8'' of
NOM. Since PHLX's rules did not hard code an upper limit on the maximum
number of expirations that may be listed per class, ISE believed that
PHLX (and NOM) had the ability of list expirations that ISE would not
be able to list under its rules. As a result, ISE amended its rules by
adding Supplementary Material .10 to Rule 504 and Supplementary
Material .04 to Rule 2009 to permit ISE to list additional expiration
months on options classes opened for trading on ISE if such expiration
months are opened for trading on at least one other national securities
exchange.\8\
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    \6\ See Securities Exchange Act Release No. 64343 (April 26,
2011), 76 FR 24546 (May 2, 2011) (SR-ISE-2011-26).
    \7\ See id. at 24546-24547.
    \8\ See id. at 24547.
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Retire Additional Expiration Months Pilot and Adopt Amended Rules
    ISE initially established the Pilot Program because it did not
believe it had the ability to list more than four expirations per class
when an options class is opened for trading on the Exchange. Now that
ISE has the ability to match the expiration listings of other exchanges
\9\ (that may exceed six expirations and may occur on a regular basis)
the Exchange believes that the Pilot Program is no longer necessary and
is proposing to retire it. To affect this change, the Exchange is
proposing to delete Supplementary Material .08 to Rule 504, which sets
forth the terms of the Pilot Program, and which is currently scheduled
to expire on October 31, 2011.
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    \9\ See Supplementary Material .10 to ISE Rule 504.
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    In addition, ISE's ability to match the expirations listed by other
exchanges is set forth in Supplementary Material .10 to Rule 504. This
provision, however, only provides ISE with the ability the match
expirations initiated by other options exchanges. To encourage
competition and to place ISE on a level playing field, the Exchange
should have the same ability as PHLX, NOM and CBOE to initiate
expirations. Therefore, ISE is proposing to harmonize its rules with
the rules of PHLX, NOM and CBOE by clarifying that ISE will open at
least one expiration month and one series for each class opened for
trading on the Exchange. To affect this change, the Exchange is
proposing to amend the text of Rule 504(b) to track the rule text of
NOM Chapter IV, Section 6, PHLX Rule 1012 and CBOE Rule 5.5 and to
delete Rule 504(e).
    Finally, the Exchange is proposing to slightly modify Rule 504
regarding the opening of additional series. Specifically, the Exchange
proposes to amend Rule 504(c) to permit the listing of additional
series when (among other reasons) the market price of the underlying
stock moves more than five strike prices from the initial exercise
price or prices.\10\ Currently, Rule 504(c) permits the listing of
additional series when the market price of the underlying stock moves
substantially from the initial exercise price or prices. This proposed
rule change again tracks PHLX, NOM and CBOE's existing rule text.
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    \10\ Rule 504(c) also permits ISE to add additional series of
options of the same class when the Exchange deems it necessary to
maintain an orderly market and to meet customer demand. These
``additional series'' provisions are similar to existing provisions
in NOM Chapter IV, Section 6, PHLX Rule 1012 and CBOE Rule 5.5.
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    The Exchange believes the proposed rule change is proper, and
indeed necessary, in light of the need to have rules that do not put
the Exchange at a competitive disadvantage. ISE's proposal puts the
Exchange in the same position as PHLX, NOM and CBOE and provides the
Exchange with the same ability to initiate and match identical
expirations across exchanges for products that are multiply-listed and
fungible with one another. The Exchange believes that the proposed rule
change should encourage competition and be beneficial to traders and
market participants by providing them with a means to trade on the
Exchange securities that are initiated by the Exchange and listed and
traded on other exchanges.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') \11\ and the rules
and regulations thereunder and, in particular, the requirements of
Section 6(b) of the Act.\12\ Specifically, the Exchange believes the
proposed rule change is consistent with the Section 6(b)(5) \13\
requirements that the rules of an exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts, to remove impediments to and to perfect the
mechanism for a free and open market and a national market system, and,
in general, to protect investors and the public interest. In
particular, the proposed rule change will permit the Exchange to
accommodate requests made by its Members and other market participants

to list additional expiration months and thus encourages competition
without harming investors or the public interest.
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    \11\ 15 U.S.C. 78s(b)(1).
    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not 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 \14\ and Rule 19b-
4(f)(6) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). 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.
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    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because the proposal should promote competition by allowing
the Exchange, without undue delay, to incorporate rules that previously
have been adopted by other exchanges and thereby to list and trade
option series that are trading on those other options exchanges.
Therefore, the Commission designates the proposal operative upon
filing.\16\
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    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days 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-ISE-2011-63 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-ISE-2011-63. 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 website 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 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-ISE-2011-63 and should be
submitted on or before November 3, 2011.

    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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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-26439 Filed 10-12-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Notices]
[Pages 32642-32644]
[FR Doc No: 2012-13225]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-P-0804]

Medical Devices; Exemption From Premarket Notification: Powered
Patient Transport

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that it
has received a petition requesting exemption from the premarket
notification requirements for powered patient transport devices
commonly known as stairlifts. These devices are used to assist
transfers of a mobility impaired person up and down flights of stairs.
FDA is publishing this notice to obtain comments in accordance with
procedures established by the Food and Drug Administration
Modernization Act of 1997 (FDAMA).

DATES: Submit either electronic or written comments by July 2, 2012.

ADDRESSES: You may submit comments, identified with the FDA docket
number found in brackets in the heading of this document, by any of the
following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     FAX:<PHONE_NUMBER>.
     Mail/Hand delivery/Courier (for paper, disk, or CD-ROM
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name
and docket number for this notice. All comments received may be posted
without change to http://www.regulations.gov, including any personal
information provided. For additional information on submitting
comments, see the ``Comments'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to http://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: Rebecca Nipper, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1540, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
FAX:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Statutory Background

    Under section 513 of the Federal Food, Drug, and Cosmetic Act (FD&C
Act) (21 U.S.C. 360c), FDA must classify devices into one of three
regulatory classes: Class I, class II, or class III. FDA classification
of a device is determined by the amount of regulation necessary to
provide a reasonable assurance of safety and effectiveness. Under the
Medical Device Amendments of 1976 (1976 amendments) (Pub. L. 94-295)),
as amended by the Safe Medical Devices Act of 1990 (SMDA) (Pub. L. 101-
629)), devices are to be classified into class I (general controls) if
there is information showing that the general controls of the FD&C Act
are sufficient to assure safety and effectiveness; into class II
(special controls), if general controls by themselves are insufficient
to provide reasonable assurance of safety and effectiveness, but there
is sufficient information to establish special controls to provide such
assurance; and into class III (premarket approval), if there is
insufficient information to support classifying a device into class I
or class II and the device is a life sustaining or life supporting
device or is for a use which is of substantial importance in preventing
impairment of human health or presents a potential unreasonable risk of
illness or injury.
    Most generic types of devices that were on the market before the
date of the 1976 amendments (May 28, 1976) (generally referred to as
preamendments devices) have been classified by FDA under the procedures
set forth in section 513(c) and (d) of the FD&C Act through the
issuance of classification regulations into one of these three
regulatory classes. Devices introduced into interstate commerce for the
first time on or after May 28, 1976 (generally referred to as
postamendments devices), are classified through the premarket
notification process under section 510(k) of the FD&C Act (21 U.S.C.
360(k)). Section 510(k) of the FD&C Act and the implementing
regulations, 21 CFR part 807, require persons who intend to market a
new device to submit a premarket notification (510(k)) containing
information that allows FDA to determine whether the new device is
``substantially equivalent'' within the meaning of section 513(i) of
the FD&C Act to a legally marketed device that does not require
premarket approval.
    On November 21, 1997, the President signed into law FDAMA (Public
Law 105-115). Section 206 of FDAMA, in part, added a new section 510(m)
to the FD&C Act. Section 510(m)(1) of the FD&C Act requires FDA, within
60 days after enactment of FDAMA, to publish in the Federal Register a
list of each type of class II device that does not require a report
under section 510(k) of the FD&C Act to provide reasonable assurance of
safety and effectiveness. Section 510(m) of the FD&C Act further
provides that a 510(k) will no longer be required for these devices
upon the date of publication of the list in the Federal Register. FDA
published that list in the Federal Register of January 21, 1998 (63 FR
3142).
    Section 510(m)(2) of the FD&C Act provides that, 1 day after date
of publication of the list under section 510(m)(1), FDA may exempt a
device on its own initiative or upon petition of an interested person,
if FDA determines that a 510(k) is not necessary to provide reasonable
assurance of the safety and effectiveness of the device. This section
requires FDA to publish in the Federal Register a notice of intent to
exempt a device, or of the petition, and to provide a 30-day comment
period. Within 120 days of publication of this document, FDA must
publish in the Federal Register its final determination regarding the
exemption of the device that was the subject of the notice. If FDA
fails to respond to a petition under this section within 180 days of
receiving it, the petition shall be deemed granted.

II. Criteria for Exemption

    There are a number of factors FDA may consider to determine whether
a 510(k) is necessary to provide reasonable assurance of the safety and
effectiveness of a class II device. These factors are discussed in the
guidance the Agency issued on February 19, 1998, entitled ``Procedures
for Class II Device Exemptions from Premarket Notification, Guidance
for Industry and CDRH Staff.'' That guidance is available through the
Internet at http://www.fda.gov/downloads/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM080199.pdf or by
sending an email request to<EMAIL_ADDRESS>to receive an electronic
copy of the document or send a fax request to<PHONE_NUMBER> to receive a
hard copy. Please use the document number 159 to identify the guidance
you are requesting.

III. Proposed Class II Device Exemptions

    FDA has received the following petition requesting an exemption
from premarket notification for a class II device: Richard Keller, on
behalf of Bruno Independent Living Aids, Inc., for powered patient
transport devices (commonly known as stairlifts), classified under 21
CFR 890.5150.

IV. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES), either electronic or written comments regarding this
document. It is only necessary to send one set of comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: May 25, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-13225 Filed 5-31-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26244-26245]
[FR Doc No: 2015-10974]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Settlement Agreement and Soliciting Comments

    Take notice that the following settlement agreement has been filed

with the Commission and is available for public inspection.
    a. Type of Application: Settlement Agreement.
    b. Project No.: P-7320-042.
    c. Date filed: April 30, 2015.
    d. Applicant: Erie Boulevard Hydropower, LP (Erie).
    e. Name of Project: Chasm Hydroelectric Project.
    f. Location: On the Salmon River in Franklin County, New York. The
project does not occupy any federal lands.
    g. Filed Pursuant to: Rule 602 of the Commission's Rules of
Practice and Procedure, 18 CFR 385.602.
    h. Applicant Contact: Steven Murphy, Licensing Manager, Erie
Boulevard Hydropower, L.P., 33 West 1st Street South, Fulton, New York,
13069,<PHONE_NUMBER> or email at<EMAIL_ADDRESS>    i. FERC Contact: John Mudre at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    j. Deadline for filing comments: May 21, 2015. Reply comments due
May 31, 2015.
    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-7320-042.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. Erie filed the Settlement Agreement on behalf of itself and the
U.S. Fish and Wildlife Service, New York State Department of
Environmental Conservation, New York State Council of Trout Unlimited,
and the Town of Malone, New York. The purpose of the Settlement
Agreement is to resolve among the signatories various issues associated
with issuance of a new license for the project, including impoundment
fluctuation, base flows, bypassed reach flows, fish protection and
passage, recreational enhancements, stream flow and water level
monitoring, and invasive species management. Erie requests that the
Commission accept and incorporate the agreed-upon items into any new
license that may be issued for the project.
    l. A copy of the settlement agreement is available for review at
the Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: May 1, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-10974 Filed 5-6-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Rules and Regulations]
[Pages 72615-72617]
[FR Doc No: 2011-30073]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30812; Amdt. No. 3452]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective November 25, 2011. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of November 25, 2011.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169; or
    4. 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.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125),
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and

impractical. Furthermore, airmen do not use the regulatory text of the
SIAPs, Takeoff Minimums or ODPs, but instead refer to their depiction
on charts printed by publishers of aeronautical materials. The
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP, Takeoff Minimums and ODP
listed on FAA forms is unnecessary. This amendment provides the
affected CFR sections and specifies the types of SIAPs and the
effective dates of the, associated Takeoff Minimums and ODPs. This
amendment also identifies the airport and its location, the procedure,
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    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.
It, therefore--(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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (air).

    Issued in Washington, DC on November 11, 2011.
John McGraw,
Deputy Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 15 DEC 2011

Tatitlek, AK, Tatitlek, RNAV (GPS) RWY 31, Orig
Tatitlek, AK, Tatitlek, Takeoff Minimums and Obstacle DP, Orig
Birmingham, AL, Birmingham-Shuttlesworth Intl, LOC RWY 18, Amdt 2
Talladega, AL, Talladega Muni, RNAV (GPS) RWY 3, Amdt 1A
San Diego, CA, San Diego Intl, Takeoff Minimums and Obstacle DP,
Amdt 7
Visalia, CA, Visalia Muni, VOR RWY 12, Amdt 6
Defuniak Springs, FL, Defuniak Springs, RNAV (GPS) RWY 27, Amdt 1
Jacksonville, FL, Jacksonville Intl, ILS OR LOC RWY 8, ILS RWY 8 (SA
CAT I), ILS RWY 8 (CAT II), ILS RWY 8 (CAT III), Amdt 13
Jacksonville, FL, Jacksonville Intl, ILS OR LOC RWY 14, Amdt 7
Jacksonville, FL, Jacksonville Intl, ILS OR LOC RWY 26, Amdt 2
Jacksonville, FL, Jacksonville Intl, NDB RWY 7, Amdt 9C, CANCELLED
Jacksonville, FL, Jacksonville Intl, RNAV (GPS) RWY 8, Amdt 1
Jacksonville, FL, Jacksonville Intl, RNAV (GPS) RWY 14, Amdt 1
Jacksonville, FL, Jacksonville Intl, RNAV (GPS) RWY 26, Amdt 1
Jacksonville, FL, Jacksonville Intl, RNAV (GPS) RWY 32, Amdt 2
Jacksonville, FL, Jacksonville Intl, Takeoff Minimums and Obstacle
DP, Amdt 1
Jacksonville, FL, Jacksonville Intl, VOR/DME RWY 32, Amdt 2
Leesburg, FL, Leesburg Intl, NDB RWY 31, Amdt 2
Leesburg, FL, Leesburg Intl, RNAV (GPS) RWY 3, Amdt 1
Leesburg, FL, Leesburg Intl, RNAV (GPS) RWY 13, Amdt 2
Leesburg, FL, Leesburg Intl, RNAV (GPS) RWY 31, Amdt 1
Leesburg, FL, Leesburg Intl, Takeoff Minimums and Obstacle DP, Amdt
4
Tampa, FL, Tampa Executive, RNAV (GPS) RWY 5, Orig
Americus, GA, Jimmy Carter Rgnl, ILS OR LOC/NDB RWY 23, Amdt 1
Americus, GA, Jimmy Carter Rgnl, RNAV (GPS) RWY 5, Amdt 1
Americus, GA, Jimmy Carter Rgnl, RNAV (GPS) RWY 23, Amdt 1
Americus, GA, Jimmy Carter Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 2
Kailua/Kona, HI, Kona Intl at Keahole, RNAV (GPS) Y RWY 17, Amdt 1A
Cedar Rapids, IA, The Eastern Iowa, ILS OR LOC RWY 27, Amdt 6B
Chicago, IL, Chicago Midway Intl, RNAV (GPS) RWY 4R, Amdt 2A
Kokomo, IN, Kokomo Muni, ILS OR LOC RWY 23, Amdt 10
Kokomo, IN, Kokomo Muni, RNAV (GPS) RWY 23, Amdt 1
Terre Haute, IN, Terre Haute Intl-Hulman Field, RNAV (GPS) RWY 5,
Orig-B
Terre Haute, IN, Terre Haute Intl-Hulman Field, RNAV (GPS) RWY 23,
Amdt 1
Louisville, KY, Bowman Field, NDB RWY 33, Amdt 16
Louisville, KY, Bowman Field, RNAV (GPS) RWY 24, Amdt 1
Louisville, KY, Bowman Field, RNAV (GPS) RWY 33, Orig
Louisville, KY, Bowman Field, VOR RWY 24, Amdt 8
Murray, KY, Kyle-Oakley Field, GPS RWY 5, Amdt 1 CANCELLED
Murray, KY, Kyle-Oakley Field, GPS RWY 23, Amdt 1 CANCELLED
Murray, KY, Kyle-Oakley Field, LOC RWY 23, Amdt 2
Murray, KY, Kyle-Oakley Field, RNAV (GPS) RWY 5, Orig
Murray, KY, Kyle-Oakley Field, RNAV (GPS) RWY 23, Orig
Murray, KY, Kyle-Oakley Field, Takeoff Minimums and Obstacle DP,
Amdt 4
Boston, MA, General Edward Lawrence Logan Intl, ILS OR LOC RWY 4R,
ILS RWY 4R (SA CAT I), ILS RWY 4R (CAT II), ILS RWY 4R (CAT III),
Amdt 10
Boston, MA, General Edward Lawrence Logan Intl, ILS OR LOC RWY 22L,
Amdt 8
Boston, MA, General Edward Lawrence Logan Intl, ILS OR LOC RWY 33L,
ILS RWY 33L (SA CAT I), ILS RWY 33L (SA CAT II), Amdt 4

Boston, MA, General Edward Lawrence Logan Intl, ILS OR LOC/DME RWY
15R, Amdt 1C
Boston, MA, General Edward Lawrence Logan Intl, RNAV (GPS) RWY 4R,
Amdt 1
Boston, MA, General Edward Lawrence Logan Intl, RNAV (GPS) RWY 15R,
Amdt 1
Boston, MA, General Edward Lawrence Logan Intl, RNAV (GPS) RWY 22L,
Amdt 1
Boston, MA, General Edward Lawrence Logan Intl, RNAV (GPS) RWY 33L,
Amdt 1
Boston, MA, General Edward Lawrence Logan Intl, VOR/DME-A, Amdt 1
Benton Harbor, MI, Southwest Michigan Rgnl, ILS OR LOC RWY 28, Amdt
7
Benton Harbor, MI, Southwest Michigan Rgnl, RNAV (GPS) RWY 10, Amdt
1A
Benton Harbor, MI, Southwest Michigan Rgnl, RNAV (GPS) RWY 28, Amdt
1
Detroit, MI, Detroit Metropolitan Wayne County, ILS OR LOC RWY 27L,
Amdt 3
Detroit, MI, Detroit Metropolitan Wayne County, ILS OR LOC RWY 27R,
Amdt 12
Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) RWY 27L,
Amdt 2
Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) RWY 27R,
Amdt 2
Gladwin, MI, Gladwin Zettel Memorial, NDB RWY 27, Amdt 4
Gladwin, MI, Gladwin Zettel Memorial, RNAV (GPS) RWY 9, Orig
Gladwin, MI, Gladwin Zettel Memorial, RNAV (GPS) RWY 27, Orig
Manistique, MI, Schoolcraft County, Takeoff Minimums and Obstacle
DP, Orig
Bigfork, MN, Bigfork Muni, GPS RWY 15, Orig, CANCELLED
Bigfork, MN, Bigfork Muni, RNAV (GPS) RWY 15, Orig
Bigfork, MN, Bigfork Muni, RNAV (GPS) RWY 33, Orig
Greenwood, MS, Greenwood-Leflore, ILS OR LOC RWY 18, Amdt 7
Greenwood, MS, Greenwood-Leflore, RNAV (GPS) RWY 5, Amdt 1
Greenwood, MS, Greenwood-Leflore, VOR RWY 5, Amdt 12
Greenwood, MS, Greenwood-Leflore, Takeoff Minimums and Obstacle DP,
Amdt 6
Yazoo City, MS, Yazoo County, Takeoff Minimums and Obstacle DP, Orig
Yazoo City, MS, Yazoo County, VOR/DME-B, Orig
Glasgow, MT, Wokal Field/Glasgow Intl, Takeoff Minimums and Obstacle
DP, Orig
Wallace, NC, Henderson Field, NDB RWY 27, Amdt 1, CANCELLED
Caldwell, NJ, Essex County, NDB OR GPS-A, Amdt 5B, CANCELLED
Caldwell, NJ, Essex County, RNAV (GPS) RWY 4, Orig
Caldwell, NJ, Essex County, RNAV (GPS) RWY 10, Orig
Caldwell, NJ, Essex County, RNAV (GPS) RWY 22, Amdt 1
Rochester, NY, Greater Rochester Intl, RNAV (GPS) RWY 25, Orig-A
Ashtabula, OH, Ashtabula County, RNAV (GPS) RWY 9, Orig-A
Ashtabula, OH, Ashtabula County, RNAV (GPS) RWY 27, Orig-A
Ashtabula, OH, Ashtabula County, Takeoff Minimums and Obstacle DP,
Orig-A
Youngstown/Warren, OH, Youngstown-Warren Rgnl, ILS OR LOC RWY 14,
Amdt 8
Youngstown/Warren, OH, Youngstown-Warren Rgnl, ILS OR LOC RWY 32,
Amdt 27
Youngstown/Warren, OH, Youngstown-Warren Rgnl, NDB RWY 32, Amdt 20
Youngstown/Warren, OH, Youngstown-Warren Rgnl, RNAV (GPS) RWY 32,
Orig-A
Shawnee, OK, Shawnee, RNAV (GPS) RWY 35, Orig-A
Pelion, SC, Lexington County at Pelion, RNAV (GPS) RWY 18, Orig
Pelion, SC, Lexington County at Pelion, RNAV (GPS) RWY 36, Orig
Pelion, SC, Lexington County at Pelion, VOR-A, Amdt 3
Spartanburg, SC, Spartanburg Downtown Memorial, ILS OR LOC RWY 5,
Amdt 1
Spartanburg, SC, Spartanburg Downtown Memorial, NDB OR GPS-A, Amdt
8C, CANCELLED
Spartanburg, SC, Spartanburg Downtown Memorial, RNAV (GPS) RWY 5,
Orig
Spartanburg, SC, Spartanburg Downtown Memorial, RNAV (GPS) RWY 23,
Orig
Spartanburg, SC, Spartanburg Downtown Memorial, Takeoff Minimums and
Obstacle DP, Amdt 1
Gallatin, TN, Sumner County Rgnl, RNAV (GPS) RWY 17, Amdt 1
Gallatin, TN, Sumner County Rgnl, RNAV (GPS) RWY 35, Amdt 1
Rockwood, TN, Rockwood Muni, RNAV (GPS) RWY 4, Orig
Rockwood, TN, Rockwood Muni, RNAV (GPS) RWY 22, Amdt 1
Rockwood, TN, Rockwood Muni, Takeoff Minimums and Obstacle DP, Amdt
2
Crockett, TX, Houston County, GPS RWY 2, Orig-A, CANCELLED
Crockett, TX, Houston County, GPS RWY 20, Orig-A, CANCELLED
Crockett, TX, Houston County, RNAV (GPS) RWY 2, Orig
Crockett, TX, Houston County, RNAV (GPS) RWY 20, Orig
Crockett, TX, Houston County, Takeoff Minimums and Obstacle DP, Orig
Dallas-Fort Worth, TX, Dallas/Fort Worth Intl, ILS OR LOC RWY 13R,
ILS RWY 13R (SA CAT II), Amdt 8
Dallas-Fort Worth, TX, Dallas/Fort Worth Intl, RNAV (RNP) Z RWY 13R,
Orig-D
Lamesa, TX, Lamesa Muni, NDB RWY 16, Amdt 3
Lamesa, TX, Lamesa Muni, NDB RWY 34, Amdt 4
Lamesa, TX, Lamesa Muni, RNAV (GPS) RWY 16, Orig
Lamesa, TX, Lamesa Muni, RNAV (GPS) RWY 34, Orig
Wichita Falls, TX, Wichita Valley, VOR/DME-C, Amdt 2
Logan, UT, Logan-Cache, RNAV (GPS) RWY 17, Amdt 1
Galax/Hillsville, VA, Twin County, Takeoff Minimums and Obstacle DP,
Amdt 2
Lawrenceville, VA, Lawrenceville/Brunswick Muni, RNAV (GPS) RWY 18,
Orig-A
Lawrenceville, VA, Lawrenceville/Brunswick Muni, RNAV (GPS) RWY 36,
Orig-A
Moneta, VA, Smith Mountain Lake, RNAV (GPS) RWY 23, Orig-A
Moneta, VA, Smith Mountain Lake, VOR/DME OR GPS RWY 23, Orig-A,
CANCELLED
Richlands, VA, Tazewell County, Takeoff Minimums and Obstacle DP,
Amdt 1
Spokane, WA, Spokane Intl, ILS OR LOC/DME RWY 21, ILS RWY 21 (SA CAT
I), ILS RWY 21 (CAT II), ILS RWY 21 (CAT III), Amdt 23
Spokane, WA, Spokane Intl, RNAV (GPS) Y RWY 3, Amdt 2A
Spokane, WA, Spokane Intl, RNAV (GPS) Y RWY 21, Amdt 2
Spokane, WA, Spokane Intl, RNAV (RNP) Z RWY 21, Amdt 1
Hartford, WI, Hartford Muni, NDB OR GPS RWY 11, Amdt 4A, CANCELLED
Hartford, WI, Hartford Muni, RNAV (GPS) RWY 11, Orig
Hartford, WI, Hartford Muni, RNAV (GPS) RWY 29, Orig
Hartford, WI, Hartford Muni, Takeoff Minimums and Obstacle DP, Orig
Hartford, WI, Hartford Muni, VOR OR GPS-A, Amdt 5A, CANCELLED
Menomonie, WI, Menomonie Muni-Score Field, Takeoff Minimums and
Obstacle DP, Amdt 1
New Richmond, WI, New Richmond Rgnl, RNAV (GPS) RWY 14, Amdt 2A
Phillips, WI, Price County, NDB OR GPS RWY 6, Amdt 1A, CANCELLED
Phillips, WI, Price County, NDB OR GPS RWY 24, Amdt 3A, CANCELLED
Phillips, WI, Price County, RNAV (GPS) RWY 6, Orig
Phillips, WI, Price County, RNAV (GPS) RWY 24, Orig
Waukesha, WI, Waukesha County, ILS OR LOC RWY 10, Amdt 2
Summersville, WV, Summersville, GPS RWY 4, Amdt 2A, CANCELLED
Summersville, WV, Summersville, GPS RWY 22, Amdt 2A, CANCELLED
Summersville, WV, Summersville, RNAV (GPS) RWY 4, Orig

[FR Doc. 2011-30073 Filed 11-23-11; 8:45 am]
BILLING CODE 4910-13-P