[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Notices]
[Pages 22537-22538]
[FR Doc No: 2013-08864]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG13-25-000.
    Applicants: NRG Energy, Inc.
    Description: Self-Certification of EG or FC of NRG Energy, Inc for
Petra Nova Power I LLC.
    Filed Date: 4/4/13.
    Accession Number: 20130404-5131.
    Comments Due: 5 p.m. ET 4/25/13.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER12-817-002.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: 04-08-2013 Resource Adequacy 2013 Comp Filing to be
effective 2/27/2013.
    Filed Date: 4/8/13.
    Accession Number: 20130408-5126.
    Comments Due: 5 p.m. ET 4/29/13.

    Docket Numbers: ER13-5-001.
    Applicants: ITC Midwest LLC.
    Description: ITC Midwest LLC submits Compliance Filing of ITC
Midwest LLC to be effective 3/11/2013.
    Filed Date: 4/9/13.

    Accession Number: 20130409-5102.
    Comments Due: 5 p.m. ET 4/30/13.

    Docket Numbers: ER13-954-001.
    Applicants: Northern States Power Company, a Wisconsin corporation,
Northern States Power Company, a Minnesota corporation.
    Description: 2013 Interchange Agreement Supplement to be effective
1/1/2013.
    Filed Date: 4/8/13.
    Accession Number: 20130408-5085.
    Comments Due: 5 p.m. ET 4/29/13.

    Docket Numbers: ER13-1035-001.
    Applicants: Palmco Power CA, LLC.
    Description: Palmco Power CA FERC Electric Tariff to be effective
5/9/2013.
    Filed Date: 4/9/13.
    Accession Number: 20130409-5023.
    Comments Due: 5 p.m. ET 4/30/13.

    Docket Numbers: ER13-1253-000.
    Applicants: Southern California Edison Company.
    Description: Revised Formula Rate: Non-Transmission Depreciation
Rates to be effective 1/1/2012.
    Filed Date: 4/8/13.
    Accession Number: 20130408-5144.
    Comments Due: 5 p.m. ET 4/29/13.

    Docket Numbers: ER13-1254-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Duke Energy Carolinas, LLC submits Joint OATT Real
Power Loss (2013) to be effective 5/1/2013.
    Filed Date: 4/9/13.
    Accession Number: 20130409-5051.
    Comments Due: 5 p.m. ET 4/30/13.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH13-15-000.
    Applicants: Centerbridge Partners, L.P.
    Description: Centerbridge Partners, L.P. submits FERC-65-B Waiver
Notification.
    Filed Date: 4/8/13.
    Accession Number: 20130408-5191.
    Comments Due: 5 p.m. ET 4/29/13.

    Take notice that the Commission received the following electric
reliability filings:

    Docket Numbers: RR13-3-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Petition of the North American Electric Reliability
Corporation for Approval of Revisions to Appendix 2 and Appendix 4D of
the NERC Rules of Procedure.
    Filed Date: 4/8/13.
    Accession Number: 20130408-5193.
    Comments Due: 5 p.m. ET 4/29/13.

    Docket Numbers: RR13-4-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Petition of North American Electric Reliability
Corporation for Approval of Amendments to the Delegation Agreement with
Texas Reliability Entity, Inc.--Amendments to Texas Reliability Entity,
Inc.'s Bylaws.
    Filed Date: 4/9/13.
    Accession Number: 20130409-5096.
    Comments Due: 5 p.m. ET 4/30/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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.
    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: April 9, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-08864 Filed 4-15-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 13, 2009 (Volume 74, Number 8)]
[Proposed Rules]
[Page 1652-1653]
[DOCID:fr13ja09-19]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1290; Airspace Docket No. 08-AGL-19]

Proposed Amendment of Class E Airspace; Battle Creek, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Battle
Creek, MI. Additional controlled airspace is necessary to accommodate
new Standard Instrument Approach Procedures (SIAPs) at W.K. Kellogg
Airport, Battle Creek, MI. The FAA is taking this action to enhance the
safety and management of Instrument Flight Rules (IFR) aircraft
operations at W.K. Kellogg Airport.

DATES: Comments must be received on or before February 27, 2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2008-1290/Airspace Docket No. 08-
AGL-19, at the beginning of your comments. You may also submit comments
on the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone: (817)
222-5582.

SUPPLEMENTARY INFORMATION:

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 and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2008-1290/
Airspace Docket No. 08-AGL-19.'' The postcard will be date/time stamped
and returned to the commenter.

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/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRMs
should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by adding additional Class E airspace for SIAPs
operations at W.K. Kellogg Airport, Battle Creek, MI. The area would be
depicted on appropriate aeronautical charts.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9S, dated October 3, 2008, and effective October 31, 2008, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the 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.
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. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 describes the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it would add
additional controlled airspace at W.K. Kellogg Airport, Battle Creek,
MI.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, 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;
AIRWAYS; ROUTES; AND REPORTING POINTS

    1. The authority citation for 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]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, dated October 3, 2008, and effective October 31,
2008, is amended as follows:

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

* * * * *

AGL MI E5 Battle Creek, MI [Amended]

Battle Creek, W.K. Kellogg Airport, MI
    (Lat. 42[deg]18'26'' N., long. 85[deg]15'05'' W.)
BATOL LOM/NDB
    (Lat. 42[deg]21'43'' N., long. 85[deg]11'04'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of W.K. Kellogg Airport and within 4 miles
each side of the 222[deg] bearing from the airport extending from
the 7-mile radius to 11.7 miles southwest of the airport, and within
4 miles each side of the 049[deg] bearing from the airport extending
from the 7-mile radius to 10.9 miles northeast of the airport, and
within 7 miles northwest and 4.4 miles southeast of the Battle Creek
ILS localizer northeast course extending from the 7-mile radius to
10.4 miles northeast of the BATOL LOM/NDB.
* * * * *

    Issued in Fort Worth, TX on January 7, 2009.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-477 Filed 1-12-09; 8:45 am]

BILLING CODE 4901-13-P


[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Proposed Rules]
[Pages 7839-7840]
[FR Doc No: 2019-03838]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0816; Airspace Docket No. 18-AWP-7]
RIN-2120-AA66

Proposed Establishment of Class E Airspace, Boulder City, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E airspace extending
upward from 700 feet above the surface at Boulder City Muni Airport,
NV. This action would support the development of Instrument Flight
Rules (IFR) operations under standard instrument approach and departure
procedures at the airport, for the safety and management of aircraft
within the National Airspace System.

DATES: Comments must be received on or before April 19, 2019.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2018-0816; Airspace Docket No. 18-AWP-7, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S. 216th St, Des Moines, WA, 98198-6547; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish Class E airspace extending upward from 700 feet
above the surface at Boulder City Muni Airport, NV to support IFR
operations in standard instrument approach and departure procedures at
this airport.

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 and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2018-0816/
Airspace Docket No. 18-AWP-7''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. 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/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, 2200 S. 216th St, Des Moines, WA, 98198-6547.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class E airspace extending
upward from 700 feet above the surface at Boulder City Muni, NV. The
Class E airspace extending upward from 700 feet above the surface would
be established by adding Class E airspace within a radius of 4.25 miles
of the airport and 1.25 miles each side of the 299[deg] bearing
extending from the 4.25-mile radius to 6 miles northwest from the
airport. This airspace is necessary to support IFR operations in
standard instrument approach and departure procedures at the airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    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,
and is non-controversial and unlikely to result in adverse or negative
comments. 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. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this 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.

Environmental Review

    This proposal would be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``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(f), 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 FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM CO E5 Boulder City, NV [New]

Boulder City Muni Airport, NV
    (Lat. 35[deg]56'51'' N, long. 114[deg]51'41'' W)

    That airspace extending upward from 700 feet above the surface
within a 4.25 mile radius of Boulder City Muni Airport and that
airspace 1.25 miles each side of the 299[deg] bearing from the 4.25
mile radius to 6.00 miles from the airport.

    Issued in Seattle, Washington, on February 26, 2019.
Stephanie C. Harris,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2019-03838 Filed 3-4-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 26, 2009 (Volume 74, Number 37)]
[Notices]
[Page 8837-8838]
[DOCID:fr26fe09-94]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Passenger Facility Charge (PFC) Approvals and
Disapprovals

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Monthly Notice of PFC Approvals and Disapprovals. In January
2009, there were three applications approved. This notice also includes
information on one application, approved in December 2008,
inadvertently left off the December 2008 notice. Additionally, 16
approved amendments to previously approved applications are listed.

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SUMMARY: The FAA publishes a monthly notice, as appropriate, of PFC
approvals and disapprovals under the provisions of the Aviation Safety
and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget
Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the
Federal Aviation Regulations (14 CFR Part 158). This notice is
published pursuant to paragraph d of Sec.  158.29.

PFC Applications Approved

    Public Agency: Gallatin Airport Authority, Belgrade, Montana.
    Application Number: 09-04-C-00-BZN.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    TOTAL PFC Revenue Approved in This Decision: $2,200,000.
    Earliest Charge Effective Date: February 1, 2010.
    Estimated Charge Expiration Date: February 1, 2012.
    Class of Air Carriers not Required to Collect PFC'S: Air taxi/
commercial operators filing FAA Form 1800-31.
    Determination: Approved. Based on information submitted in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Gallatin Field.
    Brief Description of Projects Approved for Collection and Use:

Terminal expansion, preliminary design.
Purchase express ramp loading bridge.

    Decision Date: December 30, 2008.

FOR FURTHER INFORMATION CONTACT: Dave Stelling, Helena Airports
District Office,<PHONE_NUMBER>.

    Public Agency: Indian Wells Valley Airport District, Inyokern,
California.
    Application Number: 09-06-C-00-IYK.
    Application Type: Impose And Use A PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in This Decision: $502,105.
    Earliest Charge Effective Date: March 1, 2009.
    Estimated Charge Expiration Date: March 1, 2019.
    Class of Air Carriers not Required to Collect PFC's: None.
    Brief Description of Projects Approved for Collection and Use:

PFC application costs.
Terminal building improvements.
Airfield electrical improvements.
Power sweeper truck.

    Brief Description of Projects Approved for Collection:

Runway 2/20, taxiway, apron, and access road rehabilitation.
Runway 2/20 reconstruction.
Taxiway Al construction.
Runway 15/33 reconstruction.

    Decision Date: January 16, 2009.

FOR FURTHER INFORMATION CONTACT: Darlene Williams, Los Angeles Airports
District Office,<PHONE_NUMBER>.
    Public Agency: City Of Chicago, Illinois.
    Applications Number: 07-12-C-00-Mdw.
    Application Type: Impose And Use A Pfc.
    PFC Level: $4.50.
    Total PFC Revenue Approved In This Decision: $501,933,168.
    Earliest Charge Effective Date: September 1, 2038.
    Estimated Charge Expiration Date: November 1, 2053.
    Class of Air Carriers not Required to Collect PFC's: Air Taxi.
    Determination: Approved. Based on information submitted in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Chicago Midway International Airport.
    Brief Description of Partially Projects Approved for Collection and
Use at a $4.50 PFC Level: Residential soundproofing (2005-2011).
    Determination: The public agency did not provide sufficient
documentation to justify the level of financing and interest costs
requested. Therefore, the FAA reduced the requested financing costs.

North security hall expansion.

    Determination: The public agency did not provide sufficient
documentation to justify the level of financing and interest costs
requested. Therefore, the FAA reduced the requested financing costs.

Cyclical airfield rehabilitation.

    Determination: The public agency requested that this project be
solely funded with PFC revenue. However, after the application had been
submitted, the public agency received two Airport Improvement Program
(AlP) grants providing partially funding for two project components.
Therefore, the FAA reduced the approved PFC amount to account for the
two AlP grants. In addition, the public agency requested, by letter
dated December 19, 2008, that three proposed components be withdrawn
from the project. Finally, the public agency did not provide sufficient
documentation to justify the level of financing and interest costs
requested. Therefore, the FAA reduced the requested financing costs.

Explosive detection system in-line baggage system.

    Determination: Offices and training rooms for the Transportation
Security Administration are not PFC eligible, in accordance with
paragraph 611 of FAA Order 5100/.38C, AlP Handbook (June 28, 2005). In
addition, the public agency did not provide sufficient documentation to
justify the level of financing and interest costs requested. Therefore,
the FAA reduced the requested financing costs.

School soundproofing 2005-2008.

    Determination: The public agency provided revised, reduced costs to
the FAA on January 8, 2009. Therefore, the approved amount was reduced
from that requested in the application. In addition, the public agency
did not provide sufficient documentation to justify the level of
financing and interest costs requested. Therefore, the FAA reduced the
requested financing costs.
    Brief Description of Projects Partially Approved for Collection and
Use at a $3.00 PFC Level: Vehicle acquisitions 2005-2011.
    Determination: The public agency did not provide cost information
for the purchase of one runway broom nor was there evidence that the
acquisition of this vehicle had been discussed in the airline
consultation. Therefore, the acquisition of one runway broom was not
approved. In addition, the public agency did not provide sufficient
documentation to justify the level of financing and interest costs
requested. Therefore, the FAA reduced the requested financing costs.

    Land Acquisition, Runway Protection Zone: 6301 South Cicero Avenue;
and 4735-39 West 63rd Street.
    Determination: The public agency did not provide sufficient
documentation to justify the level of financing and interest costs
requested. Therefore, the FAA reduced the requested financing costs.

Concourse A infill.

    Determination: Several components of the project dealing with
airlines operations and concessions spaces are not PFC eligible in
accordance with paragraph 611 of FAA Order 5100.38C, AlP Handbook (June
28, 2005). In addition, the public agency did not provide sufficient
documentation to justify the level of financing and interest costs
requested. Therefore, the FAA reduced the requested financing costs.
    Brief Description of Projects Partially Approved for Collection at
a $3.00 PFC Level: Land acquisition, runway protection zone: demolition
of 6301 South Cicero Avenue and 4735-39 West 63 Street; acquisition and
demolition of 5700 West 55th Street, 632353 South Cicero Avenue, 5600
West 631d Street, 5448 West 55th Street, and 5544-42 West 55th Street.
    Determination: The public agency did not provide sufficient
documentation to justify the level of financing and interest costs
requested. Therefore, the FAA reduced the requested financing costs.
    Decision Date: January 21, 2009.

FOR FURTHER INFORMATION CONTACT: Amy Hanson, Chicago Airports District
Office,<PHONE_NUMBER>.

    Public Agency: City of Laredo, Texas.
    Application Number: 09-03-C-00-Lrd.
    Application Type: Impose And Use A Pfc.
    PFC Level: $4.50.
    Total PFC Revenue Approved in this Decision: $7,852,765.
    Earliest Charge Effective Date: January 1, 2013.
    Estimated Charge Expiration Date: June 1, 2022.
    Class of Air Carriers Not Required to Collect PFC's: None.
    Brief Description of Projects Approved for Collection and Use:
    Planning studies.
    Rehabilitate pavement.
    Acquire land.
    Aircraft rescue and firefighting improvements.
    Construct fuel farm.
    Acquire airfield equipment.
    Enhance security.
    Improve terminal.
    PFC audit fees.
    Brief Description of Disapproved Project: Lighting fixtures for new
employee parking lot.
    Determination: This project is not PFC eligible in accordance with
Sec.  158.15(b).
    Decision Date: January 21, 2009.

FOR FURTHER INFORMATION CONTACT: Guillermo Villalobos, Texas Airport
Development Office,<PHONE_NUMBER>.

                                           Amendments to PFC Approvals
----------------------------------------------------------------------------------------------------------------
                                                                                Original         Amended
                                     Amendment       Original         Amended        estimated       estimated
   Amendment No., city, state      approved date   approved net    approved net     charge exp.     charge exp.
                                                    PFC revenue     PFC revenue        date            date
----------------------------------------------------------------------------------------------------------------
08-05-C-01-UNV, State College,          12/24/08      $4,139,384      $4,338,028        12/01/13        12/01/14
 PA.............................
93-01-C-01-IWD, Ironwood, MI....        01/05/09          74,690          90,531        10/01/06        10/01/06
07-02-C-01-IWD, Ironwood, MI....        01/05/09         133,060         128,549        02/01/17        02/01/26
05-09-C-06-CVG, Covington, KY...        01/08/09      41,388,000      38,846,000        08/01/11        06/01/11
01-04-C-02-GJT, Grand Junction,         01/12/09       1,730,000       1,683,922        07/01/07        09/01/06
 CO.............................
03-10-C-01-MDW, Chicago, IL.....        01/13/08       1,550,000               0        02/01/40        09/01/38
05-03-C-01-BZN, Belgrade, MT....        01/13/09       2,891,180       2,115,410        02/01/10        03/01/09
03-03-C-02-ABY, Albany, GA......        01/14/09         512,749         457,111        02/01/08        02/01/08
97-02-C-02-CHA, Chattanooga, TN.        01/14/09         150,000         103,900        02/01/05        02/01/05
02-07-C-04-MKE, Milwaukee, WI...        01/14/09      38,807,888      35,786,991        03/01/17        02/01/16
03-09-U-03-MKE, Milwaukee, WI...        01/14/09              NA              NA        03/01/17        02/01/16
06-13-C-02-MKE, Milwaukee, WI...        01/14/09      51,947,402      51,853,683        06/01/24        09/01/19
*92-01-1-03-ITH, Ithaca, NY.....        01/15/09       6,332,880       6,332,880        01/01/99        01/01/15
94-02-C-03-ITH, Ithaca, NY......        01/15/09         539,732         539,732        10/01/13        05/01/16
00-04-C-02-TUL, Tulsa, OK.......        01/15/09      17,900,000      17,900,000        07/01/04        05/01/04
03-05-C-01-ATW, Appleton, WI....        01/23/09         318,170         318,410        10/01/08        09/01/08
----------------------------------------------------------------------------------------------------------------

    The amendment denoted by an asterisk (*) includes a change to the
PFC level charged from $3.00 per enplaned passenger to $4.50 per
enplaned passenger. For Ithaca, NY, this change is effective on March
1, 2009.

    Issued in Washington, DC on February 12, 2009.
Joe Hebert,
Manager, Financial Analysis and Passenger Facility Charge Branch.
[FR Doc. E9-3826 Filed 2-25-09; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: February 16, 2007 (Volume 72, Number 32)]
[Notices]
[Page 7706-7708]
[DOCID:fr16fe07-143]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55261; File No. SR-Phlx-2007-01]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto Relating to Calculation and Dissemination
of PHLX/KBW Bank Index Values

February 8, 2007.
    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 January 18, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx'' 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 substantially prepared by the Phlx. On
February 2, 2007, the Phlx filed Amendment No. 1 to the proposed rule
change. The Phlx filed the proposed rule change as a ``non-
controversial'' rule change pursuant to Section 19(b)(3)(A) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change, as
amended, from interested persons.\5\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ Certain additions and technical corrections were made
throughout the discussion of the proposed rule change pursuant to
conversations with Phlx staff. Telephone conversation between Jurij
Trypupenko, Director and Counsel, Phlx, and Kate Robbins, Attorney,
Division of Market Regulation, Commission, on February 5, 2007.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Phlx proposes that Dow Jones & Company, Inc. (``Dow Jones'')
will replace the Exchange as the party solely responsible for the
calculation and dissemination of the current index values \6\ of the
PHLX/KBW Bank Index (``Bank Index'' or ``Index'').\7\
---------------------------------------------------------------------------

    \6\ Bridge Data, which merged into Reuters, at various times has
calculated and disseminated relevant index values on behalf of the
Exchange.
    \7\ KBW is a registered broker-dealer that, among other things,
specializes in U.S. bank stocks and is recognized as the ``financial
services industry authority.'' The Bank Index (BKX), also known as
the KBW Bank Index and as a sector index, is a European-style
modified-capitalization-weighted index composed of 24 geographically
dispersed companies representing national money center banks and
leading regional institutions. KBW has informed the Exchange that an
independent third party, Dow Jones, on behalf of KBW will calculate
and publicly disseminate the current values of the Bank Index and
will follow necessary procedures such as publicly reporting the
current underlying index values at least once every 15 seconds
during the periods that options on the Bank Index are traded.
---------------------------------------------------------------------------

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 Phlx 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 Phlx 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 provide that Dow
Jones, rather than the Exchange, will calculate and disseminate the
current index values of the Bank Index. No other changes are proposed
in respect of the Index.
    Options on the Bank Index, a narrow-based (industry) index, were
originally listed in 1992.\8\ The Commission's Approval Order regarding
the Bank Index and options on it contains the following language about
the calculation of the underlying current index value:
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 31145 (September 3,
1992), 57 FR 41531 (September 10, 1992) (SR-Phlx-91-27) (``Approval
Order'').

    Even though the Index will be maintained by KBW, the Phlx
represents that the Exchange will be solely responsible for the
calculation of the Index and that the Index value will be calculated
and disseminated in such a way that neither KBW nor any other party
will be in receipt of the Index value prior to the public
dissemination of the

value. In this connection, the Phlx has made arrangements for the
Index to be calculated by an independent third party, Bridge Data, a
vendor of financial information.\9\
---------------------------------------------------------------------------

    \9\ Id.

In June 2006, the Exchange filed a proposal that it would calculate and
disseminate the Bank Index values in the event that Bridge Data was
temporarily unable to calculate and disseminate the values due to
technical difficulties.\10\ The Exchange is proposing in this filing
that it (and any third party on the Exchange's behalf) will cease
calculating and disseminating the Bank Index values and, in its place,
Dow Jones \11\ will be solely responsible for such calculation and
dissemination.\12\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 53933 (June 1,
2006), 71 FR 33330 (June 8, 2006) (SR-Phlx-2006-29).
    \11\ Dow Jones is an independent third party vis a vis KBW, and
KBW has informed the Exchange that Dow Jones will publicly report
the underlying values of the Bank Index at least once every 15
seconds during the times that options on the Bank Index are traded
on the Exchange.,
    \12\ Although Dow Jones will take over from Phlx the
responsibility to calculate and disseminate current index values of
four additional KBW indexes, this is not part of the proposed filing
because such indexes were listed pursuant to Rule 19b-4(e).
---------------------------------------------------------------------------

    The Exchange notes that the listing of options on the Bank Index
preceded the adoption of the Exchange's generic index option listing
standards in Phlx Rule 1009A. This rule permits the Exchange to list
qualifying index options pursuant to a form filing per Rule 19b-4(e)
under the Exchange Act (instead of a rule filing as with the Bank
Index), and does not require a filing regarding the identity of the
entity calculating or disseminating the current index values, so long
as such values are publicly reported at least once every 15 seconds
during the periods that the index options are traded on the
Exchange.\13\
---------------------------------------------------------------------------

    \13\ Where an underlying index is maintained by a broker-dealer,
the index must be calculated by a third party who is not a broker-
dealer, and the broker-dealer will have to erect a ``Chinese Wall''
around its personnel who have access to information concerning
changes in and adjustments to the index. See Phlx Rule 1009A(b)(12).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposed rule change to make Dow
Jones responsible for calculating and disseminating the Bank Index
values is consistent with Section 6(b) of the Act \14\ in general, and
furthers the objectives of Section 6(b)(5) of the Act \15\ in
particular, in that it is designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and to protect
investors and the public interest.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    No written comments were either solicited or 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 \16\ and Rule 19b-
4(f)(6) thereunder.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.\18\
---------------------------------------------------------------------------

    \18\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on February 2, 2007, the date on which the Phlx
submitted Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\19\
However, Rule 19b-4(f)(6)(iii) \20\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Phlx provided the Commission
with written notice of its intent to file this proposed rule change at
least five business days prior to the date of filing of the proposed
rule change. In addition, the Phlx has requested that the Commission
waive the 30-day operative delay. The Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest because it will assure the continued
availability of the current Bank Index values. For this reason, the
Commission designates the proposal to be effective and operative upon
filing with the Commission.\21\
---------------------------------------------------------------------------

    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ Id.
    \21\ 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).
---------------------------------------------------------------------------

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-Phlx-2007-01 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2007-01. 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 inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Phlx. 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-Phlx-2007-01 and should be submitted on or before March
9, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-2764 Filed 2-15-07; 8:45 am]

BILLING CODE 8010-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on October 7, 2004

NOTICE OF ACTION TAKEN -- DOCKETS OST-2002-11695, OST-2000-7265 &
OST-99-6192

________________________________________________________________________
________________________________________________________

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

Applicant:  Lan Peru, S.A.						Date Filed:  September 13, 2004

Relief requested: Renew and amend exemptions from 49 U.S.C. § 41301 to
engage in scheduled foreign air transportation of persons, property and
mail (1) between Lima, Peru, on the one hand, and the coterminal points
Miami, Florida, Los Angeles, California, and New York, New York, on the
other hand; and (2) between Lima, Peru, on the one hand, and Miami,
Florida, on the other hand, via Punta Cana, Dominican Republic; and to
conduct charters in accordance with Part 212 of the Department’s
rules.

Date and citation of last action:  August 13, 2002, in the above
referenced dockets

Applicant representative:  Charles Donley<PHONE_NUMBER>

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved								Action date:  October 7, 2004

Effective dates of authority granted:  October 7, 2004-October 7, 2006

Basis for approval (bilateral agreement/reciprocity):  Air Transport
Agreement between the United States and Peru

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

X Standard exemption conditions (attached)

Special conditions/Partial grant/Denial basis/Remarks:  With respect to
Lan Peru’s request that we clarify its authority in the Lima-Los
Angeles and New York markets, we have removed the requirement that it
serve the referenced markets pursuant to a code-share with Lan Chile.
Lan Peru may serve the Lima-Los Angeles/New York markets either by
code-share or independently.  Lan Peru and Lan Chile currently hold the
necessary Department authority to conduct code-share services in the
referenced markets (see Docket OST-2000-7271).

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

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

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

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

Foreign Carrier Conditions

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

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

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

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

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

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

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

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

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

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

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

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

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

												05/2004

  Lan Peru further requests that we amend and clarify its authority in
Docket OST-2000-7265 by removing the requirement in its existing
exemption authority, last granted September 13, 2002, that its services
between Lima and the coterminal points Los Angeles and New York be
conducted pursuant to a code-share arrangement with Lan Chile.  Lan Peru
states that inclusion of the code-share language leads to unnecessary
confusion as to its ability to serve the Lima-Los Angeles/New York
markets independently.


[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Notices]
[Pages 13696-13697]
[FR Doc No: 2011-5934]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Admiralty Holding Co., American Consolidated Management Group,
Inc., DnC Multimedia Corp., Dorsey Trailers, Inc. (n/k/a DT
Liquidation, Inc.), and ElectraCapital, Inc. (a/k/a Electra Capital,
Inc.); Order of Suspension of Trading

March 10, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Admiralty Holding Co. because it has not filed any periodic reports
since the period ended September 30, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
American Consolidated Management Group, Inc. because it has not filed
any periodic

reports since the period ended March 31, 2006.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
DnC Multimedia Corp. because it has not filed any periodic reports
since the period ended December 31, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Dorsey Trailers, Inc. (n/k/a DT Liquidation, Inc.) because it has not
filed any periodic reports since the period ended July 1, 2000.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
ElectraCapital, Inc. (a/k/a Electra Capital, Inc.) because it has not
filed any periodic reports since the period ended September 30, 2003.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EST on March 10, 2011, through 11:59 p.m.
EDT on March 23, 2011.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2011-5934 Filed 3-10-11; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Pages 51986-51988]
[FR Doc No: 2011-21237]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0410]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Premarket
Notification for a New Dietary Ingredient

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995 (the PRA).

DATES: Fax written comments on the collection of information by
September 19, 2011.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0330.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT:
    Denver Presley, Jr., Office of Information Management, Food and
Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville, MD 20850,
301-796-3793.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Premarket Notification for a New Dietary Ingredient--21 CFR 190.6--(OMB
Control Number 0910-0330)--Extension

    Section 413(a) of the Federal Food, Drug, and Cosmetic Act (the
FD&C Act) (21 U.S.C. 350b(a)) provides that at least 75 days before the
introduction or delivery for introduction into interstate commerce of a
dietary supplement that contains a new dietary ingredient (NDI), a
manufacturer or distributor of an NDI, or of the dietary supplement
that contains the NDI, is to submit to FDA (as delegate for the
Secretary of Health and Human Services) the information which is the
basis on which the manufacturer or distributor has concluded that a
dietary supplement containing an NDI will reasonably be expected to be
safe. Section 190.6 (21 CFR 190.6) implements this statutory provision.
Section 190.6(a) requires each manufacturer or distributor of a dietary
supplement containing an NDI, or of an NDI, to submit to the Office of
Nutrition, Labeling, and Dietary Supplements notification of the basis
for their conclusion that said supplement or ingredient will reasonably
be expected to be safe. Section 190.6(b) requires that the notification
include the following: (1) The complete name and address of the
manufacturer or distributor, (2) the name of the NDI, (3) a description
of the dietary supplements that contain the NDI, and (4) the history of
use or other evidence of safety establishing that the dietary
ingredient will reasonably be expected to be safe.

    The notification requirements described previously are designed to
enable FDA to monitor the introduction into the food supply of NDIs and
dietary supplements that contain NDIs, in order to protect consumers
from the introduction of unsafe dietary supplements into interstate
commerce. FDA uses the information collected under these regulations to
help ensure that a manufacturer or distributor of a dietary supplement
containing an NDI is in full compliance with the FD&C Act.
    Description of Respondents: The respondents to this collection of
information are firms in the dietary supplement industry, including
dietary supplement and dietary ingredient manufacturers, packagers and
re-packagers, holders, labelers and re-labelers, distributors,
warehouses, exporters, and importers.
    In the Federal Register of June 3, 2011 (76 FR 32214), FDA
published a 60-day notice (the June 3, 2011, notice) requesting public
comment on the proposed extension of this collection of information.
FDA received five letters in response to the notice, each containing
multiple comments. Several comments were generally supportive of FDA's
information collection provisions in Sec.  190.6. Additional comments
were outside the scope of the four collection of information topics on
which the notice solicits comments, and will not be discussed in this
document.
    (Comment 1) FDA received several comments on the utility of the
premarket notification procedures. Some comments stated that the
information collection is necessary for the performance of FDA's
functions and that the information will be of great practical utility
to FDA in carrying out its role of protecting consumers from the
introduction of unsafe dietary supplements into interstate commerce.
    (Response) FDA agrees. As noted, section 413(a) of the FD&C Act
requires a manufacturer or distributor of an NDI, or of the dietary
supplement that contains the NDI, to submit the information which is
the basis on which the manufacturer or distributor has concluded that a
dietary supplement containing an NDI will reasonably be expected to be
safe. Section 190.6 implements this statutory provision, and is
essential to protecting consumers from unsafe dietary supplements.
    (Comment 2) Several comments argued that FDA underestimated the
burden hours associated with complying with the provisions of Sec.
190.6. One comment argued that FDA's estimate of 20 hours per
notification is too low and stated that firms filing notifications
require 100 to 350 hours to generate data to meet the requirements of
an NDI notification. The comment argued that FDA did not fully consider
the time needed to acquire the required information.
    (Response) FDA disagrees. FDA appreciates the data provided in the
comment. However, the Agency stands by its estimate of the paperwork
burden resulting from Sec.  190.6. As noted in the June 3, 2011,
notice, Sec.  190.6(a) requires each manufacturer or distributor of a
dietary supplement containing an NDI, or of an NDI, to submit
notification of the basis for their conclusion that said supplement or
ingredient will reasonably be expected to be safe. The Agency believes
that there is minimal burden on the industry to generate data to meet
the requirements of the premarket notification program because the
Agency is requesting only that information that the manufacturer or
distributor should already have developed as the basis for its
conclusion that a dietary supplement containing an NDI will reasonably
be expected to be safe. Therefore, the Agency estimates that extracting
and summarizing the relevant information from the company's files, and
presenting it in a format that will meet the requirements of section
413(a) of the FD&C Act and Sec.  190.6 will require a burden of
approximately 20 hours of work per submission.
    (Comment 3) One comment argued that FDA's estimate of 20 hours per
notification is too low and stated that FDA should use burden hour data
from ``successful'' notifications only, indicating that the number of
hours spent on notifications to which FDA does not object more
accurately reflect the burden on industry.
    (Response) FDA disagrees that the estimate of 20 hours per
notification is too low for the reasons stated in response to Comment
2. In addition, the Agency does not regularly collect from those
submitting notifications under Sec.  190.6 information about the number
of hours they spent preparing the notifications, whether ``successful''
or ``unsuccessful.'' FDA appreciates the suggestion provided in the
comment, however, and will consider doing so when it prepares its next
regular information collection request for this collection.
    (Comment 4) One comment argued that FDA's estimate that it will
receive 55 premarket notifications annually is inaccurate and ``deeply
flawed.''
    (Response) FDA disagrees that the estimate of 55 notifications
annually is inaccurate. As stated in the June 3, 2011, notice, the
estimated number of premarket notifications is an average based on the
Agency's experience with notifications received during the last 3
years. FDA received 77 notifications in 2008, 39 notifications in 2009,
and 48 notifications in 2010, for an average of 55 notifications. The
sum of 77 + 39 + 48 equals 164. Dividing that sum by 3 yields an
average of 54.66, which has been rounded up to 55.
    (Comment 5) Several comments argued that FDA incorrectly estimated
that there are no capital costs associated with submitting premarket
notifications under Sec.  190.6. Comments argued that FDA did not fully
consider that notifiers invest significant capital resources in hiring
consultants to extract and summarize information for NDI notifications,
paying for full-text scientific journal articles and obtaining legal
review of NDI notifications.
    (Response) FDA disagrees. The comment mischaracterizes the
significant costs associated with hiring consultants, obtaining
reference materials, and securing legal review of a notification as
capital costs. For purposes of information collection requests under
the PRA, capital costs are costs for equipment, machinery, and
construction that, if not for FDA's request or requirement, the
respondent would not incur. This includes buying new software and new
computer equipment; monitoring, sampling, drilling and testing
equipment; record storage facilities; the cost of purchasing or
contracting out information collection services; and, postage costs to
mail in a report. Capital costs do not include costs to achieve
regulatory compliance with requirements not associated with the
information collection. Hiring consultants to extract and summarize
information for NDI notifications, paying for full-text scientific
journal articles and obtaining legal review of NDI notifications are
costs associated with developing information that the manufacturer or
distributor uses to satisfy itself that a dietary supplement containing
an NDI is in full compliance with section 413(a) of the FD&C Act; thus,
these costs are not a capital cost because they are costs associated
with achieving regulatory compliance with requirements of the FD&C Act,
not costs associated specifically with filing a notification under
Sec.  190.6. FDA notes that it has added a reference to these costs as
``Costs to Respondent'' in section 12(b) of the supporting statement
component of the information collection request that it has submitted
to OMB.
    (Comment 6) Several comment letters noted that on July 5, 2011, FDA
issued a draft guidance entitled ``Dietary Supplements: New Dietary
Ingredient

Notifications and Related Issues'' (available at http://www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments/DietarySupplements/ucm257563.htm). Some comments argued that FDA
underestimated the burden of the notification procedures under Sec.
190.6 because it failed to take into account the provisions of the new
draft guidance.
    (Response) FDA disagrees that we underestimated the burden of the
notification procedures under Sec.  190.6. The collection of
information analysis in the June 3, 2011, notice was limited to the
sole collection of information contained in Sec.  190.6; that is, the
regulation itself and not the provisions of the new draft guidance. The
notification requirements set forth in Sec.  190.6 remain unchanged.
The notice of availability for the new draft guidance (76 FR 39111,
July 5, 2011) states that FDA will estimate the paperwork burden of the
draft guidance document and submit it for OMB review under the PRA in a
future issue of the Federal Register. Comments on the new draft
guidance and any information collection provisions therein are outside
the scope of the comment request in the June 3, 2011, notice, and will
not be discussed in this document.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                           21 CFR Section                               Number of      responses per     Total annual   Average  burden    Total hours
                                                                       respondents       respondent       responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
190.6..............................................................              55                1               55               20            1,100
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    As previously discussed, the Agency believes that there will be
minimal burden on the industry to generate data to meet the
requirements of the premarket notification program because the Agency
is requesting only that information that the manufacturer or
distributor should already have developed as the basis for its
conclusion that a dietary supplement containing an NDI will reasonably
be expected to be safe. Therefore, the Agency estimates that extracting
and summarizing the relevant information from the company's files, and
presenting it in a format that will meet the requirements of section
413(a) of the FD&C Act and Sec.  190.6 will require a burden of
approximately 20 hours of work per submission.
    The estimated number of premarket notifications and hours per
response is an average based on the Agency's experience with
notifications received during the last 3 years and information from
firms that have submitted recent premarket notifications. FDA received
77 notifications in 2008, 39 notifications in 2009, and 48
notifications in 2010, for an average of 55 notifications. Accordingly,
we estimate that 55 respondents will submit 1 premarket notification
each and that it will take a respondent 20 hours to prepare the
notification, for a total of 1,100 hours.

    Dated: August 15, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-21237 Filed 8-18-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Rules and Regulations]
[Pages 9220-9221]
[FR Doc No: 2011-3550]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-1031; Airspace Docket No. 10-AGL-19]

Establishment of Class E Airspace; Martinsville, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Martinsville, IN,
to accommodate new Area Navigation (RNAV) Standard Instrument Approach
Procedures (SIAP) at Morgan Hospital Heliport, Martinsville, IN. The
FAA is taking this action to enhance the safety and management of
Instrument Flight Rule (IFR) operations at the heliport.

DATES: Effective date: 0901 UTC, May 5, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On November 8, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to establish Class E airspace for
Martinsville, IN, creating additional controlled airspace at Morgan
Hospital Heliport (75 FR 68557) Docket No. FAA-2010-1031. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received. Class E airspace designations are published in paragraph
6005 of FAA Order 7400.9U dated August 18, 2010, and effective
September 15, 2010, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designations listed in this document will be
published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing Class E airspace extending upward from 700 feet
above the surface to accommodate the new COPTER RNAV (POINT-IN-SPACE)
standard instrument approach procedures at Morgan Hospital Heliport,
Martinsville, IN. This action is necessary for the safety and
management of IFR operations at the heliport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT

Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace at Morgan Hospital Heliport,
Martinsville, IN.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, and effective September 15,
2010, is amended as follows:

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

* * * * *

AGL IN E5 Martinsville, IN [New]

Martinsville, Morgan Hospital Heliport, IN Point in Space
    (Lat. 39[deg]25'00'' N., long. 86[deg]24'49'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6-mile radius of the Morgan Hospital Heliport point in
space at lat. 39[deg]25'00'' N., long. 86[deg]24'49'' W.

    Issued in Fort Worth, Texas, on February 8, 2011.
Richard J. Kervin, Jr.,
Acting Manager Operations Support Group, ATO Central Service Center.
[FR Doc. 2011-3550 Filed 2-16-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36174-36176]
[FR Doc No: 2016-13338]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0297]
RIN 1625-AA00

Safety Zone; Raritan Bay, Perth Amboy, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Raritan Bay near Perth Amboy, NJ for a fireworks
display. This temporary safety zone is necessary to protect spectators
and vessels from the hazards associated with fireworks displays. This
rule is intended to restrict all vessels from a portion of Raritan Bay
during the fireworks event unless authorized by the Captain of the Port
(COTP) New York or a designated representative.

DATES: This rule is effective from 8:45 p.m. until 10:30 p.m. on July
1, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0297 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email, Marine Science Technician Daniel Vazquez, U.S. Coast
Guard; Telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the

Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. The event sponsor was late in submitting the marine event
application. This late submission did not give the Coast Guard enough
time to publish an NPRM followed by a final rule before the effective
date, thus making the publication of a NPRM impracticable. The event
sponsor advised that the event is in correlation with a festival
bringing together Perth Amboy and South Amboy, NJ to honor Independence
Day. Any change to the date of the event would cause economic hardship
on the event sponsor, negatively impacting other activities being held
in conjunction with the event.
    The location of the event is centrally located between both Perth
Amboy and South Amboy which is more advantageous for the event
spectators and sponsors. In addition, it has less of an impact on
vessel traffic within Raritan Bay because it is out of the major
shipping lanes.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. For the same
reasons discussed in the preceding paragraph, a delay or cancellation
is contrary to the public's interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. This temporary safety zone is necessary to ensure the safety of
spectators and vessels from hazards associated with the fireworks
display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on the waters of
Raritan Bay near Perth Amboy, NJ. All persons and vessels shall comply
with the instructions of the COTP New York or a designated
representative during the enforcement of the temporary safety zone.
Entering into, transiting through, or anchoring within the temporary
safety zone is prohibited unless authorized by the COTP New York or a
designated representative.
    Based on the inherent hazards associated with fireworks, the COTP
New York has determined that fireworks launches in close proximity to
water crafts pose a significant risk to public safety and property. The
combination of increased number of recreational vessels, congested
waterways, darkness punctuated by bright flashes of light, and debris,
especially burning debris falling on passing or spectator vessels, has
the potential to result in serious injuries or fatalities. This
temporary safety zone will restrict vessels from a portion of Raritan
Bay around the location of the fireworks launch platform before,
during, and immediately after the fireworks display.
    The Coast Guard determined that this regulated area will not have a
significant impact on vessel traffic due to its temporary nature and
limited size and the fact that vessels are allowed to transit the
navigable waters outside of the regulated area.
    Consistent with 33 CFR 165.7, the Coast Guard will notify the
public and local mariners of this safety zone through appropriate
means, which may include, but are not limited to, publication in the
Federal Register, the Local Notice to Mariners, and Broadcast Notice to
Mariners.

 V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive order related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    The Coast Guard's implementation of this temporary safety zone will
be of short duration and is designed to minimize the impact to vessel
traffic on the navigable waters. This temporary safety zone will only
be enforced for approximately 135 minutes. Due to the location, vessels
will be able to transit around the safety zone in a safe manner.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of

power and responsibilities among the various levels of government. We
have analyzed this rule under that Order and have determined that it is
consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of a temporary safety zone. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination will be available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA

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

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

0
2. Add Sec.  165.T01-0522 to read as follows:

Sec.  165.T01-0522  Safety Zone; Raritan Bay, Perth Amboy, NJ.

    (a) Regulated area. The following area is a temporary safety zone:
All navigable waters of Raritan Bay within a 300-yard radius of the
fireworks barge located in approximate position 40[deg]29'28'' N,
074[deg]15'45'' W, in the vicinity of Perth Amboy, NJ, approximately
1,110 yards southeast of Ferry Point, Perth Amboy, NJ.
    (b) Effective and enforcement period. This rule will be effective
and enforced from 8:45 p.m. until 10:30 p.m. on July 1, 2016.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port New York
(COTP), to act on his or her behalf. A designated representative may be
on an official patrol vessel or may be on shore and will communicate
with vessels via VHF-FM radio or loudhailer. In addition, members of
the Coast Guard Auxiliary may be present to inform vessel operators of
this regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (d) Regulations. (1) The general regulations contained in Sec.
165.23, as well as the following regulations, apply.
    (2) No vessels, except for fireworks barge and accompanying
vessels, will be allowed to transit the safety zone without the
permission of the COTP.
    (3) All persons and vessels shall comply with the instructions of
the COTP or a designated representative. Upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light, or other means, the
operator of a vessel shall proceed as directed. Failure to comply with
a lawful direction may result in expulsion from the area, citation for
failure to comply, or both.
    (4) Vessel operators desiring to enter or operate within the
regulated area shall contact the COTP or a designated representative
via VHF channel 16 or<PHONE_NUMBER> (Sector New York command center) to
obtain permission to do so.
    (5) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, unless
authorized by COTP or a designated representative.
    (6) The COTP or a designated representative may delay or terminate
any marine event in this subpart at any time it is deemed necessary to
ensure the safety of life or property.

    Dated: May 15, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2016-13338 Filed 6-3-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Notices]
[Pages 47204-47205]
[FR Doc No: 2020-16882]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10010-89-OP]

National Environmental Justice Advisory Council; Notification of
Public Teleconference Meeting and Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of public meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act (FACA), the
U.S. Environmental Protection Agency (EPA) hereby provides notice that
the National Environmental Justice Advisory Council (NEJAC) will meet
on the dates and times described below. All meetings are open to the
public. Members of the public are encouraged to provide comments
relevant to the specific issues being considered by the NEJAC. For
additional information about registering to attend the meeting or to
provide public comment, please see ``REGISTRATION'' under SUPPLEMENTARY
INFORMATION. Due to a limited number of telephone lines, attendance
will be on a first-come, first served basis. Pre-registration is
required.

DATES: The NEJAC will convene a public teleconference meeting on
Wednesday, August 19, 2020, and Thursday, August 20, 2020, starting at
3:00 p.m., Eastern Daylight Time. The meeting discussion will focus on
several topics including, but not limited to, action items from the
February 25-27, 2020, public meeting in Jacksonville, FL, and
discussion and deliberation of a charge related to the reuse and
revitalization of Superfund and other contaminated sites. One public
comment period relevant to the specific issues being considered by the
NEJAC (see SUPPLEMENTARY INFORMATION) is scheduled for Wednesday,
August 19, 2020, starting at 3:30 p.m., Eastern Daylight Time. Members
of the public who wish to participate during the public comment period
must pre-register by 11:59 p.m., Eastern Daylight Time on Sunday,
August 16, 2020.

FOR FURTHER INFORMATION CONTACT: Questions or correspondence concerning
the public meeting should be directed to Karen L. Martin, U.S.
Environmental Protection Agency, by mail at 1200 Pennsylvania Avenue NW
(MC2201A), Washington, DC 20460; by telephone at<PHONE_NUMBER>; via
email at<EMAIL_ADDRESS>Additional information about the NEJAC is
available at https://www.epa.gov/environmentaljustice/national-environmental-justice-advisory-council.

SUPPLEMENTARY INFORMATION: The Charter of the NEJAC states that the
advisory committee ``will provide independent advice and
recommendations to the Administrator about broad, crosscutting issues
related to environmental justice. The NEJAC's efforts will include
evaluation of a broad range of strategic, scientific, technological,
regulatory, community engagement and economic issues related to
environmental justice.''
    Registration: Registration is required for the August 19, 2020, and
August 20, 2020, public teleconference meeting and will be processed at
https://nejac-august-2020-teleconference.eventbrite.com. Registration
for the meeting closes at 11:59 p.m., Eastern Daylight Time on

Sunday, August 16, 2020. The deadline to sign up to speak during the
public comment period, or to submit written public comments, is 11:59
p.m., Eastern Daylight Time on Sunday, August 16, 2020. When
registering, please provide your name, organization, city and state,
and email address for follow up. Please also indicate whether you would
like to provide public comment during the meeting, and whether you are
submitting written comments by the Sunday, August 16, 2020, deadline.

A. Public Comment

    Individuals or groups making remarks during the public comment
period will be limited to three (3) minutes. To accommodate the number
of people who want to address the NEJAC, only one representative of a
particular community, organization, or group will be allowed to speak.
Written comments can also be submitted for the record. The suggested
format for individuals providing public comments is as follows: Name of
speaker; name of organization/community; city and state; and email
address; brief description of the concern, and what you want the NEJAC
to advise EPA to do. Written comments received by registration
deadline, will be included in the materials distributed to the NEJAC
prior to the teleconference. Written comments received after that time
will be provided to the NEJAC as time allows. All written comments
should be sent to Karen L. Martin, EPA, via email at<EMAIL_ADDRESS>
B. Information About Services for Individuals With Disabilities or
Requiring English Language Translation Assistance

    For information about access or services for individuals requiring
assistance, please contact Karen L. Martin, at<PHONE_NUMBER> or via
email at<EMAIL_ADDRESS>To request special accommodations for a
disability or other assistance, please submit your request at least
fourteen (14) working days prior to the meeting, to give EPA sufficient
time to process your request. All requests should be sent to the
address, email, or phone number listed in the FOR FURTHER INFORMATION
CONTACT section.

    Dated: July 21, 2020.
Matthew Tejada,
Director for the Office of Environmental Justice.
[FR Doc. 2020-16882 Filed 8-3-20; 8:45 am]
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